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: PRESS OF LONGINO PORTER, INC. 19580000 English Page 2001 LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1958 19580000 Compiled and Published by Authority of the State Page 2002 PRESS OF LONGINO PORTER, INC. HAPEVILLE, GA. Page 2003 ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1958 COMPENSATION TO E. FRANK HANCOCK. No. 1 (House Resolution No. 170-529a). A Resolution. Relative to E. Frank Hancock; and for other purposes. Whereas, Mr. E. Frank Hancock was employed in the tubercular ward at the Milledgeville State Hospital and had no trace of tuberculosis when he started his service with the hospital; and Whereas, after serving approximately 4 years in the tubercular ward, it was discovered that he had contracted tuberculosis, and he was forced to leave work; and Page 2004 Whereas, he has been unable to return to work, has received no benefits from any agency of the State, and it is only just and proper that he be placed in the same position as other employees who have contracted tuberculosis; Now, therefore, be it resolved by the General Assembly of Georgia that the Director of the State Department of Public Welfare is hereby authorized to place Mr. E. Frank Hancock, effective as of the date of the approval of this resolution, on the payroll at the compensation provided in the Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 513), relating to State employees contracting tuberculosis. Approved February 3, 1958. COBB COUNTY RECREATION AUTHORITY. No. 1 (House Bill No. 636). An Act to to create the Cobb County Recreation Authority and to authorize such authority, to acquire, construct, equip, maintain and operate a recreational center and area or centers and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to create an Advisory Committee to the Authority; to authorize the Authority to contract with others pertaining to the recreational facilities and to execute leases of such Page 2005 facilities and to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the Authority including, but not limited to, earnings derived from leases and income from conveyances of real property of the Authority, and to pay the cost of such undertakings and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Cobb County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the Authority exempt from taxation; to grant the Authority the right of eminent domain and empower it to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended); to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with the provisions of this Act; and for other purposes: Whereas, Cobb County has been and is steadily increasing in population and Cobb County does not have adequate recreational facilities for its citizens and there exists an urgent need to provide the citizens of such county and environs and others with adequate recreational areas and facilities for the purpose of promoting the health, morals and general welfare of such citizens; and Whereas, it is advisable to authorize the financing, Page 2006 in whole or in part, the cost of the acquisition, construction, equipping, maintenance and operation of a recreational center and area or centers and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, and the cost of acquiring the necessary property therefor, both real and personal, by the issuance of revenue bonds or obligations of the authority for that purpose. Be it therefore enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. Short Title This may be cited as the Cobb County Recreation Authority Act. Section 2. Cobb County Recreation Authority There is hereby created a body corporate and politic to be known as the Cobb County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Authority shall consist of seven (7) members, one of whom shall be a resident or former resident other than the Mayor or Mayor Pro Tem. of the City of Acworth, Georgia, or its environs, who shall be appointed by the governing body of said city; one of whom shall be a resident or former resident other than the Mayor or Mayor Pro Tem. of the City of Austell, Georgia, or its environs, who shall be appointed by the governing body of said city; one of whom shall be a resident or former resident other than the Mayor or Mayor Pro Tem. of the City of Kennesaw, Georgia, or its environs, Page 2007 who shall be appointed by the governing body of said city; one of whom shall be a resident or former resident other than the Mayor or Mayor Pro Tem. of the City of Marietta, Georgia, or its environs, who shall be appointed by the governing body of said city; one of whom shall be a resident or former resident other than the Mayor or Mayor Pro Tem. of the City of Powder Springs, Georgia, or its environs, who shall be appointed by the governing body of said city; one of whom shall be a resident or former resident other than the Mayor or Mayor Pro Tem. of the City of Smyrna, Georgia, or its environs, who shall be appointed by the governing body of said city; one of whom shall be a freeholder and registered qualified voter of Cobb County other than the Commissioner of Roads and Revenues of Cobb County, his deputy or any member of the Advisory Board of Cobb County and who shall not be one of the members of the Authority appointed by the governing bodies of the cities hereinabove set forth who shall be appointed by the Commissioner and Advisory Board of Cobb County. The members of the Authority shall be appointed on or prior to March 15, 1958 and shall hold office for a term of two (2) years from March 15, 1958 and until his or her respective successor shall be selected and appointed in the same manner that he or she was appointed for a two (2) year term of office, which method of appointment and tenure of office shall apply to all succeeding members of the Authority. On March 15, 1958 the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as chairman and another member as vice-chairman, both of whom shall be elected for a term of one year to serve on March 15, 1959 or until their successors are elected and qualified and annually thereafter in the same manner. It shall also elect a secretary and treasurer who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights and shall be elected to serve for such term as may be determined by the Authority. If a member of the Authority is elected to serve as secretary and treasurer, he or she shall be elected in the same manner and for the same term as the chairman and vice-chairman. No member of the Authority Page 2008 shall hold more than one office except that of secretary and treasurer. Four members of the Authority eligible to vote shall constitute a quorum. A majority of the quorum is empowered to exercise all the rights and perform all the duties of the Authority and no vacancy on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason, in the same manner that such member originally became a member of the Authority. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Advisory Committee There is hereby created an Advisory Committee to advise and assist the Authority in the performance of its duties and functions hereunder. The mayors of the cities of Acworth, Austell, Kennesaw, Marietta, Powder Springs and Smyrna, respectively, the Commissioner of Roads and Revenues of Cobb County and the members of the Advisory Board of Cobb County shall compose and serve ex-officio as members of the Advisory Committee. The Advisory Committee shall meet with the Authority from time to time upon reasonable notice at the request of the Authority, and the Authority shall likewise meet with the members of the Advisory Committee at the request of the Committee upon reasonable notice. The functions of the Advisory Committee shall be advisory only, and the Authority shall make and be responsible for all decisions and the taking of all actions hereunder authorized. However, in making such decisions and taking such actions, any recommendation or recommendations of the Advisory Committee shall be carefully considered. In the absence or disability of any one or more of the aforesaid mayors, the mayor pro tem. of such city shall act in his place and stead, and in the absence or disability of the Commissioners Page 2009 of Roads and Revenues of Cobb County, his deputy shall act in his place and stead. Section 4. Definitions As used in this Act the following words and terms shall have the following meanings: (a) The word Authority shall mean the Cobb County Recreation Authority created in section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of a recreation center and area or centers and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas, deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for Page 2010 such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority, including the proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et. seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 5. Powers The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power and right of eminent domain, which is hereby granted, by condemnation Page 2011 in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be made by the court having jurisdiction of the suit, action or proceedings 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; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in Cobb County or in any municipality incorporated in said county, the governing authority or body of said county or of any of said municipalities, is hereby authorized to convey title to such lands to the Authority if said property is unservicable or cannot be advantageously or benefically used by said county or municipalities upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon Page 2012 by the governing authority or body of said county or municipality and the Chairman of the Authority; (d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State 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 municipal corporations and counties and to the Authority to enter into contracts, lease and sub-lease agreements, with the Director of the Division of State Parks, Historical Sites and Monuments of the Department of Natural Resources of the State of Georgia, or other agencies or departments thereof relative to parks and recreational centers, areas and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof and with the United States Government or any agency or department thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing Page 2013 the issuance of any of its bonds or obligations as provided in section 19 of this Act; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality, may impose; (h) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision, may impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) 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; (k) The Authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Page 2014 Authority was created, except as such right and power may be limited as provided in section 19 hereof; (1) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 6. Revenue Bonds The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semiannually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, 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. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 7. Same; 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 Page 2015 payment of principal and interest thereof, which may be at 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 of any coupon bond as to principal alone and also as to both the principal and interest. Bonds. Section 8. Same; Signatures; Seal In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any 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. All such bonds shall be signed by the Chairman of the Authority and attested by the secretary and treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and secretary and treasury of the Authority. 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 hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. Bonds. Section 9. Same; Negotiability; Exemption from Taxation All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds are declared to be issued for an essential public and governmental purpose and said bonds and the income thereof shall be exempt from all taxation within the State. Bonds. Section 10. Same; 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 less than Page 2016 par as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par. Section 11. Same; Proceeds of Bonds The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of 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 for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. Section 12. Same; Interim Receipts and Certificates or Temporary Bonds Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 13. Same; Replacement of Lost or Mutilated Bonds The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. 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, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance Page 2017 of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Bonds. Section 15. Credit not Pledged Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Cobb County, or any municipality therein, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 16. Same; Trust Indenture as Security In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including, the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed Page 2018 and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 17. Same; To Whom proceeds of bonds shall be paid The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 18. Same; Sinking Fund The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, Page 2019 may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture 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 again be issued. Section 19. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted 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 Page 2020 the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 20. Same; Refunding Bonds The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue 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 foregoing provisions of this Act insofar as the same may be applicable. Section 21, Same; Venue and Jurisdiction Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Cobb County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 22. Same; Validation Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such Page 2021 bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said Cobb County Recreation Authority. Bonds. Section 23. Same; Interest of Bondholders Protected While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 24. Moneys Received Considered Trust Funds All moneys received pursuant to the Authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 25. Purpose of the Authority Without limiting the generality of any provisions of this Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating a recreational center and area or centers and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities acquiring the necessary Page 2022 property therefor both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 26. Rates, Charges and Revenues; Use The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and in anticipation of the collection of the revenues and income of such undertakings or projects is authorized to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made or the sale of any of its lands and facilities. Section 27. Rules and Regulations for Operation of Projects It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which recreational facilities shall be furnished. Section 28. Powers Declared Supplemental and Additional The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby 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 2023 Section 29. Liberal Construction of Act This Act being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia and of Cobb County, shall be liberally construed to effect the purposes hereof. Section 30. Effect of Partial Invalidity of Act 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 31. Repeal This Act does not in any way take from Cobb County or any municipality located therein, the authority to own, develop, operate and maintain public parks and recreational facilities, or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended). 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-February 1958 session of the General Assembly of Georgia a bill to create the Cobb County Recreation Authority; to provide the powers and duties of such Authority; to provide methods of financing authorized undertakings by the issuance of revenue bonds and otherwise; to authorize the Authority: to own, operate, maintain, sell and lease property and facilities; to contract, to sue and be sued; to borrow money and pledge its assets; to collect and disburse money; to own and operate recreational facilities and to do all things necessary or incident thereto; to have all the rights and privileges Page 2024 of corporations generally and to be a body politic; and for other purposes. This 12th day of December, 1957. Harold S. Willingham, Representative, Cobb County 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 Cobb County Times, the official organ of Cobb County, in its editions for the following dates: December 12, December 19, and December 26, 1957. /s/ Harold S. Willingham, Representative, Cobb County Sworn to and subscribed before me this 10th day of January, 1958. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia My Commission expires September 14, 1960. (Seal). Approved February 11, 1958. CITY OF AUSTELLCHARTER AMENDED. No. 2 (House Bill No. 705). An Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell, and reincorporating said town or corporation Page 2025 as the City of Austell, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, particularly by an Act approved February 5, 1952 (Ga. L. 1952, p. 2054), an Act approved February 23, 1955 (Ga. L. 1955, p. 2426) and also an Act approved March 13, 1957 (Ga. L. 1957, Vol. 2, p. 3112), so as to increase the corporate limits of the City of Austell; to provide that under certain circumstances a councilman who shall move his legal residence may continue to serve out his term of office; 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 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 5, 1952 (Ga. L. 1952, p. 2054), an Act approved February 23, 1955 (Ga. L. 1955, p. 2426) and also an Act approved March 13, 1957 (Ga. L. 1957, Vol. 2, p. 3112) is hereby amended by adding a new section to be known as section 3C, which shall be inserted between section 3B and section 4 of said Act as amended, and which shall read as follows: Section 3C. There shall be included in the corporate limits of the City of Austell, in addition to the area described in sections 3, 3A and 3B of this Act, as amended, all the area embraced within the following described parcels of land: Parcel No. 1All that tract or parcel of land lying and being in original land lot No. 1284 of the 19th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the present city limits of the City of Austell, Georgia, with the northwesterly side of Marietta Street, also known as Perkerson Mill Road; thence northeasterly along the northwesterly side Page 2026 of said road for a distance of 320 feet more or less to the corner of the property of Edward S. Scott; thence northwesterly along property of said Edward S. Scott for a distance of 300 feet to a point and corner; thence southwesterly still along said Scott property for a distance of 60 feet to a point and corner; thence northwesterly still along said Scott property for a distance of 400 feet more or less to the southeasterly bank of Sweetwater Creek; thence southwesterly along the meanderings of the southeasterly bank of Sweetwater Creek for a distance of 180 feet to the property of John Causey; thence southeasterly along the line between the properties of Louise C. McKinney and John Causey for a distance of 650 feet more or less to the arc forming the present city limits line of the City of Austell; thence along said city limits line to the point of beginning. Corporate limits. Parcel No. 2All that tract or parcel of land lying and being in original land lot No. 206, 18th district, 2nd section, Douglas County, Georgia, and being more particularly shown and delineated by a plat made by Merritt Welker, Engineers, dated January, 1956, which is recorded in plat book 1, page 350, Douglas County records, and being more particularly described as follows: Beginning at the northwest corner of original land lot No. 206 and running thence north 88 degrees 50 minutes east along the heretofore existing city limits line of the City of Austell, Georgia, this being also along the line forming the southern boundary of Cobb County, Georgia, and the northern boundary of Douglas County, Georgia, for a distance of 695.6 feet to the intersection of the center line of Line Street with the west side of Pine Street as shown on said plat; thence south 0 degrees 40 minutes east along the west side of Pine Street for a distance of 285.9 feet to a point and corner; thence south 88 degrees 35 minutes west for a distance of 697.6 feet to the west line of said land lot No. 206; thence north 0 degrees 14 minutes west along the west line of said land lot for a distance of 289.2 feet to the point of beginning. Page 2027 Section 2. Said Act is further amended by inserting in section 8 thereof following the words, unless he be a bona fide resident of such ward, the words, except as hereinafter provided, so that said section, as amended hereby, shall read as follows: Section 8. Be it further enacted by the authority aforesaid, that said city shall be laid off into four wards, as above provided, and that one councilman shall be elected from each ward at the next annual election by the qualified voters of said city, and two councilmen shall be elected at the next annual election from the city at large, whose compensation shall not exceed one hundred and twenty-five ($125.00) dollars per annum, which shall be fixed by the mayor and council, but shall not be increased or diminished during the term for which said member is elected; and no person shall be eligible to represent, in the city council, any ward, unless he be a bona fide resident of such ward except as hereinafter provided. The term of office of each councilman shall be two years, except, of the six councilmen elected, three shall serve one year and three two years, and there shall be an election annually thereafter for the election of three councilmen to fill the places of three councilmen whose terms expire at the end of the year; it being the purpose of this section to provide that the election for councilmen shall be annually, so that one half shall go out each year. Provided, that at the first election for council members after this charter becomes effective, the ballot shall state which of the six council members are to hold office for one year, and which are to hold office for two years, and provided that the ballot shall specify which of one councilmen from the city at large is to hold office for the year and which is to hold office for two years. City councilmen. Section 3. Said Act is further amended by striking from section 38 thereof the words, And if any member of said council representing a ward shall move his legal residence from such ward represented by him, his office in said council shall be immediately declared vacant and his successor elected as herein provided, and inserting Page 2028 in lieu thereof the words, But if any member of said council representing a ward shall move his legal residence from such ward represented by him, to another ward, through no fault of his own, but as a result of property sale, expiration of lease, failure to obtain suitable living quarters, or such other matter not within his control, but provided he shall remain a freeholder, such member of council shall be allowed to serve out the remainder of the term of office to which he was elected, so that said section, as amended hereby, shall read as follows: Section 38. Be it further enacted by the authority aforesaid, that should the mayor of said city or any councilman thereof move his legal residence from said city, his office shall be immediately declared vacant and shall be filled as herein provided. But if any member of said council representing a ward shall move his legal residence from such ward represented by him, to another ward, through no fault of his own, but as a result of property sale, expiration of lease, failure to obtain suitable living quarters, or such other matter not within his control, but provided he shall remain a freeholder, such member of council shall be allowed to serve out the remainder of the term of office to which he was elected. City councilmen. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1958 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 12th day of December, 1957. Harold S. Willingham Representative, Cobb County Page 2029 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 Cobb County Times, the official organ of Cobb County, in its editions for the following dates: December 12, December 19, and December 26, 1957. /s/ Harold S. Willingham Representative, Cobb County Sworn to and subscribed before me this 10th day of January, 1958. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. My commission expires September 14, 1960. (Seal). Approved February 11, 1958. CITY OF POWDER SPRINGSCHARTER AMENDED. No. 3 (House Bill No. 706). An Act to amend an Act incorporating the City of Powder Springs, approved August 5, 1920 (Ga. L. 1920, p. 1437), as amended by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2637), so as to provide that a majority of voters voting in an election may authorize the issuance of bonds by such city; to change the provisions relating to limitations on ad valorem taxation by said city; to repeal conflicting laws; and for other purposes. Page 2030 Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Powder Springs, approved August 5, 1920 (Ga. L. 1920, p. 1437), as amended by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2637) is amended by striking from section 51 thereof the words, by two-thirds of the qualified voters of said city at, and inserting in lieu thereof the words, by a majority of the qualified voters of said city voting in, so that said section, as amended hereby, shall read as follows: Section 51. Be it further enacted, that whenever the City of Powder Springs, acting through its Mayor and Council, shall desire to create a bonded debt for the purpose of carrying into effect any of the powers and provisions of this charter, it shall have the right and authority to do so when authorized by a majority of the qualified voters of said city voting in an election held for that purpose as provided by law. The Mayor and Council shall have the authority to enact such ordinances to carry out and effectuate the provisions of this section. Bond elections. Section 2. Said Act is further amended by striking from section 54 thereof the words, seventy-five cents, and inserting in lieu thereof the words, one dollar, and by inserting at the end of said section the words, In addition to the tax provided for in this section for the operation of the city government, said Mayor and Council is hereby authorized to make such additional levy and collection of ad valorem taxes as may be necessary to retire any bonded indebtedness of said city and to create reasonable sinking funds therefor, so that said section, as amended hereby, shall read as follows: Section 54. Be it further enacted, That the Mayor and Council of the City of Powder Springs shall have power and authority to levy and collect a tax annually of not exceeding one dollar on the one hundred dollars upon all and every species of property, both real and personal, within the limits of the City of Powder Springs, including bonds, notes, debts, choses in action, money Page 2031 employed in banking and otherwise and to enforce the collection of same by execution, levy and sale as provided for by and under the laws of the State of Georgia, and as provided for by ordinance of the Mayor and Council of said city. In addition to the tax provided for in this section for the operation of the city government, said Mayor and Council is hereby authorized to make such additional levy and collection of ad valorem taxes as may be necessary to retire any bonded indebtedness of said city and to create reasonable sinking funds therefor. Tax rate. 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-February 1958 session of the General Assembly of Georgia, a bill to amend the charter of the City of Powder Springs (Ga. L. 1920, p. 1437 et seq.) as heretofore amended, and for other purposes. This 12th day of December, 1957. Harold S. Willingham, Representative, Cobb County 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 Cobb County Times, the official organ of Cobb County, in its editions for the following dates: December 12, December 19, and December 26, 1957. /s/ Harold S. Willingham, Representative, Cobb County Page 2032 Sworn to and subscribed before me this 10th day of January, 1958. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia My commission expires September 14, 1960. (Seal). Approved February 11, 1958. CITY OF SMYRNACORPORATE LIMITS. No. 4 (House Bill No. 704). 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 an Act approved February 13, 1956, (Vol. 2, p. 2265), and also an Act approved March 5, 1957 (Ga. L. 1957, Vol. 2, p. 2540), 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 an Act approved Febraury 13, 1956 (Ga. L. 1956, Vol. 2, p. 2265), and also an Act approved March 5, 1957 (Ga. L. 1957, Vol. 2, p. 2540), is hereby amended by adding a new section to be known as section 4(e), which shall be inserted between sections 4(d) and 5 of said Act as amended, and which shall read as follows: Section 4 (e). There shall be included in the corporate limits of the City of Smyrna, in addition to the area Page 2033 described in section 4, 4(a), 4(b), 4(c) and 4(d) of this Act, as amended, all of the area embraced within the following described parcels and tracts of land: Parcel One: All that tract or parcel of land lying and being in land lots 665, 666, 667, 700, 701, 702, 703, 704, 737 and 738 of the 17th district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the west line of land lot 667, said district, section and county which line is also the eastern city limits of Smyrna, Georgia, said point also being thirty (30) feet south of the northwest corner of said land lot and running thence easterly thirty (30) feet south of and parallel to the north line of land lots 667 and 702 one thousand nine hundred and sixty (1960) feet, more or less, to the center line of a creek; running thence southwesterly along the center line of said creek nine hundred and eighty feet (980), more or less, to the west line of land lot 702; running thence south along the west line of said land lot and the west line of land lot 701 five hundred (500) feet to the north line of property owned by the State of Georgia known as the Western and Atlantic Railroad; continuing thence south along the west line of said land lot 701 seventy two and two tenths (72.2) feet to the south line of property owned by the State of Georgia; running thence northeasterly along the south line of said property two hundred eighteen and six-tenths (218.6) feet to the west line of property now or formerly owned by Howell; running thence southeasterly along the west line of said property four hundred eighty eight and two-tenths (488.2) feet to a point; running thence southeasterly but in a more easterly direction three hundred (300) feet to a point in the center of a proposed fifty (50) foot street; running thence southwesterly, southerly and southeasterly along the centerline of said street one thousand and forty-nine and two-tenths (1049.2) feet to the northwest side of Campbell Road; running thence northeasterly along the Page 2034 northwest side of said road one thousand six hundred ninety-three and one-tenth (1693.1) feet to the south line of property owned by the State of Georgia and previously described above; running thence northwesterly, westerly and southwesterly along the south line of said property one thousand forty-five (1045) feet to a point; running thence northerly and parallel to the west line of land lot 702, said district, section and county, ten (10) feet to a point; running southwesterly parallel to the south line of property owned by said State and previously described, a distance of two hundred eighteen (218) feet, more or less, to a point ten (10) feet east of the west line of land lot 702, said district, section and county; running thence northerly ten (10) feet east of and parallel to said land lot five hundred fifty (550) feet, more or less, to a point ten (10) feet southeasterly of the centerline of the previously described creek; running thence northeasterly along a line ten (10) feet southeasterly from the centerline of said creek one thousand and twenty (1020) feet, more or less, to the south line of land lot 703, said district, section and county; running thence westerly along said land lot line twelve (12) feet, more or less, to the centerline of said creek; running thence northeasterly along the centerline of said creek one thousand six hundred and seventy (1670) feet, more or less, to a line one hundred fifty (150) feet north of the north right of way line of Spring Street; running thence west along a line one hundred and fifty (150) feet north of and parallel to said right of way line one thousand seven hundred (1700) feet, more or less, to the centerline of an abandoned road; running thence southwesterly along the centerline of said road three hundred sixty-five (365) feet, more or less, to the north side of Spring Street; running thence southeasterly diagonally across Spring Street one hundred four (104) feet, more or less, to a point on the south side of Spring Street and northwest corner of property now or formerly owned by A. L. Crowe; running thence south along the west line of said Crowe property two hundred fifty (250) feet to a point; running thence westerly one hundred seventy-five (175) feet to a point; running thence south Page 2035 three hundred fifty-one (351) feet to a point; running thence east forty and three-tenths (40.3) feet to a point; running thence south six hundred forty-seven and eight-tenths (647.8) feet to a point twenty (20) feet south of the north line of land lot 667; running thence west along a line twenty (20) feet south of and parallel to said land lot line six hundred ninety-two (692) feet to a point on the east line of the City of Smyrna; running thence south along the east line of the City of Smyrna and the West line of land lot 667 ten (10) feet to a point, the point of beginning. Corporate limits. Parcel Two: All that tract or parcel of land lying and being in land lots 668, 669, 700 and 701 of the 17th district, 2nd section, Cobb County, Georgia, being more particularly described as follows: Beginning at an iron pin at the intersection of the northeast side of Old Marietta Highway and the northwest side of Campbell Road in land lot 669; thence northeast along the north side of Campbell Road five hundred (500) feet in land lot 700 to an iron pin located on the north side of Campbell Road; thence sixty-four and four-tenths (64.4) feet north thirty-eight (38) degrees seven (7) minutes west; thence four hundred and twenty and six-tenths (420.6) feet along a certain line of a proposed street, as shown upon a plat made by Merritt and Welker, Engineers, dated April 1950; thence one hundred and forty-one and four-tenths (141.4) feet north forty-six (46) degrees east along the center line of said proposed street; thence four hundred and twenty-two and eight-tenths (422.8) feet north thirty-four (34) degrees ten (10) minutes east to an iron pin; thence three hundred (300) feet north seventy-two (72) degrees thirty-seven (37) minutes west to an iron pin; thence four hundred eighty-eight and two-tenths (488.2) feet, more or less, north seven (7) degrees fifty (50) minutes west to an iron pin located on the south side of the W A Railroad right-of-way in land lot 702; thence eight hundred and seventy-eight and six-tenths (878.6) feet west along the south side of said W A Railroad right-of-way to an iron pin in land lot 668; thence one thousand and forty-five (1045) feet south one (1) degree thirty-eight minutes east to an iron pin on the north side of Old Marietta or U. S. Highway 41-W; thence five hundred and ninety and two-tenths (590.2) feet along the north side of said highway to an iron pin and the point of beginning; said tract containing 29.62 acres. Page 2036 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-February 1958 session of the General Assembly 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 12 day of December, 1957. Harold S. Willingham, Representative, Cobb County. 12: 12-19-26:1:2. 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 Cobb County Times, the official organ of Cobb County, in its editions for the following dates: December 19th, December 26th, 1957, and January 2nd, 1958. /s/ Harold S. Willingham, Representative, Cobb County. Page 2037 Sworn to and subscribed before me this 15th day of January, 1958. /s/ Frances Y. Read Notary Public, Fulton County, Georgia. Approved February 11, 1958. CITY OF BAINBRIDGECHARTER AMENDED. No. 5 (House Bill No. 669). 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, so as to authorize said city through its mayor and council to sell, lease, or dispose of in any manner whatsoever any property owned by said city on such terms and conditions as thought best by a majority of the mayor and council of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Bainbridge, approved December 16, 1901, (Ga. L. 1901, p. 321) as amended, is amended by inserting following paragraph (26) of section 21 thereof a new paragraph to be known as paragraph (26-A), and which shall read as follows: (26-A). To sell, lease, or dispose of any property owned in fee simple by the City of Bainbridge upon such terms and conditions and in such manner as may be thought best by a majority of the mayor and council of said city. Authority to dispose of property. Section 2. All laws and parts of laws in conflicts with this Act are hereby repealed. Page 2038 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Cloud, who, on oath, deposes and says that he is Representative from Decatur County, and that the attached copy of notice of intention to introduce local legislation was published in the Post Searchlight the official organ of said county, on the following dates: December 19, December 26, 1957 and January 2, 1958. /s/ H. Carl Cloud, Representative, Decatur County Sworn to and subscribed before me this 15 day of Jan., 1958. /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 there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to amend the Charter for the City of Bainbridge approved December 16, 1901 (Ga. L. 1901, p. 321 as amended) so as to authorize said city, through its mayor and council, to sell, lease, or dispose of, in any manner whatsoever, any property owned by said city on such terms and conditions as thought best by a majority of the mayor and council of said city, to repeal conflicting laws, and for other purposes. This 16th day of December, 1957. John L. Taylor H. C. Cloud Representatives, Decatur County, Georgia. (Dec. 19, 26. Jan. 2.) Approved February 12, 1958. Page 2039 EVANS COUNTYCOMPENSATION OF ORDINARY. No. 7 (House Bill No. 630). An Act to amend an Act entitled An Act to authorize and direct the proper authorities of the County of Evans, State of Georgia, having charge of the fiscal affairs of said county, to pay the sum of fifty dollars ($50.00) monthly to the ordinary of said county, in addition to the fees and compensation now allowed by law, approved February 27, 1947, (Ga. L. 1947, p. 208), by striking the words and figures fifty dollars ($50.00) in section I of said Act, and inserting in lieu thereof the words and figures seventy five dollars ($75.00), and 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. An Act entitled An Act to authorize and direct the proper authorities of the County of Evans, State of Georgia, having charge of the fiscal affairs of said County, to pay the sum of fifty dollars ($50.00) monthly to the ordinary of said county, in addition to the fees and compensations now allowed by law, and other purposes, is hereby amended by striking the words and figures fifty dollars ($50.00) in said section and inserting in lieu thereof the words and figures, seventy five dollars ($75.00), so that said section as amended shall read as follows: Section 1. That from and after the passage of this Act, the proper authorities of the County of Evans, State of Georgia, having charge of the fiscal affairs of said county, are hereby authorized and directed to pay the sum of seventy five dollars ($75.00) monthly to the ordinary of said county, in addition to the fees and compensation now allowed by law. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Page 2040 Legal Ad Notice of Proposed Local Legislation. Notice is hereby given that at the General Assembly of Georgia, which convenes in January, 1958, there will be introduced a local bill affecting only Evans County, Georgia, which will provide for compensation for the Ordinary of Evans County, Georgia, in addition to the fees as provided by law. Said extra compensation to be paid out of the general funds of said county. This the 10th day of November, 1957. Georgia, Evans County. Personally appeared before the undersigned attesting officer, J. F. Eden, who being duly sworn deposes and on oath says, that he is co-publisher of The Claxton Enterprise, a newspaper of said county in which sheriff's advertisements are published, and that the above attached Notice of Proposed Local Legislation was duly published in said newspaper in the issues of December 12th, 19th and 26th, 1957. /s/ J. F. Eden Sworn to and subscribed before me, this the 11th day of January, 1958. /s/ Jack H. Burkhalter, Clerk Superior Court Evans County, Georgia (S). Approved February 14, 1958. MITCHELL COUNTYCOMMISSIONERS' SALARIES. No. 8 (House Bill No. 634). An Act to amend an Act entitled An Act to provide for a County Board of Commissioners for the County of Mitchell, and to provide and define the power and Page 2041 duties thereof, approved February 20, 1873, and all acts amendatory thereof, and particularly amending section 2 of the Acts of the General Assembly of Georgia, approved July 19, 1927, and Act of the General Assembly of Georgia, approved March 7, 1955, so as to change the compensation to be paid the Commissioners of Roads and Revenues of Mitchell County, Georgia; 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 from and after the passage and approval of this Act, an Act of the General Assembly of Georgia, approved February 20, 1873, providing for a County Board of Commissioners for the County of Mitchell, and defining the powers and duties thereof, and all acts amendatory thereof, be and said original act of 1873, as aforesaid, and all amendatory acts thereof, are hereby amended by striking from section 1 of the amendatory Act of 1955, approved March 7, 1955 (Ga. L. 1955, pp. 3092, 3093 and 3094) the words forty dollars in line seventeen thereof and inserting in lieu thereof, one hundred dollars and by striking the words fifty dollars in line twenty thereof, and inserting in lieu thereof the words one hundred twenty-five dollars so that said original act, and all amendatory acts, relating to compensation of members and chairman of Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, as finally amended, will read as follows: Each Commissioner of Roads and Revenues of said County of Mitchell as provided for in this Act shall receive for his services the sum of one hundred dollars per month; provided, that the chairman so elected by the Board of Commissioners of Roads and Revenues of said county shall receive the sum of one hundred twenty-five dollars per month; said sums to be paid out of the treasury of said county upon warrants duly drawn by said Board of Commissioners of said county, all other provisions of said original and amendatory acts to remain the same. Section 2. Be it further enacted by the General Assembly Page 2042 of Georgia, and it is hereby enacted by the authority of same, that this law is to become effective immediately on its passage and approval by the Governor of Georgia. 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. Notice of Local Legislation. There will be introduced at the present session of the General Assembly of Georgia, which convenes on January 13th, 1958, a local bill affecting the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, the caption of which is as follows: An Act to Amend an Act entitled An Act to provide for a County Board of Commissioners for the County of Mitchell, and to provide and define the powers and duties thereof, approved February 20, 1873, and all acts amendatory thereof, and particularly amending Section 2 of the Acts of the General Assembly of Georgia, approved July 19, 1927, and Act of the General Assembly of Georgia, approved March 7, 1955, so as to change the compensation to be paid the Commissioners of Roads and Revenues of Mitchell County, Georgia, and for other purposes. This 11th day of December, 1957. Frank S. Twitty Tom C. Palmer, Jr. Representative, Mitchell County, Georgia. Georgia, Mitchell County. I, B. T. Burson, being first duly sworn, on oath says: that I am editor and publisher of Camilla Enterprise, a weekly newspaper and the official organ of Mitchell County, Georgia, in which sheriff's advertisements are Page 2043 published and that the above and foregoing is a true and correct copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated December 20th and December 27th, 1957 and January 3rd. 1958. /s/ B. T. Burson Sworn to and subscribed before me, this the 10th day of January, 1958. /s/ Hazel Bullard Notary Public, Georgia, State at Large. My commission expires February 1, 1962. (Seal). Approved February 14, 1958. PRIMARY ELECTIONS IN CERTAIN COUNTIESNOMINEE MUST RECEIVE A MAJORITY OF VOTES CAST. No. 9 (House Bill No. 647). An Act to provide that in all counties of this State having a population of not less than 29,050 nor more than 30,250, according to the 1950 United States census or any future such census, any political party holding a primary for the nomination of a candidate for a county office shall require that the nominee receive a majority vote of those persons voting thereon; 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 29,050 nor more than 30,250, according to the 1950 United States census or any future such census, any political party holding a primary for the nomination of a candidate for a county office shall require that the nominee receive a majority vote of those persons voting thereon. Where applicable. Page 2044 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1958. CHATHAM COUNTYSTREETS, SIDEWALKS, ETC. No. 10 (House Bill No. 635). An Act to carry into effect an amendment to the Constitution relating to the authority of Chatham County to construct and maintain streets, sidewalks and curbing, and to levy assessments therefor; to authorize Chatham County and the governing authorities thereof to provide for the construction and maintenance of streets, sidewalks and curbing; to define the authority of the Commissioners of Chatham County under this Act; to provide a procedure for the exercise of powers granted under this Act; to provide for assessments, liens, payments, executions and illegalities under this Act; to provide for the issuance, collection and assignment of fi. fas.; to authorize the employment of personnel to carry out the provisions of this Act; to authorize the governing authorities of Chatham County to provide rules and regulations and to promulgate the same in regard to the construction of streets, sidewalks and curbing; to authorize the exercise of the power of eminent domain; to define certain terms used in this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The authority heretofore granted to Chatham County to provide for the construction and maintenance of streets, sidewalks and curbing by the Constitution of Georgia and the amendment thereto, shall be exercised in the manner hereinafter provided in this Act. Enabling Act to constitutional amendment. Section 2. Wherever the term commissioners is used in this Act, it shall refer to the Commissioners of Page 2045 Chatham County, Georgia, and ex-officio Judges thereof, or to any officer or officers who may by law hereinafter enacted be vested with control of the fiscal affairs of said county. Definitions. Section 3. The commissioners are given full and complete authority to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivision of Chatham County, Georgia, located outside the corporate limits of any municipality, where the lots have been subdivided with frontage of one hundred fifty feet or less, and to determine when such construction and maintenance is necessary. The terms construction and maintenance as used herein shall include laying out, grading, repairing, paving, or otherwise improving the travel and drainage of such street and sidewalks, which are now in existence or which may hereafter be opened, laid out or constructed, and to lay curbing along any of the same. Same. Section 4. The commissioners shall provide by regulation a method for determining the costs of such construction and maintenance and the proportion of the costs to be assessed against the abutting property owners, and they shall have authority to assess the entire cost of such maintenance and construction, or any properties thereof against such abutting property owners. However, no assessments shall be made against abutting property, unless the same is consented to in writing by the owners of fifty-one percent of the property abutting such improvements. Costs. Section 5. Whenever any such construction or maintenance is to be done and the costs assessed against abutting property owners, the commissioners shall set a date for a hearing on such proposed construction or maintenance and shall publish a notice in the newspaper in Chatham County in which the sheriff's advertisements are published at least once ten days prior to the date of said hearing, which notice shall give a brief description of the subdivision in which the work is to be done, the nature of the improvements to be made and the beginning Page 2046 and terminus of the road or street upon which such improvements are to be made and such notice shall set forth the time and place of the hearing. At said hearing, which shall be before the commissioners, any person by himself, his agent or attorney whose property or interest is affected may appear and present evidence in objection thereto. After said hearing, the commissioners shall make a decision with reference to said improvements in the present interest of the county and the territory to be served. Said decision shall be entered on the minutes of the commissioners and if the construction of the improvements is ordered, the same shall be construed as a public necessity and all matters relating to the construction of the same, and the assessment of costs thereof against the abutting property and the owners thereof shall be determined. Public hearings. Section 6. The commissioners after determining the costs of such street improvements, including the costs of acquiring rights-of-way, if any are to be required and all costs necessary therefor including the cost of engineering, supervision and inspection shall proceed to lay and construct the same either by the county forces or public works department or by contract as in their judgment seems best. How work completed. Section 7. The commissioners after the completion of any construction or maintenance authorized hereunder in any designated area may prescribe regulations for making up of an assessment roll properly describing said improvements and how the owners of the abutting property are to be assessed with the total cost of any given project. In making an assessment against abutting property the same shall be equitable and in proportion to the street frontage to be served by said improvements. Assessments. Section 8. All assessments made hereunder, shall be liens against the property abutting such street, sidewalk or curbing from the date of the adoption of the resolution authorizing such improvements. Liens. Section 9. The commissioners shall provide by regulation Page 2047 for a street improvement docket for the listing of property owners and property and the amounts assessed thereon; and shall have authority to establish by regulation how such assessment may be paid and they may provide that the same be paid in annual installments, not in excess of five years, and said commissioners shall provide by regulation for the due date of such installments and payments and the rate of interest, and shall provide by regulation that execution shall issue for the collection of such assessments, the same to be signed by the Commissioners of Chatham County, Georgia, and ex-officio judges thereof. Said executions shall be issued in the name of Chatham County, and shall be recorded on the general execution docket in the office of the Clerk of the Superior Court of Chatham County and shall be turned over to the sheriff for collection as other fi. fas., and in the event the defendant in fi. fa. shall claim that the amount thereof, or some part of same is not owing, or that the same is proceeding illegally, he may file illegality thereto, and the procedure thereon, in such event shall be the same as provided for illegalities in case of tax fi. fas. Same, dockets, levy, Fi. Fas. Section 10. Any fi. fa. issued hereunder may be transferred or assigned and the property levied upon and sold under the rules governing judicial sales. Fi. fas. transferrable. Section 11. The commissioners shall be authorized to employ such personnel as may be required to carry out the provisions of this Act. Personnel. Section 12. The commissioners shall be authorized to acquire title to any lands or rights-of-way or easements which may be required in the exercise of the powers herein granted either by purchase or condemnation under the power of eminent domain. Eminent domain. Section 13. If any section or portion of this Act be declared unconstitutional the remaining sections or portions hereof shall not be affected thereby and the remaining provisions of the Act shall not be invalidated but shall remain in full force and effect. Page 2048 Section 14. 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. Notice of Local Bill. Notice is hereby given of an intention to apply to the General Assembly of the State of Georgia at its 1958 session for the passage of a local or special bill to be entitled An Act to carry into effect an amendment to the Constitution relating to the authority of Chatham County to construct and maintain streets, sidewalks and curbing, and to levy assessments therefor; to authorize Chatham County and the governing authorities thereof to provide for the construction and maintenance of streets, sidewalks and curbing; to define the authority of the Commissioners of Chatham County under this Act; to provide a procedure for the exercise of powers granted under this Act; to provide for assessments, liens, payments, executions and illegalities under this Act; to provide for the issuance, collection and assignment of fi. fas.; to authorize the employment of personnel to carry out the provisions of this Act; to authorize the governing authorities of Chatham County to provide rules and regulations and to promulgate the same in regard to the construction of streets, sidewalks and curbing; to authorize the exercise of the power of eminent domain; to define certain terms used in this Act; to repeal conflicting laws; and for other purposes. /s/ Lillian E. Grotheer, Clerk, C. C. C. Georgia, County of Fulton. Before me, the undersigned notary public, appeared Frank S. Cheatham, Jr., Edgar P. Eyler and Edward T. Brennan, who upon being sworn, depose and say that they are the authors 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 Page 2049 the Savannah Evening Press, which newspaper is the official organ of Chatham County, Georgia, on December 16, 23, and 30, 1957 and January 6, 1958. /s/ Frank S. Cheatham, Jr., Edgar P. Eyler, Edward T. Brennan. Sworn to and subscribed before me this 13 day of January, 1958. /s/ J. Roy McCracken, Notary Public, Jefferson County, Ga. Approved February 14, 1958. APPOINTMENT OF TAX ASSESSORS IN CERTAIN COUNTIES. No. 11 (House Bill No. 645). An Act to abolish the terms of office of the members of the county board of tax assessors in all counties of this State having a population of not less than 29,050 nor more than 30,275, according to the 1950 United States Census or any future such census; to authorize the governing authorities in such counties to appoint a new board of tax assessors for a term of two years and until their successors are appointed and qualified; to authorize the governing authorities in such counties to appoint successors for a like term; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties in this State having a population of not less than 29,050 nor more than 30,275, according to the 1950 United States Census of any future such census, the terms of the appointed members of the Page 2050 county board of tax assessors are hereby abolished. The governing authorities in all such counties are hereby authorized to appoint a new board of tax assessors for a term of two years and until their successors are appointed and qualified. The governing authorities in all such counties are hereby authorized to appoint successors for a term of two years and until their successors are appointed and qualified. Where applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Baldwin County: Personally appeared before me, the undersigned, Jere N. Moore, editor and publisher of The Union Recorder, who under oath states that the notice of intention to introduce local legislation, of which a copy is attached below, ran in The Union Recorder, the legal organ of Baldwin County, on December 5, 1957; December 12, 1957; and December 19, 1957. /s/ Jere N. Moore, Editor Publisher. This 13 day of January, 1958. /s/ Jere M. Power, Notary Public, Baldwin County. My Commission Expires June 2, 1961. (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to abolish the terms of office of the members of the County board of toax assessors in all counties of this State having a population of not less than 29,050 nor more than 30,275, according to the 1950 United States Census or any future such census; to authorize the governing authorities in such counties to appoint a new board of tax assessors for a term of two years and Page 2051 until their successors are appointed and qualified; to authorize the governing authorities in such counties to appoint successors for a like term; to repeal conflicting laws; and for other purposes. This 4th day of December, 1957. Robert L. Griffith, Representative, Baldwin County. E. Culver Kidd, Representative, Baldwin County. D 5-3tc Approved February 14, 1958. CITY OF ATLANTACHARTER AMENDED. No. 13 (House Bill No. 701). 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. Page 2052 Section 2. The mayor and board of aldermen shall have full power and authority to sell, exchange or otherwise dispose of surplus waterworks property described as follows: Sale of property authorized. All that strip or parcel of land lying and being in land lot 150 of the 17th district of Fulton County, Georgia, more particularly described as follows: A strip of land and fifty-five (55) feet in width lying twenty-five (25) feet on the easterly side of and thirty (30) feet on the westerly side of, parallel with and adjacent to the center line of a proposed spur track as now surveyed and staked out between Huff (formerly Blantown) Road and the rights of way of the Southern Railway Company's industrial spur tracks; said center line of proposed spur track extends southerly from a point on the southeast side of Blandtown Road three hundred seven and seven one-hundredths (307.07) feet northeasterly from the intersection of the southeastern side of Blandtown Road with the east side of Foster Street and ninety-six and two-tenths (96.2) feet easterly from and parallel with the east line of lands conveyed by the grantor herein to the Spencer-Adams Paint Co. by deed dated August 14, 1945, recorded in book 2056, page 313, Fulton County records, a distance of five hundred ninety-two and five-tenths (592.5) feet; thence in a southwesterly direction on a curve to the right, having a radius of three hundred fifty-nine and twenty-seven hundredths (359.27) feet, and tangent to the last mentioned course, a distance of one hundred and eighty-four (184) feet, more or less, to the aforementioned rights of way of the industrial spur tracks; and being more fully shown on plat prepared by Wiedeman and Singleton, Engineers, and dated March 28, 1947. 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. Smith, author of the attached bill, who after being Page 2053 duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality 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 1958 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1958 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 12th day of December, 1957. J. C. Savage, City Attorney, City of Atlanta. Dec 13 20 27 tfn This 16 day of January, 1958. /s/ M. M. Smith. Sworn to and subscribed before me this the 16 day of Jan., 1958. /s/ Janette Hirsch, (Seal) Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. Approved February 14, 1958. Page 2054 CITY OF ELLIJAYCHARTER AMENDED. No. 14 (House Bill No. 710). An Act to amend An Act to incorporate and establish the City of Ellijay in the County of Gilmer, approved August 14, 1909, (Ga. L. 1909, pp. 844 et seq.) and the several Acts amendatory thereof, so as to provide that the Mayor and Aldermen of the City of Ellijay may create the office of recorder; to fix his compensation and term of office; to authorize the consolidation of the offices of clerk and recorder; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is here enacted by authority of same, as follows: Section 1. That the first paragraph of section 19 of said charter of the City of Ellijay, (Ga. L. 1909 p. 855), be amended by striking said first paragraph of section 19 in its entirety and inserting in lieu thereof a new first paragraph in said section 19 which shall read as follows: Section 19. There shall be a city police court, which may sit at any time at the pleasure of the mayor or other presiding officer, and which shall hold regular sessions at such time as may be fixed by ordinance. The mayor shall be presiding officer of said court, and may prescribe rules for the orderly conduct of its business, not in conflict with the laws of the State, or the ordinances of the city. In the event of the absence or disability of any alderman designated by the mayor, the mayor pro tem. shall preside, and while presiding shall be vested with power and authority of the mayor in said court. In addition to the above provisions, the mayor and the board of council of the City of Ellijay may create by ordinance, and elect under the provisions of such ordinance for a term not to exceed the term of the mayor and aldermen, a recorder for the City of Ellijay, a judicial officer to try cases in the police court in lieu of the mayor and other presiding officers designated herein; Page 2055 to fix his salary and compensation and same to be paid in part or in whole from taxes or fines of the City of Ellijay; and the offices of clerk and recorder may be consolidated by ordinance. In the event the office of recorder is created as aforesaid, the recorder shall be vested with the same powers and authorities as are given herein to the mayor and other officers as presiding officer of the city police court, and said recorder shall be paid compensation or salary, same to be paid monthly, to be fixed by ordinance. Said compensation or salary shall not be increased or decreased during his term of office. Before entering upon his duties of office he shall take and subscribe to the following oath, which shall be entered upon the minutes of the board of council, to-wit: I solemnly swear that I will uprightly demean myself as recorder of the City of Ellijay, and that I will faithfully and impartially discharge all the duties incumbent on me as presiding judge of the police court of said city, according to my best ability and understanding, and agreeable to the laws and Constitution of the United States and of the State of Georgia and the charter and ordinances of the City of Ellijay, so help me God. Recorder's Court. 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. Section 3. A copy of the 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. Notice of Intention to Apply for Local Legislation. Georgia, Gilmer County. Notice is hereby given that the undersigned, in response to a request by the Mayor and Council of the City of Ellijay, intend to apply to the General Assembly of Georgia at the January 1958 session thereof, for the passage of a local bill to amend the charter of the City of Ellijay, the title of such bill to be as follows: Page 2056 An Act to amend an act to incorporate and establish the City of Ellijay in the County of Gilmer, to declare the rights, powers and privileges of the same, and for other purposes, approved August 14, 1909, and all acts amendatory thereto, so as the Mayor and Aldermen of the City of Ellijay may create the office of recorder; to authorize the consolidation of the offices of clerk and recorder; and for other purposes. This 9th day of December, 1957. W. L. Harper, Representative. Georgia, Gilmer County. Personally appeared before me, the undersigned, authorized to administer oaths, W. L. Harper, who, on oath, deposes and says that he is Representative from Gilmer County, and that the attached copy of notice of intention to introduce local legislation was published in the Times-Courier, Ellijay, Georgia, the official organ of said county, on the following dates: December 19, 1957, December 26, 1957, January 2, 1958, January 9, 1958 and January 16, 1958. /s/ W. L. Harper, W. L. Harper, Representative Gilmer County, Georgia. Sworn to and subscribed before me, this 20th day of January, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 14, 1958. Page 2057 CITY OF CALHOUNRECORDER'S COURT. No. 15 (House Bill No. 730). An Act to amend an Act creating a new charter for the City of Calhoun, Gordon County, approved August 20, 1918 (Ga. L. 1918, p. 563), as amended, so as to provide for a recorder's court in lieu of the present mayor's court; to provide for the appointment of the recorder to preside over said court by the mayor and aldermen of said city, to provide for the mayor and aldermen to set the salary of said recorder, 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 Calhoun, Gordon County, approved August 20, 1918 (Ga. L. 1918, p. 563), as amended, is hereby amended as follows: Section 2. 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 Calhoun; such court to be called the recorder's court, to be presided over by the Mayor of the City of Calhoun if he deems it to the best interest of the city to do so, however, if the mayor in his sole discretion determines that he does not desire to preside over said court, he shall so advise the council at any special or regular meeting of same at which time 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 Page 2058 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. Section 3. 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 $200.00; 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 4. 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 5. Warrants. The recorder of the City of Calhoun shall be authorized to issue warrants for any offense under any law or ordinance of the City of Calhoun 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 Calhoun, 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 Calhoun, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of the State of Georgia', and any one of said officers shall have authority to execute warrants. Section 6. Witnesses. The recorder, or any authorized Page 2059 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 7. Workgangs . The mayor and councilmen of the City of Calhoun 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 Calhoun, 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 8. Bonds, Appearance, Forfeiture and Cash . Any police officer of the City of Calhoun 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 Calhoun 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 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 least 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 Page 2060 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 Calhoun 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 9. Appeals, Certiorari. Any person convicted before the recorder or other presiding officer of 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 Gordon County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the Page 2061 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 10. 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 11. Conflict of Laws. 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 during the 1958 session of the General Assembly of Georgia, introduce a bill to amend the Charter of the City of Calhoun, so as to provide for a recorder's court in lieu of the present mayor's court; to provide for the appointment of the recorder to preside over the said court by the mayor and aldermen of said city, to provide for the mayor and aldermen to set the salary of said recorder, and for other purposes. /s/ Buford A. Ingle, Buford A. Ingle, Representative, Gordon County. Georgia, Gordon County. The undersigned does hereby certify that he is publisher of the Calhoun Times, a newspaper in which sheriff's advertisements for Gordon County are published, Page 2062 and that an exact copy of the above notice was published in the Calhoun Times on November 28, 1957, December 5, 1957, and January 16, 1958. This 17th day of January, 1958. /s/ James H. Hobgood. Sworn to and subscribed before me, this 17th day of January, 1958. /s/ Harry Lawrence, Notary Public, Gordon County, Georgia. Approved February 14, 1958. ATKINSON COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 16 (House Bill No. 733). An Act to amend an Act creating the office of Tax Commissioner of Atkinson County, approved March 11, 1943 (Ga. L. 1943, p. 827), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2588) so as to change the compensation of said tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Atkinson County, approved March 11, 1943 (Ga. L. 1943, p. 827), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2588) is amended by striking from section 6 thereof the words and figures, one hundred seventy-five ($175.00) dollars, and inserting in lieu thereof the words and figures, two hundred ($200.00) dollars, so that said section, as amended hereby, shall read as follows: Page 2063 Section 6. That from and after the first day of February, 1953, and on the first day of each month thereafter, the Commissioner of Roads and Revenues of Atkinson County shall pay to the tax commissioner by voucher the sum of two hundred ($200.00) dollars per month; and from this sum so received said tax commissioner shall pay all clerical hire and all expenses of the office, except postage, stationery and printing. Compensation. Section 2. This Act shall become effective on the first day of the month following the date that this Act shall be approved by the Governor, or otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. In accordance with the recommendation of the October term of the Atkinson County Grand Jury notice is hereby given that application will be made at the 1958 January session of the General Assembly of Georgia for the passage of a local bill entitled An Act to amend an Act creating the office of Tax Commissioner of Atkinson County, approved March 11, 1943 (Ga. L. 1943, p. 827), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2588) so as to change the compensation of said Tax Commissioner; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1958. Jack J. Helms, Representative Atkinson County, Georgia and Waldo Henderson, Senator 5th Senatorial District of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack J. Helms, who, on oath, deposes and says that he is Representative Page 2064 from Atkinson County, and that the attached copy of notice of intention to introduce local legislation was published in the Atkinson County Citizen and the Pearson Tribune which is the official organ of said county, on the following dates: January 2, January 9, and January 16, 1958. /s/ Jack J. Helms, Representative, Atkinson County. Sworn to and subscribed before me, this 20 day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 14, 1958. CITY OF ELLIJAYCHARTER AMENDED. No. 17 (House Bill No. 711). An Act to amend An Act to incorporate and establish the City of Ellijay in the County of Gilmer, approved August 14, 1909, (Ga. L. 1909, pp. 844 et seq.) and the several Acts amendatory thereof, particularly by an Act approved March 27, 1941, so as to increase the salary of the mayor to $600.00 per annum and to increase the salary of the aldermen to $120.00 per annum, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act to incorporate and establish the City of Ellijay in the County of Gilmer, approved August Page 2065 14, 1909, (Ga. L. 1909, pp. 884 et seq.) and the several Acts amendatory thereof, particularly by an Act approved March 27, 1941, is hereby amended by striking from section 5 of said Act as amended the following, The mayor shall receive such reasonable salary, not more than $250.00 nor less than $120.00 per annum, and inserting in lieu thereof the following, The mayor shall receive such reasonable salary, not more than $600.00 nor less than $250.00 per annum, so that said section 5 as amended shall read as follows: Mayor's salary. Section 5. Elections for mayor and aldermen shall be by a vote of the people, and shall be held on the second Monday of December biennially. The present mayor and aldermen of the City of Ellijay shall continue in office for the term for which they were elected and qualified and until their successors in office are elected and qualified, and biennially on the second Monday in December, a mayor and five aldermen shall be elected and shall enter upon the discharge of their duties upon the first day of January next after the election, unless said day shall be Sunday, and in that event the Monday following. The mayor shall receive such reasonable salary, not more than $600.00 nor less than $250.00 per annum. The board of aldermen shall, at the regular meeting of their body in the month of November preceding the municipal election for mayor and aldermen, fix the salary of the next succeeding mayor, and his salary shall neither be increased nor diminished during the term of office. He shall have authority: (1) To preside over any and all meetings of the board of council, but not to vote therein, except in elections and impeachments. (2) To call special meetings of the board of council whenever he may deem necessary; provided he shall be required to call a meeting of said board of council, whenever three aldermen shall so request in writing. (3) To have the general oversight over all executive officers, employees or servants of the city, and in case Page 2066 of misconduct, or neglect of duty on the part of any such officers, employees or servants, he shall have power to suspend him, pending investigation by the board of council. (4) To preside in the police court of said city, and to exercise all the rights, privileges and powers hereinafter conferred upon the presiding officers of said city. (5) To pardon offenders against the city ordinances, and to suspend, reduce, or vacate any sentence of the police court of the said city, three-fifths of the five aldermen approving such veto, suspension or reduction, whether imposed by himself or the mayor pro tem., or any alderman presiding in said court, under the provision of this Act. (6) To exercise all other powers conferred upon the mayor by this Act or which may hereafter be conferred upon the mayor by ordinance of said board of council, not in conflict with this Act. Section 2. Said Act is further amended by striking from section 7, line 3 of said Act the following, twelve dollars, and inserting in lieu thereof the following, one hundred twenty dollars, so that said section 7 as amended shall read as follows: The board of council shall have the right to fix such salaries for the aldermen as it shall see fit, not to exceed the sum of one hundred twenty dollars each per annum, which salary shall not be increased or diminished during their continuance in office. Said salaries to be fixed at a regular meeting in the month of November preceding each election. The board of council shall be further authorized to employ such help as may be necessary to the proper conduct of the several city enterprises, and who shall receive such compensation as may be fixed by the board of council, who shall be subject to removal without notice, and to employ and appoint such other officers as may be hereafter provided, or as the city council may see fit. Salary of aldermen. Page 2067 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. Conflicting laws. Section 4. A copy of the 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. Notice of Intention to Apply for Local Legislation. Georgia, Gilmer County. Notice is hereby given that the City of Ellijay intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, to amend the charter of the City of Ellijay, the title of such bill or bills to be as follows: An Act to amend an act to incorporate and establish the City of Ellijay in the County of Gilmer; to declare the rights, powers and privileges of said corporation, and for other purposes, approved August 14, 1909, and all acts amendatory thereto, so as to increase the salary of the mayor to six hundred dollars per annum and to increase the salary of the aldermen to one hundred twenty dollars per annum, and for other purposes. This 9th day of December, 1957. W. L. Harper, Representative, Gilmer Co. Georgia, Gilmer County. Personally appeared before me, the undersigned, authorized to administer oaths, W. L. Harper, who, on oath, deposes and says that he is Representative from Gilmer County, and that the attached copy of notice of intention to introduce local legislation was published in the Times-Courier, Ellijay, Georgia, the official organ of said county, on the following dates: December 19, 1957, December 26, 1957, January 2, 1958, January 9, 1958 Page 2068 and January 16, 1958. /s/ W. L. Harper, W. L. Harper, Representative Gilmer County, Georgia. Sworn to and subscribed before me, this 20th day of January, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 14, 1958. GILMER COUNTYTERMS OF COMMISSIONERS. No. 18 (House Bill No. 666). An Act to amend an Act creating the office of County Commissioner of Gilmer County and creating an advisory board of said county, approved February 23, 1943 (Ga. L. 1943, p. 1021), as amended, so as to provide for a two-year term for the commissioner and the advisory board, beginning January 1, 1959, and four-year terms thereafter; 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 Commissioner of Gilmer County and creating an advisory board of said county, approved February 23, 1943 (Ga. L. 1943, p. 1021), 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. Be it enacted by the General Assembly of Georgia that at the general election in 1958, the County Commissioner of Gilmer County shall be elected Page 2069 for a term of two years, beginning January 1, 1959. At the general election in 1960 and at the general election each four years thereafter, the commissioner shall be elected for a term of four years and each term shall begin on the first day of January following the election. Term of County Commissioner. Section 2. Said Act, as amended, 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. Be it further enacted by the General Assembly of Georgia that at the general election in 1958, the two commissioners constituting the advisory board of Gilmer County shall be elected for terms of two years, beginning January 1, 1959. At the general election in 1960 and at the general election each four years thereafter, the two commissioners constituting the advisory board of Gilmer County shall be elected for terms of four years and each term shall begin on the first day of January following the election. Any vacancy which shall occur in the office of either of the commissioners constituting the advisory board shall be filled by appointment of the Ordinary of Gilmer County for the unexpired term. Terms of members of Advisory Board. 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 1958 session of the General Assembly of Georgia, a bill to amend an Act creating the office of County Commissioner of Gilmer County and creating an advisory board of said county, approved February 23, 1943 (Ga. L. 1943, p. 1021), as amended, so as to provide for a two-year term for the commissioner and the advisory board, beginning January 1, 1959, and four-year terms thereafter; and for other purposes. This 16 day of Dec., 1957. W. L. Harper, Representative, Gilmer Co. Page 2070 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. L. Harper, who, on oath, deposes and says that he is Representative from Gilmer County, and that the attached copy of notice of intention to introduce local legislation was published in the Times-Courier which is the official organ of said county, on the following dates: December 19, 1957, January 2, 1958 and January 9, 1958. /s/ W. L. Harper, Representative, Gilmer County. Sworn to and subscribed before me, this 15 day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 14, 1958. ATKINSON COUNTYCOMPENSATION OF COMMISSIONER. No. 19 (House Bill No. 732). An Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 236), so as to change the compensation 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 in the County of Atkinson, Page 2071 approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 236) is amended by striking from section 6 thereof the figure, $1800.00, and inserting in lieu thereof the figure, $2400.00, so that said section as amended hereby, shall read as follows: Section 6. The salary of the Commissioner of Roads and Revenues of Atkinson County shall be $2400.00 per annum, payable monthly, and the advisors to said commissioner shall each receive a salary of $180.00 per annum, payable monthly. The Commissioner of Roads and Revenues of Atkinson County shall also receive five cents per mile for traveling and maintenance expenses when on official business for the county outside of Atkinson County. No other additional compensation or other form of remuneration shall be paid to said commissioner or his advisors, and each shall pay his expenses out of his own salary other than the commissioner when he is traveling on official business for the County of Atkinson or outside of said 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, Jack J. Helms, who, on oath, deposes and says that he is Representative from Atkinson County, and that the attached copy of notice of intention to introduce local legislation was published in the Atkinson County Citizen and the Pearson Tribune which is the official organ of said county, on the following dates: January 2, January 9, and January 16, 1958. /s/ Jack J. Helms, Representative, Atkinson County. Page 2072 Sworn to and subscribed before me, this 20 day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) In accordance with the recommendation of the October term of the Atkinson County Grand Jury notice is hereby given that application will be made at the 1958 January session of the General Assembly of Georgia for the passage of a local bill entitled An Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 236), so as to change the compensation of said commissioner; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1958. Jack J. Helms, Representative Atkinson County, Georgia and Waldo Henderson, Senator 5th Senatorial District of Georgia. Approved February 14, 1958. MURRAY COUNTYCLERK OF BOARD OF ROADS AND REVENUES. No. 20 (House Bill No. 651). An Act to amend an Act creating the Board of Roads and Revnues of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved February 17, 1950 (Ga. L. 1950, p. 2820), so as to change the provisions relating to the Page 2073 clerk of the Board of Roads and Revenues of Murray County; 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 Roads and Revenues of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved February 17, 1950 (Ga. L. 1950, p. 2820), is hereby amended by striking the first sentence of section 8 of said Act and by substituting in lieu thereof the sentence, The Board of Roads and Revenues of Murray County are hereby authorized to employ a clerk for said Board of Roads and Revenues and set his compensation, so that section 8 of said Act, as amended hereby, shall read as follows: Section 8. The Board of Roads and Revenues of Murray County are hereby authorized to employ a clerk for said Board of Roads and Revenues and set his compensation. It shall be the duty of said clerk to attend all meetings of the board and to keep in well bound books, to be provided by the board at the expense of the county, full and accurate records and minutes of all proceedings and transactions of said board, and a book showing itemized accounts of all receipts and disbursements, to file in order of their dates all original bills and statements and claims rendered against the county, showing the approval for payment by the board of roads and revenues, and to arrange and file any orders, petitions, applications, and other papers addressed to and belonging to the board, and to issue and sign as clerk all checks or warrants against the county funds and in the depository of county funds, in payment of approved bills and statements of monies due by said county, and all checks or warrants so issued and signed must be countersigned by the chairman of said board, which checks or warrants shall be numbered and stubbed and show for what purpose drawn, and recorded in proper disbursement docket. All books, papers, letters, and documents showing the disbursement of any funds and the various transactions of Page 2074 the board shall be kept by the clerk of said board in the office of said clerk at the courthouse in Murray County, and be subject to examination and inspection by any taxpayer at any time. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, session of the General Assembly of Georgia a local bill to give the Murray County Commissioner of Roads and Revenues authority to hire a clerk for his office. Fred F. Long, Representative, Murray Co. 3tc 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 Chatsworth Times which is the official organ of said county, on the following dates: December 19, 1957, December 26, 1957 and January 1, 1958. /s/ Fred F. Long, Representative, Murray County. Sworn to and subscribed before me, this 14 day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 14, 1958. Page 2075 CITY COURT OF LEESBURGQUALIFICATIONS OF JUDGE AND SOLICITOR. No. 21 (House Bill No. 632). An Act to amend an Act establishing a City Court of Leesburg, approved August 21, 1905 (Ga. L. 1905, p. 266) as amended, more particularly as amended by Acts approved August 21, 1906 (Ga. L. 1906, p. 253) and August 9, 1911 (Ga. L. 1911, p. 274), so as to delete therefrom the requirement that the judge and solicitor of said court have any stated number of years of experience, and by substituting in lieu thereof the requirement that such officers have been admitted to practice law before the courts of this State, previous to their election; 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 Leesburg, approved August 21, 1905 (Ga. L. 1905, p. 266) as amended, more particularly as amended by Acts approved August 21, 1906 (Ga. L. 1906, p. 253) and August 9, 1911 (Ga. L. 1911, p. 274) is hereby amended by striking from section 5 thereof, relating to the qualifications and oath of the judge of said court, the words and he must have been a practicing attorney at least four (4) years previous to his appointment, and by substituting in lieu thereof the words and must have been admitted to practice law before the courts of this state previous to his election, so that said section, as so amended shall read as follows: Sec. 5. Be it further enacted, that any person who shall be elected judge of said city court must at the time of said election be at least twenty-seven years of age, and must have been a resident of Lee County at least two years immediately preceding his election, and must have been admitted to practice law before the courts of this state previous to his election, and he shall before entering upon the discharge of his duties take and subscribe the following oath: `I do solemnly swear that I will administer justice without respect to persons, and do equal right to the rich and poor, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Leesburg, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God.' And said oath shall be immediately forwarded to the Governor and filed in the executive department. He shall have authority to issue criminal warrants, to dispossess tenants holding over and intruders, to issue distress warrants, and generally do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. Page 2076 Section 2. Section 6 of said Act, relating to the appointment and qualifications of the solicitor of said Court, is hereby amended by striking therefrom the words and must have been a practicing attorney at least one and one-half years next prior to his election, and by substituting in lieu thereof the words, and must have been admitted to practice law before the courts of this state previous to his election, so that said section when so amended, shall read as follows: Section 6. Be it further enacted, that there shall be a Solicitor-General of said City Court of Leesburg, who shall be elected by the qualified voters of said county of Lee, in the same manner as the Judge of the City Court is elected, commencing with the general election to be held in 1908, for the term commencing January the first, 1910, said solicitor until said election, to be appointed as heretofore, whose term of office shall be two years, and all vacancies shall be filed in like manner as vacancies in the office of Judge. He must be at least twenty-three years of age, and must have been admitted to practice law before the courts of this state previous to his election, and a resident of Lee county for one year. He shall prosecute all offenses cognizant before the court, and shall represent the State in each case carried Page 2077 to the Superior Court from said City Court. He shall draw all accusations for the trial of offenses in said City Court. He shall receive a compensation to be fixed by the grand jury of said county, and if fees are allowed him he shall receive from the fine and forfeiture fund of said court similar fees as are allowed the Solicitor of the Superior Court for like services, which shall be paid and distributed according to law appertaining to the Superior Court, as to solvent and insolvent costs, and if his compensation is a fixed salary it is to be drawn from the treasury of Lee County in like manner as the salary of the judge of said court is fixed and drawn; provided, that in his absence or disqualification the judge of said city court shall appoint a Solicitor pro tem. Solicitor's qualifications. Section 3. That all laws and parts of law in conflict with this Act be, and the same are hereby repealed. Notice of Intention to File Local Legislation. To the People of Lee County, Georgia. You are hereby notified that it is my intention as Lee County Representative to introduce a bill in the January session of the General Assembly of Georgia to provide for the qualifications of the Judge of the City Court of Leesburg and the solicitor of said court, and for other purposes. This 16th day of December, 1957. H. G. Hall, Representative Lee County, Georgia. Dec. 20, 27, and Jan. 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. G. Hall, who, on oath, deposes and says that he is Representative from Lee County, and that the attached copy of notice Page 2078 of intention to introduce local legislation was published in The Lee County Journal which is the official organ of said county, on the following dates: Dec. 20, 27, 1957 and Jan. 3, 1958. /s/ H. G. Hall, Representative, Lee County. Sworn to and subscribed before me, this 13 day of January, 1958. /s/ Frances Y. Read, Notary Public, Fulton County. Approved February 14, 1958. CALHOUN COUNTYCOMPENSATION OF COMMISSIONERS. No. 22 (House Bill No. 724). An Act to amend an Act relating to the Commissioners of Roads and Revenues for the County of Calhoun, approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 836) and an Act approved February 13, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2194), so as to change the compensation of the Commissioners of Calhoun 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 Commissioners of Roads and Revenues for the County of Calhoun, approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 836) and an Act approved February 13, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2194) is amended by striking therefrom section 10 in its entirety and inserting in lieu thereof a new section 10 which shall read as follows: Page 2079 Section 10. Be it further enacted by the authority aforesaid, that each of the said commissioners shall be paid the sum of twenty-five ($25.00) dollars per month and the travel expenses incurred while in the discharge of their duties. Each of said commissioners shall also be exempt from road, jury and militia duty. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Calhoun County. Notice is hereby given that I will introduce at the January, 1958, session of the General Assembly of Georgia a local bill to fix the salary of each county commissioner at $25.00 per month, and all travel expenses of each commissioner while in the discharge of his official duties out of Calhoun County. This December 23rd, 1957. J. Martin Cowart, Representative, Calhoun County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Martin Cowart, who, on oath, deposes and says that he is Representative from Calhoun County, and that the attached copy of notice of intention to introduce local legislation was published in the Calhoun County News which is the official organ of said county, on the following dates: December 27, 1957, January 2, 1958 and January 9, 1958. /s/ J. M. Cowart, Representative, Calhoun County. Page 2080 Sworn to and subscribed before me, this 14th day of January, 1958. /s/ John Tye Ferguson, Notary Public. My Commission Expires October 10, 1961. (Seal) Approved February 14, 1958. COUNTY COURT OF CLINCHCOMPENSATION OF JUDGE AND SOLICITOR. No. 23 (House Bill No. 658). An Act to amend an Act creating and establishing the County Court of Clinch in and for the County of Clinch, approved January 29, 1943 (Ga. L. 1943, p. 731), as amended by an Act approved February 22, 1943 (Ga. L. 1943, p. 746), an Act approved March 2, 1945 (Ga. L. 1945, p. 829) and an Act approved January 30, 1946 (Ga. L. 1946, p. 304), so as to change the compensation of the judge and the 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 and establishing the County Court of Clinch in and for the County of Clinch, approved January 29, 1943 (Ga. L. 1943, p. 731), as amended by an Act approved February 22, 1943 (Ga. L. 1943, p. 746), an Act approved March 2, 1945 (Ga. L. 1945, p. 829) and an Act approved January 30, 1946 (Ga. L. 1946, p. 304), is hereby amended by striking from section 10 the words and figure six hundred dollars ($600.00) and by substituting in lieu thereof the words and figure twelve hundred dollars ($1200.00), so that said section as amended hereby shall read as follows: Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said county court Page 2081 who shall be elected by the qualified voters of Clinch County and commissioned by the Governor who shall hold his office for a period of 4 years and thereafter until his successor is qualified, and in case of a vacancy the said office of this vacancy shall be filled by the appointment of the Governor for the unexpired term. The judge of the said county court shall receive a salary of twelve hundred dollars ($1200.00) per annum, which shall be paid monthly by the clerk of the board of commissions or other person or persons who are now or may hereafter be charged by law with the paying out of money of the County of Clinch. And it shall be the duty of the commissioners of roads and revenue of said county, or other proper officer, to make provisions 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. Judge's compensation. Section 2. Said Act is further amended by striking from section 14 the words and figure fifty ($50.00) dollars and by substituting in lieu thereof the words and figure one hundred dollars ($100.00), so that said section as amended hereby shall read as follows: Section 14. Be it further enacted by the authority aforesaid, that there shall be a Solicitor of said County Court of Clinch County elected and commissioned in the same manner provided for election of the judge of 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 fee for all other services rendered shall be the same as allowed Solicitors General of the Superior Courts; but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of one hundred dollars ($100.00) per month, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said county court shall for his services in the Supreme and the 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 Page 2082 paid for like services rendered in said courts. In any case of a vacancy in the office of Solicitor of the County Court of Clinch County (voluntary or involuntary) it shall be filled for the entire unexpired term by the County Commissioners of Clinch County, Georgia. Solicitor's compensation. The Solicitor of the County Court of Clinch shall be a person 21 years of age, a duly licensed practicing attorney, and a bona fide resident of the County of Clinch. Before being eligible to fill the office of Solicitor of the County Court of Clinch County, the person seeking the office must have been a resident of Clinch County for twelve months and must remain a resident of Clinch County during his tenure of office. 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 1958 session of the General Assembly of Georgia, a bill to change the compensation of the Judge and Solicitor of the County Court of Clinch; and for other purposes. This 23 day of December, 1957. Downing Musgrove, Representative, Clinch County. (Adv.) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Downing Musgrove, who, on oath, deposes and says that he is Representative from Clinch County, and that the attached copy of notice of intention to introduce local legislation was published in the Clinch County News which is the Page 2083 official organ of said county, on the following dates: December 27, 1957, January 3, 1958 and January 10, 1958. /s/ Downing Musgrove, Representative, Clinch County. Sworn to and subscribed before me, this 14 day of Jan., 1958. /s/ W.S.Moorman, Notary Public. Approved February 14, 1958. SUMTER COUNTYEMPLOYEES' PENSION PLAN AMENDED. No. 24 (House Bill No. 741). An Act to repeal an Act entitled Sumter County Employees Pension System and Fund, which provides for a permanent pension fund for present and future employees, out of which shall be paid permanent retirement pensions, death and disability benefits, approved February 25, 1949, (Ga. L. 1949, pp. 1768 to 1773), so as to provide for participation by present and future employees, within the manner of said pension act and within the meaning of Chapter 99-19 of Georgia Code (1933, Annotated) in social security benefits pursuant to the Social Security Act; to provide for the transfer of said pension funds for social security benefits upon execution of contract between the county and appropriate governmental agency; to provide for the continuation of retirement benefits now being received by employees who have retired pursuant to the provisions of said pension plan; to authorize the Commissioners of Roads and Revenues of Sumter County to use such portion of license tax as it deems necessary and advisable for the purpose of continuing benefit payments to retired employees pursuant to provisions of said pension plan and who retired prior to the repeal of said pension plan; to provide for the effective date of repeal of said pension system and fund; and to repeal conflicting laws; and for other purposes. Page 2084 Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. An Act entitled An Act Creating Sumter County Employees' Pension System and Fund, which provides for a permanent pension fund for present and future employees, out of which shall be paid permanent retirement pension, death and disability benefits and approved February 25, 1949 (Ga. L. 1949, pp. 1768 to 1773) is hereby repealed in its entirety and repeal to become effective on date hereinafter provided. Repeal of prior Act. Section 2. The Commissioners of Roads and Revenues of Sumter County are hereby authorized to make and enter into contracts with State and/or Federal Government or its agencies for the purpose of providing for the Social Security benefits for its employees, since its employees have approved and adopted, in writing and by an election held according to law, the Social Security program as provided by law. Social security. Section 3. All Pension System Funds that shall be required shall be transferred by the Pension Fund Trustees and the Commissioners of Roads and Revenues of Sumter County to the appropriate State and/or Federal Agency as provided by Social Security Act and contract made pursuant thereto; however, under no circumstances shall said pension fund be so transferred until the actual execution of the necessary contracts between interested parties, as provided by law. Transfer of funds. Section 4. All employees who have retired pursuant to the Pension System and Fund (Ga. L. 1949, pp. 1767 to 1773) and prior to the effective date of the repeal of said Act shall continue to receive as provided by aforesaid Act retirement benefits and said retirement payments shall continue until legally terminated as provided in said Act. Retired employees. Page 2085 Section 5. The Commissioners of Roads and Revenues of Sumter County are hereby authorized to use such portion of its license taxes or fees as it deems necessary and advisable to continue payments to employees who have retired pursuant to the provisions of its Pension System (Act of 1949 herein referred to) and to continue to use such portions of its license taxes and fees for such purposes until all payments to all retired employees, as defined in section IV hereof shall have terminated. Upon termination of all such monthly benefits said diversion and use of its license taxes and fees for such purposes shall immediately cease. License taxes. The Commissioners of Roads and Revenues are hereby authorized to set aside such portion of its license taxes and fees upon passage of this Act and approval by the Governor in order to build up and maintain an adequate fund for such purposes. Any such fund so identified and not used for any reason shall be disposed of in the manner provided by law. Section 6. In the event any sections or parts of this Act shall be held unconstitutional or invalid, such decision shall affect only the sections or parts so declared and shall not affect any other sections or parts. Section 7. All laws or parts of laws in conflict with this Act are hereby repealed. GeorgiaSumter County: Personally came before the undersigned officer, James R. Blair, who, after being duly sworn on oath deposes and says that he is owner and publisher of the Americus Times Recorder, the newspaper published and having general circulation in the County of Sumter and the State of Georgia and being the newspaper in which the sheriff's advertisements for said county are published and that the attached notice of intention to ask for local legislation was published in said newspaper on December 20 and 27, 1957 and January 3, 1958. /s/ James R. Blair (L.S.) Owner and Publisher. Page 2086 Sworn to and subscribed before me, this the 6th day of January, 1958. /s/ A. Sullivan, Notary Public, Sumter County, Georgia. (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given by the undersigned, at the specific request of the duly elected officials of Sumter County, to introduce at the January 1958 session of the General Assembly, a local bill, the caption of which is as follows: An Act entitled an Act to repeal an Act entitled `Sumter County Employees Pension System and Fund', which provides for a permanent pension fund for present and future employees, out of which shall be paid permanent retirement pensions, death and disability benefits, approved February 25, 1949, (Ga. L. 1949, pp. 1768 to 1773), so as to provide for participation by present and future employees, within the manner of said pension act and within the meaning of Chapter 99-19 of Georgia Code (1933, Annotated) in social security benefits pursuant to the Social Security Act; to provide for the transfer of said pension funds for social security benefits upon execution of contract between the county and appropriate governmental agency; to provide for the continuation of retirement benefits now being received by employees who have retired pursuant to the provisions of said pension plan; to authorize the Commissioners of Roads and Revenues of Sumter County to use such portion of license tax as it deems necessary and advisable for the purpose of continuing benefit payments to retire employees pursuant to provisions of said pension plan and who retired prior to the repeal of said pension plan; to provide for the effective date of repeal of said pension system and fund; and to repeal conflicting laws; and for other purposes. This advertisement will appear in the following editions Page 2087 of the Americus Times Recorder, December 20 and 27, 1957 and January 3. 1958. This December 18, 1957. Board of Commissioners of Roads and Revenues, Sumter County, Georgia By /s/ Hollis Fort, Jr., County Attorney. Legal No. 4823 Notice of Intention to Introduce Local Legislation Notice is hereby given by the undersigned, at the specific request of the duly elected officials of Sumter County, to introduce at the January 1958 session of the General Assembly, a local bill, the caption of which is as follows: An Act entitled an Act to repeal an Act entitled `Sumter County Employees Pension System and Fund', which provides for a permanent pension fund for present and future employees, out of which shall be paid permanent retirement pensions, death and disability benefits, approved February 25, 1949, (Ga. L. 1949, pp. 1768 to 1773), so as to provide for participation by present and future employees, within the manner of said pension act and within the meaning of Chapter 99-19 of Georgia Code (1933, Annotated) in social security benefits pursuant to the Social Security Act; to provide for the transfer of said pension funds for social security benefits upon execution of contract between the county and appropriate governmental agency; to provide for the continuation of retirement benefits now being received by employees who have retired pursuant to the provisions of said pension plan; to authorize the Commissioners of Roads and Revenues of Sumter County to use such portion of license tax as it deems necessary and advisable for the purpose of continuing benefit payments to retire employees pursuant to provisions of said pension plan and who retired prior to the repeal of said pension plan; to provide for the effective date of repeal of said pension system and fund; and to repeal conflicting laws; and for other purposes. Page 2088 This advertisement will appear in the following editions of the Americus Times-Recorder, December 20 and 27, 1957 and January 3, 1958. This December 18, 1957. Board of Commissioners of Roads and Revenues, Sumter County, Georgia By /s/ Hollis Fort, Jr., County Attorney. Approved February 14, 1958. CITY OF CHATSWORTHCHARTER AMENDED No. 25 (House Bill No. 652). An Act to amend the charter of the City of Chatsworth, in the County of Murray, approved August 18, 1923 (Ga. L. 1923, pp. 259 et seq.) and all Acts amendatory thereto, to provide that the corporate powers of said city shall be vested in and exercised by a mayor and four aldermen, under said name, style, and title of the City of Chatsworth, to define the intent of said Act of August 18, 1923, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 1 of the charter of the City of Chatsworth, in the County of Murray, approved August 18, 1923 (Ga. L. 1923, pp. 529 et seq.) be amended by striking the last sentence in said section and inserting in lieu thereof the following sentence, The corporate powers of said city shall be vested in and exercised by a mayor and four aldermen, under said name, style Page 2089 and title of the `City of Chatsworth' so that said section, as amended, will read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the City of Chatsworth, in the County of Murray, be, and the same is hereby incorporated under the name, style and title of the city of Chatsworth and by that name may be sued, plead and be impleaded; have and use a common seal; made a body politic; shall have perpetual succession; be capable of contracting and being contracted with; shall have power to purchase, lease, hold, receive, enjoy, possess and retain any estate or estates, both real and personal, of whatever kind and name, within its corporate limits necessary for its purposes, and may sell lease or convey the same and have other powers as are usually granted to municipal corporations not inconsistent with the laws of this State. They corporate powers of said city shall be vested in and exercised by a mayor and four aldermen, under said name, style and title of the City of Chatsworth. Corporate powers. Section 2. It is the intent and purpose of this Act to make clear that the corporate powers of said city are and were by said Act of August 18, 1923 vested in and to be exercised by a mayor and four aldermen. Said Act of August 18, 1923 shall be so construed, and shall not be construed as requiring or authorizing five aldermen for said City of Chatsworth. Intent. 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. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, session of the General Assembly of Georgia a local bill to be entitled: An act to amend the charter of the City of Chatsworth, approved August 18, 1923 (Ga. L. 1923, pp. 529 et seq.), and all acts Page 2090 amendatory thereto, to provide that the corporate powers of said City shall be vested in and exercised by a mayor and four aldermen, under said name, style, and title of the `City of Chatsworth,' and for other purposes. This 3rd day of December, 1957. Fred F. Long, Representative, Murray County. 12-5-5tc* 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 Chatsworth Times which is the official organ of said county, on the following dates: December 5, 1957, December 12, 1957, December 19, and December 26, 1957. /s/ Fred F. Long, Representative, Murray County. Sworn to and subscribed before me, this 14 day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 14, 1958. Page 2091 WILKES COUNTYBOARD OF COMMISSIONERS. No. 27 (House Bill No. 649). An Act to amend an Act establishing a Board of Commissioners of Roads and Revenues of Wilkes County, approved August 4, 1917 (Ga. L. 1917, p. 436), as amended, so as to provide for the election of four of the members of the board from commissioner districts by the people in lieu of the Grand Jury electing such four members; to provide for the division of Wilkes County into four commissioner districts; to provide that the chairman shall be elected from the county at large; to provide for filling vacancies; to provide for a special election; to provide for a referendum; 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. An Act establishing a Board of Commissioners of Roads and Revenues of Wilkes County, approved August 4, 1917 (Ga. L. 1917, p. 436), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The chairman of the board shall be elected by the voters of the entire county and he may reside in any district in the county. His term of office shall be for four years and until his successor is elected and qualified. The chairman shall be elected every four years at the same time as election for members of the General Assembly from Wilkes County are held. The chairman's term shall correspond with terms of the other members of the board of commissioners. It shall be the duty of the chairman to preside at all meetings of the board, to approve and sign the minutes of each meeting and to issue and sign, as chairman, all orders and processes of said board and all warrants against the county treasury. The chairman shall be the general executive officer and head of the board, and is charged with the duty of seeing that all its orders and directions are carried out and that all agents, employees and officials serving under said board shall perform their duties and carry out the instructions imposed upon them by the board. Page 2092 Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. For the purpose of electing the remaining four members of the Board, Wilkes County is hereby divided into four Commissioner Districts. Commissioner District No. 1 shall be composed of militia district #164 (Town). Commissioner districts. Commissioner District No. 2 shall be composed of militia district #175 (Upton), militia district #177 (Bussey), militia district #174 (Mackasookee), and militia district #176 (Pento). Commissioner District No. 3 shall be composed of militia district #169 (Tyrone), militia district #171 (Irvin), militia district #168 (Donegal), militia district #166 (Derbyshire), and militia district #165 (Newtown). Commissioner District No. 4, shall be composed of militia district #167 (Mallorys), militia district #181 (Broad River), militia district #180 (Goose Nest), militia district #178 (Jenkins), and militia district #179 (Anderson). Any person, in order to be eligible for membership on the board to represent a Commissioner District, must reside in the district which he represents, and each member from a Commissioner District shall be voted on and elected only by the voters of his own district. When offering as a candidate for election to the board, a candidate must designate whether he is offering as a candidate from a district or as chairman. Elections. Page 2093 If the provisions contained herein are adopted in a referendum election, it shall be the duty of the Ordinary of Wilkes County to issue the call for an election, which call shall be issued at least 10 days prior to the date of such election. The ordinary shall set the date for such election for either December 15, 16, 17, 18, 19, or 20, 1958. In the event that a constitutional amendment providing for the election of members for the Board of Education of Wilkes County is ratified, the date of the election for commissioners under this Act shall be set on the same date as the election for members of the Board of Education is set, pursuant to such constitutional amendment. The election provided for herein shall be for the purpose of electing the first members of the Board of Commissioners of Wilkes County as provided herein, and it shall be the duty of the ordinary to publish the date of the election and the purpose thereof at least once preceding the date of the election in the official organ of Wilkes County. The members elected at such election shall take office January 1, 1959 and shall serve for a term of four years and until their successors are elected and qualified. Future elections shall be held every four years at the same time as elections for members of the General Assembly from Wilkes County are held, and the members elected shall take office on the 1st day of January immediately following their election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified. Section 3. Said Act is further amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. Should a vacancy occur on the board for any reason other than the expiration of a term of office, the remaining members of the board shall select a person to serve the unexpired term. In the event the vacancy occurs in the office of a member who is representing a Commissioner District, the person who is selected to fill such vacancy shall reside in such district. Vacancies. Page 2094 Section 4. Not less than six nor more than eight months 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 Wilkes County to issue the call for an election for the purpose of submitting this Act to the voters of this county for approval or rejection. The ordinary shall set the date of such election on the same day as the general election is held in November of 1958. 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 Wilkes County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act providing for the election of four members of the Board of Commissioners of Wilkes County by Commissioner Districts. Against approval of the Act providing for the election of four members of the Board of Commissioners of Wilkes County by Commissioner Districts. 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, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Wilkes County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. 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 5. Inasmuch as the Chairman of the Board of Commissioners is now elected, the person who is elected chairman at the general election in 1958 shall serve the Page 2095 regular four-year term, beginning January 1, 1959, and it shall not be necessary to elect a chairman at the special election provided for in this Act. At future elections, the chairman shall be elected at the same time as the other members of the board. The present members of the commission who have been elected by the Grand Jury shall serve through December 31, 1958. Chairman. Section 6. 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 1958 session of the General Assembly of Georgia, a bill to amend an Act approved August 4, 1917 (Ga. L. 1917, pp. 436-440) to provide for the election of four members of the County Board of Commissioners by districts; to provide that the first members shall take office January 1, 1959; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 17th day of Dec., 1957. Wilbur A. Orr, Jr., Representative, Wilkes County. 12-19-3300 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilbur A. Orr, Jr., who, on oath, deposes and says that he is Representative from Wilkes County, and that the attached copy of notice of intention to introduce local legislation was published in the News-Reporter which is the official organ of said county, on the following dates: December 19, 1957, December 26, 1957 and January 2, 1958. /s/ Wilbur A. Orr, Jr., Representative, Wilkes County. Page 2096 Sworn to and subscribed before me, this 14 day of January, 1958. /s/ Frank H. Edwards, Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. (Seal) Approved February 14, 1958. WALTON COUNTYBOARD OF COMMISSIONERS. No. 28 (House Bill No. 633). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Walton County, approved October 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved March 6, 1939 (Ga. L 1939, p. 765), an Act approved January 25, 1945 (Ga. L. 1945, p. 505), an Act approved February 1, 1951 (Ga. L. 1951, p. 2203), and an Act approved March 7, 1955 (Ga. L. 1955, p. 2904), so as to change the compensation of the chairman and members of the board of commissioners; to authorize the payment of actual expenses to the chairman while on business of the county outside the county; to provide that the compensation of the clerk of the board shall be fixed by the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues of Walton County, approved October 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved March 6, 1939 (Ga. L. 1939, p. 765), an Act approved January 25, 1945 (Ga. L. 1945, p. 505), an Act approved February 1, 1951 (Ga. L. 1951, p. 2203), and an Act approved March 7, 1955 (Ga. L. 1955, p. 2904), is hereby amended by striking from section 7, the first sentence as follows: Page 2097 The commissioners shall elect some competent person as clerk and fix his salary not to exceed one hundred and fifty dollars per month, said clerk not to be related to either of said commissioners within the third degree of consanguinity of affinity. Clerk. And inserting in lieu thereof the following: The commissioners shall elect some competent person as clerk and fix his compensation, which shall be paid in equal monthly installments. No person who is related to either of said commissioners within the third degree of consanguinity or affinity shall be employed as clerk. So that when so amended, section 7 shall read as follows: Section 7. The commissioners shall elect some competent person as clerk and fix his compensation, which shall be paid in equal monthly installments. No person who is related to either of said commissioners within the third degree of consanguinity or affinity shall be employed as clerk. Said clerk shall be required to take and subscribe to an oath to honestly and faithfully discharge the duties of his office, and shall also be required to give a good solvent bond to be approved by a majority of said commissioners in the sum of one thousand dollars, payable to the ordinary of said county. The board shall have the right to discharge said clerk at any time and elect a successor. It shall be the duty of said clerk to keep a book of inventory of all county property including road machinery, live stock, chain-gang outfits, road-work tools, and every other kind and class of property belonging to said county, with a fair valuation of the same, where located, in whose custody and in what condition; and he shall carefully revise such inventory each year. He shall also attend all sessions of the board and shall keep an accurate record of the actings and doings of said board in a well-bound book to be provided at the expense of the county; and said clerk shall keep such other books and records as may be necessary, or as the board may want, and shall perform generally all and Page 2098 singular the acts and duties necessary to be performed by him as such clerk. Section 2. Said Act, as amended, is further amended by striking from section 14 the words thirty-six hundred dollars and inserting in lieu thereof the words forty-eight hundred dollars, and by striking the words two hundred and fifty dollars and inserting in lieu thereof the words three hundred dollars, so that when so amended, section 14 shall read as follows: Section 14. Be it further enacted by the authority aforesaid that the chairman of said board shall receive as his compensation the sum of forty-eight hundred dollars per annum, payable monthly out of the county funds on his own warrant signed also by the clerk of said board. The four other members of said board shall receive as their compensation the sum of three hundred dollars per year each, payable monthly out of the county funds on the warrant of the chairman of said board signed also by the clerk of said board. The chairman shall give his whole time and attention to the business of said county and shall keep his office in the court house in the City of Monroe. All powers to purchase and contract shall vest in the full five (5) man board. All contracts shall be approved and signed by a majority vote of said board before they are entered into, and all purchases over or as much as five hundred ($500.00) dollars shall be approved by a majority vote of said board before said purchase is made (the sum of $500.00 being the total consideration involved, including trade-ins). The full board is hereby vested with complete authority and control over all county matters. The chairman shall bring all matters pertaining to the duties of the board to the attention of the board at its regular meeting each month and he shall perform the duties of the board as directed by a majority vote of said board. On all matters not discussed and voted on at the regular meeting of the board each month, and matters arising during the interim between the dates that the board meets, it shall be the duty of the chairman to contact a majority of said board and get their approval, in writing, and the same shall be Page 2099 entered upon the minutes of said board. The chairman shall superintend all the work done by said county whether under contract or by hired labor. Custody and control over all county property is hereby vested in the full five (5) man board and it shall be used as directed by a majority vote of said board. All contracts and all purchases, and all votes taken by the board, shall be listed and entered upon the minutes of said board. Section 3. Said Act, as amended, is further amended by adding a new section to be known as section 14A to read as follows: Section 14A. In addition to the compensation provided for the chairman of the board heretofore, he shall be reimbursed for the actual expenses he incurs while on business of the county outside Walton County. The chairman shall submit a verified expense account to the clerk and he shall be reimbursed from county funds on a warrant signed by him and also by the clerk of the board. All such expense accounts shall be placed on the minutes of the board by the clerk. Expenses of chairman. Section 4. The provisions of this Act shall become effective on the first day of the month immediately following its approval by the Governor, or its otherwise becoming a law. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia. County of Walton. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Sanders Camp, who having been first duly sworn on oath, deposes and says that he is the publisher of the Walton Tribune, a newspaper in which are published the sheriff's advertisements for Walton County, Georgia and that the notice of intention to apply for passage of local bills, a copy of which is attached to this certificate, was published Page 2100 in the Walton Tribune in the issues of December 11th, 18th, 25th, 1957, and January 1st and 8th, 1958. /s/ Sanders Camp. Sworn to and subscribed before me, this 9th day of January, 1958. /s/ Jeanette S. Scott, Notary Public, Walton County, Ga. (Seal) Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that there will be introduced at the January, 1958 session of the General Assembly of Georgia, a bill to amend an act creating the Board of Commissioners of Roads and Revenues for the County of Walton, as amended, so as to change the compensation of the chairman and members of the board of commissioners; to provide that the compensation of the clerk of the board shall be fixed by the board; to provide an effective date; to repeal conflicting laws; and for other purposes. This 7th day of December, 1957. R. P. Burson, E. L. Almand, Jr., C. J. Williams, H. B. Ray, H. M. Arnold, J. T. Stowers, J. C. Shepard, Jr., Cliff Rogers, Eugene Kelly. (50 51 52 1 2) Approved February 14, 1958. Page 2101 TOWN OF CHIPLEYNAME CHANGED TO TOWN OF PINE MOUNTAIN. No. 29 (House Bill No. 664). An Act to amend an Act entitled, To incorporate The Town of Chipley, in the County of Harris, and for other purposes, approved December 9, 1882 (Ga. L. 1882-1883, pp. 265-268) and all acts amendatory thereto so as to change the name of said Town of Chipley to Town of Pine Mountain. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act entitled, To incorporate the Town of Chipley, in the County of Harris, and for other purposes, approved December 9, 1882 (Ga. L. 1882-1883, pp. 265-268) and all Acts amendatory thereto be and the same is hereby amended so that the corporate name of said Town of Chipley be and the same is hereby changed from Town of Chipley to Town of Pine Mountain. Name changed. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Georgia, Harris County: Before me, an officer who is authorized by law to administer oaths, personally came W. D. Sivell, who on oath says that he is Representative in the Georgia House of Representatives from Harris County, and that he is the author of a bill to which notice is hereto attached, and that the attached notice was published in the Harris County Journal, a newspaper published in Harris County, Georgia, it being the official organ of said Harris County, Georgia, that said notice of intention to introduce said bill was published in said paper in three consecutive issues thereof within 60 days next preceding Page 2102 this affidavit, and that the notice has been published as required by law. /s/ W. D. Sivell, Representative Harris County, Georgia. Sworn to and subscribed to before me, this the 13th day of January, 1958. /s/ Virginia Tell, N. P. (Seal) Georgia, Harris County: To Whom This May Concern: There will be a bill introduced in the January 1958 session of the Georgia legislature to amend the town charter of Chipley, Georgia, by changing the name of said Town of Chipley, Georgia as now appears in said town charter, and inserting in lieu thereof the Town of Pine Mountain, Georgia. W. D. Sivell, Representative, Harris County, Georgia. 12-12, 19, 26. Georgia, Muscogee County: In person before me, came Johnston C. Woodall, Publisher of the Harris County Journal, the official newspaper of Harris County, Georgia, who deposes and says that the foregoing notice of local legislation was published in the Harris County Journal, on each of the following dates: December 12, 1957; December 19, 1957; December 26, 1957. /s/ Johnston C. Woodall, Publisher Harris County Journal. Page 2103 Sworn to and subscribed to before me, this the 9th day of January, 1958. /s/ Virginia Tell, N. P. My Commission expires 3-21-59. (Seal) Approved February 14, 1958. CAMDEN COUNTYCOMPENSATION OF TAX RECEIVER. No. 31 (House Bill No. 648). An Act to provide for additional compensation for the Tax Receiver of Camden County; to provide for the procedure in connection with the payment of such additional compensation; to provide for the dates for the payment of such compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Tax Receiver of Camden County, in addition to the fees to which he may otherwise by law be entitled, receive the sum of $850.00 per year for travel expenses and the sum of $850.00 per year for administrative and clerical help to be paid from the general funds of Camden County. Said sums shall be paid to the said tax receiver by the governing authority of Camden County quarterly on the last day of each quarter with the first payment to be made on March 31, 1958 for the first quarter of 1958. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Ad. Notice of Intended Legislation. An act to amend an act for setting and regulating fees for the Tax Receiver of Camden County, Georgia. Page 2104 To amend this act to include additional compensation to be payed from the general funds of Camden County by the Commissioners of Roads and Revenues to the tax receiver for certain travel and administrative expenses incurred while in performance of his duties and for other purposes. John D. Odom, Representative Camden County. Sworn to and subscribed before me, this 24th day of December, 1957. Elaine M. Batts, Notary Public. 1-10-58 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: December 27, 1957, January 3, 1958 and January 10, 1958. /s/ John D. Odom, Representative, Camden County. Sworn to and subscribed before me, this 14th day of January, 1958. /s/ John Tye Ferguson, Notary Public. My Commission Expires October 10, 1961. (Seal) Approved February 14, 1958. Page 2105 CITY OF DALTONCHARTER AMENDED. No. 32 (House Bill No. 672). An Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by an Act approved February 12, 1945 (Ga. L. 1945, p. 493), and an Act approved February 8, 1950 (Ga. L. 1950, p. 2264), so as to change certain provisions relating to the Civil Service Commission of Dalton; to change provisions relating to the retirement of policemen and firemen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by an Act approved February 12, 1945 (Ga. Laws 1945, p. 493), and an Act approved February 8, 1950 (Ga. L. 1950, p. 2264), is hereby amended by adding to the end of section 5 of the amendatory Act of 1945 three new paragraphs to read as follows: No person shall be employed by the Civil Service Commission or the City of Dalton for said police or fire department, who has reached his 35th birthday except as hereinafter provided, nor shall any person be so employed who has failed to reach the age of 21 years and become eligible to participate in the pension fund or retirement fund, or both, of the Civil Service Commission. Such evidence of age shall be permanently filed with the Civil Service Commission in the form of a birth certificate. Police and firemen, pensions. The said Civil Service Commission shall have the right to employ any person over the age of 35 years, if said person waives in writing his right to participate in said Civil Service Commission and City of Dalton retirement or pension plan. No person shall be employed by the Civil Service Page 2106 Commission unless said person shall have been a bona fide resident of the City of Dalton for a period of more than one year immediately preceding the employment. Section 2. Said Act is further amended by adding to the end of section 15 of the amendatory Act of 1945 three new paragraphs to read as follows: In the event a member leaves his work as a fireman or policeman and withdraws the money which he has paid into the fund, and in the future once again becomes a fireman or policeman within the age limits stated in section 5, he shall be eligible to once again become a member of the fund and receive credit for previous year's service only if he pays to the secretary-treasurer of said Civil Service Commission all of the money withdrawn with interest at the rate of 6% per annum since withdrawal; and the City of Dalton shall also reinvest a like amount. Same, withdrawal of funds, reemployment. In the event a member leaves his work, for any cause, he shall receive only 95% of any money paid into said fund and the City of Dalton shall also receive only 95% of the money deposited by said city as matching funds. Said 95% shall be less any indebtedness owed said fund. In the event that the monies provided by the pension fund shall not be sufficient, at any time, to enable the Civil Service Commission to pay each person his pension in full, then those persons entitled to pensions shall be paid a pro rata amount, which in the opinion of the Civil Service Commission, the fund may provide. Section 3. Said Act is further amended by striking section 19 of the amendatory Act of 1945 and by substituting in lieu thereof a new section 19 to read as follows: Section 19. In case of the death of any member of the police or fire department of the City of Dalton, who is in good standing and who has not commenced receiving any benefits under this Act, the widow of said deceased, Page 2107 or if no widow, the minor child or children, or if no minor child or children, the estate of said deceased shall receive 95% of the amount of monies paid into said pension fund. Said payment of 95% to have deducted, before payment, any indebtedness owed said fund by the deceased. Same, dependents. Section 4. Said Act is further amended by striking section 20 from the amendatory Act of 1945 and by substituting in lieu thereof a new section 20 to read as follows: Section 20. A tax of 5% of the base salary of each police patrolman of the police department and each nonrated fireman of the fire department of the City of Dalton shall be levied on all persons named in this Act and now on active service and a like amount shall be deducted from the salaries of all firemen and policemen above the rank of regular fireman or patrolman, and the city treasurer of the City of Dalton shall retain that amount from each of their respective salaries to be applied toward the purposes of this Act. They mayor and council of the City of Dalton shall set aside a like amount for each person above designated from the general funds for the purpose of payment of the pensions herein named. Be it further enacted that the Civil Service Commission shall manage said funds, but said funds shall be kept in a separate account in the city depository by the city treasurer. Same, tax. Section 5. Said Act is further amended by striking section 24 from the amendatory Act of 1945 and by substituting in lieu thereof a new section 24 to read as follows: Section 24. In case there should accumulate more funds than is needed for the immediate use by the Civil Service Commission for the payment of pensions, the said Civil Service Commission is hereby empowered to invest such funds in United States of America bonds, Georgia State bonds, Georgia municipal bonds, or to lend to the members participating in said fund an amount equal to 95% of the amount of money on deposit by said participating member, provided, however, that said funds loaned to any participating member shall be lent for a period of not longer than one year, and that, also, the said participating member shall pay regular, equal, monthly installments to include interest at the rate of 6% per annum. No participating member shall be eligible to receive a pension while owing said pension fund any monies whatsoever, nor shall any member receive a loan after having been placed on a pension or under retirement. Same, investment of funds. Page 2108 Section 6. 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 1958 session of the General Assembly of Georgia, a bill to amend the charter of the City of Dalton so as to change the provisions relating to the Civil Service Commission and the provisions relating to retirement of policemen and firemen; and for other purposes. This 18th day of December, 1957. Homer E. Winkle, Representative, Whitfield County, Seat No. 1. Virgil T. Smith, Representative, Whitfield County, Seat No. 2. Georgia, Whitfield County: To Whom It May Concern: This is to certify that the above notice has been duly advertised as required by law in the official organ of Dalton, Whitfield County, Georgia on December 26, 1957, January 2nd and January 9th, 1958. /s/ H. E. Winkle, Representative, Whitfield County, Seat No. 1. Page 2109 /s/ Virgil T. Smith, Representative, Whitfield County, Seat No. 2. Sworn to and subscribed before me, this 15th day of January, 1958. /s/ George T. Bagby, (Notary Public). Approved February 14, 1958. CLAYTON COUNTYTAX COMMISSIONER'S DUTIES. No. 33 (House Bill No. 656). 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, so as to provide that the tax commissioner shall be ex-officio sheriff for the purpose of collecting tax executions; to provide the procedure connected therewith; 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) is hereby amended by adding three new sections to be known as section 2-A, 2-B, and 2-C, to read as follows: Section 2-A. The Tax Commissioner of Clayton County shall be ex-officio sheriff insofar as to enable him to collect the taxes due the State and county by levy and sale under tax executions and said tax commissioner shall not be allowed to turn over any tax executions to Page 2110 the sheriff or to any other levying officials except when it may become necessary for the purpose of enforcing the same to send said executions to any other county or counties other than the one in which issued. Said tax commissioner as ex-officio sheriff shall have full power and authority to levy and collect all tax executions heretofore or hereafter issued by him. Said tax commissioner as ex-officio sheriff shall have full power and authority to sell property for the purpose of collecting taxes due the State and county. It is the purpose of this section to grant the tax commissioner same power and authority as possessed by the sheriff relative to tax executions. Ex-officio sheriff. Section 2-B. All taxes, interest and penalties due to the Tax Collector of Clayton County and all executions for taxes, interest or penalties issued by him shall be due and payable to the tax commissioner and shall be valid and enforceable by him as issued. Section 2-C. The Tax Commissioner of Clayton County shall have the power to appoint one or more deputies, who shall be vested with the same powers as the tax commissioner with respect to levy and collection as is vested by law in tax collectors and the said tax commissioner shall be responsible for the acts of said deputies. Deputies. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Section 3. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is our intention to introduce at the 1958 session of the General Assembly of Page 2111 Georgia, a bill for the purpose of providing that the Clayton County Tax Commissioner will be made an ex-officio sheriff for the purpose of collecting and handling tax fi fas, and for other purposes. This 18th day of December, 1957. E. A. Foster, Senator, Edgar Blalock, Representative, W. J. Lee, Representative, Members of General Assembly from Clayton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Lee, who, on oath, deposes and says that he is Representative from Clayton County, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press Clayton County News Farmer which is the official organ of said county, on the following dates: Dec. 18, 26, 1957 and Jan. 2, 1958. /s/ William J. Lee, Representative, Clayton County. Sworn to and subscribed before me, this 14 day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 14, 1958. Page 2112 TOWN OF LEARYCHARTER AMENDED. No. 34 (House Bill No. 725). An Act to amend an Act creating a new charter for the Town of Leary in the County of Calhoun, approved August 13, 1929 (Ga. L. 1929, p. 1121), so as to change the name of said town to the City of Leary; to provide a method of paving the streets, sidewalks, and squares of said city; to authorize the mayor and council of said city to make assessments to pay for such improvements and to enforce such assessments with the issuance of fi. fas. and liens; 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 Leary in the County of Calhoun, approved August 13, 1929 (Ga. L. 1929, p. 1121), is hereby amended by striking therefrom the word town, wherever it appears, and by substituting in lieu thereof the word city so that from and after the passage of this Act said city shall be known by the corporate name of the City of Leary. Name changed. Section 2. Said Act is further amended by adding three new sections to be placed between section 71 and section 72 and to be numbered section 71A, 71B, and 71C, and to read as follows: Section 71A. Whenever two thirds of the property owners who own land abutting on any street, square, avenue, or block in said City of Leary shall petition the mayor and council to pave, curb, or otherwise improve said street on which they own real property, and when said mayor and council shall make an estimate of the expense of paving that said street as desired by the petition to be paved and improved, and prorate said expense of paving among the abutting-property owners on said street according to the amount of land each one has abutting on said street; this shall be done by the mayor and Page 2113 council of said city at such time thereafter as they see proper. The mayor and council shall have the right to divide the estimate of cost of said paving to be done to any of said property owners in five equal installments, each installment to draw interest at the rate of seven per centum per annum from the date of such assessment. On the property owner's request in writing for the said assessment to be so divided and the payments made annually for five years thereafter or any number of years less than five, this shall be done, and the said assessment shall be a prior lien on the abutting property to said street of the landowner for said improvement and pavement to be done on said street. The mayor and council shall then issue a fi. fa. against the property of said abutting landowner for the amount of the assessment and the interest thereon at the rate of seven per cent. per annum, of five equal installments, the first installment to be due and payable on the first day of January of the year following the year in which the improvement is made; the second on the first day of January of the second year; the third on the first day of January the third year; the fourth on the first day of January the fourth year, and the fifth on the first day of January the fifth year after said improvement is made and completed; which fi. fa. shall be recorded in the clerk's office or the Superior Court of said Calhoun County as other fi. fas., and shall be a prior lien on said abutting property for said improvement, and shall be made payable to the City of Leary and shall be negotiable and transferable by the city and said fi. fa shall be collectible by the transferee. Any person owning land abutting on said street, sidewalk, or block to be paved shall have the right to pay said assessment in cash if he so desires, or to have same divided into two or more installments, as above set forth in this amendment. Street improvements, petitions, f. fas., etc. Section 71B. Whenever the mayor and council of said city has determined the amount of assessment against each person whose lands abut the said property to be improved, they shall notify said landowner of said assessment and the amount thereof; and if the said owner Page 2114 desires to pay said assessment in annual installments as above set forth or in any number of installments up to five, he shall immediately notify said mayor and council in writing of his desire and election so to do. If he shall fail to elect so to do and to notify said mayor and council of his election within ten days after he is notified of such assessment, then said assessment shall be levied and collected immediately by the said city. The city shall have the right to issue fi. fas. for the full amount, with full interest at the rate of seven per centum per annum thereon; which fi. fa. shall be levied by the sheriffs or their deputies of this State, and the said property advertised and sold for the payment of such assessment or so much thereof as may be necessary. The fi. fa. shall describe the property abutting upon said street or sidewalk to be paved and the name of the owner stated therein, and a deed shall be executed to the purchaser by the sheriff selling said land, as all other sheriff's deeds are made and executed, conveying the title of the property of said abutting lands so sold to the purchaser thereof. Petitions already filed by persons owning land abutting on streets to be paved in said city are hereby ratified and declared legal and binding for the purposes aforesaid, and shall come within the provisions of this Act. Same. Section 71C. When the city has issued fi. fas., mayor and council of said city shall have full power and authority to transfer and assign the said fi. fas., and the lien thereof created on said abutting property on the street to be paved, for the face value thereof, as a payment for the improvements placed on said street, or otherwise. The city shall then proceed to pave said street itself or by contract or otherwise, as it may deem proper and right. Same. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Calhoun County. Notice is hereby given that I will introduce at the January, 1958, session of the General Assembly of Georgia, Page 2115 a bill to amend the charter of the Town of Leary, Georgia, to change the name of the municipality from the Town of Leary to the City of Leary; to provide a method of paving the streets, sidewalks and squares of said city; to authorize the mayor and council of said city to make assessments to pay for such improvements and to enforce such assessments with the issuance of fi. fas. and liens. This December 23, 1957. J. Martin Cowart, Representative, Calhoun County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Martin Cowart, who, on oath, deposes and says that he is Representative from Calhoun County, and that the attached copy of notice of intention to introduce local legislation was published in the Calhoun County News which is the official organ of said county, on the following dates: December 27, 1957, January 2, 1958 and January 9, 1958. /s/ J. M. Cowart, Representative, Calhoun County. Sworn to and subscribed before me, this 14th day of January, 1958. /s/ John Tye Ferguson, Notary Public. My commission expires October 10, 1961. (Seal) Approved February 14, 1958. Page 2116 BARTOW COUNTYCOMPENSATION OF CLERK OF COMMISSIONERS. No. 35 (House Bill No. 680). An Act to amend an Act abolishing the office of County Treasurer of Bartow County and providing that the clerk of the Board of Commissioners of Roads and Revenues of Bartow County shall perform the duties of the treasurer, approved August 13, 1915 (Ga. L. 1915, p. 151), so as to change the compensation of the clerk 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 abolishing the office of County Treasurer of Bartow County and providing that the clerk of the Board of Commissioners of Roads and Revenues of Bartow County shall perform the duties of the treasurer, approved August 13, 1915 (Ga. L. 1915, p. 151), is hereby amended by striking from section 5, the words six hundred dollars per annum and inserting in lieu thereof the words forty-eight hundred dollars per annum, so that when so amended, section 5 shall read as follows: Section 5. Be it further enacted, That said clerk shall be entitled to receive as compensation for the performance of the duties now devolving upon the Treasurer of Bartow County the sum of forty-eight hundred dollars per annum, and such other compensation for the performance of other duties devolving upon him as clerk of said board of commissioners as the board of commissioners may itself determine. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia, Page 2117 legislation to amend the Act of 1915, as amended, setting the salary of the Clerk of the Commissioner of Roads and Revenue of Bartow County, Georgia; to repeal an out dated law limiting the salary of said clerk; to fix said compensation; and for other purposes. This 10th day of December, 1957. Wm. B. Greene, Representative Bartow County, Georgia. 12-12-3T Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William B. Greene and Woodrow H. Bradley, who, on oath, deposes and says that they are Representatives from Bartow County, and that the attached copy of notice of intention to introduce local legislation was published in The Bartow Herald which is the official organ of said county, on the following dates: December 12, 1957; December 19, 1957; and December 26, 1957. /s/ Wm. B. Greene, /s/ W. H. Bradley, Representatives, Bartow County. Sworn to and subscribed before me, this 15 day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 14, 1958. Page 2118 LEE COUNTYCOMPENSATION OF ORDINARY. No. 36 (House Bill No. 631). An Act to provide that the Ordinary of Lee County shall receive, in addition to fees received by law, supplemental compensation in the form of a monthly salary to be fixed by the Board of Commissioners of Roads and Revenues for Lee County in an amount not less than fifty ($50.00) dollars and not more than one hundred fifty ($150.00) dollars per month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the fees now received under law, the compensation of the Ordinary of Lee County shall be supplemented by a monthly salary to be fixed by the Board of Commissioners of Roads and Revenues for Lee County in an amount not less than fifty ($50.00) dollars per month, and not more than one hundred fifty ($150.00) dollars per month. Salary. Section 2. This Act shall become effective as of the calendar month next after the approval hereof. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to File Local Legislation. To the People of Lee County, Georgia: You are hereby notified that it is my intention as Lee County Representative to introduce a bill in the January session of the General Assembly of Georgia to provide for a supplement of compensation for the Ordinary of Lee County and to provide for the payment thereof, and for other purposes. This 16th day of December, 1957. H. G. Hall, Representative Lee County, Georgia. Page 2119 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. G. Hall, who, on oath, deposes and says that he is Representative from Lee County, and that the attached copy of notice of intention to introduce local legislation was published in The Lee County Journal which is the official organ of said County, on the following dates: Dec. 20, 27, 1957 and Jan. 3, 1958. /s/ H. G. Hall, Representative, Lee County. Sworn to and subscribed before me, this 13 day of January, 1958. /s/ Frances Y. Read, Notary Public, Fulton County. Approved February 14, 1958. GORDON COUNTYFIRE PROTECTION DISTRICT. No. 37 (House Bill No. 729). An Act to provide for a fire protection district in Gordon County, Georgia to comprise all of the 849th district G. M., exclusive of the incorporate area of the City of Calhoun, Georgia; to authorize the Commissioner of Roads and Revenues of Gordon County to levy a tax on the taxable property in such district for fire protection purposes; to empower the Commissioner of Roads and Revenues of Gordon County to contract with municipal corporation, individuals or corporations for fire protection service; to empower the Commissioner of Roads and Revenues of Gordon County to adopt and enforce fire safety regulations; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Page 2120 Section 1. For the purpose of providing fire protection there is hereby established a fire protection district in Gordon County, Georgia to comprise all of the 849th District G. M., exclusive of the incorporate area of the City of Calhoun, Georgia. Boundary. Section 2. The Commissioner of Roads and Revenues of Gordon County, Georgia is hereby authorized to furnish fire protection to this fire protection district by contract with municipal corporations, individuals or corporations for fire protection service. Fire protection. Section 3. The Commissioner of Roads and Revenues of Gordon County, Georgia is hereby authorized to adopt and enforce fire safety regulations for the aforesaid district. Safety regulations. Section 4. The Commissioner of Roads and Revenues of Gordon County, Georgia is hereby authorized to levy a tax not to exceed two (2) mills upon the taxable property of such district to defray the cost of providing fire protection service within such district. The homestead exemption granted by Article VII, Section I, Paragraph IV, of the Constitution 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 this fire protection district only in which such funds are collected. Tax. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1958 session of the General Assembly of Georgia a bill to provide for a fire protection district in Gordon County, Georgia, to comprise all of the 849th district G. M., exclusive of the incorporate area of the City of Calhoun, Georgia; to authorize the Commissioner of Roads and Revenues of Gordon County to levy a tax on Page 2121 the taxable property in such district for fire protection purposes; to empower the Commissioner of Roads and Revenues of Gordon County to contract with municipal corporations, individuals or corporations for fire protection service; to empower the Commissioner of Roads and Revenues of Gordon County to adopt and enforce fire safety regulations; to repeal conflicting laws and for other purposes. /s/ Buford A. Ingle, Representative, Gordon County. Georgia, Gordon County. The undersigned does hereby certify that he is the publisher of the Calhoun Times, a newspaper in which sheriff's advertisements for Gordon County are published, and that an exact copy of the above notice was published in the Calhoun Times on November 28, December 5, 1957 and January 16, 1958. This 17th day of January, 1958. /s/ James H. Hobgood. Sworn to and subscribed before me, this 17th day of January, 1958. /s/ Harry Lawrence, Notary Public, Gordon County, Georgia. Approved February 14, 1958. GORDON COUNTYSHERIFF'S COMPENSATION. No. 38 (House Bill No. 728). An Act to amend an Act to change the compensation of the Sheriff of Gordon County, Georgia from a fee basis to a salary basis, approved March 7, 1955 (Ga. Page 2122 L. 1955, p. 3214) to increase the compensation of the sheriff's annual salary to five thousand dollars ($5,000.00) per annum, payable in equal monthly installments; and to provide that he shall receive further compensation in accordance with the provisions of section 58-207 of the 1933 Code of Georgia as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 2 of an Act to change the compensation of the Sheriff of Gordon County, Georgia from a fee basis to a salary basis, approved March 7, 1955 (Ga. L. 1955, p. 3214) is hereby amended by striking section 2 in its entirety and by substituting therefor new section 2 to read as follows: Section 2. The Sheriff of Gordon County, Georgia shall receive an annual salary of five thousand dollars ($5,000.00) per annum, payable in equal monthly installments. Said salary shall be in full payment of all fees and commissions or other emoluments that would otherwise accrue to him except for this Act. All such fees, commissions and emoluments shall be collected by him and paid into the general funds of the county. Such compensation shall be all-inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court; except such fees and compensations as provided in section 58-207 of the 1933 Code of Georgia as amended. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Gordon County. Notice is hereby given that the undersigned intends to introduce in the 1958 session of the General Assembly of Georgia, a local bill to provide for an increase in the Page 2123 compensation of the Sheriff of Gordon County, Georgia, and for other purposes. This 9th day of December, 1957. /s/ Buford A. Ingle, Representative, Gordon County. Georgia, Gordon County. The undersigned does hereby certify that he is the publisher of the Calhoun Times, a newspaper in which sheriff's advertisements for Gordon County are published, and that an exact copy of the above notice was published in the Calhoun times on December 12, 19, and 26, 1957. This 31st day of December, 1957. /s/ James H. Hobgood. Sworn to and subscribed before me, this 31st day of December, 1957. /s/ Harry T. Lawrence, Notary Public, Gordon County, Georgia. Approved February 14, 1958. CLAYTON COUNTYCOMPENSATION OF CHIEF DEPUTY SHERIFF. No. 39 (House Bill No. 657). An Act to amend an Act placing the Clerk of the Superior Court and the Sheriff of Clayton County on a salary basis in lieu of a fee basis, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2080), so as to provide that the sheriff shall fix the compensation of the chief deputy sheriff, subject to the approval of the governing authority of Clayton County; to repeal conflicting laws; and for other purposes. Page 2124 Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court and the Sheriff of Clayton County on a salary basis in lieu of a fee basis, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2080), is hereby amended by striking from section 4, the words and he shall be compensated in the amount of $4200.00 per annum, to be paid in equal monthly installments from the general funds of Clayton County. and inserting in lieu thereof the words and he shall be compensated in an amount to be fixed by the sheriff, subject to the approval of the governing authority of Clayton County, which compensation shall be paid in equal monthly installments from the funds of Clayton County. so that when so amended, section 4 shall read as follows: Section 4. Said officers shall be entitled to employ their own deputies and clerks, subject only to the approval of the commissioner of roads and revenues as to the number employed, and the amount to be paid such deputies and clerks. The compensation so approved shall be paid monthly out of the general funds of the county by said commissioner. In the event the officers herein named, or either of them, feel that they are not being allowed sufficient help and adequate compensation for such help, they may present their case to any grand jury in session for said county, and upon the recommendation of such grand jury additional deputies and clerks may be employed and compensation as so recommended by said grand jury, and for such periods as the various grand juries may deem necessary. Provided, however, that there shall be a chief deputy sheriff who shall be appointed by the sheriff, and he shall be compensated in an amount to be fixed by the sheriff, subject to the approval Page 2125 of the governing authority of Clayton County, which compensation shall be paid in equal monthly installments from the funds of Clayton 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 it is our intention to introduce at the 1958 session of The General Assembly of Georgia, a bill relating to the compensation of the Chief Deputy Sheriff of Clayton County, and for other purposes. This 18th day of December, 1957. E. A. Foster, Senator, Edgar Blalock, Representative, W. J. Lee, Representative, Members of General Assembly Clayton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edgar Blalock, who, on oath, deposes and says that he is Representative from Clayton County, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press-Clayton County News Farmer which is the official organ of said county, on the following dates: Dec 18, 26, 1957 and Jan. 2, 1958. /s/ Edgar Blalock, Representative, Clayton County. Page 2126 Sworn to and subscribed before me, this 14 day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 14, 1958. TOWN OF OMEGACHARTER AMENDED. No. 40 (House Bill No. 679). An Act to amend an Act approved July 30, 1912 (Ga. L. 1912, pp. 1178-1190), entitled An Act creating and providing a new charter for the town of Omega, Ga.; defining its corporate powers and municipal boundaries; providing for a mayor and council and other officers, prescribing their duties, and for other purposes, and Acts amendatory thereof; to provide for the name of Town of Omega to be changed to City of Omega; to increase the term of office of the mayor and councilmen from one (1) year to three (3) years and provide for the time and manner of election of such mayor and councilmen; to provide for the repeal of 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. That an Act approved July 30, 1912 (Ga. L. 1912, pp. 1178-1190) entitled An Act creating and providing a new charter for the town of Omega, Ga.; defining its corporate powers and municipal boundaries; providing for a mayor and council and other officers, prescribing the duties, and for other purposes, and Acts amendatory thereof, be the same is hereby amended by striking in line three (3) of section 1 of said Act the Page 2127 words town of Omega and substitute therefore the words City of Omega and by striking in line five (5) of said section 1 of said Act the words Town of Omega and substitute therefore the words City of Omega so that said section 1, 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 the city of Omega, in the County of Tift be, and the same is, hereby incorporated under the name and style of the City of Omega, and under said name shall have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations. And in such corporate name may sue and be sued, plead and be impleaded; and shall have power to have and to use a common seal. Name changed. Section 2. Be it further enacted by the authority aforesaid that section 4 of said Act (Ga. L. 1912, pp. 1178-1190) be, and the same is hereby, amended by striking therefrom the first six (6) lines of said section 4 in their entirety and by substituting therefor the following: Mayor and councilmen, elections. Section 4. Be it further enacted by the authority aforesaid that on the 1st Tuesday in December, 1958, an election shall be held in said City of Omega to elect a mayor and five councilmen. At this election, on the 1st Tuesday in December 1958, a mayor and one councilman shall be elected for a term of three years each, which terms are to begin on January 1, 1959; and at said election, December, 1958, two additional councilmen shall be elected for a term of two years each, which terms are to also begin on January 1, 1959; and further at said election, December, 1958, two additional councilmen shall be elected for a term of one year each, which terms are likewise to begin on January 1, 1959. On the 1st Tuesday in December, 1959, and annually thereafter on the same day, an election shall be held to elect successors in office, for terms of office of three years each, for those officers whose terms are to expire in that year, and such successors in office shall begin their respective terms of office on the 1st day of January immediately following their election. Candidates for the office of mayor or councilman must be residents of the City of Omega and must qualify as such candidate for such office by filing written notice thereof with the clerk of council on or before 12:00 o'clock, noon, on the 3rd Tuesday in November immediately preceding the election at which they propose to be a candidate for office. so that said section 4, when so amended shall read as follows: Section 4. Be it further enacted by the authority aforesaid that on the 1st Tuesday in December, 1958, an election shall be held in said City of Omega to elect a mayor and five councilmen. At this election, on the 1st Tuesday in December, 1958, a mayor and one councilman shall be elected for a term of three years each, which terms are to begin on January 1, 1959; and at said election, December, 1958, two additional councilmen shall be elected for a term of two years each, which terms are to also begin on January 1, 1959; and further at said election, December, 1958, two additional councilmen shall be elected for a term of one year each, which terms are likewise to begin on January 1, 1959. On the 1st Tuesday in December, 1959, and annually thereafter on the same day, an election shall be held to elect successors in office, for terms of office of three years each, for those officers whose terms are to expire in that year, and such successors in office shall begin their respective terms of office on the 1st day of January immediately following their election. Candidates for the office of mayor or councilman must be residents of the City of Omega and must qualify as such candidate for such office by filing written notice thereof with the clerk of council on or before 12:00 o'clock, noon, on the 3rd Tuesday in November immediately preceding the election at which they propose to be a candidate for office. No one shall be entitled to vote at such election, nor to hold office in such municipality who does not reside within the corporate limits thereof, and who has not paid all taxes due said town, and who is not qualified under the laws of this state to vote for members of the General Assembly of Page 2128 Georgia. Before any person shall be entitled to vote in any election held in said town he must be qualified to vote for members of the General Assembly; must have resided in said town for six months next preceding the election at which he offers to vote; paid all taxes due and demanded by the town authorities. Provided, that such person or persons shall have complied with such registration law as may be adopted by the mayor and council. Said mayor and council are hereby empowered to provide by proper ordinance for the registration of voters upon such terms as they may prescribe. Elections in said town shall be held by the citizens thereof in the same manner as elections for county officers of this State, and a certificate of the managers shall be sufficient authority to the persons elected to enter upon the discharge of their duties, after having taken the proper oath of office. If at any election held in said town there shall be a tie, and no candidate shall receive a plurality of the votes cast at such election, it shall be the duty of the mayor and council to call a special election for the purpose of voting off the tie. Only those standing for election in the general election shall be voted for and ten days notice of the holding of such special election shall be given by posting same at the post office and at two other prominent places within the town limits. Page 2129 Section 3. Be it further enacted by the authority aforesaid that all laws, ordinances and contracts presently in force as pertain to the town of Omega, except as specifically herein charged or modified, shall remain in full force and effect as to the said municipal corporation under its new name of City of Omega. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January, 1958, session of the General Assembly Page 2130 of Georgia, a bill to amend the charter of the Town of Omega, Georgia; to provide for the name of the Town of Omega to be changed to City of Omega; to increase the term of office of the mayor and councilmen from one (1) year to three (3) years and to provide for the time and manner of election of such mayor and councilmen; and for other purposes. This December 21, 1957. Leonard Morris, Tifton, Georgia, Representative, Tift County, Ga. W. T. Bodenhamer, Tifton, Georgia, Representative, Tift County, Ga. DeNean Stafford, Tifton, Georgia, Senator, 47th District. Wkly: Dec. 26, Jan. 2, 9 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bodenhamer, Morris, Stafford of Tift who, on oath, deposes and says that they are Representatives from Tift County, in the General Assembly of Georgia, and that the foregoing and attached notice of intention to introduce local legislation was published in the Tifton Gazette, which is the newspaper in which the sheriff's advertisements for the locality affected are published, on the following dates: December 26, 1957; January 2, 1958; and January 9, 1958. /s/ Leonard Morris, Representative, Tift County, Ga. /s/ Wm. T. Bodenhamer, Representative, Tift County, Ga. /s/ DeNean Stafford, Senator, 47th District. Page 2131 Sworn to and subscribed before me, this 15 day of January, 1958. /s/ Rebecca Causey, Notary Public, Georgia, State at Large. My commission expires September 15, 1962. Approved February 14, 1958. CITY OF CALHOUNCHARTER AMENDED. No. 41 (House Bill No. 722). An Act to amend an Act creating a new charter for the City of Calhoun, Georgia, approved August 20, 1918 (Ga. L. 1918, p. 563), as amended, particularly by Acts approved July 24, 1929 (Ga. L. 1929, p. 904); approved February 8, 1945 (Ga. L. 1945, p. 561); approved August 18, 1919, (Ga. L. 1919, p. 863), so as to extend the present corporate limits of said city to include therein certain territory in the County of Gordon 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 Calhoun; 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 purpose 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 1958; providing that such residents shall be eligible for nomination and election to the council of the City of Calhoun for any term beginning in January, 1959, 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 repeal conflicting laws; and for other purposes. Page 2132 Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the City of Calhoun, approved August 20, 1918 (Ga. L. 1918, p. 563), as amended, particularly by Acts approved July 24, 1929 (Ga. L. 1929, p. 904); approved February 8, 1945 (Ga. L. 1945, p. 561); approved August 18, 1919, (Ga. L. 1919, p. 863), 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 Calhoun, 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 Gordon 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 Gordon County, Georgia, and being more particularly described as follows: Beginning in the 14th district and 3rd section at the northeast corner of land lot number 167; thence running west along the north boundary lines of land lots number 167, 168, 169 and 170 to where the north boundary line of land lot 170 intersects with the Oostanaula River; thence running southerly and southwesterly along the meandering of Oostanaula River to where said river intersects Page 2133 the north boundary line of land lot number 190; thence running west along the north boundary line of land lot number 190 to the northwest corner of land lot 190; thence running south along the west boundary line of land lot number 190 to the southwest corner of land lot number 190; thence running east along the south boundary line of land lot number 190 to where said line intersects with the Oothcaloga Creek; thence running southerly and southeasterly along the meandering of said Oothcaloga Creek to where said creek intersects with the north boundary line of land lot number 263; thence running east along the north boundary line of land lot number 263 to the northwest corner of land lot number 264; thence running south along the west boundary line of land lot number 264 to the southwest corner of land lot number 264; thence running east along the south boundary lines of land lots number 264, 265 and 266 to the southeast corner of land lot number 266; thence running north along the east boundary lines of land lots number 266, 239, 230, 203, 194, and 167 to the point of beginning. 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 Calhoun shall be effective at 12:01 a. m., December 31, 1958. Section 3. Contiguous Territory Referendum. The Ordinary of Gordon 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 herein. He shall appoint Page 2134 such managers for such ballot boxes at such polling places as he deems necessary for the conduct of such referendum election. Such managers shall be sworn by the ordinary or a notary public to manage said election. The laws and regulations applicable to general county elections, and which are not in conflict with specific provisions of this Act, shall apply to said election. Section 4. Qualifications of Territorial Voters. At said election in said territory proposed to be annexed, only qualified voters of said county who have continuously resided in said territory proposed to be annexed for at least six months next preceding the day of said election, and who are also otherwise qualified by law to vote in 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, he may require that the managers of such ballot boxes and polling places may require each prospective voter to swear that he has resided within the territory where he offers to vote continuously for six months next preceding the date of said election, and for this purpose said managers are hereby empowered to administer oaths. The ordinary may determine the qualifications for such voters in the territory to be annexed, either through the use of voters' lists prepared as herein provided or through the administering of the oaths as to residence within such territory as provided 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. Page 2135 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 council of the City of Calhoun, at a regular or special meeting, shall by adoption of a resolution to be effective immediately upon passage, submit to the qualified voters of the city, at a referendum election to be held as hereinafter provided and upon the same day as the election called by the ordinary as above provided, the question of the inclusion of said described territory within the corporate limits of said city. Said election called by said council 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 council 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 sixty days following the approval of this Act on a date to be decided by the ordinary and the council 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 Gordon County are published. The ordinary shall issue his call for the election herein provided for, in sufficient time to allow the notice of said election to be published in said newspaper once a week for four weeks on any dates prior to the date of said elections. Said notice shall be a joint notice, signed by the ordinary and the city clerk of said city, and shall set forth the date of the elections, 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 Page 2136 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 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 Calhoun shall at noon of the day following said election or as soon thereafter as practicable, certify to the council of the City of Calhoun at a regular or special meeting, the result of said election inside the city. The ordinary of Gordon 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 Calhoun shall be extended on December 31, 1958, so as to include the territory hereinbefore described, and said territory shall, on December 31, 1958, become a part of the said city of Calhoun 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 council of said city and on the minutes of the Court of Ordinary of Gordon County. Section 11. Territorial Voters Qualified for City Elections Before Annexation. If the vote of the two elections Page 2137 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 council of the City of Calhoun, as well as any special election, held during the year 1958, those residents of said territory proposed to be annexed shall be qualified voters in said primary, in said general and special elections, upon the same terms and conditions, as to residence, registration and otherwise, as if said territory were on the days of said primary, general 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 council of the City of Calhoun for any term beginning in January of 1959, length of residence and qualifications as a voter in said annexed territory immediately preceding December 31, 1958, to be counted, for said purposes, as equivalent to residence and voting qualifications within the corporate limits of said city. Section 12. Expenses of Two Elections. 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 Calhoun. The ordinary shall certify to the clerk 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 Page 2138 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 proper city authorities may make assessments of property located in such territory for purposes of taxation, so that taxation may become effective upon said territory actually becoming a part of said city; enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city. Section 15. Repeal of conflicting laws. 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 during the 1958 session of the General Assembly of Georgia, introduce a bill to amend the charter of the City of Calhoun, by re-defining, altering and extending the city limits of said city, to provide for a referendum thereon and for other purposes. /s/ Buford A. Ingle, Representative, Gordon County. Georgia, Gordon County. The undersigned does hereby certify that he is the publisher of the Calhoun Times, a new paper in which sheriff's advertisements for Gordon County are published, and that an exact copy of the above notice was published Page 2139 in the Calhoun Times on November 28, 1957, December 5, 1957 and January 16, 1958. /s/ James H. Hobgood. Sworn to and subscribed before me, this 17th day of January, 1958. /s/ Harry Lawrence, Notary Public, Gordon County, Georgia. Approved February 14, 1958. CITY OF WASHINGTONNEW CHARTER No. 42 (House Bill No. 662). An Act to grant a new charter to the City of Washington, Wilkes County, Georgia by reincorporating the same so that the name of municipality shall be the City of Washington, Georgia; to repeal the Act of the General Assembly of Georgia incorporating City of Washington, Georgia, approved July 29, 1929, (Ga. L. 1929, p. 1396 et seq.); to repeal the Act of the General Assembly of Georgia amending the charter of the City of Washington, Georgia providing for the valuation, assessment and collection of taxes approved March 7, 1935 (Ga. L. 1935, p. 1224 et seq.); to repeal the Act of the General Assembly of Georgia amending the charter of the City of Washington, Georgia by fixing the salaries of the mayor and councilmen as approved March 28, 1935 (Ga. L. 1935, p. 1223); to repeal the Act of the General Assembly of Georgia amending the charter of the City of Washington, Georgia providing for the election of a mayor and council as approved December 9, 1953 (Ga. L. 1953, p. 2089 et seq.); and all other laws heretofore passed or enacted with reference to the charter of the City of Washington, Georgia, or any amendments thereto, that are in conflict with this Act; to define the corporate limits and the corporate name Page 2140 of the City of Washington, Georgia; to provide for a mayor and six councilmen, and to provide for the purchase, holding, receiving, enjoying, possessing, leasing, retaining, selling, aliening, conveying, transferring, and exchanging of any kind of property, real or personal; to provide how City of Washington, Georgia shall sue or be sued and how process shall be served; to provide for the continuance of the present mayor and council in office until their terms of office expire; to provide for the future election of a mayor and a council and for their qualifications; to provide for the manner, place and hours of holding future elections for mayor and council; for the qualifications of the managers of such elections and the declaration of the results; for the filing of election papers and holding hearings in the event of a contest; to provide for the terms of office of the mayor and council hereafter elected; to provide for the qualification and registration of voters in the munipicipality with penalties for illegal voting; to provide for the qualifications and duties of mayor and council and for the payment of salary and expenses thereof; to provide that the present incumbents of the office of mayor and council shall hold office for the terms to which elected; to provide for the election by the mayor and council of a chief of police, a city marshal, with an assistant chief of police and other police, watchmen or peace officers; to provide for the naming of a city clerk and city treasurer with the right to combine the two officers; to provide for the naming of a city recorder, and appeal from his decisions; to provide for the terms of office, compensation, powers, qualifications and duties of each of said officials of the municipality; to provide for the election of a city attorney and assistants and for the payment of compensation thereto; to provide for the meeting of the mayor and council; to designate a quorum for the transaction of business; to provide for a mayor pro tem. and to define his duties and powers; to define the right and authority of the mayor and council to enact and publish ordinances, rules and regulations and to authorize the infliction of penalties for the violation thereof; to provide for the working of prisoners and a place for their Page 2141 safekeeping; to define the authority and control of the mayor and council over all streets, lanes, alleys, roads, crossings, parks, squares, swimming pools and other public places in the municipality and to authorize the mayor and council to remove obstructions therefrom and to inflict penalties if the same are not removed; to provide that the mayor and council shall have authority to lay out, widen, straighten, grade, close, curb, pave or improve any street, lane, road, alley, crossing, parks, squares, swimming pool or other public place in said city, and to provide the method and manner for laying or causing to be laid any wires, drains, sewer pipes, gas pipes, water pipes, fire plugs, electric lines, water, gas, or sewerage connections in, over, upon, across and under the same; to provide for the improving, paving, curbing, macadamizing, draining, grading, widening, or straightening any of the roads, streets, squares, bridges, sidewalks, lanes, alleys, parks, or places of public amusement or recreation in the municipality now existing or that may hereafter exist; to provide for the assessment of the cost of such improvements against the property owners with the amount to be paid by the municipality, together with the necessary engineering fees; to provide for the assessment of any railway, public service corporation, or private utility using any of the roads, streets, sidewalks, lanes, alleys, parks or squares in the municipality for a share of the costs of any improving, widening, curbing, paving, grading, regrading the same, with the installation of all necessary drains, manholes, catchbasins, storm and water sewers, water pipes and culverts, including the necessary engineering fees, the manner in which such assessment shall be made and the manner of collecting the same; to provide that such shall be done by the mayor and council either upon petition of the property owners of the municipality or without the necessity of petition; to provide for the letting of contracts for such public improvements by advertising for sealed bids or by private letting, and to provide that any such improvements may be carried out by the municipality itself or by contract with the county, State of Georgia, or Federal Government; to Page 2142 provide that the assessment on the property abutting the road, street, lane, alleys, sidewalk, park or square so improved, widened, curbed, paved, repaved, graded, regraded, with installation of necessary drains, manholes, catchbasins, water pipes, storm and water sewers, with the necessary engineering fees, shall be a lien on each parcel of real estate from the date of the ordinance providing for the improvement and making an assessment therefor; to provide for the collection of the amounts of such assessments for the public improvements named, and to provide for the issuance of an execution against the owner of and against the real estate improved, and to provide for the levy of such execution and sale of the property levied upon and placing the purchaser in possession; to provide for the filing and trial of an affidavit of illegality on any assessment for public improvements when execution is levied; to provide for the rank of the lien of the assessment for public improvements; to provide for the exercise of the right of eminent domain by the municipality for the condemnation of private property for public uses for the purpose of laying out, opening, widening, changing, straightening, adding to or improving the streets, sidewalks, alleys, lanes, roads, squares and parks of the municipality, and for the exercise of the right of eminent domain on order to acquire any land, premises, rights of way, easements or appurtenances connected therewith except property of an existing utility company, for the purpose of establishing, extending, enlarging, or maintaining any electric light, power plant, gas plant, waterworks system, sewerage system, incinerator or sewerage disposal system, with the necessary streams, ponds, wells, lakes or dams whether such land, premises, rights of way, easements or appurtenances be located within or without the corporate limits of the municipality; to provide for the payment of compensation for the property condemned; to provide for the maintenance, equipment, repairing, extension, enlarging and improving of any present or future system of gas, waterworks, sewerage, electric light and power plants for the purpose of furnishing consumers located within and without the municipality with these Page 2143 services; to provide for the making of a contract by the municipality with any person, firm or corporation for the lease or grant of land, premises or easements for the purposes stated, whether within or without the corporate limits of the municipality; to provide for the purchase or lease of any plant, machinery, equipment, supplies, articles for the purpose of acquiring, erecting, maintaining, enlarging and equipping any gas, waterworks, sewerage plant, incinerator, electric light and power plants in order to furnish these services to consumers within and without the city limits and to excavate and bore wells, create lakes, ponds, dams and erect the necessary buildings and furnish the same with machinery for such purposes; to fix the rates and charges for such services to consumers living within and without the municipality; to provide for the erection, establishment and maintenance of a new system of waterworks, sewerage facilities, electric light and power plants, gas plants or other public utility plants by the municipality; to provide that nothing in this Act shall conflict with the present electric light and power system, waterworks system, sewerage and sewerage disposal system now in use in said city nor with the issuance and sale by the municipality with the Water and Sewerage Revenue Bonds, Series 1957 nor the assumption of any debt on behalf of the municipality other than the obligation arising out of the sale of such water and sewerage revenue bonds; to provide the method and manner by which any resident or nonresident property owner in the municipality shall be required to connect with any water or sewerage system now in use or that may hereafter be laid out; to provide for the filling in and closing of all surface wells, drywells, cesspools, pits for disposal of waste and garbage, outdoor toilets; to provide for the assessment and collection of a tax for general city purposes, to be assessed and collected on all the property within the municipality; to provide for a method of tax assessment and valuation, with the manner of notice to be given to every resident or non-resident property owner, where name and address of the owner is unknown; to provide for the giving of notice of valuation and assessments Page 2144 of property, filing protests to the tax appraisers and arbitration of the values fixed by the appraisers, with manner of selecting such arbitrators, their qualifications, and manner of arbitration; to provide for the preparation of a tax book showing the property in the municipality liable for taxation, fixing the time and giving notice of the dates when taxes are due; to provide for a discount if payment is made on or before certain dates; to provide for the issuance and collection of tax fi. fas. for delinquent taxes and for the issuance of tax executions against unreturned property or when the property is about to be removed from the corporate limits of the municipality; to provide for the licensing and regulating of all businesses, trades, vocations, callings and professions; to provide for the keeping of dangerous, explosive or combustible chemicals, liquids, fuel, gas or other articles; to provide for the licensing and regulating of any place of public amusement, pool room, billiard room, skating rink, ten pin alley, shooting gallery or any other business where games are played with any sort of device, and for the licensing of any radio, television, broadcasting system, any music hall, music stands, table or devices; to provide for the licensing and regulating of all places serving the public within the municipality whether selling or serving food, soft drinks, intoxicants, meats, ice and meals; to provide for the licensing and regulating of all barber shops, beauty shops, public bath or massage places, garages, theaters, moving picture shows, radio, television and broadcasing stations, taxicab companies and others operating public conveyances; to provide for the licensing and regulating of every auctioneer, broker, itinerant dealer in jewelry, rugs, medicine, clothing or other articles of merchandise, immigration agents, circuses, palmists, fortune tellers, sideshows, carnivals, flying jennies, flying horse, merry-go-round, ferris wheel or other amusement device catering to the public, and to provide a penalty for any person, firm or corporation for the failure to register and obtain a license as required by this Act; to provide a method of collection of any license tax or fee imposed by this Act; to provide for the regulation and sale of any Page 2145 agricultural products including livestock and poultry when raised in this state; to provide for the classification and licensing with notice of the license tax due of all businesses, professions, vocations, trades and callings; to regulate and control the keeping of animals and fowls; to regulate and control animals running at large and provide for the taking up and destruction of the same; to provide for the keeping, taxing, muzzling and inoculation of dogs; to provide for the issuance and collection of executions for any taxes, fines, or license fees; to provide for the powers, authority and jurisdiction of the chief of police, any assistant or assistants, night watchmen and other peace officers appointed by the municipality; to provide for the giving of appearance or bail bonds before the recorder and the manner in which the same shall be forfeited; to provide for a city physician and his compensation and to define his powers and duties; to authorize the mayor and council to cooperate with other bodies or agencies for any measures affecting the public health or for control of disease; to provide for the building, maintenance, improvement and upkeep of any slum clearance or low cost housing project, and for the cooperation with any other agency of the State or Federal government; to provide for compliance with the Urban Redevelopment Act of the General Assembly of Georgia as found Annotated Code of Georgia, Chapter 69-11 and all amendments thereto; to provide for the entering into contracts with any other city or town, with the State of Georgia or the United States of America for the use of facilities and services of either of them for the care and maintenance of the indigent sick; to provide for street or other improvements as set out in Annotated Code of Georgia, Chapter 87-8 and all amendments thereto; to provide for the making and repayment of temporary loans, and for the issuance and validation of bonds for public improvements for any purpose authorized by the laws of Georgia; to provide for the holding of an election for the issuance and validation of bonds for the purpose of any public improvement, constructing, reconstructing, building, rebuilding, paving, repaving, widening, grading, regrading, improving and Page 2146 reimproving any or all of the public streets, roads, sidewalks, lanes, alleys, squares, byways and bridges in the municipality, with the necessary engineering fees; to provide for the validation of bonds issued for public improvements, for the levy and collection of a tax to pay the principal and interest of same and to provide a sinking found for the retirement of such bonds, to provide for the issuance and validation of refunding bonds as provided by the laws of Georgia; to determine when a new election for bonds shall be called after an adverse election; to provide for the establishment and maintenance of a fire department with the right to purchase all needed machinery and equipment therefor, and to lease, buy or construct any building or buildings necessary to house the same; to lay out and prescribe frie regulations, fire districts and zones and to prescribe the kind of materials and of what dimensions any walls, pipes, chimneys, stove pipes, flues and smoke stacks shall be constructed; to provide for the storage and keeping or to prohibit the storage and keeping of any materials in the city which constitute a fire hazard or is dangerous to life, property or health; to provide for the granting of building permits; to provide ordinances, rules, and regulations whereby the provisions of Annotated Code, Chapter 69-8 relating to the future development of, zoning and districting of the city for various uses and purposes may be put into effect and to provide penalties for the violating of such ordinances, rules and regulations; to provide for the establishment and maintenance of public parks, playgrounds, swimming pools and other places of public recreation and amusement; to provide for the acquisition, control and upkeep of cemeteries and burying grounds; to provide for the weighing and measuring of all commodities sold by weights and measures within the municipality and to impose penalties for the violation of any ordinance, rule or regulation affecting the same; to provide for the establishment of a board of health in and for the municipality and to prescribe its authority, powers and duties; to authorize the employment of and contracting with other boards of health if one is not named for the municipality; to provide for the abatement of nuisances Page 2147 on recommendation of the board of health; to provide for the granting or refusal of franchises to persons, firms and corporations for the purpose of carrying on the business of a public utility, over, in, upon, across and under the streets, lanes, sidewalks, roads, alleys, parks, squares, and other public places in the city, and for the laying, erecting, constructing, maintaining, repairing, and improving the accessories and equipment needed in such businesses; to provide for the regulation and control of all private and public vehicles operated for hire and carrying passengers or freight within the municipality; to authorize the mayor and council to control, regulate and provide rules and regulations for the operation of any bicycle, motorcycle, motor-scooters, busses, trucks, motor cars, taxicabs, and all other vehicles operated within the limits of the municipality; to prescribe and fix speed limits and zones; to prescribe for the registration and qualifications of any chauffeur or operator, and to inflict penalties for the violation of any rule, regulation or ordinance; to provide for the employment and compensation of a city engineer and such assistants as are deemed necessary, and to define the powers and duties of such city engineer, his term of office and when and for what reasons he may be discharged; to provide for the employment and pay of other employees of the city employed in hauling, collecting and destroying waste and garbage and for the upkeep, maintenance, improvement or construction of any sidewalk, road, street, lane, alley, park, cemetery, square, and place of public recreation or amusement in the city; to provide rules and regulations for the protection of shade trees and shrubs, and for the trimming, and cutting of the same; to define the powers of the chief of police and assistants in the city; to provide for the enactment of any rules, regulations, ordinances or curfew laws to control juvenile delinquency or to keep peace and order in the municipality; to provide for the assembly or meeting of any body or group when such meeting would tend to disturb the public peace; to provide for the exemption from taxation of new industries as provided by the laws of Georgia; to define the rights, powers and duties of the mayor council and all other officers of the municipality and how the same may be exercised; to provide how all purchases of equipment, supplies and other articles for the municipality shall be made; to provide that no real property of the municipality except cemetery lots shall be sold without competitive bids, and to prescribe the manner in which personal property of the municipality shall be sold or disposed of; to provide a plan of group insurance whereby the employees of the municipality shall be covered by life, accident, health and hospital insurance; to provide that in the event any paragraph, section, article or provision of this Act shall be held by the courts to be illegal, that no other paragraph, section, article or provision shall be affected; to provide for the repeal of all laws and parts of laws in conflict with this Act, and for other purposes. Page 2148 Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia providing a new charter for the City of Washington, Georgia, defining its boundaries, powers, duties and liabilities, and to provide for its orderly government and for other purposes, approved July 29, 1929 (Ga. L. 1929, p. 1396 et seq.); the Act of the General Assembly of Georgia amending the charter of the City of Washington, Georgia by providing for the valuation, assessment and collection of taxes approved March 7, 1935 (Ga. L. 1935, p. 1224 et seq.); the Act of the General Assembly of Georgia amending the charter of the City of Washington, Georgia by fixing the salaries of the mayor and councilmen approved March 28, 1935 (Ga. L. 1935, p. 1223); the Act of the General Assembly of Georgia amending the charter of the City of Washington, Georgia by changing the terms of the office of the mayor and councilmen and providing for the election thereof, as approved December 9, 1953 (Ga. L., Nov.-Dec. Sess. 1953, p. 2089 et seq.), and all other laws heretofore passed or enacted with reference to the charter of the City of Washington, Georgia, Page 2149 or any amendments thereto, that are in conflict with this Act, be, and they are hereby repealed. Prior Acts repealed. Section 2. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act, that the inhabitants of, and the territory embraced within the corporate limits of the City of Washington, Georgia, as hereafter defined, be and they are hereby incorporated under the name and style of the City of Washington, Georgia, and from and after the passage of this Act the municipal government of the City of Washington, Georgia shall consist of a mayor and six councilmen who shall hereby constitute a body corporate under the said name and style of City of Washington, Georgia, and by that name shall have perpetual succession, shall have and use a common seal, and be capable in law to purchase, hold, receive, enjoy, possess, lease and retain to themselves and their successors in office, for the use and benefit of the City of Washington, Georgia, in perpetuity, or for any term of years or period of time, any property, real and personal, of whatever kind and nature whatsoever, within or without the corporate limits of the City of Washington, Georgia; to sell, alien, convey, transfer, exchange or lease the same or any part thereof, in any way whatsoever, or to improve the same, and shall by said name of the City of Washington, Georgia be capable of suing and being sued in any court or courts of law whatsoever. Re-incorporated. Sue and be sued. Whenever suit is brought against the City of Washington, Georgia, service upon the mayor of any writ or other legal process shall be sufficient, and if the elected mayor shall be deceased or resign his office, service upon a majority of the council shall be sufficient service. Service. Be it further enacted by authority aforesaid that the present mayor and council in office at the time of the passage and approval of this Act, shall be, and they hereby are, continued in office for the full term of office for which each of them were elected, and until their successors in office are duly elected and qualified under the provisions of this Act. Present mayor and council. Page 2150 Section 3. Be it further enacted by virtue of the authority of the same that the corporate limits of the City of Washington, Georgia shall remain as they are now established by law. Corporate limits. Section 4. Be it further enacted by the authority aforesaid that on the second Monday in January 1959 the mayor and three members of council whose terms expire on said date shall be elected for terms of four years each, and until their successors are elected and qualified, and on the second Monday in January 1961 three members of council shall be elected for terms of four years each, and until their successors are elected and qualified, and thereafter such elections shall be held biennially on the same date for such officers whose terms expire, be it either mayor or councilmen, it being the intent and purpose of this Act to elect a mayor each four years and three members of council each two years. Mayor and council, terms. The candidates elected at such elections shall qualify by taking the oath of office before taking part in any special or regular meeting of the mayor and council, and unless prevented by sickness or other providential cause, shall take such oath within ten (10) days after such election. The members of council so elected shall qualify by taking the oath before the mayor or any justice of the peace, clerk of superior court, ordinary, or other officer qualified to administer oaths in Georgia, and the mayor shall qualify by taking the oath before any officer authorized by law to administer oaths in this State. The oath taken shall be substantially in the following form: Oath. I (mayor or councilman as case may be) do swear that I will well and truly perform all the duties of the office to which I have been elected. So help me God. Said oath shall be signed and placed on the minutes of mayor and council. Should there for any cause fail to be an election held at the time specified, or should any vacancy occur from Page 2151 death, removal from the city or other cause, the mayor and council, or the council alone if the vacancy be in the mayor's office, shall order an election to be held at a time not less than fifteen (15) days after the call for such election shall have been issued by the mayor and council, or by the council, which call for such election shall be published in one issue of the official organ of Wilkes County, Georgia and posted before the Courthouse door in Washington, Georgia at least ten (10) days before the date of such election. Vacancies. At all such elections the polls shall be opened at 7:00 o'clock a.m. and shall close at 7:00 o'clock p.m. Eastern Standard Time as now prevailing, or at the official time prevailing on such date. Elections. All elections held under this Act shall be held by a justice of the peace, ordinary of the county, assisted by two freeholders of the city, or by three freeholders of the city, under the same rules and regulations governing elections for members of the General Assembly of Georgia. Provided, that no official or employee of the City of Washington, Georgia shall be eligible to act as an election manager. It is provided, however, that it shall be necessary to keep only two lists of voters and two tally sheets. The managers of the election, after the polls have closed, shall count the votes, declare the results and certify the same to the mayor and council, who shall order the same recorded on the minute book of the City of Washington, Georgia. All elections for mayor and council or to fill vacancies in the office of mayor or council or for any other purpose whatsoever, shall be held at the county courthouse in the City of Washington, Georgia. The managers shall deposit with the mayor all papers pertaining to any regular, special or other election held in and for said City of Washington, Georgia, who shall preserve them unopened for ten (10) days after the results Page 2152 of the election shall have been declared by the managers, and shall then destroy them, unless notice of a contest has been filed or unless it is required by the law of this State that such election returns be filed with some other officer. In the event any contest is filed to an election then a hearing shall be conducted as provided by law. At the regular scheduled election to be held in said City of Washington, Georgia on the Second Monday in January 1959, and thereafter, the candidate for mayor receiving the highest number of votes shall be declared elected for a term of four years, and the three candidates for council receiving the highest number of votes shall be declared elected for a term of four years each. Section 5. Be it further enacted by authority of the same that the persons qualified to vote in any election for mayor and council, or in any other election held in and for the City of Washington, Georgia, for any purpose, shall be those persons qualified to vote in elections for members of General Assembly of Georgia, and who shall have bona fide resided in the State of Georgia for twelve months and within the territorial limits of the City of Washington, Georgia, for six months next preceding said election; provided such person or persons shall have complied with the laws of the State of Georgia regulating the qualifications of voters and with such registration and voting ordinances as may be adopted by said mayor and council of the City of Washington, Georgia, who are hereby authorized to provide by ordinance for the qualification and registration of voters, provided the same are not in conflict with the laws of Georgia or the laws of the United States of America. Electors. It is further provided that before any person is qualified to vote in any election held in and for the City of Washington, Georgia, that such person shall have registered with the city clerk by signing his name in the voters book at least thirty (30) days before such election. The Page 2153 said city clerk shall close the voters book thirty (30) days before any election, general or special. A person having once registered in said voters book as a qualified voter, shall not be required to register again so long as he or she shall remain a resident of the City of Washington, Georgia, and be otherwise qualified as a voter, it being the purpose of this Act to provide a permanent system of registration. It is further provided that any person denied the right to register as a voter in said municipality by the clerk, shall have the right to appeal to the mayor and council, which appeal need not be in writing, within five (5) days after the time he is denied the right to register, and if such mayor and council on appeal shall find that such person is entitled to register and vote in elections in such municipality, the name of such person shall be added to the list of qualified voters by the city clerk at anytime prior to the election, even though the voters' book shall have been closed as to other registrants. The said city clerk of the City of Washington, Georgia shall prepare and file with the managers of any election, regular or special, which may be held in the municipality, at least two lists of the registered, qualified voters in such municipality before the polls open, which lists shall be dated and certified by the clerk of said municipality as being a true and correct list of the persons entitled to vote in such election. Lists. No person offering to vote at any election held in and for the municipality, whose vote is challenged, shall be allowed to vote unless he shall take the following oath to be administered by one of the election managers, I do solemnly swear (or affirm) that I am a citizen of the State of Georgia and have attained the age of eighteen (18) years; that I have resided in the State of Georgia one year and in the City of Washington, Georgia six months next preceding this election; that I am duly qualified to vote in this election according to the laws of this Page 2154 State and that I have not previously voted in this election. So help me God. Oath. Be it further enacted that any person voting illegally at any such election or elections shall be guilty of a misdemeanor, and on conviction thereof shall be so punished, as provided by the laws of the State of Georgia. Section 6. Be it further enacted that any freeholder of the City of Washington, Georgia, who is qualified to vote for mayor and council shall be eligible to hold either office, provided such person is at least twenty-five years of age. Mayor and council, qualifications. Section 7. Be it further enacted by authority of the same that the mayor of the City of Washington, Georgia shall receive an annual salary of twelve hundred dollars ($1200.00) payable monthly, and each of the councilmen of the said City of Washington, Georgia shall receive an annual salary of two hundred and forty dollars ($240.00) payable monthly, said salaries to be paid out of the city treasury. The said mayor and any member of council shall also be paid any travel or other expense incurred on behalf of the city. Same, salary, effective date. It is especially provided, however, that this provision regarding the salaries of the mayor and council shall not take effect until the regular election for mayor and councilmen the second Monday in January 1959, when said provisions shall be effective as to the incoming mayor and members of council and also effective s to the members of council whose terms have not expired. Section 8. Be it further enacted by authority of the same that the mayor and council of City of Washington, Georgia, at the first regular meeting held in January of each year, or as soon thereafter as is practicable, shall elect the following officers of the City of Washington, Georgia, to serve for the ensuing year, a majority of the votes cast being in each case sufficient to elect: Other officers, terms, compensation. A chief of police and one assistant chief of police and Page 2155 as many additional policemen, watchmen or other peace officers as in their judgment they may deem necessary. A city clerk and treasurer, the offices of which may be combined if the mayor and council see fit. A city recorder, A city marshal who may be one and same person as the chief of police. The terms of these officers shall run for one year, with the right of the mayor and council to discharge such officers at anytime for neglect of duty, immoral conduct, conviction of crime, or for other reason which would prevent such officers from satisfactorily filling the positions to which they were elected, provided a hearing be given to such officer or officers in the event of discharge if demanded, before the mayor and council. The mayor and council shall fix the compensation to be paid to these officers, and may take from the clerk, treasurer, city recorder or any other city official bonds for the discharge of their duties and accounting for the moneys in their hands in such amounts as the mayor and council shall direct. In the event one and the same person shall act as clerk and treasurer only one bond shall be required of such officer. Each of said bonds shall be approved by the mayor, and all of said officers before entering upon their duties shall take and subscribe an oath to faithfully discharge the duties of the office to which each of them has been named. The salaries of such officers shall be paid out of the city treasury. Section 9. Be it further enacted that the mayor and council of City of Washington, Georgia shall be authorized to name and elect a city attorney at the same time at which the other officers of the city are elected, and to pay him such compensation as they may deem proper. Whenever it shall be deemed advisable the said mayor and council shall be authorized to employ additional counsel to assist the city attorney and to pay such compensation Page 2156 to such assistant attorney or attorneys as may be reasonable and proper. City attorney, assistants, compensation. The compensation of the city attorney or any assistant or assistants to be paid out of the city treasury, unless the duty or duties performed by such city attorney or assistants shall be related to a revenue producing facility or utility of the city, when in such case the mayor and council may direct compensation to such attorney or attorneys to be paid out of a particular fund. Section 10. Be it further enacted by authority of the same that the mayor and council shall meet for the transaction of business of the municipality within the limits of the municipality at such times and places as they may see fit, and any special meeting may be called by the mayor or clerk, or by any four or more councilmen to consider any business that may legitimately come before the mayor and council. At all such meetings the mayor, if present, shall preside, and shall be entitled to vote only in a case of a tie vote, except that he shall be authorized to cast a vote in any election of officers of the City of Washington, Georgia that may be named by the mayor and council, even when there is no tie vote. Mayor, council, duties. A quorum for the transaction of any business at any meeting, regular or special, shall consist of four members of the mayor and council, including the mayor, and if the mayor is absent at any meeting the council may elect one of their number to act as temporary mayor pro tem. who shall possess all the rights and powers of the duly elected mayor. If a regular mayor pro tem. has been already named by the mayor and council to serve in cases when the mayor is absent, ill or disqualified, then such mayor pro tem. shall preside at any meeting of the mayor and council, regular or special, without the necessity of a temporary mayor pro tem. being selected. Section 11. Be it further enacted by authority of the same that said mayor and council of the City of Washington, Page 2157 Georgia shall have the right to pass and enact all ordinances, rules and regulations, necessary for the good government of the municipality, the protection of persons and property, for the peace, health, good order, comfort and convenience of the citizens thereof, and fix suitable penalties for the violation of same. Same, ordinances. They shall be authorized to inflict penalties for each and every violation of any ordinance or resolution passed by them, by fine, imprisonment in the county jail of Wilkes County, Georgia, or by working on a labor force on the streets, sidewalks, parks or other public places in such municipality, and all or either of said penalties may be inflicted. In the event a fine is imposed it shall not exceed two hundred dollars ($200.00) and costs; and in the event imprisonment in the county jail of Wilkes County, Georgia is imposed it shall in no case exceed sixty (60) days; and in the event a sentence is imposed to work on the labor force on the streets, sidewalks, parks or other public places in the municipality, it shall not exceed one hundred and eighty (180) days, but either one or all of such penalties may be inflicted. The said mayor and council shall be authorized to provide an alternative sentence to be served in the county jail of Wilkes County, Georgia or on the labor force of said municipality, not to exceed the number of days stated, in the event the fine is not paid. In case of imprisonment in the county jail of Wilkes County, Georgia, the cost of the board of such prisoner and all jail fees shall be borne by the municipality and paid out of the treasury thereof. Be it further enacted by authority of the same that said mayor and council shall have full power and authority to provide for the working of offenders sentenced to work upon the public places of the municipality by the police, recorder or mayor's court, to establish, equip and maintain a city work force; to establish, equip and maintain a guardhouse, barracks or stockade for the safe-keeping of such offenders, either within or without the Page 2158 city limits; to provide for the feeding and care of the same. Section 12. All ordinances and resolutions passed by the mayor and council shall be entered on the minutes by the clerk, and said mayor and council shall have the authority whenever it seems proper, to publish any ordinance or resolution passed in the official organ of Wilkes County, Georgia. Same, publication. Section 13. Be it further enacted by authority of the same that the said mayor and council shall have full control and superintendence of all streets, lanes, alleys, sidewalks, crossings, rights of way, parks squares, swimming pools, and all other places of recreation or amusement furnished to or open to the public or used by the public, with the right to pass all necessary ordinances, resolutions and rules regulating the use thereof. Public places. The said mayor and council shall have the full right to abate or cause to be abated any nuisance existing in said City of Washington, Georgia, in the manner provided by section 72-401 Annotated Code of Georgia, section 72-402 Annotated Code of Georgia, and as provided in any and all laws amendatory thereof. Nuisances. Section 14. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the City of Washington, Georgia, shall have, and there is hereby granted to them, full power and authority to lay out, widen, straighten, grade or otherwise change the roads, streets, bridges, sidewalks, lanes, alleys, parks, squares and places of public amusement and recreation in said city, and shall have full authority and power to lay off, grade, vacate, close, widen, open, curb and pave the roads, streets, bridges, walks, sidewalks, lanes, alleys, cross drains, cross gutters, cross walks, drains and gutters, either or all of them, for the public use, or for the purpose of laying or causing to be laid, any wires, drains, sewer pipes, gas pipes, water pipes, fire plugs, electric lines, water, gas or sewer connections, or any other installation over, in, upon, across, under and through the Page 2159 roads, streets, bridges, sidewalks, lanes, alleys, parks, squares, and places of public recreation and amusement within the limits of said municipality, upon such terms and conditions as they may prescribe. Mayor and council, duties. Section 15. Be it further enacted by authority of the same that the mayor and council of the City of Washington, Georgia shall have full power and authority to improve, pave, curb, macadamize, drain, grade, widen or straighten any of the existing roads, streets, squares, bridges, sidewalks, lanes, alleys, parks or places of public amusement or recreation in said municipality, or any that may hereafter be opened, constructed or acquired, and they may provide for assessments to be made against the owners of the adjoining property for payment of a part of the expense incurred. Same, streets, etc. Be it further enacted by authority of the same that in the event an assessment shall be made by the mayor and council against the adjoining property owners for the cost of part of the improvements set out in this section that the same shall be assessed and collected as follows: One-half of the cost of such improvement, pavement, macadamizing, draining, grading, re-grading or widening to be assessed against the property owner or owners adjoining such improvement at the rate of one-fourth the cost and expense to the property owner or owners on each side thereof, the other one-half () to be paid by the municipality. All corners of sidewalks and the curbing thereon shall for the purposes of assessment of the cost of such construction be considered as owned by the adjoining owner. Section 16. Be it further enacted by authority of the same that one-half () of the total cost of improving, curbing, paving, repaving, grading, regrading, widening, installation of all necessary drains, manholes, catch basins, drain pipes, culverts, storm and water sewers, on any roads, streets, lanes, alleys, sidewalks, or public places in the municipality, including the necessary engineering Page 2160 fees, shall be assessed and collected from the adjoining property owner or owners, the property owner or owners on each side of such improvement to pay one-fourth (1/4) of said cost and the municipality to pay one-half (1/2) of said cost. It is herein provided that in the event such improvement or improvements as herein set out shall adjoin or abut a public square or park on one side, that the adjoining property owner or owners shall be assessed for one-fourth (1/4) the cost of the improvements that adjoins their property, the City of Washington, Georgia to pay the remainder of such cost. Same. The cost of improving, curbing, paving, repaving, grading, regrading or widening with the installation of the necessary drains, manholes, catch basins, drain pipes, culverts, and sewers, on the intersection of any street, lane or alley shall be paid for by the municipality. Section 17. Be it further enacted that if there be any railway or tracks operated by a public utility or private corporation, in, along, over, upon and across any roads, streets, lanes, alleys, sidewalks, parks or squares of the city and within same, that the municipality shall have the right to require such utility or corporation to pay its proportionate share of such improvement, it being liable for one-half (1/2) the amount of the assessment against the adjoining property owner or owners. Public utilities. It is further enacted that any and all assessments against the adjoining property owners for improving, widening, curbing, paving, repaving, grading or regrading any roads, streets, lanes, sidewalks, alleys, bridges, squares and parks, and for the installation of necessary drains, manholes, catch basins, storm and water sewer pipes and culverts, with necessary engineering fees shall be in proportion to the number of linear feet of the property owner or owners, abutting on said road, street, lane, alley, bridge, square, park or sidewalk of such city; and for any public service corporation or private utility operating or using any railway or tracks in, upon, over and across and along the same, the assessment shall likewise be in proportion to the linear feet of said railway or tracks Page 2161 running in, upon, over and across said roads, streets, lanes, alleys, bridges, squares, parks or sidewalks of said city. Section 18. Be it further enacted by authority of the same that said mayor and council shall have the right to improve, widen, curb, pave, repave, grade or regrade, and install drains, manholes, catch basins, water pipes, culverts, storm and water sewers on any roads, streets, lanes, alleys, sidewalks, parks or squares of said municipality as in their discretion may seem proper without requiring any petition or petitions from the property owners to be affected by the improvement. However, if the said mayor and council shall deem proper, they may require a signed petition to be presented to them from a majority of the property owners to be affected, before undertaking such work or works. Same, petitions. Section 19. Be it further enacted by authority of the same that said mayor and council shall have the right to let a contract or contracts for improving, widening, curbing, paving, repaving, grading or regrading with installation of all necessary drain, manholes, catch basins, water pipes, culverts, storm and water sewers on any road, street, lane, alley, sidewalk, park or square, or any part thereof, within said municipality, by advertising for sealed bids, or by private letting as they may deem best, and may fix the terms of any contract or contracts thereunder. Same, contracts. The said mayor and council shall, if they so desire, perform such improvements and work by private labor hired by the municipality, and shall be authorized to purchase all materials, tools, machinery and such other articles as may be needed, if such improvement, work and installation is done by private labor hired by the city. Section 20. Be it further enacted by the authority aforesaid that the assessment on each parcel of property abutting such road, street, lane, alley, sidewalk, park, lane or square to be improved, widened, curbed, paved, repaved, graded, regraded, with installation of all necessary Page 2162 drains, manholes, catch basins, water pipes, storm and water sewers, shall be a lien on each parcel of real estate from the date of the passage of the ordinance providing for the work or improvement and making an assessment for the payment thereof. Same, liens. The mayor and council acting by and for the City of Washington, Georgia shall have full power and authority to enforce the collection of the amount of any assessment so made for the purpose of improving, widening, curbing, grading, regrading, paving or repaving, with installation of all necessary drains, manholes, catch basins, water pipes, culverts, storm and water sewers, on any roads, streets, lanes, alleys, sidewalks, parks or squares of said city, or portion thereof, including the necessary engineering fees, by execution issued by the clerk and signed by the mayor against the owner of the real estate and against the real estate so improved, and against the public or private utility using the streets, which execution shall state the amount of the assessment and the date of the ordinance making such assessment. If the name of the owner of the property is unknown, the assessment may be made directly against the property improved. The said execution may be levied by the chief of police, by the town marshal of the City of Washington, Georgia or by the sheriff of Wilkes County, Georgia or any of his lawful deputies, and said property shall be levied on, advertised and sold at public outcry, after being advertised in the manner required by law for sheriffs' sales of real estate, at the time and place and during the hours fixed by law for holding sheriffs' sales of real property in Wilkes County, Georgia, and a deed shall be made by the officer holding the sale to the purchaser. The mayor of the City of Washington, Georgia is authorized to bid on any real property so sold and acquire title in the name of the municipality as any other purchaser. Any such sale so made shall vest absolute title in the purchaser without right of redemption by the owner of said property. The said town marshal, the chief of police, the sheriff of Wilkes County, Georgia or any of his lawful deputies, shall have the right and authority to eject any occupant or Page 2163 occupants of said property sold and place the purchaser at such sale in possession. Section 21. Be it enacted by authority of the same and it is hereby enacted, that the owner of any parcel or piece of real estate so assessed for improvements and levied upon shall have the right to file his affidavit of illegality denying the whole or any part of the amount for which the execution is issued, stating the amount due if any, which amount admitted to be due shall be paid to the clerk of the city at the time said affidavit of illegality is received by the leving officer. Same, affidavit of illegality. The said affidavit of illegality shall be filed with the levying officer within the time required by the laws of Georgia for filing affidavits of illegalities to the levy of common law executions, and under the same provisions thereof, except as herein modified, and shall when filed with the levying officer be by him returned for trail to the next term of the Superior Court of Wilkes County, Georgia, the issue there to be tried as is provided in cases of other illegalities, and subject to all the penalties provided by law in cases of affidavits of illegality filed for the purpose of delay only. Section 22. Be it further enacted by authority of the same that the said mayor and council acting for and on behalf of the City of Washington, Georgia shall have the right and authority to improve, widen, curb, pave, repave, grade and regrade any road, street, lane, alley, sidewalk, park or square or said city, and to install the necessary drains, manholes, catch basins, drain pipes, water pipes, culverts, storm and water sewers without assessing any part of the cost thereof upon the adjoining property owners or property of the utility or utilities using the roads, streets, lanes, alleys, sidewalks, parks or squares of the city, either by itself, or by entering into a contract or agreement with the county, with the State of Georgia, or with the Federal government, or any agency thereof, for such work and improvement, without the necessity of advertising for bids and without a public or private letting of such contract or contracts therefor, whenever it Page 2164 shall deem that such contract or contracts will be advantageous to the municipality and the citizens thereof. Same, contracts. The said mayor and council shall have the right and authority to pass and enact all other rules, regulations, resolutions and ordinances as they may deem proper for the improving, widening, curbing, paving, repaving, grading, regrading of any road, street, lane, alley, sidewalk, park, square or any other place or places used by the public in said city, with the installation of all necessary drains, manholes, catch basins, water pipes, culverts, storm and water sewers, with the necessary engineering fees, and to enforce by execution the cost of same against the adjoining property owner or owners and public or private utilities using such roads, streets, lanes, alleys, sidewalks, parks or squares or other public place in said city, for any railway or tracks, and to provide how the owner or owners shall be served with notice, by personal service or otherwise. Section 23. Be it further enacted by authority of the same that the lien of the assessment or assessments herein provided for curbing, improving, widening, paving, repaving, grading or regrading, with installation of the necessary drains, manholes, catch basins, water pipes, culverts, storm and water sewers, with the necessary engineering fees, shall rank in priority of payment next in point of dignity to liens for taxes, such liens to date from the date of the ordinance or resolution authorizing the improvement and providing for the assessment to pay the cost thereof. Same, priority of liens. Section 24. Be it further enacted by authority of the same that said mayor and council of the City of Washington, Georgia acting in the name of and on behalf of the municipality, shall have full power and authority to condemn property for the public use for the purpose of laying out and opening new streets, sidewalks, alleys, lanes, roads, squares and parks in said municipality; and for the purpose of widening, changing, straightening, grading, adding to or improving in anyway the streets, sidewalks, alleys, lanes, roads, squares and parks of said municipality, Page 2165 upon the payment of compensation therefor. Whenever the said mayor and council shall decide that it is necessary to exercise the power of eminent domain for the purpose of condemning property for public use as herein set out, such power and authority shall be exercised as provided by the laws and statutes of the State of Georgia, as found in Title 36, Chapter 36-1 et sequitur of the Annotated Code of Georgia, and all laws and parts of laws amendatory thereof, providing for the condemnation of private property for public uses by municipalities, whether the property sought to be condemned is in the hands of the owner, trustee, executor, administrator, guardian or agent, or if the owner is unknown. Eminent domain. Be it further enacted by authority of the same that said mayor and council acting in the name of and on behalf of the City of Washington, Georgia shall have the full right and power to condemn and acquire any land, premises, rights of way, easements or appurtenances connected therewith, except property of an existing public utility company, whether within or without the corporate limits of the municipality, upon paying proper compensation therefor, for the purpose of establishing and maintaining an electric light or power plant, gas plant, waterworks system, sewerage or drainage system, incinerator, or sewerage disposal system, together with the necessary streams, wells, ponds, lakes, or dams, with right of way for pipes, mains, sewers, drains, poles, or lines incident to the necessary operation and maintenance of the same, or for the purpose of maintaining, extending, enlarging and improvement of any present system of the kind named, and for either or all of them and for all purposes. Provided, however, that whenever the right to condemn land, premises, rights of way, easements or appurtenances connected therewith for any purpose, as herein granted is exercised, that it shall be done in appropriate proceeding and in the manner provided by the laws and statutes of the State of Georgia relative to condemnation of private property for public uses as found in Title 36 of the Annotated Code of Georgia, Chapters 36-1 et sequitur, and all laws and parts of laws amendatory thereof. Page 2166 In all cases provided for in this Act when the power of eminent domain shall be exercised by the municipality, compensation shall be provided for the owner as required by law. Section 25. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the City of Washington, Georgia shall have full power and authority to maintain, equip, repair, extend, enlarge and improve in any way, any present system of gas, waterworks, sewerage and any electric light and power plants, for the purpose of furnishing and supplying the inhabitants of said municipality, and those residing outside the corporate limits of the municipality, and consumers generally, with water, sewerage facilities, light, power and gas, either or all of them; and to effect this end and purpose the said mayor and council shall have the right to contract with any person, firm or corporation for the purchase of, lease or grant of land, premises or easements, to be used in connection therewith, whether located within or without the corporate limits of the municipality, and if necessary to obtain the same by the power of eminent domain, except property of an existing public utility company, all as provided in this Act. Public utilities. The said mayor and council for and in the name of the City of Washington, Georgia shall have full power and authority to purchase or lease any plant, machinery or equipment, and any and all articles and things that may be necessary for the proper operation of such plant, machinery and equipment, for the purpose of repairing, enlarging, extending or improving the same; to excavate or bore wells, create ponds, lakes or dams, erect buildings and furnish the same with machinery and equipment, and to do all things that may be necessary for the proper maintenance, upkeep and improvement of said water, sewerage, light, power and gas plants, systems or facilities, or the extension or enlargement thereof. The right to repair, enlarge, keep up, extend and improve said plants or facilities shall be exercised in the discretion of the mayor and council and in the name of Page 2167 and for the benefit of the municipality, and they shall have the right and authority to make contracts with the residents of the municipality and with consumers generally, whether living within or without said corporate limits, for the furnishing of water, sewerage facilities, electric light, power and gas, either or all of them, whenever it may be deemed advisable, and they shall be authorized to fix the rates and charges for such services. Be it further enacted that the mayor and council of the City of Washington, Georgia shall have full right and authority on behalf of and in the name of the municipality to erect, build, acquire, establish and maintain a new system of waterworks, sewerage facilities, electric light and power plants, gas plants, or other public utility plants whenever it shall be deemed necessary for the growth and expansion of the municipality, and for the comfort and convenience of its inhabitants and consumers, and in order to do so they may acquire any land, easement, or other privilege, right or property, either within or without the corporate limits of the municipality, by purchase, lease, contract, or by condemnation as set out in this Act, except that condemnation shall not apply to the property of an existing public utility company; and for the necessary operation and equipment of said system or systems, plant or plants, may erect, lease or rent buildings and machinery and other equipment; repair, extend, enlarge and improve the same, and enter into such contracts as may be necessary to effectuate such purposes. Section 26. Be it further enacted by authority of the same that the provisions of this Act in regard to the purchase, lease, erecting, constructing or installing of any waterworks, sewerage and sewerage disposal systems in and for said City of Washington, Georgia shall not conflict in any way with the present waterworks system, sewerage, and sewerage disposal system now in use in said city, and provided for in part by the issuance and sale of Water and Sewerage Revenue Bonds, Series 1957, nor shall it amount to the assumption of any debt or other obligation on the part of the municipality, connected Page 2168 with or arising out of the sale of such water and sewerage bonds, other than the obligation under which said water and sewerage revenue bonds were issued, but is intended to provide a method of supplementing the water supply of the inhabitants of the municipality, and consumers living outside the corporate limits, if the same ever shall become necessary. Sewerage disposal systems. Section 27. Be it further enacted by authority of the same that said mayor and council acting by and for the City of Washington, Georgia shall have full power and authority to compel any resident or non-resident property owner owning land or premises located within or without the corporate limits of the municipality and over, across, upon or adjacent to whose property any water main, sewer main, pipes or drains may extend, or which may be hereafter extended, whether such property be occupied by the owner or tenant of the owner, to connect the same with the water or sewerage systems now in use or that may be hereafter laid out by the municipality; to compel the property owner, tenants or others, using or controlling the land, premises or buildings located thereon to pay the expenses of such connection, when done either by themselves or by the city; and authority is granted to the mayor and council in the event of the property owner, tenant, or other person shall fail or refuse to make such connection or connections, within a reasonable time after being directed so to do, to make such connection through such employee or employees as they may designate. If the property owner, tenant or other person shall refuse to pay for such expense, the expense may be assessed and collected in the manner provided for the collection of delinquent taxes due the municipality. Same. The said mayor and council shall be authorized to and may require, any and all surface wells, drywells, cesspools, pits for disposal of waste and garbage and sewerage and outdoor toilets to be filled in or closed at the expense of the property owner, and if he shall fail to do so after notification, the same may be done by the municipality with the expense to be borne by the property owner, and if he shall fail to pay the same upon request, Page 2169 it shall be collected in the manner in which delinquent taxes are collected. The said mayor and council shall be authorized to pass any ordinance or resolution as may be necessary to place these provisions of this Act into effect. Section 28. Be it further enacted by authority of the same that said mayor and council acting on behalf of the City of Washington, Georgia shall be authorized to levy and collect for general city purposes in each and every year a tax not to exceed two dollars on each one hundred dollars in value of all real estate, stock in trade, personalty and all other property that may at the time be taxable under the laws of the State of Georgia. Taxes. The order levying the tax shall be recorded on the minutes of the city and shall specify the amount assessed and levied. Section 29. Be it further enacted by authority of the same that on or before January 20th of each and every year after this Act goes into effect, the mayor and council of the City of Washington, Georgia shall select from the freeholders of the municipality, other than officials or employees of the city, three discreet and upright persons to act as appraisers of all real, personal and other kinds of property for the purposes of taxation. The term of office of such appraisers shall expire with the year in which they were appointed. The appraisers before entering upon their duties shall file in writing with the clerk of the City of Washington, Georgia an oath to well, truly and impartially perform their duties, which oath shall be administered by any person authorized by law to administer oaths in this State. Each of said appraisers shall receive as compensation for every day they are actually engaged in work the sum of ten dollars ($10.00) but not more than one hundred dollars ($100.00) shall be paid to any one of said appraisers during the period for which he was appointed. The appraisers named shall on or before the 15th day of May in the year in which they are appointed, make and prepare a just and true appraisement Page 2170 and valuation of all the property, real, personal and other kinds, situate within the corporate limits of the municipality, or subject to taxation therein, which appraisement and valuation shall be adopted by the mayor and council of the City of Washington, Georgia for the purpose of assessing and collecting taxes for that year. After such appraisement and valuation is so made upon proper forms to be provided by the municipality, each and every person, firm, corporation, or other owner of property liable for taxation by the City of Washington, Georgia shall be notified in writing of the appraised value of such property, its kind and location, the rate of tax, the total amount of tax, with the amount and date when payment is due. Such notice shall be signed by the city clerk and must be served on the property owner on or before June 15th in each and every year after such appraisement and valuation is made. Service may be made personally or by mailing such notice as ordinary mail to the last known address of the property owner. The mayor and council of the municipality shall be authorized to provide compensation out of the city treasury to the person or persons serving such notices or mailing the same. The certificate of the person serving such notice or mailing the same shall be sufficient evidence of the service of notice as provided herein. In cases where the location and description of the property is known but the name and address of the owner is unknown, and where the name of the owner is known but the address of the owner is unknown, and in all cases of a non-resident owner whose address is unknown, notice of such appraisement and valuation shall be served by posting a notice before the courthouse door in Wilkes County, Georgia where legal notices are usually posted, which notice shall briefly describe the property, its location, valuation and appraisement and rate of tax with total amount of tax due. The posting of such notice on or before June 15th of each and every year after the appraisement and valuation of said property shall have been made shall be deemed good and sufficient notice binding the property therein described for taxation. Any property owner dissatisfied with the appraisement and valuation placed Page 2171 on his property shall have the right within five (5) days after June 15th of each and every year (the first day not to be counted if falling on Sunday) to go before the board of tax appraisers and submit any facts showing wherein the appraisement and valuation of such property was erroneous, and the said tax appraisers shall sit during such time for the purpose of hearing complaints. If after such hearing before the tax appraisers the property owner is still dissatisfied with the valuation and appraisement of this property, he may, within two (2) days of the decision by the appraisers, demand an arbitration of the values fixed by such appraisement. An arbitration may be procured by handing to the city clerk a written notice requesting the same, which notice must contain the name of the arbitrator selected by the property owner. The mayor of the City of Washington, Georgia shall within two (2) days after receipt of the notice by the clerk, name an arbitrator to represent the municipality, and these two arbitrators so selected shall within two (2) days name a third arbitrator. Each of the arbitrators shall before proceeding with the arbitration take an oath before some person qualified to administer oaths in Georgia, to fairly and impartially perform their duties, and that they are not employees or office holders of the City of Washington, Georgia, nor related by blood or marriage to the applicant for arbitration within the degrees necessary to disqualify a juror in this State. Such arbitrators may proceed to hear evidence, and a result must be reached within three (3) days after the third arbitrator is named. A majority of the arbitrators may reach a result and the finding so made shall be final and conclusive on both parties. After the time for objections to said appraisements and valuations has expired and all arbitrations have been concluded, then the appraisement and valuations of said property for the taxable year shall be deemed fixed and determined, and it shall be the duty of the city clerk to prepare a tax book or record which shall show each class of property with the property owners name, or if the name is unknown it shall be so stated, the amount of the appraisement or valuation, the total valuation, rate of tax, the total tax due and the time of Page 2172 maturity. Such tax as may be assessed by the City of Washington, Georgia for the taxable year shall be due and payable on or before December 20th in each and every year. It is provided, however, that in the event any property owner desire to pay his tax in full for the year in which it is assessed, on or before August 1st in any taxable year, that he shall be entitled to a discount of four (4%) per cent on the total amount of taxes due for the entire year. Provided, that no discount shall be allowed for the payment of any taxes due for a prior year or year. Tax appropraisers, appointment, oath, compensation, duties. Taxes discounts, etc. It shall be the duty of the city clerk, after all assessments of taxes have been made for any current year, to insert a notice in the official gazette of Wilkes County, Georgia, to run for one issue, notifying the public of the time that all city taxes are due and of the time within which the discount will be allowed. It shall be the duty of the clerk of the City of Washington, Georgia after December 20th of each and every taxable year hereafter to issue a fi. fa. or execution against the taxpayer for all city taxes due by him within such year, and if the taxpayer is unknown, then the fi. fa. or execution may be issued in rem. against the property assessed for taxes. The said fi. fa. or execution shall be issued in the same manner and form as fi. fas. or executions are now issued by the City of Washington, Georgia for city taxes. The said fi. fa. or execution shall show on its face the amount due, and shall bear interest at seven (7%) percent from December 1st of the year in which taxes are due, together with the sum of one dollar and fifty cents ($1.50) added as costs, of which sum one dollar ($1.00) shall be paid to the person collecting the fi. fa. or execution and the balance paid to the city treasury. In the event the fi. fa. or execution is collected by a salaried city official the entire costs shall be paid into the treasury. The taxes herein provided for shall be levied at the same rate and in the manner provided elsewhere in this Act, and shall be collected by such officers as are herein Page 2173 authorized to levy and collect taxes for such municipality. Be it further enacted by authority of the same that in the event any property in the municipality is not discovered by the tax assessors or is about to be removed from the limits of the municipality, in order to avoid the assessment and payment of taxes, the clerk of the city shall be authorized to issue an emergency fi. fa. or execution at anytime, which fi. fa. or execution shall be signed by the mayor, against the person or property or both, which fi. fa. or execution shall be directed to the chief of police, marshal, any assistant or to the sheriff of Wilkes County, Georgia or his lawful deputies, and all other proceedings for the enforcement and collection of such fi. fa. or execution shall be the same as that provided for tax executions regularly issued as provided herein. In the event there is any property located in said city subject to taxation, wherein the name of the owner owning the property is unknown, the tax assessors shall have the right to place such property on the tax book, list or roll of the city, by specifying the kind of property and where located, without giving the owners name, and taxes shall be assessed, levied and collected on such property by the issuance of a fi. fa. or execution, to be signed by the mayor, against the property itself. All other proceedings for the collection of taxes on property where the owner is unknown to be the same as where the property is regularly assessed for taxes in the name of the owner. Section 30. As soon as the appraisers named to value and assess real, personal and all other kinds of property within the corporate limits of the City of Washington, Georgia, as set out in this Act, shall conclude their work, a meeting of the mayor and council shall be had for the purpose of fixing the tax rate for the current year, which shall not exceed the limits set out in this Act. When the rate of taxation has been fixed by the mayor and council the public shall be notified of the rate fixed for the current year by the publication of a notice in one issue of the official organ of Wilkes County, Georgia published after said tax rate has been fixed. Tax rate. Page 2174 Section 31. Be it further enacted by virtue of the authority aforesaid that the said mayor and council of the City of Washington, Georgia shall have full power and authority in each and every year to require each and every person, firm or corporation engaged in any business, trade, vocation, profession or calling within the corporate limits of the municipality, by themselves, or by their agent or agents, to register their names, business, trade, vocation or profession, or calling, and to require each and every such person, firm or corporation to pay for said registration and to obtain a license to carry on such business, trade, vocation, profession or calling, unless exempted by the laws of Georgia, such amount to be paid annually as may be provided by ordinance or resolution of the mayor and council. Business licenses. The said mayor and council may provide by ordinance or resolution for the infliction of punishment or penalty on any such person, firm or corporation, or their agent or agents who engage in or attempt to engage in any business, trade, vocation, profession or calling, without registering, obtaining a license and paying the registration fee required, or who fails to comply with any ordinance or resolution regulating such matters. In addition to the infliction of punishment or penalty as herein stated, said mayor and council may issue an execution against such person, firm or corporation, or their agent or agents who refuse to register and pay such license fees, said execution to be issued, levied and collected in the same manner as tax executions. Section 32. Be it further enacted by authority of the same that said mayor and council of the City of Washington, Georgia shall have full power and authority to grant or refuse to grant a license to any person, firm or corporation selling, handling or storing any dangerous, inflammable, explosive or combustible chemical, liquid, fuel, gas or other article that might endanger the health or safety of any resident of the municipality, or the health or safety of any other person or endanger any premises Page 2175 or property located in or being transported through the community. Privilege licenses. The said mayor and council shall have full right and authority to provide for the inspection of any premises, vehicle or other place where any of the enumerated articles or any other article dangerous to person or property may be handled, stored or transported within said municipality. Section 33. Be it further enacted by authority of the same that the said mayor and council have full power and authority to regulate, to license or refuse to license, unless prohibited by the laws of the State, any billiard or pool-room, skating rink, ten-pin alley, or any other business within said municipality where the game or games played therein are played with pins, balls, or any other device; any and all music halls, music stands, table or devices where any such are used or played, by insertion of coins or where played free for entertainment of guests, patrons or others; together with any and all places where radio, television or broadcasting systems are used for amusing and entertaining the public, or for advertising purposes. Same. The said mayor and council shall have the right to grant a license or refuse to grant a license to any person, firm or corporation, or any place of business within said municipality, using any tables, stands, machines or devices for playing any game or games with sticks, balls, rings, electric current or machinery; any shooting gallery, bowling alley, skating rink, or other place of amusement open to the public. Provided, that if any of the enumerated places or things be granted a license, that registration shall be made and a license fee paid as required by this Act. Section 34. Be it further enacted by authority of the same that the said mayor and council shall have full power and authority to license or refuse to license, to regulate and control any and all places within said municipality serving or selling foods, soft drinks, intoxicants, Page 2176 meats, ice and meals; any hotel, inn or place where meals are served or rooms rented to the public; all barber shops, beauty shops, public baths or massage places, serving or administering to the public; all garages, theaters, moving picture shows, radio stations, television stations, taxicab or other companies operating public conveyances, whether owned by persons, firms, or corporations, and to require such persons, firms or corporations to register, pay for and obtain a license, in the event the same is licensed, before engaging in any such activity or business as herein provided. Same. Section 35. Be it further enacted by authority of the same that said mayor and council are hereby authorized to provide for the granting of a license or refusing to grant the same, to each and every auctioneer, broker, itinerant dealer in jewelry, medicine, rugs, clothing or other articles of merchandise, immigration agents, circuses, palmists, fortune tellers, sideshows, carnivals, flying jenny, flying horse, merry-go-round, ferris wheel or other amusement catering to the public; to provide for the registration of the same and for the payment of a license fee for any or all of them, whether operated by a person, firm or corporation, unless the granting of such license is prohibited by the laws of this State. Same. Section 36. Be it further enacted by authority of the same that any person, firm or corporation, or agent thereof, failing to register, pay for and obtain a license for the purpose of carrying on any of the enumerated businesses, professions, vocations, trades or callings shall be deemed to have violated an ordinance of the City of Washington, Georgia, and upon conviction thereof in the recorder's or mayor's court of the municipality, shall be punished by fine, imprisonment or both, as may be provided in such ordinance or resolution. Failure to obtain licenses. It is further provided that in addition to inflicting such penalty and punishment on the offender in the recorder's or mayor's court, that a fi. fa. or execution may be issued against the person, firm, corporation or any agent of either of them, for failure to register and obtain a license Page 2177 as provided in this Act, which fi. fa. or execution may be issued, levied and collected in the same manner as tax fi. fas. or executions of the municipality are issued, levied and collected. That such fi. fa. or execution shall bear, in addition to the amount of the license tax, interest at the legal rate from the time the said payment was due, all costs and a penalty of ten (10%) percent of the license due for each and every month in which the license tax is unpaid, which penalty shall be added to and become a part of the original license fee and shall bear the same rate of interest. Section 37. Be it further enacted by authority of the same that the City of Washington, Georgia shall not levy any license, tax or fee, or require the payment of any fee or tax upon the sale or introduction into the municipality of any agricultural products raised in this State, including swine, cattle, sheep, goats and poultry, where the sale and introduction are made by the producer thereof, and the sale of such products is made within ninety (90) days of the introduction of said products into the municipality, as provided in Act General Assembly of Georgia, approved March 13, 1957, (Ga. L. 1957, pp. 607 and 608). Agricultural products. Section 38. Be it further provided that at its first regular meeting in February of each and every year after the passage and approval of this Act, said mayor and council shall provide by ordinance or resolution for the classification and taxation of the various classes of businesses, professions, vocations, trades and callings that are operated or will be operated within the limits of the municipality during the year, and shall give due notice thereof by posting a list showing such classification and the license tax due at the city hall in said city March 1st of each and every year thereafter, and such registration shall be made and the license tax paid by the person, firm or corporation liable, or the agent thereof, on or before April 1st of each and every year. Licenses, taxes, rates, etc. It is provided, however, that said mayor and council shall have the right to provide by ordinance or resolution Page 2178 to be enacted at any special or regular meeting, for the registration, licensing and payment of the license tax for any temporary operation of any business, profession, trade or calling; for the operator of any amusement or amusement device, place of amusement, carnival, circus, sideshow, shooting gallery, skating rink, palmist, fortune teller, itinerant seller of merchandise, or other person, firm or corporation, where the same does not intend to operate except for a temporary period. The said mayor and council shall be vested with all the rights, powers and authority to impose a penalty and punishment for violating any ordinance or resolution licensing a temporary operator for failure to register, pay for and obtain a license, as if said operation was intended to be for the year, and shall be authorized to enforce the collection of any such license tax imposed by the issuance and levy of a fi. fa. or execution as herein provided for the enforcement of annual registration and payment of license taxes. Section 39. Be it further enacted by authority of the same that said mayor and council shall by ordinance or resolution provide against the running at large of any domestic animal upon the sidewalks, roads, streets, lanes, alleys, parks or public squares of said city, or other public place; for the impounding and keeping of the same; for the keeping or raising of any fowls or species of fowl, domestic animal or other animal, when the keeping of such animals or fowls shall be offensive to the citizens of the municipality or injurious to their health or comfort; for the keeping, taxing and muzzling of dogs; for the inoculation of the same for rabies; for the running at large of any dog or dogs within the municipality whether the same be owned by a resident of the city or not. Animals running at large. In the event it is necessary to impound any animal where the owner is not known, or where the owner if known refuses to keep such animal confined, the municipality shall be authorized to establish a pound for the keeping of such animals, and to provide charges for feeding and keeping the same, and if any dangerous or Page 2179 diseased dog or other animal is running at large, the municipality shall be authorized to destroy the same by its officers or employees, without liability on the part of the municipality or any officer thereof. Section 40. Be it further enacted by authority of the same that in all cases where any taxes, fines, commutation taxes, or license fees are not paid when due, the mayor shall issue an execution against the delinquents, which execution shall be signed by the mayor of the city and directed to the chief of police or the marshal of the City of Washington, Georgia, or their assistants, and to the sheriff of Wilkes County, Georgia and his deputies, who shall proceed to levy and collect all such fi. fas. or executions as in cases of fi. fas. issued for State and County taxes. Fi. fas. Section 41. Be it further enacted by authority of the same that the mayor shall be the chief executive officer of the City of Washington, Georgia. It shall be his duties to see that all laws, ordinances, resolutions, rules and regulations of the mayor and council are strictly observed and enforced. He shall be authorized to name and appoint any standing or special committee or committees from the council as he may see fit, and he is made an ex-officio member of such committee or committees. Mayor, duties. The said mayor shall have full control over all employees, the clerk, the marshal and the police force of said town, and may appoint special police or watchmen whenever in his judgment he deems it necessary for the preservation of good order in such municipality and for the protection of persons and property. The mayor shall be authorized to cause the arrest and detention of any and all disorderly, drunk or riotous persons, violating any ordinance, resolution, law, rule or regulation of the municipality, and he shall be vested with all the powers of a justice of the peace in said State in regard to witnessing instruments, administering and attesting oaths, issuance of criminal warrants, and holding Page 2180 courts of inquiry or commitment. He may commit persons tried before him as a court of inquiry for trial by the appropriate court, and may admit them to bail under the same powers possessed by a justice of the peace in the State of Georgia. The said mayor shall have the same power as the recorder to try offenders and inflict punishment on persons charged with violating any of the ordinances, resolutions, rules or regulations of the city, and from his decision an appeal may be taken as in cases tried before the recorder. In case of the absence, illness or disqualification of the mayor of the city, the mayor pro tem. shall be authorized to perform all the duties of the mayor during his absence, illness or disqualification. Section 42. Be it further enacted by authority of the same that the mayor and council of the City of Washington, Georgia shall have the right to elect and appoint a recorder in and for said municipality, who shall be a freeholder, a person of good moral character, and a qualified voter under this Act. They shall have the right to fix his salary and term of office, except that the salary so fixed shall not exceed forty dollars ($40.00) per month, and provide a place where the recorder shall sit as a recorder's court. Recorder's court. The said recorder shall have jurisdiction to try in a summary manner unless a plea of guilty be entered, all persons charged with violating the laws, ordinances, resolutions, rules and regulations of such municipality, without the filing of written charges, and may impose such penalties for the violation of the same as may be prescribed by the mayor and council. He shall be authorized to sit as a court at anytime, Sundays excepted. All fines and costs imposed by him, when collected shall be paid into the treasury of the municipality. Page 2181 Any person convicted of an offense by the recorder shall have the right to appeal to the mayor and council, provided notice of such appeal is given to the recorder within three (3) days after conviction, and provided that if a fine be assessed against such person, that the fine must be paid before an appeal can be entered, the fine to be returned to him by the clerk or treasurer of the said city, in the event he is found not guilty on a final disposition of the case. The said appeal shall be held as de novo investigation, and either side shall have the right to offer evidence, and may obtain a subpoena from the recorder to insure the witnesses' attendance or production of any papers. Upon such appeal being entered and heard the mayor and council shall have the power to reverse the decision of the recorder, modify the penalty or increase the same. The recorder shall be authorized to issue criminal warrants, hold courts of inquiry, commit offenders to the proper court for trial, or admit them to bail, as in cases tried before a justice of the peace in this State siting as a court of inquiry. The said recorder, for any hearing held by him, shall have the power to summon witness, issue subpoenas for persons or for the production of papers or records, and shall have power to punish for disobedience to a subpoena or writ, or for any act of contumacy amounting to a contempt, or contempt committed in his presence while sitting as a court, with authority to fine the offender for such contempt in a sum not exceeding fifty dollars ($50.00), imprisonment in the county jail of Wilkes County Georgia not exceeding ten (10) days, or may inflict either or all of said penalties for each offense. In the event a fine is imposed and not paid, the recorder may provide an alternate sentence of imprisonment not to exceed the time stated. In the event a recorder is not named for the City of Washington, Georgia as provided in this Act, that the mayor of the municipality, and in his absence, illness or disqualification, the mayor pro tem., in addition to Page 2182 any other power or powers vested in said mayor by this Act, shall be authorized to do and perform each and every act of such city recorder, and shall have the same power and authority of such, were one named and appointed, as is set out in this Act. An appeal may be taken from the decision of the mayor or mayor pro tem. sitting as a recorder, in any case heard before either of them, as appeals are taken from the decision of a recorder as set out in this Act, except that the mayor or mayor pro tem. hearing the case originally shall not be allowed to vote on any question arising on the appeal in determining whether the sentence imposed by him acting as recorder shall be reversed, affirmed or changed. Section 43. Be it further enacted by authority of the same that it shall be lawful for the chief of police, his assistant, or any policeman or night-watchman lawfully appointed by and serving the municipality, without warrant, to arrest any and all persons violating any of the criminal laws of this State, and the ordinances, laws, resolutions, rules and regulations of this municipality, against disorderly conduct, drunkenness, rioting, fighting, quarreling, idling, loafing, loitering, disturbing the peace, or other disorderly or immoral conduct committed within the confines of the municipality, or within any residence or building therein, or upon the roads, streets, lanes, parks, alleys, squares or sidewalks of said city, and after such arrest to confine the offender in the common jail of Wilkes County, Georgia, and to admit them to bail, until said matter can be heard by the proper official. Such chief of police, his assistant, and any policeman or night-watchman lawfully appointed and serving the municipality as herein set out, shall have the right and authority to call to his assistance the sheriff of Wilkes County, Georgia or any lawful deputy, the county police of Wilkes County, Georgia, the Georgia State Patrol, or any constable or bystander, to assist him in arresting and detaining such offender or offenders. [Illegible Text] force, [Illegible Text]. They are also authorized to arrest without warrant Page 2183 and detain any escaped criminal from the State, any city or county thereof, or from another state, and such officers shall have generally all the rights and powers given to officers of this State for making arrests without warrants. Section 44. Be it further enacted by authority of the same that the recorder of said municipality, and the mayor or mayor pro tem. acting as recorder, shall have the right to take, receive and approve any appearance bond with good security in an amount to be fixed by such official, payable to the mayor of the City of Washington, Georgia, and conditioned on the accused person appearing at such time as may be fixed for a hearing on the charges against him. For good cause shown the hearing may be continued from time to time by the recorder, mayor or mayor pro tem. Same, bonds. If such bond is given the accused shall be required to be and appear at the time fixed for a hearing of the charges before the recorder, mayor or mayor pro tem., and if no appearance is made such bond may be forfeited by serving the defendant and his surety or sureties with a rule nisi in the same manner as bonds are forfeited and rule nisi served in the Superior Courts of this State, requiring them to be and appear in thirty (30) days after such service and show cause why such bond should not be forfeited. If the defendant and his sureties reside within the limits of the municipality, service of such rule nisi may be made by the chief of police of said city or any of his assistants. If the said defendant or any of his sureties reside without the limits of the municipality, service shall be made by the sheriff of this county or his lawful deputy, or by the sheriff or his lawful deputy of any other county if such defendant lives without Wilkes County, Georgia. If the defendant, any surety, or either of them, shall fail to appear as required by said rule nisi, the said bond shall be declared forfeited, and thereupon an execution or fi. fa. shall be issued by the recorder, mayor or mayor pro tem., acting as recorder, against the defendant Page 2184 and his sureties, which execution shall be levied and collected in the manner provided by this Act for the levy and collection of tax fi. fas. and executions. Any sum or sums received from such forfeitures shall be paid into the treasury of the city. The recorder, mayor or mayor pro tem. shall have the right to receive cash from the accused in lieu of personal bond, and if the offender fails to appear at the time set for the hearing, or fails to give a good reason for not appearing, the cash shall be ordered forfeited by order in writing of the officer before whom the case is heard, without the issuance and service of a rule nisi. In all cases where a cash bond is taken a receipt shall be issued to the accused by the recorder, mayor or mayor pro tem. acting as recorder. The forfeiture may be reopened for good cause shown within thirty (30) days after the cash is forfeited. Section 45. Be it further enacted by authority of the same that the mayor and council shall have the authority and right to name and designate a city physician, prescribe his compensation and duties, the city physician so named need not reside within the corporate limits of the municipality. City physician. The said mayor and council shall be authorized to comply with any law or laws affecting the public health, sanitation, control of and immunization of disease which may be in force or hereafter enacted by the State of Georgia, or the Public Health Department of the United States of America, or with any agency, bureau or department of the State or National government, and such compliance shall be shown by appropriate ordinance or resolution enacted by the mayor and council and entered on the minutes. Section 46. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the municipality shall be authorized to provide by ordinance or resolution for the acquisition, construction, building, maintenance, improvement and upkeep Page 2185 of any slum clearance project, low cost housing project or other project necessary to the development, prosperity and health of the municipality, whether such project or projects be conducted by the municipality or in cooperation with any agency, board, department or bureau of the State or Federal government, and to that end and purpose the municipality, or any board or agency appointed by it for the purposes stated, in compliance with the laws of this State or of the United States, shall have the right and authority to acquire by the exercise of eminent domain as provided by law, upon proper compensation being paid to the owner, any real estate, easement or other property necessary for such development, or the construction, building, maintenance and improvement of the same. The said mayor and council shall be authorized to comply with any and all provisions of the Urban Redevelopment Law of the General Assembly of Georgia approved March 3, 1955 (Ga. L. 1955, pp. 354 et seq.), (Annotated Code of Georgia, Chapter 69-11), and all amendments that may be hereafter made thereto. Urban redevelopment law. Section 47. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the municipality, shall be authorized to enter into any contracts authorized by law, with the State of Georgia, the United States of America, with any agency, bureau, department or authority of either of them, and with any other city, town or county within the State of Georgia for a period not to exceed fifty (50) years, for the use of the facilities and services of either of them, and for the care, maintenance and hospitalization of the indigent sick, and may do any and all acts in connection therewith as provided Article seven, Section six of the Constitution of Georgia of 1945 (Annotated Code of Georgia, Chapter 2-59), and all laws and amendments of laws hereafter enacted. Care of indigent sick. Section 48. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the municipality shall be authorized to provide for street improvements in the municipality under the Page 2186 provisions of the Annotated Code of Georgia, Chapter 69-4 and all laws amendatory thereof. These powers shall be in addition thereto and not in conflict with the other powers vested in said mayor and council by this Act relating to improvements of roads, streets, lanes, alleys, sidewalks, parks, squares and other public places in the municipality. Street improvements. Section 49. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the municipality, shall be authorized by ordinance, resolution or contract, to comply with any and all of the provisions and purposes of the Act in the General Assembly of Georgia approved March 31, 1937 (Ga. L. 1937, pp. 761 et seq.) (Annotated Code of Georgia, Chapter 87-8 and all laws amendatory thereof), said Act formerly known as The Revenue Certificate Law of 1937, now known as Revenue Bond Law, and with Article seven, Section seven, Paragraph five of the Constitution, (Annotated Code, 2-6005). Bonds. Section 50. Be it further enacted by authority of the same that the mayor and council of the City of Washington, Georgia acting for and on behalf of the municipality, shall be authorized to make and incur temporary loans between January 1st and December 31st, in each year to pay the expenses of such year upon compliance with all the provisions of Paragraph four, Section seven, Article seven of the Constitution of this State, as set out in Annotated Code of Georgia, section 2-6004 and all laws amendatory thereof. Loans. Section 51. Be it further enacted by authority of the same that the City of Washington, Georgia shall be authorized to issue bonds for public improvements or other public purposes authorized by law in accordance with and under the provisions of the laws of Georgia now in force or that may be hereafter enacted. Bonds. Section 52. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the City of Washington, Georgia are hereby Page 2187 authorized and empowered to call elections by the qualified voters of the municipality in accordance with the provisions of the Constitution and laws of Georgia and all acts and laws amendatory thereto, at such time or times as the said mayor and council shall designate in conformity with law, to determine whether or not bonds shall be issued by the municipality for the purpose of providing funds to pay the pro-rata part, as set out in this Act, of the expense of constructing, reconstructing, building, rebuilding, paving, repaving, widening, grading, regrading, improving or reimproving any or all of the roads, streets, lanes, alleys, squares, parks, byways and bridges in said municipality, or any other public place therein, or any portion thereof, for which the municipality would be liable under this Act; and for the purpose of providing funds for the expense of constructing, reconstructing, building, rebuilding, paving, repaving, widening, grading, regrading, improving or reimproving any or all of the roads, streets, lanes, alleys, squares, parks, byways and bridges in said municipality wherein the city would be solely liable for such expense; and for the purpose of providing for the payment of the whole or any part thereof, of the engineering fees and other expenses for which the municipality would be liable as provided by this Act. Bonds, elections. Section 53. Be it further enacted that any bonds provided for in this Act shall be issued and validated as provided by the laws of Georgia relating to the issuance and validation of bonds by municipalities, and the said mayor and council of the City of Washington, Georgia are authorized, empowered and required, in the event any of such bonds are issued and validated, to levy and collect a tax annually during the life of said bonds, upon all the property in the municipality liable for such tax, in addition to all the other taxes assessed and collected by the municipality, in an amount sufficient to discharge, pay off and retire the bonded debt that may be incurred under the laws of Georgia and this Act, according to the manner and terms of the issuance and validation of the said bonds, and according to the terms, stipulation and tenor of the same, providing that any Page 2188 sum or sums so realized shall be used for no other purpose. Same, how validated. Section 54. Be it further enacted by authority of the same that said that said mayor and council acting for and on behalf of the City of Washington, Georgia, shall be authorized to provide a sinking fund for the retirement of any bond or bonds issued in pursuance of this Act as may be authorized by the laws of Georgia, and to invest and reinvest the same in such securities and in such manner as is authorized by law, said sinking fund to be used for the payment of any bond or bonds issued under the provisions of this Act and the laws of Georgia and for no other purposes. Same, sinking funds. Section 55. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the municipality, shall be authorized to issue refunding bonds in the event the municipality is not able to meet or reduce any bonded debt now existing or hereafter created, as provided by Article seve, Section seven, paragraphs six and seven of the Constitution of the State of Georgia (Annotated Code, 2-6006 and 2-6007), and any amendment thereof, or as provided by any law of the State of Georgia now in force or that may be hereafter enacted, under such terms as shall be fixed by such law or by any commission created by law. Refunding bonds. Section 56. Be it further enacted by authority of the same that in the event any election for bonds called under the provisions of this Act and the laws of Georgia, shall be determined against the municipality, that the mayor and council acting for and on behalf of the municipality, shall be authorized at any time after the expiration of twelve (12) months from such election, to call another election under the provisions of this Act and the laws of Georgia, in which the qualified voters of the municipality shall be called upon to vote for or against the issuance of such bonds. Election after bond issue rejected by voters. Section 57. Be it further enacted by authority of the same that when any bonds shall be issued by the municipality Page 2189 under this Act and in accordance with the laws of Georgia, they shall be validated in the manner provided by the laws of this State then in force. Bonds, validation. Section 58. Be it further enacted by authority of the same that the mayor and council of the City of Washington, Georgia, shall have full power and authority by ordinance or resolution to establish, keep, equip, maintain and operate a fire department in and for the municipality; to provide for a chief, assistants and personnel of the same, and to provide compensation out of the city treasury therefor; to purchase, contract for, lease or rent any trucks, ladders, hose, chemical wagons, chemicals, or any other machinery, accessories and equipment that may be necessary for and used by a modern fire department; and to construct, purchase, rent or lease any building or buildings necessary to house or store the same or provide quarters for the personnel. The said mayor and council shall be authorized to make all needful rules and regulations in connection with such fire department. Fire department. Section 59. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the municipality shall be authorized to enact all ordinances, rules and regulations necessary to lay out and prescribe a fire district or districts in such city, and to enlarge, change or modify the limits thereof from time to time; to prescribe when, how and of what materials any building or buildings in such fire district or districts may be constructed, repaired or covered; how thick the walls shall be required to be constructed, and what type chimneys, stove pipes, flues and stacks for escape of smoke are to be constructed; to provide for fire escapes from buildings and how they shall be erected and of what materials, in any building in the city where the same are required, provided such provision does not conflict with the fire laws of this State, and generally to do any and all things necessary by rule, resolution or ordinance as will protect the inhabitants and the property within the municipality from danger by fire, and damage from smoke and water. Same, rules, building ordinances. Page 2190 The said mayor and council shall have the right to order and direct any change or changes in the construction or arrangement of any roof, buildings, chimneys, stove pipes, flues or stacks, and to order the removal thereof by the owner, when in their judgment the same constitute a fire or smoke hazard, and may require the owner to pay the expense of such change or removal, and if said owner refuses to do so, after being directed to make such change or removal, the said mayor and council acting by and through their employees shall have the right to remove, change, or rearrange such chimney, pipe, flue or stack at the expense of the owner. Such expense to be collected from the owner in the same manner provided for the collection of municipal taxes. The said mayor and council shall have full right and authority to provide for the storage and keeping, for sale or otherwise, of any gunpowder, ammunition, gasoline, oils, dynamite, naptha, benzine, tar, pitch, coal, rosin, kerosene, or any other combustible, explosive or inflammable chemical, material or substance; and may by ordinance or resolution prohibit the storage of the same in the municipality, when in their judgment the same constitutes a fire hazard, or is dangerous to life, property or health. Section 60. Be it further enacted by authority of the same that said mayor and council acting by and for the municipality shall have the right by ordinance or resolution to provide for the issuance, granting or refusal of permits to erect, improve, or change any building or buildings, business or residential, fence, wall, or any appurtenance thereto, and shall be authorized to require any person, firm or corporation contemplating the erection, building or improvement of any property to obtain a permit before undertaking such erection or construction. Building permits. The person, firm or corporation contemplating any such erection, building, improvement or change of any such enumerated property shall furnish to the clerk of said municipality on a printed form to be furnished by the clerk, a description of the proposed erection, building, Page 2191 construction or improvement, where the same is to be located, when the work will start, the cost of same and materials proposed to be used in the construction. This request shall be considered at any meeting, called or regular, of the mayor and council, when the applicant may be heard together with any party or parties opposing or supporting the application, and with such other evidence as the mayor and council may require. Whereupon, the mayor and council, by order entered on the minutes, shall grant or refuse the application, with the right to require such change or changes as they may deem necessary for the well being, safety and health of the community and the inhabitants thereof. Section 61. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the municipality or through any committee, board or other authority appointed or designated by it, or by the general law of this State, shall be authorized to promulgate and put into effect rules, regulations, resolutions 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, (Ga. L. 1946, p. 191 et seq.) as found Chapter 69-8 Annotated Code of Georgia and all laws amendatory thereto may be put into full force and effect wherein they relate to planning for the future development of, and the zoning and districting of said municipality for various uses and purposes, and for prohibiting other uses and purposes therein, with all the rights, restrictions, remedies and authority as contained in such law or laws and all Acts amendatory thereof. Planning. Be it further enacted that the said mayor and council shall be authorized to provide for and inflict such penalty or penalties for any violation of the zoning or districting ordinances, rules and regulations, as do not conflict with any other provision of this Act. Section 62. Be it further enacted by authority of the same that said mayor and council shall have the right and authority to establish and maintain public parks, playgrounds, swimming pools, or other places for public Page 2192 recreation and amusement, and to provide for the use thereof under such ordinances, rules and regulations as they may see fit. They shall be authorized, if they see fit, to proceed under the provisions of the Act of the General Assembly of Georgia approved February 1, 1946 (Ga. L. 1946, p. 152 et. seq.) (Annotated Code of Georgia, Chapter 69-6 Supplement), and all laws amendatory thereof. Playgrounds, etc. Section 63. Be it further enacted that said mayor and council shall have the right to acquire by purchase, rent, lease, or gift any cemetery or burying ground for the use of the public, either within or without the limits of the municipality, and shall have exclusive jurisdiction over the same, with the right to divide the same into lots, and to construct, grade, pave and improve streets and sidewalks therein; to sell and convey the lots therein to purchasers; to provide for the upkeep and maintenance of the same; to provide by ordinance or resolution for the infliction of penalties upon trespassers therein, to regulate the charge for digging graves, and to do any and all things necessary for the upkeep, preservation and maintenance of any such cemetery or burying ground. Cemetery. Section 64. Be it further enacted by authority of the same that said mayor and council may by appropriate ordinance, resolution, rule or regulation, regulate the weighing, measuring and selling of cotton, hay, ice, coal and all other commodities sold by weights and measures; to provide for the giving of honest weights and measures, and to enact ordinances, resolutions, rules and regulations whereby a system of honest weights and measures may be enforced, and to provide punishments and penalties for infractions thereof. The provisions of this section shall apply to all persons, whether living in and doing business within the corporate limits of the municipality, or bringing any of such articles or commodities within the limits of the municipality for sale. Weights and measures. Section 65. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the City of Washington, Georgia shall be authorized Page 2193 by ordinance or resolution to provide for the establishment of a board of health in and for said municipality, of which one member shall be a qualified physician, and four other members, who shall be qualified voters and freeholders of the municipality. Each member of the board shall be appointed for a term of four (4) years and shall hold office until their successors are appointed and qualified. The present board of health shall hold office until their terms of office expire. Insofar as possible the terms of office of the members of the board of health shall coincide with that of the mayor and council appointing the same, but if necessary any member of the board of health shall be appointed for a term shorter than four years until the terms of office of the board of health and of the mayor and council can be made to expire at the same time. No member of said board of health, other than the physician named, who may also serve as city physician, shall hold any other office under the City of Washington, Georgia during his term of office. The said board of health shall meet at such times and places as they may determine, and shall make such recommendations to the mayor and council as they see fit and proper touching the public health, quarantine and sanitation within the municipality, and shall make such further reports as they may be directed to make by the mayor and council. Three members of said board of health shall constitute a quorum for the discharge of business, and any vacancies on said board shall be filled by the mayor and council for the unexpired term of the member or members dying, resigning or being disqualified from serving. Board of health. The said board of health shall be authorized to cooperate with any county, State or Federal Board of Health or similar agency, and to recommend to the mayor and council any provision or provisions relating to the public health, quarantine and sanitation that may be necessary, which recommendations the mayor and council shall be authorized to put into effect and provide penalties for the violation of the same. Page 2194 The said board of health shall have full power to insitute and enforce all sanitary measures necessary for the preservation of public health, in any emergency of epidemic, in the same manner as if the same had been declared necessary by ordinance or resolution of the mayor and council. They shall exercise full power over the subject of quarantine, personal or public, and provide penalties for the same, which penalties shall be approved and fixed by the mayor and council; they shall have power to declare by resolution what acts and things are injurious to the public health; how they shall be abated, and how the public health may be preserved by the suppression of contagious or infectious diseases. The said board of health shall have supervision over the sanitary condition of the sidewalks, roads, streets, lanes, alleys, squares and parks and all other public places in the municipality, and over every place of business or private residence in the same; they shall have supervision of the sewers, drains, water closets, dump grounds, cisterns, cesspools and wells, and all other places in said municipality where waste, garbage or sewerage is disposed of, or which may be contaminated by the same; they shall have authority to inspect and examine any public or private building, cellar, residence and any premises within the municipality, and compel the enforcement of such sanitary regulations as are necessary; they shall have authority to declare what are unsanitary, infected places, or places likely to become unsanitary or infected, either upon inspection or upon information satisfactory to themselves, and may establish such sanitary and quarantine regulations as may be proper, with the approval of the mayor and council, provided such are not in conflict with any law of this State. The said board of health shall have power to recommend to the mayor and council that all undertakers, physicians, clergymen and magistrates, be required to make a report of all births, deaths and marriages occurring in said municipality, with which such persons may have had professional relations, such reports to be filed with the city clerk. Page 2195 The said board of health shall keep regular and correct minutes of all proceedings which shall be left for safekeeping with the clerk of the city and shall be open to public inspection. The mayor and council shall, upon report of the board of health declaring that a nuisance exists within the city dangerous to public health, take the necessary steps to abate such nuisance, the expense of abatement to be charged against the person or persons, firm or corporation creating or maintaining the same, such expense to be collected in the manner provided by this Act for the collection of taxes, in the event the party responsible for such nuisance shall refuse to pay the expense of abatement. In addition to requiring the responsible party to pay for the abatement of said nuisance, the mayor and council shall be authorized to inflict such fine or punishment, or both, as is provided in ths Act for the violation of any ordinance of the municipality. In the event a board of health is not created for the City of Washington, Georgia the mayor and council on behalf of the municipality, are authorized to enter into any agreement with a similar body acting for the County of Wilkes or State of Georgia, for the performance of the functions and duties of a board of health were one created. Section 66. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the City of Washington, Georgia shall have full power and authority to grant unto persons, firms and corporations, franchises enabling them to carry on the business of a public utility within the limits of the municipality, and for the purposes of the said utilities the said mayor and council shall be authorized to grant easements and rights of way over, in, upon, under, along and across the public sidewalks, roads, streets, lanes, alleys, parks, squares and other public places within the municipality for the purpose of laying, erecting, constructing, maintaining, repairing, improving or changing any poles, stays, wires, anchors, pipes, supports, cables, connections Page 2196 water mains or pipes, gas mains or pipes, or any other accessory or equipment needed for the operation of any telegraph, telephone, water, gas or electric utility within the present limits of the municipality or such limits as they may be hereafter extended. The said mayor and council shall determine the terms and conditions under which any franchises may be granted, renewed or extended, and for the term thereof. Easements. Section 67. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the City of Washington, Georgia shall have the full authority and power to provide by ordinance, resolution or regulation for the operation of taxicabs, trucks and any and all other vehicles operated for hire within said municipality for the transportation of persons, freight or other commodities; to provide for the inspection and weighing of the same; to fix rates for the fares and carriages thereof. Public transportation. The said mayor and council shall have the right, power and authority to prescribe the location of any bus or other depot, or taxi stand, for the public carriage of passengers or freight, and the place on the roads, streets, lanes, alleys or other public places of the municipality that may be used as a stopping place by such vehicles for the loading and discharge of passengers or freight, when no regular depot is provided by the owners or operators of such vehicles used for public transportation of passengers or freight. The said mayor and council shall have the power and authority to control and regulate the operation of and running of bicycles, automobiles, motorcycles, motorscooters, buses, taxicabs, trucks and any and all kinds of vehicles operated in, upon, over and across the roads, streets, lanes, alleys, sidewalks, parks, squares and public places in said municipality, whether such vehicles are propelled by hand, foot, steam, electricity, gasoline or other motive power; to prescribe and fix speed limits and speed zones for all of the enumerated vehicles; to erect stop and warning signs at dangerous intersections or Page 2197 places, at schools or other public places within the municipality, and to do any and all things to provide for the comfort and safety of the inhabitants of the municipality and for others using such roads, streets, lanes, alleys, sidewalks, parks, squares and public places. The said mayor and council shall have the right and authority to provide for the registration of the enumerated vehicles, and to prescribe the qualifications of any chauffeur or operator of such vehicles. Vehicles. The said mayor and council shall be authorized to fix and prescribe penalties for the violation of any ordinance, resolution, rule or regulation placing the provisions of this section of this Act into effect. Section 68. Be it further enacted by authority of the same that said mayor and council shall have the right to employ a city engineer, and such assistants as they may see fit, and to provide compensation for them to be paid out of the city treasury. The city engineer shall be charged with the overseeing and superintendence of all roads, streets, lanes, alleys, parks, squares, cemeteries, places of public recreation, and all waterworks, sewerage disposal plants, gas, electric light and power systems, telegraph and telephone and all other utilities operating within the municipality, or if owned by the City of Washington, Georgia, such as may be located both within and without the limits of the municipality. City engineer. The said city engineer shall be elected for such term as the mayor and council in office shall decide, and shall be subject to discharge at anytime by said mayor and council if his services are no longer considered satisfactory or no longer deemed necessary. They shall be authorized to prescribe the duties of such city engineer and assistants, and to provide for the hiring and pay of same as may be deemed necessary. They shall also be authorized to employ and provide compensation for any other employee, regular or casual, to be paid out of the city treasury, that may be required for the maintenance and upkeep of the sidewalks, roads, streets, lanes, alleys, parks, cemeteries, squares, places of public recreation Page 2198 in said municipality, for hauling, collecting and destroying waste and garbage, and for the maintenance and upkeep of any property, facility or utility owned by the municipality whether located within or without the limits of the city. Section 69. Be it further enacted by authority of the same that said mayor and council shall have the right and authority to adopt and enforce any rules, regulations, ordinances or resolutions for the protection of shade trees and shrubs in public places in said city, and to hinder and prevent the cutting or trimming of same by any public utility or its employees, unless the same be done under the direction of the city engineer and with the approval of said mayor and council or a committee thereof. They shall have authority to cause to be removed any tree or trees, shrub or shrubs, which in the judgment of the mayor and council, or any committee thereof, hinders or endangers traffic in said city, or which by reason of age or other condition is dangerous to persons and property. If the owner of the property on which any such tree or shrub is located fails or refuses to remove the same after reasonable notice from the mayor and council, they may proceed to have the same removed, the expense to be borne by the property owner, with the right to enforce the collection of such expense as tax assessments are enforced and collected. Parks. Section 70. Be it further enacted that the said chief of police and any policeman of the municipality, shall have the right and authority upon proper warrant, to break and enter any house, store, warehouse or any other place in the municipality, where they or either of them, may have reason to suspect that any crime has been or is about to be committed, or that any of the ordinances or resolutions of the municipality are being or about to be violated, and to arrest the persons therein, imprison them and admit them to bail as is provided in this Act in cases of arrest. Arrest. Section 71. It is further enacted by authority of the same that the said mayor and council acting for and on Page 2199 behalf of the municipality, shall have the right and authority to enact such ordinances, resolutions, rules and regulations to control crime or juvenile delinquency, and for that intent and purpose may enact and enforce by the proper penalties any curfew regulations relating to the use of the streets, roads, lanes, alleys, sidewalks, parks, squares and other public places in the municipality, and provide for the hours thereof when the same may be used by the inhabitants of the municipality. Ordinances, curfews. The said mayor and council shall also be authorized to provide for the assembly or assemblies, meetings or meetings of any group or body in such municipality, whereby the same would likely tend to cause a breach of the peace or public disorder. Section 72. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the municipality shall be authorized to proceed in the manner provided by laws of the State of Georgia, to exempt new industries from ad valorem taxes for a period named by law. New industries. Section 73. It is further enacted by authority of the same that said mayor and council may direct how all purchases of equipment, supplies and other articles used by and for the benefit of the municipality shall be made, and shall have the right to limit the amount of any expenditures made by any employee for the benefit of the municipality in the purchase of equipment, supplies or other articles, unless such purchase is approved by the mayor and council or by a committee set up by said mayor and council. Purchases. Section 74. It is further enacted by authority of the same that no real property owned by the municipality shall be sold to any purchaser without asking for competitive bids for at least ten (10) days before such sale, notice to be given by the running of one (1) advertisement in the official organ of Wilkes County, Georgia, and that no personal property of any kind owned by the municipality shall be sold except under the same terms, Page 2200 where the amount of the property involved exceeds the sum of three hundred ($300.00) dollars. However, it is expressly provided herein that the restriction on the sales of personal property shall not apply when any of such personalty in the nature of worn out and obsolete fire trucks and equipment, automobiles, trucks and other equipment and machinery used by the municipality is traded in as a part of the purchase price of new fire trucks and equipment, automobiles, trucks and other equipment and machinery. It is also provided that the restrictions as to sale of real estate shall not apply to sales of cemetery lots. Sale of property by city. Section 75. Be it further enacted by authority of the same, that from and after the passage of this Act the mayor and council acting for and on behalf of the municipality, may be authorized to provide a plan of group insurance for the employees of the municipality, whereby such employees can be covered by group insurance for life, accident, hospitalization, either or all of them, in some company or companies writing such insurance, and to fix the amount of contribution to be made by the municipality and the several employees of the municipality towards such group insurance. Group insurance for employees. Section 76. Be it further enacted by authority aforesaid that the enumeration of the powers of the mayor and council of the City of Washington, Georgia as contained in this Act shall not be considered as restrictions on any power or authority vested in said municipal authorities by the laws of this State, but the said mayor and council may exercise all the rights, powers, authority and jurisdiction as they might have exercised were such enumerations not made, and the said mayor and council shall be authorized to enact all ordinances, rules and regulations they may deem necessary for the general welfare of the municipality, where in this Act rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, said mayor and council may prescribe the method of exercising them or may prescribe additional regulations and mode of procedure not repugnant Page 2201 to the intent and purposes of this Act or to the laws of this State. Construction of Act. The said mayor and council shall be authorized to enter into any contract, agreement or obligation, for the promotion of the welfare and improvement of the city, and for the health, convenience and comfort of its inhabitants and for others, which is now permitted or authorized by the laws of this State or the United States, or that shall be permitted or authorized by any law or laws of this State or of the United States hereafter enacted. Section 77. Be it further enacted by authority aforesaid that in the event any paragraph, section, article, provision or provisions of this Act, in part or in whole as set out herein, be declared illegal by a court of competent jurisdiction, that such declaration shall not have the effect of destroying or impairing the validity of any other paragraph, section, article, provision or provisions of the same, but that it shall remain in full force and effect. Intent. Section 78. Be it further enacted by authority of the same that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Conflicting Acts. Notice of Local Legislation. Notice is hereby given as required by law that application will be made to the General Assembly of Georgia, next convening after the publication of this notice, for the passage of the following bill: An act to grant a new charter to the City of Washington, Georgia, by repealing the Act approved July 29, 1929 (Ga. L. 1929 p. 1396 et seq.) granting a charter to the City of Washington, Georgia, and all Acts amendatory thereof; providing that the same name, corporate limits and governing body of the municipality will be retained; by providing for the powers, rights, duties and compensation of the present mayor and council, and for the Page 2202 powers, rights, duties, compensation and time and manner of election for subsequent mayors and councilmen; to provide how the City of Washington, Georgia shall sue and be sued, for the use of a common seal, and for the right to purchase, hold, receive, enjoy, lease, sell, transfer or exchange real and personal property; to provide for the registration and qualification of voters and for holding regular and special elections; to provide for the appointment, election, salaries and duties of a chief of police and assistants, a city marshal, a city clerk and treasurer, a city recorder, a city engineer, a city attorney and other city employees and to provide compensation for the same; to designate a time of meeting for the mayor and council and designate a quorum for the discharge of business; to provide for the enactment of ordinances, rules, and regulations for the proper administration of the affairs of the municipality and to provide penalties for the violation thereof; to provide for the safekeeping and employment of prisoners; to provide that the mayor and council shall have control and authority over all streets, lanes, alleys, roads, crossings, parks, squares, swimming pools, cemeteries and other public places in the municipality, and to provide for the removal of nuisances and obstructions therefrom; to provide for the improvement, curbing, widening, straightening, laying out, grading, closing, or paving, any sidewalk, street, lane, road, alley, crossing, park, square, swimming pool or other public place in the municipality; to provide for the laying and constructing of any wires, drains, sewer pipes, gas pipes, fire plugs, electric lines, gas, sewerage, electric or water connections in said city or outside the same; to provide for the assessment of the cost, rank of the lien and method of enforcing the collection of any assessment for any public improvement; to provide for the letting of contracts for any construction, work, installation or improvement of any sort by the municipality and for the assessment and collection of the cost thereof; to provide for the exercise of the right of eminent domain to be exercised by the municipality for the condemnation of private property for public uses upon paying proper compensation therefor; to provide for the acquisition, Page 2203 establishment, extending, enlarging or maintaining any presently existing or after acquired electric light, power plant, gas plant, waterworks system, sewerage system, sewerage disposal system, whether located within or without the municipality, and to provide that nothing in this Act shall conflict with any presently existing facilities now in use by the municipality, nor with the issuance and sale of Water and Sewerage Bonds Series 1957; to provide for the use by any resident or non-resident user of any public utility or service furnished by the municipality; to provide for the assessment and collection of a tax for general city purposes, and for the assessment and collection of a license or occupation tax on businesses, professions, trades, vocations and callings and on vendors of various articles and on places of amusement and recreation, and to provide penalties for the violation of any ordinance affecting the same; to provide for the regulation of places serving food and drinks or rendering other services to the public; to provide for the assessment and valuation of real and personal property; to regulate the sale of agricultural products; to provide for the safekeeping and to prohibit the running at large of animals, and for the inoculation of dogs; to authorize the municipality through its mayor and council to cooperate with other public agencies in any matter affecting the public health, control of disease, slum clearance, housing projects, and care of the sick; to provide for holding an election for the issuance of municipal bonds and for the making of temporary loans; for the creating and maintenance of a fire department, with the right to establish fire zones, building regulations, fire regulations and to provide for the keeping and storage of articles dangerous to life, health or limb; to provide for the issuance of building permits; to provide a system of weights and measures; to provide for the establishment and maintenance of public parks, playgrounds, swimming pools, cemeteries and other public places; to provide for a board of health; to provide for the granting of franchises to any person, firm or corporation operating a public utility; to provide for the regulation of motor vehicles operating for hire and for the operation of vehicles of any sort used or operated within the city limits Page 2204 and to provide and fix speed limits and zones; to pass and enact ordinances, rules and regulations for the purpose of keeping peace and good order within the municipality and to provide for penalties for violation of the same; to provide for the exemption from taxation of new industries; to provide for the purchase of equipment and supplies and sale of real and personal property owned by the city; to provide a plan of group insurance for municipal employees, and for other purposes. This 9th day of December, 1957. Wilbur A. Orr, Jr., Member of the House General Assembly of Georgia from Wilkes County, Georgia 12-12-31800* C of W Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilbur A. Orr, Jr., who, on oath, deposes and says that he is Representative from Wilkes County, and that the attached copy of notice of intention to introduce local legislation was published in the News-Reporter which is the official organ of said county, on the following dates: December 12, 1957; December 19, 1957 and December 26, 1957. /s/ Wilbur A. Orr, Jr. Representative, Wilkes County. Sworn to and subscribed before me this 14th day of January, 1958. /s/ Frank H. Edwards (Seal). Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. Approved February 14, 1958. Page 2205 GREENE COUNTYCOMMISSIONERS' COMPENSATION, DUTIES, ETC. No. 43 (Senate Bill No. 190). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), so as to change the compensation of the chairman and the other members of the board; to change the provisions relating to the county supervisor; to change the designation of the county agent or supervisor to warden; to provide that the board shall fix the compensation of the warden and the clerk of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Roads and Revenues for Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), 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. Be it further enacted that the chairman shall be compensated in the amount of twelve hundred ($1,200.00) dollars per annum to be paid in equal monthly installments. The other members of the board shall receive ten ($10.00) dollars per diem for each regular or called meeting of the board. No other compensation or per diem shall be paid except actual travel expenses when traveling outside the limits of the county, which expenses shall be paid upon proper itemized vouchers. The compensation, per diem and expenses provided herein shall be paid from the funds of Greene County. Commissioners' compensation. Section 2. Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. Be it further enacted that the board, by unanimous vote, may elect a competent male person who Page 2206 shall be a citizen of the State of Georgia as county warden, who shall actively supervise and superintend the physical affairs of Greene County, including public roads, bridges and ferries and convicts and public works camps. Such warden shall have no other authority than that specifically delegated to him by the board and shall not be given any power to contract debts in behalf of the county, or to handle, manage, collect or disburse any funds belonging to the county. The county warden shall be compensated in an amount to be fixed by the board, which shall be payable monthly so long as he discharges the duties of his office. He shall devote his entire time to the discharge of his duties as county warden and shall not engage in any other business while employed as warden. He shall be elected for such time as may be determined by the board, but for not longer than twelve months at a time. The board is hereby granted the express right to discharge such county warden without a hearing whenever, in the judgment of the board, such discharge is for the best interest of the county. The board, however, shall give the warden thirty days notice in writing of such intended discharge. The board is empowered to make such rules and regulations as the board deems proper for the direction and conduct of the county warden, to which rules and regulations such warden shall be subject. County warden. Section 3. Said Act is further amended by striking from section 9, the words not to exceed forty dollars per months and inserting in lieu thereof the words to be fixed by the board, so that when so amended, section 9 shall read as follows: Section 9. Be it further enacted by the authority aforesaid, that said board of commissioners is further authorized and empowered to select, either from their body or without, a clerk, to keep the books and records of said board of commissioners, and of the court of said commissioners, at a monthly salary to be fixed by the board, to be paid out of county funds. Commissioners' clerk. Page 2207 Section 4. The provisions of this Act shall become effective on the first day of the month immediately following the month in which this Act is approved by the Governor, or it otherwise becomes law. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1958. DODGE COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 44 (House Bill No. 943). An Act to create a Board of Commissioners of Roads and Revenues for Dodge County; to provide for commissioner district; to provide for the election, terms of office, compensation, hours, jurisdiction, duties, bonds and oath of the commissioners; to provide for a clerk and other county employees; to provide for a superintendent of roads; to provide for filling vacancies; to provide for meetings; to provide for purchases; to provide for a quorum; to provide qualifications; to provide an effective date of this Act; to provide for a special election to make this Act effective; to prescribe the procedure connection with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the authority of the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows, to-wit: Section 1. There is hereby created a Board of Commissioners of Roads and Revenues for Dodge County, Georgia, hereinafter referred to as the board, to be composed of three members. Such board shall come into existence January 1, 1961, with the first members thereof being elected in 1960 as hereinafter provided. Commissioners. Page 2208 Section 2. For the purposes of electing the members of the board, Dodge County is hereby divided into three road districts. Road district No. 1 shall be composed of the following militia districts: Eddins district No. 384, Empire district No. 1455, Jones district No. 1454, Mullis district No. 1456, Plainfield district No. 1709, Rawlins district No. 317, and Yonker district No. 1674. Road district No. 2 shall be composed of the following militia districts: Lee district No. 349 and Mitchell district No. 364. Road district No. 3 shall be composed of the following militia districts: Chauncey district No. 1254, Clark district No. 1438, Jay Bird district No. 1881, Milan district No. 1751, McCranie district No. 1821, Pondtown district No. 339, and Vilula district No. 1702. One member from each of the three road districts shall be elected by the voters of that road district from which the person offers as a candidate. Any person offering as a candidate to represent a road district must reside in the road district from which he offers. The members of said board shall be elected at the same time that county officers for Dodge County are elected and shall hold office for a term of four years, the first term beginning January 1, 1961. The present governing authority of Dodge County shall continue control of the affairs of Dodge County through December 31, 1960. Road districts, elections. Section 3. Any person to be eligible to serve as a member of the board must be at least twenty-five years of age on the date of the election; must have resided in Dodge County at least two years immediately preceding the date of the election; must be a resident of the road district from which he offers for election; and must be qualified and registered to vote for members of the General Assembly. Qualifications of commissioners. Section 4. Before entering upon his duties each member of the board shall take an oath to faithfully perform his duties under this Act and the constitution and laws of the State of Georgia, such oath to be administered by the Ordinary of Dodge County, Georgia. Oath. Section 5. Before entering upon the discharge of his Page 2209 duties, each member of the board, the clerk and the superintendent of roads, as hereinafter provided, shall each give bond in the sum of $10,000.00 with a surety company authorized to do business in Georgia as surety, payable to the order of Dodge County, Georgia, and conditioned for the faithful performance by each of the board members, the clerk and the superintendent of roads of the duties of their respective offices and for a true accounting of all monies and effects of said county coming under his custody, possession or control. Such bond shall be filed in the office of the ordinary and shall be recorded upon his minutes. The premium on such bond shall be paid from the funds of Dodge County. Bond. Section 6. In the event a vacancy occurs on the board for any reason other than the expiration of the member's term of office, it shall be filled by special election to be called by the Ordinary of Dodge County within fifteen days after the vacancy occurs. Such election shall be held within the road district in which the vacancy exists. Such election shall be held on a day not less than ten nor more than fifteen days from the date of the issuance of the call. The ordinary shall conduct such election and the person so elected shall serve for the unexpired term. Special elections. Section 7. Each member of the board shall be compensated in the amount of $20.00 for each official meeting of the board attended by him. In addition thereto each member shall receive a per diem of $10.00 plus necessary expenses while outside the county on official business, provided, however, that the per diem and necessary expenses shall not exceed $150.00 in any year for any member. Such compensation shall be paid from the funds of Dodge County. Section 8. Two members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least two members of the board. At the first meeting in each year the board shall elect a chairman and a vice chairman to serve for that year. The chairman shall preside at all meetings of the board and shall serve as the executive officer of the Page 2210 board. In the absence of the chairman, the vice chairman shall preside. Quorum, chairman. Section 9. The board is hereby authorized to employ a clerk to be compensated in an amount to be determined by the board, not to exceed $200.00 per month, to be paid from the funds of Dodge County. It shall be the duty of the clerk to keep the minutes and records for all proceedings of the board and to discharge such other duties as the board may prescribe. Clerk. Section 10. The board is hereby authorized to employ a superintendent of roads and shall be compensated in an amount to be determined by the board. He shall perform such duties as the board may direct. Superintendent of roads. Section 11. Said board shall hold a regular court for the transaction of the public business of the county connected with county matters in the courthouse in Eastman in said County of Dodge on the first Monday in each month, or at such other time as the board may fix and determine by a proper order passed and entered on the minutes. It shall keep, or have kept, accurate minutes of all county matters transacted by it, and shall keep or have kept proper and correct books of accounts of all public monies received and expended under its direction, showing sources from which all such monies are received, and for what purposes expended. Such books shall at all times be subject to inspection by any citizen as other public books and records. It shall publish monthly in a newspaper generally circulated in said county a synopsis of the proceedings of each meeting of the board, showing plainly the business transacted at each meeting, paying for the same out of the county treasury. The board shall have the power to administer oaths and hear testimony as to all matters over which it has jurisdiction and when sitting as a court shall have power to punish for contempt under the same rules and regulations as are provided for other courts. The ordinary of said county shall each year employ a competent and expert accountant to audit the books and accounts of the board as well as the other records of said county requiring to be audited, the Page 2211 same to be paid by proper order from the county treasury. Meetings, records, hearings, reports, audits. Section 12. The cost for all sums, warrants and other papers necessary for and to the carrying on of the business of said board when sitting as a court shall be the same as are now provided by law regulating costs in justice courts of this state. Costs. Section 13. The board shall have and exercise all the powers which were vested by law in the judges of the inferior courts and the ordinary when sitting for county purposes and the sole Commissioner of Roads and Revenue of Dodge County, Georgia. The board is hereby given complete power, authority and control relative to county matters of Dodge County. The board is hereby authorized to employ necessary personnel and fix their compensation to assist in the performance of the duties imposed by this Act. Powers, purchases. The board shall make all purchases for Dodge County and shall make all purchases over $1,000.00 on a competitive bid basis. The board shall not expend any funds of Dodge County in payment of purchases made in violation of this section. Section 14. Said board shall annually on or before April 1st in each year employ the services of a Certified Public Accountant of the State of Georgia who shall audit the books and accounts of the board, the treasurer, tax commissioner and sheriff. A Certified Public Accountant shall be selected by the Judge of the Superior Court of Dodge County. The report of said audit shall be in writing and manually signed by said accountant, and when received by the board, shall be published in the official organ of Dodge County, Georgia, with the cost of such publication at regular fees of legal advertisements to be paid out of the county treasury as other expenses of the county are paid. Audits. Section 15. The board shall, at least ten days before the day of holding any primary election in Dodge County Page 2212 for the election of county or state officers, cause to be published once in the official organ of Dodge County a list of the voters registered and qualified to vote in such elections; and within ten days after the votes have been consolidated in such election likewise publish a list of the electors who voted in such election; with the cost of such publication at regular fees of legal advertising to be paid out of the county treasury as other expenses of the county are paid. Publication of voters lists. Section 16. All laws and parts of laws in conflict with this law, and in particular that certain Act of the General Assembly approved August 19, 1912, No. 573, creating the office of Commissioner of Dodge County, Georgia, are hereby repealed. Repeal of prior law. Section 17. This Act shall not become effective until approved by a majority of the voters voting in an election to be held and called as herein provided for. Within ten days from the passage of this Act and approval by the Governor of the State of Georgia, the Ordinary of Dodge County, Georgia, shall call an election of the voters of Dodge County, said election to be held not less than twenty days nor more than thirty days from the date of such call. The Ordinary of Dodge County shall advertise in each week's issue of the official organ of Dodge County, Georgia, from the date of the calling of said election to the date of holding the same, the fact that an election will be held on the date set by him for the purpose of voting for or against a Board of Commissioners of Roads and Revenues of Dodge County. Registration for said election, and said election shall be governed by the general state law relating to special elections. At said election each elector shall be given a ballot having printed thereon FOR Board of Commissioners of Dodge County and AGAINST Board of Commissioners of Dodge County. If a majority of the votes cast at said special election are in favor of FOR Board of Commissioners of Dodge County, this Act shall become effective as herein stated. If a majority of the votes cast at said special election are AGAINST Board of Commissioners of Dodge County, this Act shall not go into effect. Referendum. Page 2213 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1958 January session of the General Assembly of Georgia a bill to create a three member Board of Commissioner of Roads and Revenues for Dodge County, Georgia, to become effective January 1, 1961, and for other purposes. R. T. Wright, Representative, Dodge County, Georgia. Georgia, Dodge County. Personally appeared before me the undersigned officer authorized to administer oaths, R. T. Wright, who on oath says that he is Representative from Dodge County, Georgia, and that the foregoing notice of intention to introduce local legislation was published in the Times-Journal, the official organ of Dodge County, Georgia, on the 1st, 8th and 18th days of January, 1958. /s/ R. T. Wright. Sworn to and subscribed before me, this February 3, 1958. /s/ Janette Hirsch, (Seal) Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. Approved February 19, 1958. OCONEE COUNTYCOMMISSIONERS' COMPENSATION. No. 45 (House Bill No. 918). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Oconee, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, by an Act approved August 19, 1919 (Ga. L. 1919, p. 710), an Act approved July 21, 1925 (Ga. L. 1925, p. 727), an Act approved August 15, 1929 (Ga. L. 1929, p. 682), an Act approved February 5, 1933 (Ga. L. 1933, p. 642) and an Act approved February 5, 1952 (Ga. L. 1952, p. 2036), so as to increase the compensation of the chairman and members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 2214 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 Oconee, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, by an Act approved August 19, 1919 (Ga. L. 1919, p. 710), an Act approved July 21, 1925 (Ga. L. 1925, p. 727), an Act approved August 15, 1929 (Ga. L. 1929, p. 682), an Act approved February 5, 1933 (Ga. L. 1933, p. 642) and an Act approved February 5, 1952 (Ga. L. 1952, p. 2036) is amended by striking from section 12 thereof the words and figures, twenty-seven hundred ($2700.00), and inserting in lieu thereof the words and figures, thirty-six hundred ($3600.00), and by striking the words and figures, ten dollars ($10.00) per meeting, and inserting in lieu thereof the words and figures, twenty-five dollars ($25.00) per month, so that said section, as amended hereby, shall read as follows: Section 12. Be it further enacted, that the chairman of said board of commissioners of roads and revenues shall be paid the sum of thirty-six hundred ($3600.00) dollars per annum, payable in equal monthly installments, for his services, and the other members of said board shall be paid the sum of twenty-five dollars ($25.00) per month for their services. Section 2. This Act shall become effective the first day of the month following the month in which it is approved by the Governor or otherwise becomes a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2215 Notice of Intention to ask for Local Legislation. Notice is hereby given that I will introduce a local bill in the present General Assembly of Georgia so as to increase the compensation of the chairman and members of the Board of Commissioners of Oconee County and for other purposes. This the 13th day of January, 1958. D. Mayne Elder, Representative Oconee County. 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 from Oconee County, and that the attached copy of notice of intention to introduce local legislation was published in the The Oconee Enterprise which is the official organ of said county, on the following dates: January 17, January 24, and January 31, 1958. /s/ D. Mayne Elder, Representative, Oconee County. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Janette Hirsch, (Seal) Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. Approved February 19, 1958. Page 2216 DODGE COUNTYCOMPENSATION OF CLERK TO TAX COMMISSIONER. No. 46 (House Bill No. 879). An Act to amend an Act creating the office of Tax Commissioner of Dodge County, approved March 24, 1933 (Ga. L. 1933, p. 506), as amended, particularly by an Act approved February 11, 1952 (Ga. L. 1952, p. 2274), so as to change the compensation of the Clerk of the Tax Commissioner of Dodge County; 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 Dodge County, approved March 24, 1933 (Ga. L. 1933, p. 506), as amended, particularly by an Act approved February 11, 1952 (Ga. L. 1952, p. 2274), is hereby amended by adding a new section, to be known as section 5A, to read as follows: Section 5A. Be it further enacted by the authority aforesaid that there is hereby created in the office of Tax Commissioner of Dodge County, Georgia, the office of clerk of the tax commissioner, which said clerk shall be appointed by the Tax Commissioner of Dodge County, Georgia, to hold office at his pleasure. Said clerk shall be paid a monthly salary of $125.00 per month by Dodge County, and such compensation shall be in addition to all other salaries, fees, costs and remunerations now or hereafter allowable to the Tax Commissioner of Dodge County, Georgia. The tax commissioner may, or may not, require such clerk to give bond, in such amount he deems proper, for the faithful performance of his duties. The clerk shall assist the tax commissioner in the performance of the duties of his office and such other duties as the tax commissioner may direct. The tax commissioner shall be responsible for all acts of his clerk. Section 2. Said Act, as amended, is further amended by striking in its entirety, section 4 of the aforesaid amendatory Act of 1952. Repeal of section of 1952 Act. Page 2217 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 1958 session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of the Tax Commissioner of Dodge County; and for other purposes. This 8th day of January, 1958. Frank P. Holder, Jr. Senator, 48th District. R. T. Wright, Representative, Dodge County. (1-8-3tc.) 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 published in the The Times-Journal which is the official organ of said county, on the following dates: January 8, January 15, and January 22, 1958. /s/ R. T. Wright, Representative, Dodge County. Sworn to and subscribed before me, this 30th day of January, 1958. /s/ Janette Hirsch (Seal) Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. Approved February 19, 1958. Page 2218 CITY OF WAYNESBOROCORPORATE LIMITS. No. 49 (House Bill No. 650). An Act to amend an Act incorporating the City of Waynesboro, approved December 15, 1893 (Ga. L. 1893, p. 348), as amended, particularly by an Act approved February 17, 1947 (Ga. L. 1947, p. 66) and an Act approved February 9, 1949 (Ga. L. 1949, p. 357), so as to increase the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Waynesboro, approved December 15, 1893 (Ga. L. 1893, p. 348), as amended, particularly by an Act approved February 17, 1947 (Ga. L. 1947, p. 66) and an Act approved February 9, 1949 (Ga. L. 1949, p. 357), is hereby amended by adding a new section 1-A, to read: Corporate limits. Section 1-A. In addition to the area described in section 1, the corporate limits of the City of Waynesboro shall extend and embrace that area within a radius of 6,803 feet from the center of the Burke County Court House. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Burke County. I, W. C. Rogers, do hereby certify that I am assistant publisher of The True Citizen, the newspaper in which sheriff's advertisements appear for said Burke County, and the attached copy of a notice that the mayor and council would apply for an amendment to the charter of the City of Waynesboro to extend the corporate limits of the city was published in said newspaper on the following dates: December 12, 1957, December 19, 1957 and December 26, 1957. /s/ William C. Rogers. Page 2219 Sworn to and subscribed to before me, this the 3rd day of January, 1958. /s/ H. Cliff Hatcher, N. P. State of Georgia, at Large. Waynesboro Territorial Extension. Notice is hereby given, that an amendment will be introduced in the General Assembly of Georgia in January, 1958 as follows: An Act to amend the charter of the City of Waynesboro being an Act to amend and renew the various Acts incorporating the Town of Waynesboro, and which makes the same a city, and all Acts amendatory thereof approved December 15, 1893 (Ga. L. 1893 p. 348-353) as amended by an Act approved December 9, 1895, being an Act to extend the corporate limits of said city (Ga. L. 1895 p. 331) and as amended by an Act approved August 11, 1908, being an Act further extending the corporate limits of the city (Ga. L. 1908 p. 967-968) and as amended by an Act approved August 15, 1910, being an Act dividing the territory embraced within the corporate limits of said city into wards and for other purposes (Ga. L. 1910, p. 1232-1234), and as amended by an Act approved February 17, 1947, being an Act further extending the corporate limits of the city, (Ga. L. 1947 p. 66-68), so as to further extend the corporate limits of said city, to take in additional territory adjacent to present boundary or corporate limits of said city, to designate the wards in which said additional territory shall be, to define the laws for governing all territory within the extended limits, and for other purposes. The Mayor and Council of Waynesboro, By: B. H. Brooks, Jr., Mayor P. W. Carswell, T. Watson Mobley, Representatives from Burke County. Approved February 19, 1958. Page 2220 CITY OF EASTMANCORPORATE LIMITS. No. 50 (House Bill No. 944). An Act to amend the charter of The City of Eastman; to amend that certain Act of the General Assembly, August 6, 1921, (Ga. L. 1921, p. 833 et. seq.), so as to extend the corporate limits of The City of Eastman; 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 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 Act 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 3A and to read as follows: Section 3A. The corporate limits of the City of Eastman shall also embrace and shall also include all of the following described territory within the following boundaries, to-wit: (a) All that tract or parcel of land situate, lying and being in the fifteenth (15th) land district of Dodge County, Georgia, and being that part of lot number ten (10) described as follows: Begin at the south corner of said lot and run the southwest lot line in a direction of north forty-five degrees (45) west a distance of four hundred ninety (490) feet to U. S. Highway No. 341; thence along said highway in a direction of south eighty-eight degrees (88) east a distance of six hundred seventy (670) feet to Ninth Avenue; thence along Ninth Avenue in a direction of south forty-five (45) west a distance of four hundred fifty-six (456) feet to the point of beginning and containing two and fifty-six hundredths (2.56) acres, more or less; Corporate limits. (b) All that tract or parcel of land situate, lying and being in the fifteenth (15th) land district of Dodge Page 2221 County, Georgia, and being that part of lot number ten (10) described as follows: Begin at the west corner of the intersection of Pine Drive, sometimes called Lee Street, and Ninth Avenue (which said beginning point is within the present corporate limits of the City of Eastman) and along Ninth Avenue a distance of one hundred forty-four (144) feet to a stake, in a direction of south forty-five degrees (45) west; thence in a direction of north forty-five degrees (45) west a distance of three hundred sixty (360) feet; thence in a direction of south forty-seven degrees (47) west a distance of eight hundred forty-eight (848) feet to a stake; thence in a direction of north forty-five degrees (45) west a distance of seven hundred two (702) feet to a stake; thence in a direction of north forty-five degrees (45) east a distance of twelve hundred seventy-five (1275) feet to Pine Drive or Lee Street; thence along said Pine Drive south forty-five degrees (45) east five hundred (500) feet and south twenty degrees (20) east six hundred seventy (670) feet to the point of beginning and containing twenty-three (23) acres, more or less; (c) All of that part of lot of land number twenty-two (22) in the fifteenth (15th) land district of Dodge County, Georgia, bounded on the northwest, northeast and southeast by original lot lines and on the southwest by that certain street known as Congo Lane; (d) All that certain tract or parcel of land situate, lying and being in lot of land number ten (10) in the fifteenth (15th) land district of Dodge County, Georgia, adjoining the northwest city limit line of the City of Eastman and contained within the area bounded on the northwest by Twelfth Avenue, on the northeast by Oak Street, on the southwest by Eleventh Avenue or Lee Street and on the southwest by Laural Street or Pine Drive; (e) All that tract or parcel of land situate, lying and being in the fifteenth (15th) land district of Dodge County, Georgia, known as the W. Fitzgerald lands as shown and delineated on the plat of a survey dated Page 2222 April 22, 1926, and recorded in the office of the Clerk of Dodge Superior Court in plat book 26, page 97, and by reference incorporated in this Act, and being further identified as the property included, along with other property, within the following boundaries: Bounded on the northwest by Fourteenth Avenue or Maple Street, on the northeast by Oak Street, on the southeast by the present Eastman city limit line and on the southwest by lands of Mrs. J. M. Willcox, Mrs. Ruby Thomas and Tom Bryant; (f) All that tract or parcel of land situate, lying and being in the fifteenth (15th) land district of Dodge County, Georgia, and being that part of lot of land number ten (10) lying on the southwest side of the Eastman-Cochran Highway, also known as U. S. Highway No. 23, described as follows: Begin at a point on the southwest right of way line of said highway which is south forty-four degrees (44) east eleven hundred forty-seven (1147) feet from the point of intersection of the northwest lot line of said lot with the southwest highway right of way line and which beginning point is the north corner of lands of Alton Wright or the point of intersection of Fourteenth Avenue or Maple Street with said southwest right of way line of said highway; thence run along said highway in a direction of north forty-four degrees (44) west a distance of six hundred forty-seven (647) feet to a point; thence at right angles in a direction of south forty-five degrees (45) west a distance of thirteen hundred forty-six and six tenths (1346.6) feet to a stake; thence at right angles in a direction of south forty-four degrees (44) east a distance of six hundred forty-seven (647) feet to a stake; thence in a direction of north forty-four degrees (44) east a distance of thirteen hundred forty-six and six tenths (1346.6) feet to said highway, the point of beginning and containing twenty (20) acres, more or less, and being further identified as the Dodge High School property; (g) All that tract or parcel of land situate, lying and being in lot of land number three hundred ten (310) in Page 2223 the sixteenth (16th) land district of Dodge County, Georgia, described as follows: Begin at a point on the northeast side of the Eastman-Cochran Highway, also known as U. S. Highway No. 23, which point of begining is five hundred fifteen (515) feet north and forty-five degrees (45) west from the north corner of the intersection of Maple Street and said highway and which beginning point is also the north corner of the intersection of a certain unnamed road with said highway; thence run along the northwest side of said unnamed road in a direction of north forty-five degrees (45) east a distance of five hundred thirty-eight (538) feet to the right of way of the Southern Railway Company; thence along said right of way in a direction of north fifty-three degrees (53) west a distance of two hundred forty-three (243) feet to a fence; thence along said fence in a direction of south forty-five degrees (45) west a distance of five hundred (500) feet to said Eastman-Cochran Highway; thence along said highway in a direction of south forty-four degrees (44) east a distance of two hundred forty (240) feet to the point of beginning and containing two and eighty-six hundredths (2.86) acres more or less. Section 2. All laws and parts of laws in conflict with this law 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 1958 session of the General Assembly of Georgia, convening in January, 1958, a bill to amend the charter of the City of Eastman so as to extend the corporate limits of said city; and for other purposes. This January 1, 1958. R. T. Wright, Representative, Dodge County, Georgia. Page 2224 Georgia, Dodge 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, Georgia, and that the foregoing copy of notice of intention to introduce local legislation was published in the Eastman Times-Journal, which is the official organ of said county, on the following dates: January 1, January 8, and January 15, 1958. /s/ R. T. Wright, Representative, Dodge County, Georgia. Sworn to and subscribed before me, this January 31, 1958. /s/ Pauline B. Holder, Notary Public. Approved February 19, 1958. CITY OF KENNESAWCHARTER AMENDED. No. 58 (House Bill No. 989). An Act to amend an Act creating a new charter for the City of Kennesaw, approved February 16, 1950 (Ga. L. 1950, p. 2506 et seq.), as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2826, et seq.), so as to extend the territorial limits of said city; to provide requirements of candidates for mayor and councilmen; to provide a change in the compensation of the clerk and treasurer, mayor and councilmen; to provide a recorder's court to replace the police court; to provide a recorder; to provide for the compensation of the recorder; to transfer the duties of the mayor, mayor pro tem. and councilmen with relation to the police court, to the recorder; to provide that the mayor shall serve in the absence of Page 2225 the recorder, and the mayor pro tem. shall serve in the absence of both; 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: Section 1. An Act creating a new charter for the City of Kennesaw, approved February 16, 1950 (Ga. L. 1950, p. 2506 et seq.), as amended, by an Act approved December 18, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 2826 et seq.), is hereby amended by adding a new section to be known as section 2 (a), which shall be inserted between sections 2 and 3 of said Act, which said new section shall read as follows: Section 2 (a). Be it further enacted, that there shall be included in the corporate limits of the City of Kennesaw, in addition to the area described in section 2 of this Act, all of the area embraced within the following described parcels and tracts of land that is not included in the said area described in section 2: Parcel No. 1All that tract or parcel of land lying and being in original land lots numbers 167, 166 and 139 of the 20th district, 2nd section, Cobb County, and more particularly described as follows: Corporate limits. Beginning at a point on the present radial city limits where the northwest side of Due West Road intersects said radial city limit and running thence southwesterly for a distance of 1300 feet, more or less, to a point and corner located in land lot number 166; thence west for a distance of 360 feet, more or less; thence south to the southern boundary line of land lot number 166; thence west along the southern boundary line of land lot 166 for a distance of 1100 feet, more or less; thence north for a distance of 2640 feet, more or less to a point and corner located in land lot number 139; thence northwesterly for a distance of 760 feet, more or less, to the southwest side of U. S. 41, 4 Lane Highway; thence Page 2226 northeasterly to the present radial city limits. All as shown on plat made by Albert L. Clay, Surveyor, January 2, 1958, recorded in plat book 17, page 27, Cobb County records, reference to said plat being hereby made for a more complete description, delineations and locations of said tract or parcel of land. Parcel No. 2The west half of original land lot one hundred thirty-seven (137) of the twentieth (20th) district, second (2nd) section of Cobb County, Georgia, containing eighty (80) acres more or less. Parcel No. 3All that tract or parcel of land lying and being in original land lot No. 130 of the 20th district, 2nd section of Cobb County, Georgia, as shown on plat of survey prepared by Merritt Welker, Engineers, dated July, 1957, and recorded in plat book 16, page 88, Cobb County records, and being more particularly described as follows: Beginning at an iron pin on the south line of said land lot No. 130, said iron pin being located 54.4 feet east of the southwest corner of said land lot; running thence north 87 degrees 21.5 minutes east 1,167.5 feet to an iron pin located on said south land lot line; running thence north 49 degrees 26 minutes west for a distance of 1,517 feet to an iron pin; running thence south 13 degrees 32 minutes west for a distance of 223 feet to an iron pin; running thence south 76 degrees 42 minutes east for a distance of 250 feet to a marker; running thence south 21 degrees 22 minutes west for a distance of 529.6 feet to an iron pin; running thence south 2 degrees 33 minutes west for a distance of 278.6 feet to an iron pin and the point of beginning; said tract containing 12.839 acres. Parcel No. 4All that tract or parcel of land lying and being in land lots 129 and 130 of the 20th district, 2nd section, Cobb County, Georgia, and more particularly described as follows: Beginning at an iron pin corner on the east right-of-way Page 2227 line of Shiloh Road, where the common boundary line between Paul L. Wood and W. R. Atkins property intersects said Shiloh Road right-of-way, and running thence along said property line S 75 degrees 15 minutes E for a distance of 443.4 feet; thence along the south boundary line of Paul L. Wood property S 49 degrees 26 minutes E for a distance of 391.4 feet; thence along a 425 foot radius line in a northwesterly direction for a distance of 147.1 feet to a point, said point being located 25 feet north of the said Paul L. Wood boundary line; thence continuing along a line parallel to and a distance of 25 feet from the said south boundary line of the Paul L. Wood property N 49 degrees 26 minutes W for a distance of 252.2 feet; thence continuing parallel to and a distance of 25 feet from the said Paul L. Wood south boundary line N 75 degrees 15 minutes W for a distance of 447.3 feet to the east right-of-way line of Shiloh Road; thence along the said east right-of-way line of Shiloh Road S 19 degrees 01 minutes W for a distance of 25 feet to an iron pin and point of beginning, said tract being a 25 foot strip of land off of the south side of the Paul L. Wood property, as shown on plat by Merritt Welker, Engineers, dated July, 1957, recorded in plat book 16, page 88, Cobb County records. Parcel No. 5All that tract or parcel of land lying and being in land lots 129 and 130 of the 20th district, 2nd section, Cobb County, Georgia, and more particularly described as follows: Beginning at an iron pin corner on the east right-of-way line of Shiloh Road, said iron pin being where the common boundary line of the W. R. Atkins and Paul L. Wood property intersect the east right-of-way line of Shiloh Road, and running thence along said common boundary line S 75 degrees 15 minutes E for a distance of 443.4 feet to an iron pin corner; thence along the boundary line of the H. S. Willingham property S 13 degrees 32 minutes W for a distance of 25.5 feet; thence in a northwesterly direction along a 375 foot radius line for a distance of 108.65 feet to a point, said point being 10 feet south of the aforementioned boundary line; Page 2228 thence parallel to and a distance of 10 feet from the aforementioned boundary line N 75 degrees 15 minutes W for a distance of 337.73 feet to the east right-of-way line of Shiloh Road; thence N 19 degrees 01 minutes E along the east right-of-way line of Shiloh Road for a distance of 10 feet to an iron pin corner and point of beginning, said tract being a 10-foot strip of land off of the W. A. Atkins property, as shown on plat by Merritt Welker, Engineers, dated July, 1957, and titled `Property of H. S. Willingham', recorded in plat book 16, page 88, Cobb County records. Parcel No. 6All that tract or parcel of land lying and being in original land lots Nos. 101, 127, 128, 139 and 140 of the 20th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the present radial city limit where the northeast side of old U. S. Highway 41 intersects said radial city limit, and running thence northeasterly along the said radial city limit for a distance of 1030 feet more or less to a point; running thence north 89 degrees 70 minutes west for a distance of 116 feet to a point; running thence north 0 degrees 42 minutes west for a distance of 165 feet to a point; running thence north 19 degrees 53 minutes east for a distance of 182 feet to a point; running thence north 1 degree 22 minutes west for a distance of 310 feet to a point; running thence north 52 degrees 48 minutes east for a distance of 91 feet to a point; running thence north 30 degrees 50 minutes east for a distance of 220 feet to a point; running thence north 25 degrees 25 minutes east for a distance of 271 feet to a point; running thence south 85 degrees 15 minutes west for a distance of 1229 feet to a point; running thence north 1 degree 22 minutes west for a distance of 826.6 feet to a point; running thence north 88 degrees 49 minutes east for a distance of 318.1 feet to a point; running thence north 0 degrees 14 minutes east for a distance of 839.5 feet to a point; running thence south 88 degrees 59 minutes west for a distance of 502.4 feet to a point; running thence south 0 degrees 14 minutes west for a distance of 840 feet to a point located on the south line of land lot 101; running thence south 88 degrees 49 minutes west for a distance of 400 feet to a point; running thence south 1 degree 11 minutes east for a distance of 1460.3 feet to a point; running thence south 74 degrees 00 minutes east for a distance of 454.8 feet to a point; running thence south 22 degrees 20 minutes west for a distance of 709.4 feet to a point located on the northeasterly side of said old U. S. Highway 41; running thence north 45 degrees 35 minutes west for a distance of 378.4 feet to a point; running thence south 41 degrees 27 minutes west for a distance of 195.9 feet to a point; running thence south 27 degrees 09 minutes west for a distance of 1413.2 feet to a point; running thence north 89 degrees 20 minutes east for a distance of 1570 feet more or less to a point located on said radial city limit; running thence northeasterly along said radial city limit line for a distance of 680 feet more or less to the northeast side of said old U. S. Highway 41 and the point of beginning. Said property is more fully shown and delineated upon a plat of survey prepared of the Kennesaw, Georgia, City Limit Extension by Merritt Welker, Engineers, dated February, 1958. Page 2229 Section 2. Said Act, as amended, is further amended by striking therefrom section 14 in its entirety, and substituting in lieu thereof a new section 14 to read as follows: Section 14. Be it further enacted, that no person shall be eligible for the office of mayor or councilman of said city unless he shall be a freeholder owning real estate in said city and shall have resided in said city one year immediately preceding his election, and shall be entitled to register under the registration laws which may be in force at that time in said city, and shall be a qualified voter eligible to vote in municipal elections for officers of said city, and shall not have been convicted of any crime involving moral turpitude. The name of no candidate for mayor shall be placed on the ballot in elections for mayor unless such candidate shall file Page 2230 with the clerk of said city fifteen days prior to the election in which he desires to be a candidate (legal holidays and Sundays excluded), his written notice that he desires that his name be placed on said ballot as a candidate for mayor, and post at the time a $15.00 qualification fee. The name of no candidate for councilman shall be placed on the ballot in election for councilmen unless such candidate shall file with the clerk of said city fifteen days prior to the election in which he desires to be a candidate (legal holidays and Sundays excluded) his written notice that he desires that his name be placed on said ballot as a candidate for councilman, and post at the time a $10.00 qualification fee. Such written notice shall be in such form and contain such information as the mayor and council may from time to time provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person shall post said fee and file said above notice within the time as herein provided. Mayor and councilmen. Section 3. Said Act, as amended, is further amended by striking from section 20 the following words, Provided, however, the salary of the mayor of said city shall not exceed the sum of one hundred dollars ($100.00) per year; the salary of the members of council shall not exceed the sum of fifty dollars ($50.00) per year; the salary of the clerk and treasurer shall not exceed the sum of two hundred dollars ($200.00) per year, but the salary of the marshal or chief of police and all policemen shall be set by the mayor and council and may be changed at any time in their discretion., and substituting in lieu thereof the following words, Provided, however, that the salary of the mayor of said city shall not exceed the sum of three hundred dollars ($300.00) per year, payable in twelve equal installments; that the salary of the mayor pro tem. of said city shall not exceed the sum of two hundred forty dollars ($240.00) per year, payable in twelve equal installments; and that the salary of the members of council shall not exceed the sum of one hundred eighty dollars ($180.00) per year, payable in twelve equal installments.; and by also striking from the end of the Page 2231 fifty sentence of such section the words, which, when once fixed, shall not be increased during the term of office of the said mayor, council or other officers., and substituting in lieu thereof a comma and the following, which may be changed at any time in their discretion.; so that said section, when so amended, shall read as follows: Salaries. Section 20. Be it further enacted, that at the first regular meeting of the mayor and council in January, 1954, and annually thereafter, the mayor and council shall elect a town clerk and treasurer, and the treasurer shall give bond with security in the sum of not less than One Thousand Dollars ($1,000.00) for the faithful performance of his duties. They shall elect a city attorney and such other officers as the mayor and council may by ordinance prescribe. The mayor and council, in their discretion, may elect a marshal who may be designated as chief of police; and may, in their discretion, employ policemen as they deem it necessary. All bonds of all officers shall be made payable to the City of Kennesaw. The mayor and council shall have the power and authority to suspend and remove said officers in their discretion, and it shall be the duty of the mayor and council to fix the salaries or compensation of the mayor and council and all other officers, agents and employees of said city, which may be changed at any time in their discretion. Provided, however, that the salary of the mayor of said city shall not exceed the sum of three hundred dollars ($300.00) per year, payable in twelve equal installments; that the salary of the mayor pro tem. of said city shall not exceed the sum of two hundred forty ($240.00) per year, payable in twelve equal installments; and that the salary of the members of council shall not exceed the sum of one hundred eighty dollars ($180.00) per year, payable in twelve equal installments. All expenditures of the mayor and council for city purposes shall be paid out of city funds by an order drawn by the city clerk after the mayor and council shall have allowed same. Section 4. Said Act, as amended, is further amended Page 2232 by striking the following words from section 5 of said Act, to preside in the police court of the City of Kennesaw, and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said city; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such police court or contempt of council by imposing such sentence of penalty as may be authorized by the ordinances of said city, so that section 5, when amended, will read as follows: Police court abolished. Section 5. Be it further enacted, that the mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinance; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and council of said city are faithfully executed and enforced; to appoint and be an ex officio member of all committees; to see that all funds are properly and promptly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of said city; to inspect or cause to be inspected by one or more of the councilmen of said city the records and books of account of the officers of said city and see that they are properly and correctly kept to require such reports be made by such officers, to the council as he may deem proper; to see that order is maintained in said city and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the council in extra session as frequently as he may deem proper; to bind said city by signing any contract, obligation or other matter entered into and authorized by ordinance or resolution of the council of said city, properly passed in accordance with the provisions of this Page 2233 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. Duties of mayor. Section 5. Said Act, as amended, is further amended by striking in its entirety section 22, relating to the Police Court, and inserting in lieu thereof a new section 22 to read as follows: Section 22. Be it further enacted, that there is hereby created a recorder's court for the trial of all offenders against the laws and ordinances of said city. Said court shall be presided over by a recorder. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, to punish for contempt, and to exercise all the powers incidental to a police court. Said court shall have the power to punish all violations of this charter, or of any ordinance of said city, by a fine not to exceed one hundred dollars ($100.00); by imprisonment in the city jail not to exceed thirty (30) days; or by work on the streets, sidewalks, or public works of said City of Kennesaw, not to exceed thirty (30) days; or by one or more, or all of these punishments, as the recorder may in his discretion see fit to impose. The fines imposed under this section may be collected by execution against the defendant and against his property. Recorder's court created. Section 6. Said Act, as amended, is further amended by adding a new section thereto, to be known as section 22 (a), which shall be inserted between sections 22 and 23 of said Act, and which said new section shall read as follows: Section 22 (a). The mayor and council shall appoint someone either resident or non-resident of the City of Kennesaw to act as recorder of the recorder's court, and shall fix the term of office and compensation of the recorder. In the absence or disqualification of the recorder, the mayor shall preside over the recorder's court and shall be clothed with all the duties, powers Page 2234 and authority of the recorder which are provided by law. In the absence or disqualifications of both the recorder and the mayor, the mayor pro tem. shall preside over the recorder's court, and shall be clothed with all the duties, powers and authority of the recorder which are provided by law. Recorder. Section 7. Said Act, as amended, is further amended by striking in its entirety section 23, relating to the commitment to superior court, and inserting in lieu thereof, a new section 23 to read as follows: Section 23. Be it further enacted, that the recorder of the City of Kennesaw shall be ex officio justice of the peace for offenses committed within the limits of said city. Warrants issued by him may be executed by the marshal or police of said city, or by any other officer authorized by law to make an arrest. Offenders so arrested shall be carried before the recorder; and if there is probable cause that any of the penal laws of the State of Georgia have been violated by the person charged, it shall be the duty of the recorder to commit said accused to the jail of Cobb County, Georgia, to answer to the charge in any court of competent jurisdiction; provided, that if said offense is one that is bailable by a justice of the peace, said recorder may admit said accused to bail requiring him to appear before a court of competent jurisdiction for the trial of his offense. Recorder ex officio justice of the peace. Section 8. Said Act, as amended, as further amended by striking in its entirety section 25, relating to arrests and appearance bonds, and inserting in lieu thereof a new section 25 to read as follows: Section 25. Be it further enacted, that it shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been suspicioned of violating any ordinances of said city, and is at the time endeavoring to escape, and to hold such persons so arrested Page 2235 until a hearing of the matter before the proper authorized to imprison and confine any person arrested by them in the city prison or in the jail of Cobb County, for a reasonable length of time. It shall be lawful for the marshal or the policeman of said city to arrest without warrant any person or persons who shall be guilty of a violation of any of the laws and ordinances of the City of Kennesaw, which violations take place in the presence of the said marshal or policeman. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating any of the criminal laws of this State. The marshal and policeman of this city are also authorized to arrest anywhere within the limits of this State any person or persons charged with violating any of the ordinances of the City of Kennesaw; provided, when the arrest is not made within twenty-four (24) hours after the offense is committed, said marshal and policeman are not authorized to arrest the offender outside the corporate limits of said city except in obedience to warrant signed by the recorder or acting recorder. The marshal or any policeman of said city may take bond for the appearance before the proper court of any person or persons arrested by him, if such person be sober, for his or their appearance before the recorder's court for trial; and all such bonds may be forfeited as hereinafter provided for the forfeiture of appearance bonds by the recorder. Arrests, bonds, etc. Section 9. Said Act, as amended, is further amended by striking in its entirety section 26, relating to continuances and forfeiture of bonds, and inserting in lieu thereof a new section 26 to read as follows: Section 26. Be it further enacted, that the recorder, when any person or persons are arraigned before the recorder's court charged with the violation of any of the ordinances, resolutions, regulations or rules of said city, may for good cause shown by either side continue the hearings to such times as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or in default of such bond he may be imprisoned to await trial. If such bond be given and the accused fail to appear at the time and place fixed for trial, the bond may be forfeited by the recorder, and an execution issued thereon after serving the defendant, if he can be found, and his securities with a rule nisi by the marshal or policemen of said city, or by any other legal officer in said County of Cobb, two days before the hearing of said rule nisi. The recorder or acting recorder shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding declared forfeited to the City of Kennesaw. Forfeiture of bonds. Page 2236 Section 10. Said Act, as amended, is further amended by striking in its entirety section 27, relating to appeals and certiorari, and inserting in lieu thereof a new section 27 to read as follows: Section 27. Be it further enacted, that any person convicted in the recorder's court shall have the right of appeal to the mayor and councilmen of said city; provided, the appeal be entered within four (4) days after the judgement complained of is pronounced; and provided further, defendant gives bond to abide the final judgement of the case, which bond must be fixed and approved by the recorder. The mayor and 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 and may increase it in their discretion. Any person convicted by the mayor and councilmen on the appeal shall have right to certiorari to the Superior Court of Cobb 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 Page 2237 prevent the defendant who desires to certiorari his case direct to the superior court from doing so; 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 final judgment. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the recorder or acting recorder from certioraring the proceedings directly to the superior court. Appeals and certiorari. Section 11. 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-February 1958 session of the General Assembly of Georgia, a bill to amend the charter of the City of Kennesaw (Ga. L. 1950, p. 2506 et seq.) as heretofore amended, and for other purposes. This 12th day of December, 1957. Harold S. Willingham, Representative, Cobb County. 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 Cobb County Times, the official organ of Cobb County, in its editions for the following dates: December 12, December 19, and December 26, 1957. /s/ Harold S. Willingham, Representative, Cobb County. Page 2238 Sworn to and subscribed before me, this 10th day of January, 1958. /s/ Thelma D. Myers, (Seal) Notary Public, Cobb County, Georgia. My Commission Expires September 14, 1960. Approved February 20, 1958. CITY OF SILVERTOWNCHARTER AMENDED. No. 59 (House Bill No. 927) An Act to amend an Act incorporating the City of Silvertown in Upson County, approved July 27, 1929 (Ga. L. 1929, p. 1287), as amended by an Act approved January 30, 1946 (Ga. L. 1946, p. 618), so as to provide for the registration and qualification of voters in said city; to provide for elections; to provide for 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. An Act incorporating the City of Silvertown in Upson County, approved July 27, 1929 (Ga. L. 1929, p. 1287,) as amended by an Act approved January 30, 1946 (Ga. L. 1946, p. 618), is hereby amended by adding a new section thereto, to be known as section 6A, to read as follows: Section 6A. Any person who has been a resident of said city for at least sixty days immediately preceding the date of an election and who is qualified to vote for members of the General Assembly in Upson County shall be eligible to vote in such election and future elections as hereinafter provided, if such person is properly registered as is hereinafter provided. Voter registration The city commissioners shall provide suitable books, Page 2239 cards, or other material for the permanent registration of voters of said city. Every person registering shall take and sign the following oath: `I do hereby solemnly swear that I am at least eighteen years of age or will be on theday of, 19; that I will have been a resident of the City of Silvertown for sixty days on or before the date of the next election and that I am qualified to vote for members of the General Assembly in Upson County.' The city clerk or such other person as may be designated by the city commissioners shall be the register of said city. The registrar is hereby authorized to administer the above oath to persons applying for registration. No person who registers 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, the registrar shall close the registration books ten days before the date of such election. The registration books shall be re-opened by the registrar ten days after the date of such election or, in the discretion of the registrar, may be opened at any time after such election. It shall be the duty of the registrar to provide a list, or lists, of the registered voters of said city for all elections; and the city commissioners shall determine the number of such lists which may be needed. The registrar shall keep a list of registered voters which shall be open for public inspection at all reasonable times. The city commissioners are hereby authorized and empowered to provide by ordinance for such additional rules and regulations regarding the registration of voters for said city as they deem necessary, if the same do not conflict with the provisions of this Act. Section 2. Said Act, as amended, is further amended by adding a new section thereto, to be known as section 6B, to read as follows: Page 2240 Section 6B. All elections held in said city shall be conducted and held under the supervision of election managers, who shall be designated by the city commissioners. Three election managers shall be designated for each polling place and each such manager shall take and subscribe before a person authorized to administer oaths, the following oath: `I do solemnly swear that I will faithfully and impartially conduct this election to the best of my ability, so help me God.' The polls at all such elections shall open at seven a. m. and close at seven p. m. It shall be the duty of the election managers at each polling place to certify the results of the election at such polling place to the city commissioners. It shall be the duty of the city commissioners to ascertain the results of the entire election, as shown by the results certified to them from each polling place and declare and certify the results of such election. The election managers of each polling place shall place all the ballots cast in such polling place in a ballot box and seal the same and deliver said box to the Clerk of the Superior Court of Upson County. Elections. If the results of any election are contested, it shall be the duty of the Clerk of the Superior Court to deliver such ballot boxes to the judge of the court hearing such contest, upon the order of said judge, and it shall be the duty of the city commissioners to deliver to said judge the results which have been certified to them by the managers of each polling place, upon the order of said judge. The city commissioners are hereby authorized and empowered to provide by ordinance for additional rules and regulations regarding elections for said city as they deem necessary, if the same do not confict with the provisions of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2241 Legal Ad. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Silvertown, approved July 27, 1929 (Ga. L. 1929, p. 1287), as amended, so as to provide for the registration and qualification of voters in said city; to provide for the holding of elections; to provide for the procedure connected therewith; and for other purposes. This 14th day of January, 1958. /s/ Johnnie L. Caldwell, Representative, Upson County. /s/ Talmage B Echols, Representative, Upson County. /s/ L. A. Mallory, Jr., Senator, 25th District. T3-5xp. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnnie L. Caldwell, who, on oath, deposes and says that he is Representative from Upson County, and that the attached copy of notice of intention to introduce local legislation was published in the The Thomaston Times which is the official organ of said county, on the following dates: January 17, January 24, and January 31, 1958. /s/ Johnnie L. Caldwell, Representative, Upson County. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Frank H. Edwards, (Seal). Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. Approved February 21, 1958. Page 2242 CITY OF SILVERTOWNCHARTER REPEALED. No. 61 (House Bill No. 928). An Act to repeal an Act incorporating the City of Silvertown, approved July 27, 1929 (Ga. L. 1929, p. 1287), as amended, so as to abolish the charter of the City of Silvertown; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved July 27, 1929 (Ga. L. 1929, p. 1287), incorporating the City of Silvertown, as amended, is hereby repealed in its entirety and all Acts amendatory thereto are hereby repealed, and the charter of the City of Silvertown is hereby abolished. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Ad. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to repeal the charter of the City of Silvertown, approved July 27, 1929 (Ga. L. 1929, p. 1287), as amended; and for other purposes. This 14th day of January, 1958. /s/ Johnny L. Caldwell, Representative, Upson County. /s/ Talmage B. Echols, Representative, Upson County. /s/ L. A. Mallory, Senator, 25th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnnie L. Page 2243 Caldwell, who, on oath, deposes and says that he is Representative from Upson County, and that the attached copy of notice of intention to introduce local legislation was published in the The Thomaston Times which is the official organ of said county, on the following dates: January 17, January 24, and January 31, 1958. /s/ Johnnie L. Caldwell, Representative, Upson County. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Frank H. Edwards, (Seal). Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. Approved February 21, 1958. TOWN OF GARDEN CITYCORPORATE LIMITS. No. 62 (House Bill No. 1022). 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 lands embraced and lying within the three (3) following described parcels of territory, to-wit: Page 2244 Parcel No. One: All of the lands embraced and lying within the following boundaries, to-wit: Commencing at the point at which the eastern line of the right of way of U. S. Highway No. 17 intersects the northern line of the present corporate limits of Garden City, which is the point of beginning, and running thence generally northwardly along the eastern line of the right of way of U. S. Highway No. 17 to a point on said eastern line of the right of way of U. S. Highway No. 17 a distance of 2300 feet south of the southern line of the present corporate limits of the City of Port Wentworth, and running thence generally westwardly and across U. S. Highway No. 17 along a line parallel with the northern line of the present corporate limits of Garden City to the point at which said line intersects the western line of the right of way of U. S. Highway No. 17, and running thence generally southwardly along the western line of the right of way of U. S. Highway No. 17 to the point at which the western line of the right of way of U. S. Highway No. 17 intersects the northern line of the present corporate limits of Garden City, and running thence generally eastwardly along the northern line of the present corporate limits of Garden City and across U. S. Highway No. 17 to the point at which the eastern line of the right of way of U. S. Highway No. 17 intersects the northern line of the present corporate limits of Garden City, the point of beginning. Parcel No. Two: All of the lands embraced and lying within the following boundaries, to-wit: Commencing at the point at which the eastern line of Georgia Highway No. 21 intersects the northern line of the present corporate limits of Garden City, which is the point of beginning, and running thence generally northwardly along the eastern line of the right of way of Georgia Highway No. 21 to the point at which eastern line of Georgia Highway No. 21 intersects the southern line of Bourne Avenue, if the southern line of the right of way of Bourne Avenue were elongated and projected westwardly across Georgia Highway No. 21 to the eastern line of the right of way of Georgia Highway No. 21, and running thence generally westwardly across Georgia Highway No. 21 Page 2245 along the southern line of Bourne Avenue, if said southern line of Bourne Avenue were elongated and projected across Georgia Highway No. 21 to the point at which the western line of the right of way of Georgia Highway No. 21 intersects the southern line of the right of way of Bourne Avenue, and running thence westwardly along the southern line of Bourne Avenue to the point at which the southern line of Bourne Avenue intersects the eastern line of the right of way of the main line of the Atlantic Coast Line Railroad Company, and running thence generally southwardly along the eastern line of the right of way of the Atlantic Coast Line Railroad to the point at which the eastern line of said railroad intersects the northern line of the present corporate limits of Garden City, and running thence generally eastwardly along the northern line of the present corporate limits of Garden City and across Georgia Highway No. 21 to the point at which the eastern line of the right of way of Georgia Highway No. 21 intersects the northern line of the present corporate limits of Garden City, the point of beginning. Parcel No. Three: All of the lands embraced and lying within the following boundaries to-wit: Commencing at the point on the western line of the present corporate limits of Garden City at which point the eastern line of the right of way of the main line of the Atlantic Coast Line Railroad Company intersects with the northern line of the right of way of the Atlantic Coast Line tracks leading into the Garden City Terminals and the Savannah State Docks, which is the point of beginning, and running thence generally southwardly along the eastern line of the main line of the Atlantic Coast Line Railroad Company to the point at which the eastern line of the right of way of the Atlantic Coast Line Railroad intersects with the northern line of the right of way of U. S. Highway No. 80, and running thence generally eastwardly along the northern line of the right of way of U. S. Highway No. 80 to a point at which the northern line of the right of way of U. S. Highway No. 80 intersects the eastern line of the right of way of Georgia Highway No. 21 at the traffic circle, and running thence generally Page 2246 northwestwardly along the eastern line of the right of way of Georgia Highway No. 21, which is the present western corporate limits of Garden City and running along the western and southern line of the present corporate limits of Garden City to the point at which the present corporate limits intersects with the eastern line of the right of way of the main line of the Atlantic Coast Line Railroad, the point of beginning. 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. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Louise Barnes who on oath deposes and says that she is advertising clerk of the Savannah News-Press, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Savannah News-Press, 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, 1958, 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; to change the date for the qualifying of candidates in municipal elections; to Page 2247 provide for the use of voting machines in municipal elections and 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 10-17-20, 1958. /s/ Louise Barnes. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Esther Zittrauer, Notary Public, Chatham County, Ga. (Seal). State of Georgia, County of Fulton. Before me, the undersigned Notary Public, personally appeared Frank S. Cheatham, Jr., Edgar P. Eyler and E. T. Brennan who, upon oath depose and say that they are the sponsors of the local legislation to which this affidavit is attached and that notice of intention to introduce said local legislation was published in the Savannah Evening Press which is the official organ of Chatham County, Georgia on January 10, 17, and January 20, 1958. /s/ Frank S. Cheatham, Jr. /s/ E. P. Eyler /s/ E. T. Brennan Sworn to and subscribed before me, this 6th day of February, 1958. /s/ Mrs. W. Nell Dale, Notary Public, State-at-Large. Approved February 21, 1958. Page 2248 CITY COURT OF RICHMONDCOMPENSATION OF JUDGE AND SOLICITOR. No. 63 (House Bill No. 858). An Act to amend an Act entitled An Act to establish the City Court of Richmond; 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, approved March 13th, 1957, so as to fix and provide for the payment of the salary of said solicitor at the figures intended in the above recited Act, in which Act a mistake was made as to such salary, and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. Be it enacted by the General Assembly of the State of Georgia and there 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; 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, approved March 13th, 1957 so as to strike the figures Page 2249 $6600.00 wherever they appear in section I and section II of the said Act here amended and insert in lieu thereof the figures $7245.00, and adding a new section to be known as section IIA to immediately follow section II of the Act here amended to read as follows: Section IIA: The Solicitor of the said city court shall be paid in addition to the $7,245.00 yearly salary as above provided an additional sum as salary, of $26.25 per month for the next fourteen months after the passage of this Act, payable monthly, the same to be paid out of the treasury of Richmond County, Georgia as other court expenses are paid. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Richmond County. Personally before the undersigned, an officer duly authorized to administer oaths, came Bernard F. Miles, J. B. Fuqua, 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 Herald, a newspaper of general circulation in Augusta, Richmond County, Georgia, and the legal gazette for sheriff's advertisements on Dec. 21st and 28th, 1957 and Jan. 4, 1958. /s/ Bernard F. Miles, Representative, Richmond County, Ga. /s/ W. W. Holley, Representative, Richmond County, Ga. /s/ J. B. Fuqua, Representative, Richmond County, Ga. /s/ Carl E. Sanders, Senator, 18th Senatorial Dist. Page 2250 Sworn to and subscribed before me, this 8th day of January, 1958. /s/ Katie Broadwater, (Notary Seal). Notary Public, Richmond County, Ga. My Commission expires July 13, 1959. Affidavit of Publication. State of Georgia, Richmond County. Personally appeared, J. W. West, 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 of notice of intention to introduce local legislation Notice of Local Bill. Notice is hereby given of the intention of the undersigned to apply at the next 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; 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 years' 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, approved March 13th, 1957, so as to fix and provide for payment of the salary of said solicitor at the figures intended in the above recited Act, in which Act a mistake was made as to such salary, and for other purposes. Page 2251 This 12th day of December, 1957. Carl E. Sanders, As State Senator, 18th Senatorial Dist. J. B. Fuqua, As Representative of Richmond County, Georgia. W. W. Holley, As Representative of Richmond County, Georgia. Bernard F. Miles, As Representative of Richmond County, Georgia. duly appeared in said newspaper on the following dates, to-wit: December 21st, and 28th, 1957 and January 4th, 1958. /s/ J. W. West, President Title Sworn to and subscribed before me, this 8th day of January, 1958. /s/ Katie Broadwater, (Notary Seal). Notary Public, Richmond County, Ga. My Commission expires July 13, 1959. Approved February 21, 1958. COMPENSATION OF SHERIFFS IN CERTAIN COUNTIES. No. 64 (House Bill No. 1117). An Act to provide that the sheriffs of certain counties shall be paid on a fee basis for all services rendered in the superior court of such counties, and in any city, county, or other court in such counties; to provide for the fees to be paid such sheriffs; to expressly repeal any local or special laws in conflict with this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 2252 Be it enacted by the General Assembly of Georgia: Section 1. The sheriffs of all counties having a population of not less than 34,500 and not greater than 36,500, according to the 1950 United States census, or any future census, shall be compensated on a fee basis. Such sheriffs shall be entitled to receive the fees provided by law for the sheriffs of the superior courts of this State for all services rendered in the superior court of such counties, or in any city, county, or other court located in such counties. Fees, counties where applicable. Section 2. Any local or special laws regulating the payment of compensation to the sheriffs of the counties mentioned in section 1 of this Act in conflict with this Act are hereby expressly repealed. Conflicting laws. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or otherwise becomes a law. Effective date. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Conflicting laws. Approved February 21, 1958. FLOYD COUNTYCOMPENSATION AND NUMBER OF EMPLOYEES OF CLERK OF SUPERIOR COURT AND EMPLOYEES OF SHERIFF. No. 66 (House Bill No. 1046). An Act to amend an Act entitled An Act to abolish the present mode of compensation accruing to the offices of clerk of the superior court, clerk of the city Page 2253 court, ordinary, sheriff of the city court, and sheriff, of Floyd County, Georgia, known as the fee system, and to prescribe in lieu thereof salaries for such offices; to fix the salaries of such officers and provide the time and method of payment of the same, and funds from which payable; to provide that all emoluments accruing to each of said offices, except said salaries, shall be and become the property of said county, and said county shall be subrogated to all rights, claims and liens of said officers therefor; to provide that said officers shall undertake to collect said emoluments and shall receive and hold the same in trust for said county, and shall pay the same into the treasury of said county periodically; to provide for such officers furnishing periodic statements; to provide for the payment of operating expenses of said ofices from county funds; to provide for the payments of premiums on the official bonds of said officers, and their deputies, clerks and assistants, from county funds; to provide for the employment of deputies, clerks and assistants by said officers, and to fix their salaries and provide for the payment thereof; to authorize the employment of a comptroller, fix his salary and provide for the payment thereof, and prescribe his duties and authority; to provide that if any provision of said Act is held to be unconstitutional, such provision alone shall be invalid, and the other parts shall remain in force; to repeal all laws and parts of laws in conflict with such Act; to provide the date such Act shall become effective; and for other purposes., approved February 28, 1956, (Ga. L. 1956, pp. 2754, et seq.), so as to increase the number of senior deputies of the clerk of superior court of Floyd County, Georgia, from two to three, to decrease the number of junior deputies of said clerk from three to two, to increase the number of ordinary deputies of the sheriff of said county from three to four, to change the salary of one typist employed by said sheriff from $200.00 per month to $225.00, and to repeal all laws and parts of laws in conflict with this Act, and for other purposes. Page 2254 I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that that certain act of said General Assembly approved February 28, 1956, (Ga. L. 1956, pp. 2754, et seq.), entitled as follows: An Act to abolish the present mode of compensation accruing to the offices of clerk of the superior court, clerk of the city court, ordinary, sheriff of the city court, and sheriff, of Floyd County, Georgia, known as the fee system, and to prescribe in lieu thereof salaries for such offices; to fix the salaries of such officers and provide the time and method of payment of the same, and funds from which payable; to provide that all emoluments accruing to each of said offices, except said salaries, shall be and become the property of said county, and said county shall be subrogated to all rights, claims and liens of said officers therefor; to provide that said officers shall undertake to collect said emoluments and shall receive and hold the same in trust for said county, and shall pay the same into the treasury of said county periodically; to provide for such officers furnishing periodic statements; to provide for the payment of operating expenses of said offices from county funds; to provide for the payments of premiums on the official bonds of said officers, and their deputies, clerks and assistants, from county funds; to provide for the employment of deputies, clerks and assistants by said officers, and to fix their salaries and provide for the payment thereof; to authorize the employment of a comptroller, fix his salary and provide for the payment thereof, and prescribe his duties and authority; to provide that if any provision of said Act is held to be unconstitutional, such provision alone shall be invalid, and the other parts shall remain in force; to repeal all laws and parts of laws in conflict with such Act; to provide the date such Act shall become effective; and for other purposes.; is hereby amended as follows: Section 1. By striking from subsection (b) of section 8 thereof the word, figure and symbols Two (2) and substituting in lieu thereof the word, figure and symbols Page 2255 Three (3), so that said subsection when so amended shall read: (b) Three (3) senior deputies, each at a monthly salary not exceeding three hundred dollars ($300.00); and. Section 2. By striking from subsection (c) of section 8 thereof the word, figure and symbols Three (3) and substituting in lieu thereof the word, figure and symbols Two (2), and by striking from the third line of said subsection (c) the third and fourth words thereon, two each and substituting in lieu thereof the word one, so that said subsection (c) when so amended shall read: (c) Two (2) junior deputies, one at a monthly salary not exceeding two hundred fifty dollars ($250.00) per month, and one at a salary not exceeding two hundred twenty-five dollars ($225.00) per month. Section 3. By striking from subsection (b) of section 10 thereof the word, figure and symbols Three (3) and substituting in lieu thereof the word, figure and symbols Four (4), so that said subsection (b) of section 10 when so amended shall read: (b) Four (4) deputies, each at a monthly salary not exceeding three hundred thirty dollars ($330.00) per month;. Section 4. By striking from subsection (d) of section 10 thereof the words, figures and symbols two hundred dollars ($200.00) and substituting in lieu thereof the words, figures and symbols two hundred twenty-five dollars ($225.00), so that said subsection (d) of section 10 when so amended shall read: (d) One (1) typist at a monthly salary not exceeding two hundred twenty-five dollars ($225.00) per month; and. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Page 2256 II. There is attached hereto and hereby made a part of this bill, marked Exhibit A, a copy of the notice of the intention to apply therefor, accompanied by an affidavit of the author of this bill to the effect that said notice has been published as provided by law. Exhibit A. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at its session beginning in January, 1958, for the enactment of a local bill to amend an Act of the General Assembly approved February 28, 1956, (Ga. L. 1956, pp. 2754 et seq.), so as to increase the number of senior deputies of the clerk of Superior Court of Floyd County, Georgia, from two to three, to decrease the number of junior deputies of said clerk from three to two, to increase the number of ordinary deputies of the sheriff of said county from three to four, to change the salary of one typist employed by said sheriff from $200.00 per month to $225.00, and to repeal all laws and parts of laws in conflict with said bill, and for other purposes. 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 in the newspaper in which sheriff's advertisements for Floyd County, Georgia, are published, once a week for three weeks during a period of sixty days immediately preceding the introduction of such bill into the General Assembly, as provided by law. /s/ J. Battle Hall. Page 2257 Sworn to and subscribed before me, this 10 day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My commission expires October 4, 1960. (Seal) No. 873. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at its session beginning in January, 1958, for the enactment of a local bill to amend an Act of the General Assembly approved February 28, 1956, (Ga. L. 1956, pp. 2754 et seq.), so as to increase the number of senior deputies of the clerk of Superior Court of Floyd County, Georgia, from two to three, to decrease the number of junior deputies of said clerk from three to two, to increase the number of ordinary deputies of the sheriff of said county from three to four, to change the salary of one typist employed by said sheriff from $200.00 per month to $225.00, and to repeal all laws and parts of laws in conflict with said bill, and for other purposes. Joe Adams, Ward Aderholdt. Dec. 20, 27; Jan. 3. Approved February 21, 1958. CRIMINAL COURT OF FULTON COUNTYCLERK AND DEPUTY CLERKS. No. 67 (Senate Bill No. 305). An Act to amend an Act entitled An Act to establish the Criminal Court of Atlanta and in pursuance thereof to amend an Act establishing the City Court of Page 2258 Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes and Acts amendatory thereof, and for other purposes, so as to provide for a clerk of said court and deputy clerks 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 I. That so much of said Act, and particularly so much of section IV thereof, and Acts amendatory thereof, as designate the Clerk of the Superior Court of Fulton County and his deputies as ex-officio clerk and deputies of the Criminal Court of Fulton County, is hereby repealed. Section II. That from and after the passage and approval of this Act, the clerk of said court shall be elected by the judges of said court from among the qualified electors and residents of Fulton County, Georgia, for a term of office which shall expire with the term of office of the judges of said court. The clerk of said court shall have such deputies, not less than three in number, and such additional deputies as the clerk may deem necessary, for the proper discharge of the duties of the office. Such deputies shall be chosen by the clerk in the same manner as deputies are chosen by the clerk of the superior court in accordance with the civil service rules of force in said county and shall be compensated and paid in the same manner. The clerk of said court shall receive such salary as may be fixed by the Board of County Commissioners of Fulton County, the same to be paid out of the treasury of said county in the same manner as other officers of said court are paid. The clerk and his deputies shall have the same powers, duties and obligations as those which devolved upon the clerk of the superior court and his deputies as ex-officio officers of said criminal court prior to the enactment of this amendment, and shall take the same oath of office insofar as applicable. Clerk. Page 2259 Section III. The term of office of the clerk of said court shall begin upon his election and qualification and shall continue until his successor is elected and qualified, provided that deputy clerk, Roderick M. McDuffie, now serving as deputy clerk of said court, shall serve as clerk of said court until January 1, 1959 and until his successor shall be elected and qualified. The Clerk of the Superior Court of Fulton County and his deputies shall continue as ex-officio clerks of said court until the clerk and deputy clerks hereinbefore provided for enter upon their duties as herein provided. First clerk named. Section IV. All laws and parts of law in conflict herewith are hereby repealed. Affidavit and copy of notice of proposed Act attached to Enrolled Act. Approved February 28, 1958. TRAFFIC COURTS IN CERTAIN CITIES1955 ACT AMENDED. No. 68 (House Bill No. 934). An Act to amend an Act to create a system of traffic courts for each city of this State having a population of more than 300,000 by the Federal Census of 1950 or by any future Federal census (Ga. L. 1955, pp. 2318 et seq.), so as to further provide for the institution of prosecution therein; to provide for the appointment, term of office, and compensation of the judges, solicitors, clerks and administrative officers of such courts; to establish and to provide suitable rules and regulations for the operation of such courts; to provide for the selection of jurors therein; to provide for the probation of offenders convicted in said court; to provide for the revocation or suspension of licenses for the operation of motor vehicles in conformity with the general laws of the State applicable thereto; to provide for the appointment and compensation of judges and solicitors pro tempore for such courts; to repeal conflicting laws and for other purposes. Page 2260 Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the act to create a system of traffic courts for each city of the State having a population of more than 300,000 by the Federal Census of 1950 or by any future Federal Census (Ga. L. 1955, pp. 2318 et seq.), be and the same is hereby amended as follows: Where applicable. Section 1. Said Act is amended by striking section 4 thereof in its entirety and substituting a new section as follows: Section 4. The judge or judges of such courts shall have the power and authority to suspend or revoke licenses for the operation of motor vehicles in conformity with the general laws of the State applicable thereto. The judges of such court shall also have the power to probate offenders in accordance with the provisions of the general laws of the State relating to probation. Where such traffic courts are located in counties having a county probation system where the probation officers of such system are functioning and deemed to be the same as circuit probation officers under the provisions of the Statewide Probation Act, probationers from such courts shall be supervised by such county probation system. The expense of supervising such probationers shall be paid by the cities wherein such courts are located out of the monies arising from fines and forfeitures imposed for the violation of the penal laws of this State and collected in such courts. Jurisdiction. Section 2. Said Act is further amended by striking from section 5 thereof the figures $10,000 and $8,000 wherever they appear and substituting in lieu thereof the figures $12,000 and $11,500, so that said section as amended shall read: Judges' salaries. Section 5. The salary of the chief judge of such Page 2261 courts shall be $12,000 per annum and the salaries of the associate judges shall be $11,500 per annum, payable monthly or semi-monthly by the city government. Section 3. Said Act is further amended by striking section 10 thereof in its entirety and substituting a new section, as follows: Section 10. Criminal prosecutions in such traffic courts may be instituted by summons, written information, or accusation plainly and distinctly setting forth the offense charged. Said information, accusation or summons may be signed by the solicitor or assistant solicitor or by the chief of police or any member of the police department of such city. The chief judge or the associate judges of such courts may, upon affidavit being made that a crime has been committed, involving the traffic laws or regulations of this State, issue a warrant for the arrest of such party. They shall likewise have the power to fix bonds as provided by the general laws of this State with respect to superior court judges. Warrants. Section 4. Said Act is further amended by striking section 11 in its entirety and substituting therefor a new section, as follows: Section 11. The chief judge or associate judges or other judge of such courts legally sitting in their absence shall have power in vacation or in open court or at chambers to accept pleas of guilty and pass snetences on those pleading guilty. The proceedings after information, accusation or summons, shall conform to the rules governing like proceedings in the superior courts except there shall be no jury trial unless demanded by the accused; provided, however, the accused shall be fully advised as to his right to a jury trial. The jury in such courts shall consist of five to be stricken alternately by the defendant and the state from a panel of nine. The defendant shall be entitled to two strikes and the State two and the remaining jurors shall compose the jury. Jury trials. Page 2262 Section 5. Said Act is further amended by striking section 12 thereof in its entirety and substituting in lieu thereof a new section as follows: Section 12. All persons residing in any city in which such court is located and on the jury list of the county or counties in which such city lies and liable to serve as jurors in the superior courts thereof shall be competent and compellable to serve as jurors in such traffic courts. The chief judge of such court shall cause a list to be made of all persons liable to serve as jurors in such court, and shall cause their names to be written on separate pieces of paper and deposited in the jury box for such court, provided, however, that where any such city shall lie in two or more counties there shall be a separate jury list and box for the branch of such court located in each county so that no juror shall serve in any county other than that of his residence. The judges of such traffic courts shall proceed in selecting, drawing and summoning jurors in like manner as jurors are selected, drawn and summoned in the superior courts; and the penalties and other proceedings to punish for non-attendance of jurors or contempts committed by them shall conform to the general law governing like proceedings in the superior courts, and the oaths to be administered to jurors and witnesses in such traffic courts shall be the same as now administered in the cases to juries and witnesses in the superior court. All general laws of the State in reference to the qualification, selection, drawing, summoning, length of service, impanelling, and challenging petit jurors now in force or hereafter enacted with respect to such procedure in the superior courts shall be made applicable to such traffic courts. Jurors. Section 6. Upon the request of the chief judge or in case of his disability or disqualification, the mayor of such city shall appoint for as long a period as may be necessary one or more judges pro tempore for such court who shall have all the authorities of the judge thereof to preside in such court when his services as such are required for the efficient and prompt administration of justice and who shall be subject to the direction of Page 2263 the chief judge. Such judge pro tempore shall have the qualifications of an associate judge of such court and be paid for the time served at the rate of $25.00 per day or such larger amount per diem as the governing authorities of such city may provide. Judges pro tem. Section 7. Said Act is further amended by striking from section 18 thereof the figures $8,000 wherever they appear and substituting therefor the figures $11,500 so that said section as amended shall read: The Mayor of such city shall appoint, subject to the approval of the city council or board of aldermen, as the case may be, a solicitor and such assistant solicitors as may be necessary to conduct the business of such court, the number of assistant solicitors to be determined by the governing body of such municipality. The solicitor and the assistant solicitors shall hold office for a term of four (4) years or until their successors are duly appointed and qualified, unless sooner removed from office under aplicable provisions of law. The solicitor shall receive a salary of $11,500 per annum, payable monthly or semi-monthly, and the assistant solicitors shall receive such salary as shall be fixed by the governing authorities of such city. The solicitor and each of the assistant solicitors shall be attorneys at law, admitted to practice in all the courts of the State. The solicitor shall have had not less than five (5) years experience in the practice of law prior to his appointment. It shall be the duty of such solicitor or assistant solicitors to prosecute all cases properly brought before his court, and to perform such other like duties with respect to his court as are required of solicitors-general in the superior court. They shall each take and subscribe to an oath similar to that required of the judges of such court. Such solicitors and assistant-solicitors shall not engage in the private practice of law. Solicitor. Section 8. Upon the request of the chief judge or the solicitor of said court or in case of the disqualification or disability of the solicitor, the mayor of each such city shall appoint, for as long a period as shall be necessary Page 2264 one or more solicitors pro tempore for such court, who shall have all the authority of the solicitor thereof. Such solicitor pro tempore shall have the qualifications of the solicitor and shall be paid for the time served at the rate of $25.00 per day. Section 9. This Act shall be effective the first day of the month following its enactment. Section 10. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 28, 1958. CITY OF THOMASTONCORPORATE LIMITS EXTENDED. No. 73 (House Bill No. 929). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933, (Ga. L. 1933, p. 1070, et seq.) as amended, to change and extend the present corporate limits of said city and to describe new territory to become a part of the City of Thomaston, 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 Act of the General Assembly of Georgia, approved March 15, 1933, (Ga. L. 1933, p. 1070, et seq.) entitled An Act to amend, consolidate, and supersede the several Acts Incorporating the City of Thomaston in the County of Upson, State of Georgia; to create a new Georgia and municipal government of said city; to define the corporate limits of said city, etc, as amended, be, and the same is hereby, amended by adding to section four of said Act, defining the corporate limits of said city, an additional paragraph as a part of said section four of said Act, to read as follows: Page 2265 The following described territory which is contiguous to the existing limits of the City of Thomaston shall be a part of said City of Thomaston and included in its corporate limits, to-wit: All of a certain tract of land lying and being in land lots Nos. 214, 215, 216, 227, 228, 229, 230, and 249, in the 10th land district of Upson County, Georgia, better described as follows: beginning at a point on the east side of Payne's Mill Road where the existing corporate limits of the City of Thomaston crosses said Payne's Mill Road and intersects with the east side of said road, and run thence west along the existing corporate limits of the City of Thomaston to a point on the east side of the Old Sandwich Road (now known as E Street, S.E.); run thence in a southerly direction along the east side of the Old Sandwich Road to the original corporate limits of the City of Thomaston (which extend 3/4 of one mile in every direction from the center of the Upson County courthouse); run thence in a southwesterly direction along the line of the original corporate limits of the City of Thomaston to the north side of the right of way of the Central of Georgia Railroad; run thence westerly along the north side of the right of way of the Central of Georgia Railroad to the east side of Gordy Mill Road; run thence in a northwesterly direction 4361 feet along the east side of Gordon Mill Road to a concrete marker; run thence north 66 degrees 00 minutes east a distance of 1313 feet to a concrete marker on the west line of land lot No. 228; run thence north along the west line of land lot No. 228, 1339 feet to the point of convergence of land lots Nos. 228, 229, 248, and 249; run thence north along the west line of land lot No. 229 to the west side of Miller Branch; run thence in a northeasterly direction along the west bank of Miller Branch to Potato Creek; thence across Potato Creek to the north side of said creek; run thence in a northerly and northeasterly direction along the north and west bank of Potato Creek to a point where the original land lot line dividing land lots Nos. 230 and 213 crosses said Potato Creek; run thence south along the original west line of land lots Nos. 213 and 214 to a point where said original land lot line of land lot No. 214 intersects with the north Page 2266 property line of the B. F. Goodrich Company; run thence east along the north property line of the lands of B. F. Goodrich Company to Payne's Mill Road; run thence in a straight line across said Payne's Mill Road to the east side thereof; run thence in a southerly direction along the east side of said Payne's Mill Road to the point of beginning. Corporate limits. Section 2. All powers, immunities, and authority of the City of Thomaston 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. Section 3. The territory described herein to be a part of the City of Thomaston and included in its corporate limits is the territory now included within the corporate limits of the City of Silvertown, Upson County, Georgia. The provisions of this Act shall not become effective until the corporate charter of the City of Silvertown in Upson County, Georgia, is repealed and the territory herein described becomes unincorporated territory, and upon said territory herein described becoming unincorporated territory, the provisions of this Act shall become effective. Effective date. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Copy of Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to amend the Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, so as to change and extend the corporate limits of said city; and for other purposes. Page 2267 This 14th day of January, 1958. /s/ Johnnie L. Caldwell Representative, Upson County /s/ Talmadge B. Echols Representative, Upson County /s/ L. A. Mallory, Jr. Senator, 25th District Georgia, Upson County Before me, the undersigned officer authorized to administer oaths, personally appeared Leon Smith, who on oath says that he is the duly authorized agent of Thomaston Publishing Company, the publisher of The Thomaston Times, a newspaper published in the City of Thomaston, Upson County, 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 (3) weeks as required by law, said dates of publication being January 17, 1958, January 24, 1958, and January 31, 1958. Thomaston Publishing Company By: /s/ Leon Smith Leon Smith Sworn to and subscribed before me, this 1st day of February, 1958: /s/ Dickson Adams (Seal) Notary Public, Upson County, Georgia. My commission expires March 22, 1958. Approved March 6, 1958. Page 2268 COMPENSATION TO HOYT WEHUNT. No. 23 (House Resolution No. 311-772 b). A Resolution. To authorize compensation to Hoyt Wehunt; and for other purposes. Whereas, on or about August 15, 1957, Hoyt Wehunt was driving his 1949 Ford automobile on State Route 53 in Hall County, Georgia, when a State Highway Department truck being driven by Ronnie Martin and, hauling a load of gravel with the tail gate removed, passed said automobile and in the process gravel was thrown from said State Highway Department truck onto said automobile, resulting in damages to said automobile in the amount of fifty-six and 78/100 ($56.78) dollars; and Whereas, damage to said automobile was caused by the negligence of said State Highway Department employee hauling gravel with the tail gate in an improper position to retain the load thereon; and Whereas, 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 to Hoyt Wehunt the sum of fifty-six and 78/100 ($56.78) dollars as full and final compensation as herein provided. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 17, 1958. Page 2269 CITY OF COVINGTONCHARTER AMENDED. No. 76 (House Bill No. 1013). An Act to amend the charter of the City of Covington approved August 16, 1918 and the amendatory acts thereto; to provide for a commission form of government composed of three commissioners and a city manager in lieu of the present form of government by mayor and council; to declare the rights and powers of said government; to abolish the office of mayor and council as constituted under the present charter; to provide the method of election of said commissioners and city manager, and other officers and employees of the City of Covington; to provide for the appointment and removal from office of certain officers and employees of the city; to provide for referendum, recall and initiative elections; to provide for an election for the adoption or rejection of 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 same, that: Section 1. The Act approved August 16, 1918, providing a new charter for the City of Covington, and all the amendatory Acts thereto, be and the same are hereby amended in the following particulars: All provisions of said charter creating a mayor and council in said Act and any Acts amendatory thereto are hereby expressly amended so that the offices of mayor and council in the City of Covington are hereby expressly abolished on and after January 1, 1959 following the approval of this charter in a referendum election hereinafter provided for. Offices of mayor and council abolished. Section 2. In lieu of the mayor and council of said City of Covington, there is hereby created and established a commission of three citizens who shall be known as the board of commissioners of the City of Covington. Said board of commissioners are hereby given all rights, powers and authority heretofore vested in the mayor and council of the City of Covington, except as otherwise provided Page 2270 herein and except such rights and powers as are hereby otherwise delegated to the city manager hereinafter created and established. Board of commissioners created. Section 3. The said commissioners shall be elected by the qualified voters of the city and shall be at least 25 years of age, citizens of the City of Covington for at least two years prior to the time of taking office, and shall be freeholders at the time of their election. Said commissioners shall be paid the sum of $300.00 annually. Same, qualifications, compensation. Section 4. At the regular city election held in December 1958, shall be elected three city commissioners who shall take office January 1, 1959, as hereinafter provided, and following the approval of this charter, when said charter becomes effective. The candidate receiving the highest number of votes shall be elected for a term of three years; the candidate receiving the next highest number of votes shall be elected for a term of two years, and the candidate receiving the third highest number of votes shall be elected for a term of one year. The candidate receiving the highest number of votes shall be chairman of the board of city commissioners for the first year. Thereafter, the members of the commission shall elect one of their members to serve as chairman for a period of one year. The commission shall elect one of their number as chairman pro tem. to perform all the duties of the chairman during his absence. In the event any two candidates receive the same number of votes, the board of commissioners shall elect a chairman. At the end of the first term all city commissioners shall be elected for terms of office of three years' duration; said election shall be held as now provided by charter. Same, terms, election. Section 5. Before assuming the duties of their office, the city commissioners shall take and subscribe the following oath: I do solemnly swear that I will well and truly demean myself in the office to which I have been elected, to the best of my ability, and will faithfully and honestly account for and pay over all public monies that may come into my hands during my term of office, and Page 2271 will otherwise faithfully discharge the duties of the office that may from time to time be required of me by the laws of Georgia and the ordinances of the City of Covington, so help me God. Same, oath. Section 6. The commission shall elect and appoint a manager for said city within 30 days after their election and qualification and fix his salary, which salary shall not be more than twelve thousand ($12,000.00) dollars 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 any time by the commission. Such manager shall be a male person and an American citizen not less than 25 years of age. Said manager shall be a man qualified to hold said position and shall be selected by the commission without regard as to residence or political affiliations. Said manager shall be required to execute a bond with some solvent surety company approved by the commission, as security for the faithful performance of his duties in an amount as required by the commission, not less than ($50,000.00) dollars. The bond premium shall be paid out of the city treasury. City manager. Section 7. The city manager shall be the administrative head of the municipal government and shall be responsible for the efficient administration of all departments of the city. Same, duties. Section 8. No person who has served as mayor, councilman, or city commissioner shall be eligible for the position of city manager until the expiration of two years from the time his term of office expired. Same, qualifications. Section 9. Be it further enacted, that the commissioners shall be eligible to hold office for as many terms as they may be elected to by the qualified voters of the city. Commissioners, re-election. Section 10. The commissioners shall fix the salaries of all the department heads of the city and shall appoint the city recorder and the city attorney. Employees, salaries. Section 11. The manager must devote all his working Page 2272 time and attention to the affairs of the city. He shall not be interested directly or indirectly in any business, person or persons contracting with or making sales to said municipal corporation. He shall have the appointment, subject to the confirmation by the commission, of all heads of departments of said city except the recorder and the city attorney. His appointment of employees below the grade of heads of departments shall not be subject to confirmation by the commission. He shall have the right to remove heads of departments and other employees (except the recorder and the city attorney) without the consent of the commission and without assigning any reason therefor, except that in case he removes the head of any department he shall state to the commission in writing the cause of such removal. The manager shall be responsible for the efficiency of each department of the city government (except in the case of the recorder, and the city attorney), and shall from day to day personally inspect the working of each department. He shall have an office at the city hall and shall keep his office open one hour each day (except Sundays and holidays) at an hour of the day to be fixed by him, during which said residents of the city shall be free to appear and make complaints against the operation of any department of the city government. He shall have charge of the purchase of all supplies and materials for the municipal corporation, but purchases exceeding one thousand ($1,000.00) dollars shall be approved by the commission and in case of all purchases in the above mentioned amount he shall obtain at least two competitive bids. The manager must at the first of each year submit to the commission for its consideration a budget of its proposed expenditures for that year, the probable revenue for that year and from what sources it is expected. He shall show in as much detail as practicable the amount allotted to each department of the city government and the reason for such estimated expenditures. No part of any amount allotted to any department shall be expended by the manager on account of any other department, except upon consent of the commission. All payments of city funds shall be made by vouchers issued under such conditions as the commission may prescribe. In addition Page 2273 to the above, the powers and duties of the city manager shall also be as follows: City employees, duty of city managers. (a) To see that all laws and ordinances of the city are enforced. (b) To attend all meetings of the board, with a right to take part in discussions, but with no right to vote on propositions under consideration. (c) To recommend to the board of commissioners for adoption such matters as he may deem necessary and expedient. (d) To keep the board advised as to financial condition of the needs of the city. (e) To perform such other additional duties, not inconsistent with those named herein as the said board of commissioners may by ordinance or resolution prescribe. Section 12. The board of commissioners may require the city manager to go before them at any time and answer questions, either oral or in writing, and may require the said city manager to make any reports on any matter involving the city that they may deem proper, and said city manager shall report monthly to said board of commissioners his acts and doings and shall at regular stated intervals, at least quarterly, file with said board of commissioners full and complete reports of the various departments of the city. Same. Section 13. The board of commissioners shall meet at least once a month at stated intervals and shall hold their meetings in public, except when they deem an executive session expedient. Said board shall keep reports on their meetings and shall record their actions, the city clerk being named as the official secretary of the board and charged with the duty of attending and keeping the minutes of all meetings of said board. The board shall be required to meet in special session as often as any two commissioners or the chairman may request. All votes Page 2274 shall be taken by aye and nay votes and properly recorded in the minutes. Commissions, meetings, records. Section 14. In case of a vacancy in the office of any commissioner the remaining commissioners shall elect a commissioner to fill such vacancy, to hold office until the next regular city election. Same, vacancies. Section 15. Be it further enacted by the authority aforesaid, that after the year 1958 no candidate for commissioner shall, before his election, or in any party primary election, directly or indirectly promise to any person to appoint or vote for such person, or any other person, to any office, agency or employment in the government of said city. For a violation of this provision, said candidate making said promise, and the person exacting the same, shall forfeit his office and either or both shall, upon conviction, be punished as prescribed in section 272506 of the Penal Code of Georgia of 1933, and upon the trial of any person for the violation of this section of this Act, both the candidate making the promise and the person exacting the same shall be a competent witness, one against the other, and shall be compelled to give evidence, and nothing then said by said witness shall at any time be received or given in evidence against him in any prosecution except upon an indictment for perjury in any matter to which he may have testified. Same, election. Section 16. Be it further enacted by the authority aforesaid, that the corporate entity, corporate name and corporate limits of the City of Covington are hereby in all respects fully preserved as defined in the acts appearing on page 630 et seq. Acts of 1918, together with all amendatory Acts thereto, except as herein specifically, provided; and all Acts not inconsistent with this Act are hereby continued in force. Provided, further, that all property rights of the city and all its contractual rights and obligations are hereby expressly declared continued in full force and effect; and that all of its corporate acts, through ordinance or resolution, heretofore done or undertaken, are hereby ratified and confirmed; and that all of its forms heretofore prescribed, and its official Page 2275 acts, through ordinance or resolutions, are hereby preserved, except that additional ordinances shall upon the effective date of this Act be thereafter passed by said board of commissioners of the City of Covington, who are hereby expressly empowered to pass all ordinances and resolutions necessary for the proper government of said city and the conduct of its affairs, except that a proposed ordinance, after being read in any meeting of the commission, shall be published in full in the official county newspaper and shall not come up for passage until five days after publication. Intent. Section 17. No member of the board of commissioners, the city manager, nor any official or employee of the city shall be directly or indirectly interested in any contract, service with or for the city nor in the profits or emoluments therefrom, nor the sale of merchandise to the city, and any contract which violates this section shall be declared null and void. No member of the board of commissioners, the city manager, nor other officer or employee of the city shall accept any gift, frank, pass or other emolument from any person, firm or corporation operating any public utility or engaged in any business of a public nature within the city, or from any person, firm, or corporation seeking to sell or which may desire to sell supplies to the city, perform service for, or make a contract with said city. Commissioners, and city manager, restrictions. Section 18. The board of commissioners shall have the power at any time to cause the affairs of any department to be investigated or the conduct of any official or employee of the city to be investigated, and for such purpose they have full authority to examine witnesses, compel the production of books and papers or other documents, and for that purpose may issue subpoenas which shall be signed by the chairman of the board of commissioners, and any person refusing to respect said subpoenas at the said investigation shall be guilty of a misdemeanor. Investigations. Section 19. The present method of taxing property in said city, of making assessments for this purpose, levying and collecting the same, including all present means of Page 2276 revenue and licenses, shall continue in force until otherwise provided or changed by ordinance of the board under the provisions of this act. Taxation. Section 20. The city commission by a majority vote shall have the right to and is hereby granted full and complete authority to remove the city manager at any time without liability for such removal. Removal of city manager. Section 21. The clerk shall prepare a book for the purpose of receiving the signatures of the voters of the said city to call a recall election. He shall in like manner keep books for the purpose of calling a referendum and initiative elections. Said books shall be open at any time and upon petition in writing by 100 citizens of the said city entitled to vote, which shall plainly and distinctly set forth the purpose and reason for such election and the character of the election to be called, together with the legislation proposed or opposed, in due form, or the name of the officer to be recalled. In case a petition for recall election shall be filed and the books opened, the said election shall be called by the chairman whenever 25% of the registered voters of the city shall in person go to the office where said book is kept, and within 30 days from the opening of said book, personally sign the same, calling such election, but no recall election shall be held within three months of the date when the officer whose recall is proposed began his term of office. Recall election. Section 22. Whenever a recall or initiative or referendum election is called, the same shall be ordered by the chairman to be held in not less than 20 and within 30 days after a sufficient number of the registered voters have signed the book to call the same. Any party or political organization shall have the right in the meantime to hold a primary under the State law governing primaries for the selection of candidates for office, or for the expression of the wishes and beliefs of such political parties or organizations on the matter to be initiated or referred. In case a recall election shall be called, the officer for whose office the election is called shall have the privilege of running in said election and any other citizen Page 2277 eligible to hold office may likewise become a candidate and all rules now governing ordinary and special elections shall govern recall, initiative and referendum election, and all offenses against the purity of election, ballots and primaries, shall apply to recall, initiative and referendum elections or primaries. Same. Section 23. Be it further enacted by the authority aforesaid, that in the referendum election herein provided for, and all future city elections, that after the votes have been counted by the election managers they must sign a certificate stating the number of votes each person voted for received, which certificate shall be delivered to the city clerk at the city hall not later than 10 o'clock in the morning after said election. The ballots shall not be examined by the managers or bystanders, but shall be carefully sealed in a strong envelope or box together with all tally sheets which must bear the signatures of the managers. Said box or envelope shall then be securely sealed with the names of the managers across the seals thereof, and delivered immediately after the completion of the election and the counting of the ballots to the ordinary of Newton County, by whom they shall be kept, and who shall securely lock same in his vault and they shall be kept unopened and unaltered for a period of 30 days, after which time, if said election is not contested, the said ballots shall be destroyed by said ordinary, without examining the same himself, or permitting others to do so. Same. And if said ordinary or any other person shall violate any of this section he shall, upon conviction be punished as provided in section 27-2506 of the Penal Code of Georgia of 1933. Section 24. This act shall become effective only after a majority of the duly qualified electors of the City of Covington, voting in an election as hereinafter provided for, shall vote for commission form of government, and if the majority of said electors so vote, then this Act shall become effective as otherwise provided herein. The mayor and council shall provide for an election to be conducted as elections are now conducted and the returns Page 2278 thereof made by the managers to the mayor and council, who shall declare the results which shall be entered upon the minutes so as to show the number of votes cast for and the number of votes cast against the commission form of government. The clerk shall certify the results of said election to the Secretary of State. The election shall be held on the second Wednesday in July, 1958, and two weeks' publication and notice of the date of said election shall be given in three public places in said city prior to said date. On the issue submitted to the voters of said city aforesaid, the ballots shall be marked For Commission Form of Government and Against Commission Form of Government. If a majority of those voting vote Against Commission Form of Government, this Act shall be void; if a majority of those voting vote For Commission Form of Government, then this Act shall be of force as provided herein from and after January 1, 1959. In said election the qualified voters shall be determined according to the last registration list of said city as used in the last city election, and in addition thereto any one who shall legally qualify to vote in the city 30 days prior to the second Wednesday in July, 1958. The said registration list shall be purged, corrected and brought down to date by the proper authorities 10 days prior to the holding of the said referendum election, as herein provided. Referendum. Section 25. All laws and parts of laws in conflict with this Act shall be repealed, except that all corporate powers and charter provisions heretofore granted said municipality not inconsistent herewith, shall remain of full force and effect to be exercised in the manner and by the methods provided by this Act. Conflicting laws. Notice to Apply for Local Legislation Georgia, Newton County. There will be introduced at the 1958 regular session of the General Assembly of Georgia, a bill to amend the charter of the City of Covington, approved August 18, 1918, and subsequent amendments thereto. Said bill to Page 2279 provide for a commission city manager form of government, and providing for an election to be held submitting the question to the qualified voters of Covington. This January 14th, 1958. W. D. Ballard Representative of Newton County Georgia, Newton County. Before me, the undersigned, a notary public, this day personally appeared A. Belmont Dennis, who first being duly sworn, according to law, says that he is the editor and publisher, of the Covington News, a newspaper of general circulation, and the official organ of Newton County, and that the above and foregoing notice, was published in said paper on the 16th, 23rd, and 30th days of January 1958, as provided by law. /s/ A. Belmont Dennis Editor and Publisher Sworn to and subscribed before me, on this the 31st day of January, 1958. /s/ Reuben M. Tuck (Seal) Notary Public Newton County, Ga. Commission expires December 18, 1960. Approved March 17, 1958. CITY OF GAINESVILLECHARTER AMENDED No. 77 (House Bill No. 834). An Act to amend the Charter of the City of Gainesville, Georgia, so as to add two commissioners-at-large to the present three-man commission, to provide for a referendum to approve or reject this amendment, to provide for the manner of election and terms of the two commissioners-at-large if this amendment is approved by a majority of the qualified voters voting in said referendum, and for other purposes. Page 2280 Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. Section 4 of the charter of the City of Gainesville, Georgia (Ga. L. 1922, p. 834 et seq.) as heretofore amended is stricken in its entirety and a new section 4 is substituted in lieu thereof as follows: Section 4 (a). The commission shall consist of five citizens who shall have been citizens of said city for at least two (2) years next preceding their election. Each commissioner must be at least twenty-five (25) years of age. Said commission shall have all the powers and authority formerly belonging to the mayor and council of said city except as hereinafter provided. The commission shall have in addition such power and authority as in this Act shall be given it. One commissioner shall be elected from each of the three wards of the city in the manner, at the time, and for the term hereinafter specified in this charter. Election and terms of city commissioners. (b) Two (2) commissioners-at-large shall be elected on the first Tuesday in June, 1958, in the same manner as specified for the election of ward commissioners except that nominating petitions of candidates for commissioner-at-large shall specify that the candidate is seeking either Commissioner-at-Large office number 1 or Commissioner-at-Large office number 2. No person shall be voted for at such election unless a nominating petition signed by at least fifty (50) 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 ten (10) days before the day of the election. All voters who have registered by the close of business on the third Saturday in May, 1958, shall be eligible to vote in said election to be held on the first Tuesday in June, 1958. The candidate receiving the highest number of votes for Commissioner-at-Large office number 1 shall be elected for Page 2281 a term beginning July 1st, 1958 and ending December 31st, 1959. The candidate receiving the highest number of votes for Commissioner-at-Large office number 2 shall be elected for a term beginning July 1st, 1958 and ending December 31st, 1960. Except for said initial terms, commissioners-at-large shall be elected in the same manner and at the same time (provided it is a year in which a commissioner-at-large term expires) as ward commissioners as hereinafter provided in this charter for three (3) year terms. Candidates for the commissioner-at-large offices may reside in any of the wards of the city. Section 2. This Act shall not become effective unless approved in a referendum held for such purpose. The secretary of the city commission shall issue the call for a referendum for the purpose of submitting this Act to the voters of the City of Gainesville for approval or rejection. The date of said referendum shall be the first Tuesday in April, 1958. The secretary of the city commission shall cause the date and purpose of the referendum to be published once a week for two (2) weeks preceding the date thereof in the official organ of the City of Gainesville. The ballot shall have printed thereon the words For Approval of the Act Adding Two Additional Commissioners to the Gainesville City Commission and Against Approval of the Act Adding Two Additional Commissioners to the Gainesville City Commission. All voters desiring to vote in favor of this Act shall vote for approval and those voters desiring to vote for rejection of the Act shall vote against approval. If a majority of those voters voting in such referendum vote for approval of the Act, then it shall become of full force and effect. If a majority of those voters voting in such referendum vote against approval of the Act, then it shall be void and of no force and effect. The expense of holding such referendum shall be borne by the City of Gainesville, and such referendum shall be conducted in the same manner as other city elections. It shall be the duty of the secretary of the city commission to certify the results of said referendum to the Secretary of State of Georgia as provided by law. Referendum Page 2282 Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given that application has been made to the representatives from Hall County to the General Assembly of Georgia to introduce in the General Assembly which convenes on January 13, 1958, a bill to amend the charter of the City of Gainesville so as to add two (2) commissioners-at-large to the present three-man commission, to provide for a referendum to approve or reject this amendment, to provide for the manner of election and terms of the two commissioners-at-large if this amendment is approved by a majority of the qualified voters voting in said referendum, and for other purposes. This notice is given in compliance with section 2-1915 and 47-801, Georgia Code Annotated. /s/ Howard T. Overby Howard T. Overby, Representative /s/ Wm. B. Gunter Wm. B. Gunter, Representative 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 Gainesville Daily Times, the official organ for the City of Gainesville and 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 with intention to apply for Page 2283 local legislation and is made for the purpose of being attached to said bill. /s/ Howard T. Overby Howard T. Overby /s/ William B. Gunter William B. Gunter Sworn to and subscribed before me, this 28th day of January, 1958. /s/ Wilbur A. Orr, Jr. Notary Public Wilkes County, Ga. Approved March 17, 1958. CITY OF CARTERSVILLECHARTER AMENDED. No. 78 (House Bill No. 675). 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, particularly by an Act approved February 11, 1957 (Ga. L. 1957, p. 2048), so as to change the corporate limits of said city; to provide what wards additions to the city shall be in; to provide that citizens of annexed territory shall be eligible to be elected to municipal offices; 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 Gainesville, approved February 8, 1937 (Ga. L. 1937, p. 1532), as amended, particularly by an Act approved February 11, 1957 (Ga. L. 1957, p. 2048) is amended by inserting following section 2 thereof a new section which shall be known as section 2A which shall read as follows: Section 2A. In addition to the corporate limits described in section 2 of this Act, the corporate limits of the Page 2284 City of Cartersville shall also include the following described property: (a) All that certain tract or parcel of land situated, lying and being in the County of Bartow, State of Georgia, and lying within the following boundaries, to-wit: Commencing at a point on the present city limits of the City of Cartersville, as presently established by Georgia Law 1937, page 1532 et seq., which point is situated 20 feet southerly from the center line of the Dallas-Cartersville public highway, and being the southwest corner of the end of the city's sidewalk, all as established by the State Highway Department of Georgia; and thence running southerly 30 feet to an iron pin and the State Highway right-of-way line; thence running south 82 degrees 58 minutes west 283.18 feet along said highway right-of-way line to a point situated 50 feet south of the center line of the said highway; thence south 4 degrees no minutes east 268 feet along the property of W. R. Frier to a point designated by an iron pin; thence east 154 feet, more or less, to an iron pin; thence south along the Bradford property 32 feet to a pin; thence north 83 degrees 6 minutes east 270.02 feet along the property of Sara J. and Bunyan Leake, estate and Mrs. Helen H. Collins to the present Cartersville city limits; and running thence northwesterly along the Cartersville city limits to the point of beginning. Corporate limits. (b) All that certain tract or parcel of land lying and being in the County of Bartow, State of Georgia lying within the following boundaries, to-wit: Commencing at a point on the south boundary line a lot of land number four hundred eighty-six (486) of the fourth district (4th) and third section (3rd) of Bartow County, Georgia, at a point fifteen feet (15) eastward from the center line of the main tract of the railroad known as the Seaboard Railroad; thence north 29 degrees, 50 minutes east (N. 29-50 E.) fourteen hundred twenty-two and 83 hundreths (1422.83) feet, at all points fifteen (15) feet east from said center line, to the center line of the Mission Public Road; thence north 89 degrees, fifty-two minutes (N. 89-52' E.) east eight hundred seventy (870.54) and fifty-four hundredths feet, to the west boundary line of City of Cartersville; thence southward along the west boundary line of City of Cartersville and on a curvature of one degree no minutes thirty-three and eight tenths inches (1-0 33.8) twelve hundred sixty-five (1265) feet, more or less, to the south boundary line of said lot of land number four hundred eighty-six (486); thence due west along the south boundary line of said lot seventeen hundred fifty-nine (1759.92) and ninety-two hundredths feet, more or less, to the point of beginning. Page 2285 (c) All that certain tract or parcel of land situated, lying and being in the County of Bartow, and State of Georgia, designated, and lying within the following boundaries, to-wit: Commencing at a point designated by a City of Cartersville City limits marker situated at a point on the said city limits 5280 feet north 34 degrees 25 minutes west from the center of the City of Cartersville, as established by Georgia Law of 1937, page 1532 et seq., approved February 8, 1937, on the present city limits curvature of one degree 5.11 minutes; thence continuing north 34 degrees 25 minutes west a distance of 89 feet to the center line of the Western and Atlantic Railroad main track; thence running south 41 degrees 41 minutes west a distance of 87 feet from the center line of the said railroad main line track to a point; thence running northwesterly parallel to the center line of the main track of Western and Atlantic Railroad to a point which point is 84 feet west of a mile post A-49 measured along the center line of the main track 75 feet distance therefrom; thence toward the railway and at right angle thereto a distance of 42 feet; thence north 82 degrees 6 minutes west 500.9 feet; thence north 9 degrees 58 minutes east 18 feet; thence parallel to and 33 feet distant from the center line of main track north 80 degrees 2 minutes west 135.2 feet; thence south 9 degrees 58 minutes west 17 feet; thence northwesterly a distance of 200 feet to a point which is 33 feet from the center line of the Western and Atlantic Railroad measured at right angles thereto; thence in a northwesterly direction along the western edge of right-of-way of the Western and Atlantic Railroad to the line which forms the north boundary of lots Page 2286 271 and 272 a distance of 2550 feet, more or less, and a point which is situated 55.5 feet west of railroad station 2621 plus 62.8; thence south 89 degrees 39 minutes west 2799.50 feet along a wire fence set in concrete post along the north lot lines of 272 and 273 to the northwest corner of lot 273; thence along a wire fence along the west boundary of lot 273 south 1 degree 37 minutes east 1146.82 feet to center of the Kingston or Gilliam Springs Road; thence along the north line of lot 303 the center of the Kingston or Gilliam Springs Road to Burnt Hickory Road south 88 degrees 47 minutes west 165.09 feet; thence along wire fence with concrete post south 1 degree 13 minutes east 27.30 feet; thence south 20 degrees 3 minutes east 303.60 feet along same fence; thence south 7 degrees 46 minutes east 373.85 feet along said wire fence thence continuing along the wire fence with concrete post north 86 degrees 10 minutes east 1366.46 feet to west side of lot 305; thence along the west side of lots 305, 344, and 377 and along the same type of fence south no degrees 57 minutes east 2,960.54 feet to lands owned by W. A. Jackson; thence north 76 degrees 10 minutes east along wire fence with concrete post a distance of 2425.93 feet to the center of Pettits Creek; thence along the bed of stream the following courses and distances north 8 degrees 32 minutes east 229.20 feet, north 44 degrees 10 minutes east 177.60 feet, north 18 degrees 5 minutes east 312.60 feet, north 34 degrees 26 minutes east 200 feet, north 53 degrees 20 minutes east 90 feet, north 28 degrees 43 minutes east 220 feet, north 0 degrees 15 minutes west 254.04 feet, and north 29 degrees 6 minutes east 71.1 feet to the center of Pettits Creek and a point formed by the intersection of a line running north 59 degrees 37 minutes west; thence southeasterly parallel to and 20 feet distant from the center line of the spur track the following courses and distances crossing the present city limits of the City of Cartersville, south 59 degrees 37 minutes east 251.6 feet, south 55 degrees 57 minutes east 97.9 feet, south 47 degrees 37 minutes east, 97.1 feet, south 39 degrees 30 minutes east 97.8 feet, south 35 degrees 13 minutes east 77.2 feet, south 34 degrees 47 minutes east 421.9 feet, south 34 degrees 16 minutes east 99.6 feet, south 32 degrees 35 minutes east 99.3 feet, south Page 2287 30 degrees 14 minutes east 137.6 feet, south 29 degrees 20 minutes east 655.8 feet, south 28 degrees 57 minutes east 50.2 feet, south 26 degrees 37 minutes east 31.8 feet, south 21 degrees 47 minutes east 39.5 feet, south 14 degrees 19 minutes east 51 feet, and south 5 degrees 36 minutes east 40.2 feet crossing the city limits at the present city limits of the City of Cartersville and continuing to a point to land owned by Eugene Smith which point is south and westerly 20 feet distance from the center line of the Seaboard Airline spur track measured at right angles thereto; thence north 87 degrees 35 minutes east 40.0 feet; thence north 12 degrees 2 minutes west 43.5 feet; thence north 20 degrees 34 minutes west 58.5 feet; thence north 28 degrees 7 minutes west 44.5 feet; thence north 33 degrees 2 minutes west 35.6 feet; thence north 60 degrees 9 minutes east 77.9 feet; thence north 29 degrees 20 minutes west 36.14 feet to a point on the present city limits situated 5280 feet from the center of Cartersville formed by the intersection of the present city limits radius running south 55 degrees 30 minutes east with the present city limits curvature of one degree 05.11 minutes; thence running northeasterly along the present city limits curvature with an arc distance of 1942.90 feet to the point of beginning. Section 2. Said Act is further amended by striking section 3 thereof in its entirety and inserting in lieu thereof a new section 3 which shall read as follows: Section 3. Said City of Cartersville is, and shall continue to be, divided into four wards as follows: First ward, that section of Cartersville east of the center line of the main line track of the Western and Atlantic Railroad, and north of the center line of East Market Street; Second ward, that section of the City of Cartersville east of the center line of the main line tract of the Western and Atlantic Railroad, and south of the center line of East Market Street; Wards. Page 2288 Third ward, that section of the City of Cartersville west of the center line of the main line track of the Western and Atlantic Railroad and south of the center line of West Market Street; and all that certain tract or parcel of land situated, lying and being in the County of Bartow, State of Georgia, and lying within the following boundaries, to-wit: Commencing at a point on the present city limits of the City of Cartersville, as presently established by Georgia Law 1937, page 1532 et seq., which point is situated 20 feet southerly from the center line of the Dallas-Cartersville public highway, and being the southwest corner of the end of the city's sidewalk, all as established by the State Highway Department of Georgia; and thence running southerly 30 feet to an iron pin and the State Highway right-of-way line; thence running south 82 degrees 58 minutes west 283.18 feet along said highway right-of-way line to a point situated 50 feet south of the center line of the said highway; thence south 4 degrees no minutes east 268 feet along the property of W. R. Frier to a point designated by an iron pin; thence east 154 feet, more or less, to an iron pin; thence south along the Bradford property 32 feet to a pin; thence north 83 degrees 6 minutes east 270.02 feet along the property of Sara J. and Bunyan Leake, estate and Mrs. Helen H. Collins to the present Cartersville city limits; and running thence northwesterly along the Cartersville city limits to the point of beginning; and all that certain tract of parcel of land lying and being in the County of Bartow, State of Georgia, lying within the following boundaries, to-wit: Commencing at a point on the south boundary line of lot of land number four hundred eighty-six (486) of the fourth district (4th) and third section (3rd) of Bartow County, Georgia, at a point fifteen feet (15) eastward from the center line of the main track of the railroad known as the Seaboard Railroad; thence north 29 degrees 50 minutes east (N. 29-50 E.) fourteen hundred twenty-two and 83 hundredths (1422.83) feet, at all points fifteen (15) feet east from said center line, to the center line of the Mission Public Road; thence north 89 degrees fifty-two minutes (N. 89-52 E.) east eight hundred seventy (870.54) and fifty-four hundredths feet, to Page 2289 the west boundary line of City of Cartersville; thence southward along the west boundary line of City of Cartersville and on a curvature of one degree no minutes thirty-three and eight tenths inches (1-0 33.8) twelve hundred sixty-five (1265) feet, more or less, to the south boundary line of said lot of land number four hundred eighty-six (486); thence due west along the south boundary line of said lot seventeen hundred fifty-nine (1759.92) and ninety-two hundredths feet, more or less, to the point of beginning. Fourth ward, that section of the City of Cartersville west of the centerline of the main tract of the Western and Atlantic Railroad, and north of the center line of West Market Street; and all that certain tract of parcel of land situated, lying and being in the County of Bartow, and State of Georgia, designated, and lying within the following boundaries, to-wit: Commencing at a point designated by a City of Cartersville city limits marker situated at a point on the said city limits 5280 feet north 34 degrees 25 minutes west from the center of the City of Cartersville, as established by Georgia Law of 1937, page 1532 et seq., approved February 8, 1937, on the present city limits curvature of one degree 5.11 minutes; thence continuing north 34 degrees 25 minutes west a distance of 89 feet to the center line of the Western and Atlantic Railroad main track; thence running south 41 degrees 41 minutes west a distance of 87 feet from the center line of the said railroad main line track to a point; thence running northwesterly parallel to the center line of the main track of Western and Atlantic Railroad to a point which point is 84 feet west of mile post A-49 measured along the center line of the main track 75 feet distance therefrom; thence toward the railway and at right angle thereto a distance of 42 feet; thence north 82 degrees 6 minutes west 500.9 feet; thence north 9 degrees 58 minutes east 18 feet; thence parallel to and 33 feet distant from the center line of main track north 80 degrees 2 minutes west 135.2 feet; thence south 9 degrees 58 minutes west 17 feet; thence northwesterly a distance of 200 feet to a point which is 33 feet from the center line of the Western and Atlantic Railroad measured at right angles Page 2290 thereto; thence in a northwesterly direction along the western edge of right-of-way of the Western and Atlantic Railroad to the line which forms the north boundary of lots 271 and 272 a distance of 2550 feet, more or less, and a point which is situated 55.5 feet west of railroad station 2621 plus 62.8; thence south 89 degrees 39 minutes west 2799.50 feet along a wire fence set in concrete posts along the north lot lines of 272 and 273 to the northwest corner of lot 273; thence along a wire fence along the west boundary of lot 273 south 1 degree 37 minutes east 1146.82 feet to center of the Kingston or Gilliam Springs Road; thence along the north line of lot 303 the center of the Kingston or Gilliam Springs Road to Burnt Hickory Road south 88 degrees 47 minutes west 165.09 feet; thence along wire fence with concrete posts south 1 degree 13 minutes east 27.30 feet; thence south 20 degrees 3 minutes east 303.60 feet along same fence; thence south 7 degrees 46 minutes east 373.85 feet along said wire fence thence continuing along the wire fence with concrete posts north 86 degrees 10 minutes east 1366.46 feet to west side of lot 305; thence along the west side of lots 305, 344, and 377 and along the same type of fence south no degrees 57 minutes east 2,960.54 feet to lands owned by W. A. Jackson; thence north 76 degrees 10 minutes east along wire fence with concrete post a distance of 2425.93 feet to the center of Pettits Creek; thence along the bed of stream the following courses and distances north 8 degrees 32 minutes east 229.20 feet, north 44 degrees 10 minutes east 177.60 feet, north 18 degrees 5 minutes east 312.60 feet, north 34 degrees 26 minutes east 200 feet, north 53 degrees 20 minutes east 90 feet, north 28 degrees 43 minutes east 220 feet, north 0 degrees 15 minutes west 254.04 feet, and north 29 degrees 6 minutes east 71.1 feet to the center of Pettits Creek and a point formed by the intersection of a line running north 59 degrees 37 minutes west; thence southeasterly parallel to and 20 feet distant from the center line of the spur track the following courses and distances crossing the present city limits of the City of Cartersville, south 59 degrees 37 minutes east 251.6 feet, south 55 degrees 57 minutes east 97.9 feet, south 47 degrees 37 minutes east, 97.1 feet, south 39 degrees 30 minutes east 97.8 feet, south 35 degrees 13 minutes east 77.2 feet, south 34 degrees 47 minutes east 421.9 feet, south 34 degrees 16 minutes east 99.6 feet, south 32 degrees 35 minutes east 99.3 feet, south 30 degrees 14 minutes east 137.6 feet, south 29 degrees 20 minutes east 655.8 feet, south 28 degrees 57 minutes east 50.2 feet, south 26 degrees 37 minutes east 31.8 feet, south 21 degrees 47 minutes east 39.5 feet, south 14 degrees 19 minutes east 51 feet, and south 5 degrees 36 minutes east 40.2 feet crossing the city limits at the present city limits of the City of Cartersville and continuing to a point to land owned by Eugene Smith which point is south and westerly 20 feet distance from the center line of the Seaboard Airline spur track measured at right angles thereto; thence north 87 degrees 35 minutes east 40.0 feet; thence north 12 degrees 2 minutes west 43.5 feet; thence north 20 degrees 34 minutes west 58.5 feet; thence north 28 degrees 7 minutes west 44.5 feet; thence north 33 degrees 2 minutes west 35.6 feet; thence north 60 degrees 9 minutes east 77.9 feet; thence north 29 degrees 20 minutes west 36.14 feet to a point on the present city limits situated 5280 feet from the center of Cartersville formed by the intersection of the present city limits radius running south 55 degrees 30 minutes east with the present city limits curvature of one degree 05.11 minutes; thence running northeasterly along the present city limits curvature with an arc distance of 1942.90 feet to the point of beginning. Page 2291 Section 3. All persons who have been residents of the area annexed to the City of Cartersville for six (6) months prior to the effective date of this Act shall be eligible to hold any municipal office in said city including being a member of the Cartersville School Board without regard to the fact that they shall not be registered qualified voters of the City of Cartersville because they have not resided in said city for a period of six (6) months as required by section 11 of an Act creating the City of Cartersville approved February 8, 1937 (Ga. L. 1937, p. 1532), as amended, particularly by an Act approved February 11, 1957 (Ga. L. 1957, p. 2048). Electors. Page 2292 Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia legislation to amend the charter of the City of Cartersville, as amended, by extending the corporate limits of said city so as to embrace all of the area comprising the Village of Atco, Georgia, and its environs; together with all of those areas which have heretofore been annexed by ordinance, or so petitioned to be annexed; to repeal conflicting laws; and for other purposes. This 10th day of December, 1957. Wm. B. Greene Representative Bartow County, Georgia 12-12-3T. Fulton County, Georgia. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William B. Greene and Woodrow H. Bradley, who, on oath, deposes and says that they are Representatives from Bartow County, and that the attached copy of notice of intention to introduce local legislation was published in the The Bartow Herald which is the official organ of said county, on the following dates: December 12, 1957; December 19, 1957; and December 26, 1957. /s/ Woodrow H. Bradley Woodrow H. Bradley /s/ Wm. B. Greene Representative, Bartow County Page 2293 Sworn to and subscribed before me, this 15th day of January, 1958. /s/ Janette Hirsch Notary Public, Georgia, State-at-Large. My commission expires October 4, 1960. (Seal). Approved March 17, 1958. CITY OF COLLEGE PARKCHARTER AMENDED. No. 79 (House Bill No. 1003). 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, etc., 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 Page 2294 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. That portion of land lot 25, 13th district, Clayton County Georgia, lying West of Harrison Road and South of East Bell Street, not now within the city limits of City of College Park, Georgia, said parcel of land containing 1.75 Acres, more or less. 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 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 businesses; to assess, issue executions for, and in case of default, to sell the property upon which said assessment, 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. Authority extended over annexed territory. Section 3. The mayor and council of said City of College Park are 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. Same, wards. Page 2295 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 1945, and there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. Section 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 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, 24, 31 days of December, 1957, and on the 8, 15, 22 days of January, 1958 as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 24th day of January, 1958. /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 College Park intends to apply for the passage of local legislation at Page 2296 the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Georgia. Dec 18 25 Jan 1 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 the publication of which the annexed is a true copy, was published in said paper on the 26th day of December, 1957, and once each week thereafter for 4 weeks as provided by law. /s/ Jack Troy. Page 2297 Subscribed and sworn to before me, this 23rd day of January, 1958. /s/ T. F. Nicholson, My Commission Expires Oct. 24, 1958. Notary Public, Clayton County, Georgia. 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 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Georgia. Approved March 17, 1958. Page 2298 SMALL CLAIMS COURTS IN CERTAIN COUNTIES. No. 80 (Senate Bill No. 247). An Act creating a Small Claims Court in certain counties in this State; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribe his remuneration; to validate acts and proceedings therein and to provide 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 18,923 and not more than 18,996 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 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 granted, the 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 causes 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 Page 2299 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 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 Page 2300 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 facie evidence of service upon the defendant. (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 of 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. 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 Page 2301 case while 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 of 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. Hearings. (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 or prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against 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, Page 2302 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. Judgment. 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. 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 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 judgments returned in a small claims court, to the Superior Court, and the same provisions now provided for by the 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 Page 2303 any forms now employed and of any form of summons now provided by law: Forms. Page 2304 Section 17. 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 Page 2305 terms of four years each, and until their successors are appointed and qualified. Terms and appointment of judge. Section 18. All forms, docket books, file jacket, filing cabinets and the like, required by this act shall be furnished by the county commissioners. Supplies. Section 19. If any work, phrase, sentence, section or part of this act is declared unconstitutional the remainder shall remain in full force and effect. Section 20. This Act to become effective upon approval of the Governor. Section 21. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 17, 1958. CITY OF LAFAYETTECITY MANAGER FORM OF GOVERNMENT. No. 81 (Senate Bill No. 286). An Act to amend an Act amending, codifying and consolidating the Acts incorporating the City of LaFayette, approved August 17, 1914 (Ga. L. 1914, p. 936), as amended, so as to establish a city manager form of government in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending, codifying and consolidating the Acts incorporating the City of LaFayette, approved August 17, 1914 (Ga. L. 1914, p. 936), as amended, is amended by inserting following section 3 thereof a new section which shall be known as section 3A which shall read as follows: Page 2306 Section 3A a. The mayor and council of the City of LaFayette shall select and appoint a city manager for the City of LaFayette, who shall, subject to the control, direction and supervision of the mayor and council, be the head of the administrative branch of the municipal government of the City of LaFayette and responsible for the efficient administration of all departments of said municipal government. City manager. b. The city manager shall be chosen solely on the basis of ability, training and experience. At the time of his appointment he need not be a resident of the city or State, but during his tenure of office he shall reside within the city. No person elected to be mayor or councilman of the City of LaFayette shall, subsequent to such election, be eligible for appointment as city manager until after one year has elapsed following the expiration of the term for which he was elected. c. The city manager shall be appointed for an indefinite term, shall hold office at the pleasure of the mayor and council, and may be removed from office by the mayor and council at their discretion. Term. d. The mayor and council may designate a person or persons to perform the functions and duties of the city manager during his absence or disability. Vacancies in the office of city manager shall be filled by the mayor and council as early as practicable, and until such vacancy is filled, the mayor and council shall have full power to make a temporary appointment or to perform the functions and duties of the office. e. The city manager shall receive such compensation as may from time to time be prescribed by ordinance or resolution of the mayor and council. f. The city manager shall devote his full time and attention to the affairs of the city, and shall be responsible to the mayor and council for the efficient administration of all the affairs of the city over which he has jurisdiction. Page 2307 g. Subject to the control, direction, and supervision of the mayor and council, the city manager shall have power and it shall be his duty: Same, duties. (1) To see that all laws and ordinances are enforced. (2) To see that the business and affairs of the city are efficiently organized and handled. (3) To exercise administrative control over all regular departments and divisions of the City of LaFayette. (4) To recommend to the mayor and council for appointment or election all officers which said mayor and council may have authority to appoint or elect. Such appointees shall appoint and remove all subordinate officers and employees in their respective offices and departments with the approval of the city manager. Upon failure of such appointees and/or the city manager to act in making such appointments and removals, the mayor and council shall have full power and authority to act. Nothing herein shall prevent the mayor and council from creating, abolishing, consolidating, altering, or modifying departments. (5) To attend the meetings of the mayor and council, with the right to take part in all discussions, but having no vote. (6) To recommend to the mayor and council for adoption such measures as he may deem necessary or expedient. (7) To prepare and submit to the mayor and council an annual budget. (8) To keep the mayor and council fully advised as to the financial condition and needs of the city. (9) To make and execute all lawful contracts on behalf of the City of LaFayette as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance or resolution of the mayor and council; provided that no contract, purchase or obligation, involving more than $500.00 shall be valid or binding until approved by the mayor and council; and provided further that without the approval of the mayor and council neither the city manager nor other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth of the annual budget, therefor, as fixed by the mayor and council, and provided further that no department head of the City of LaFayette shall make any purchase on behalf of said city without a written purchase order signed by the city manager. (10) To make to the mayor and council monthly written reports showing his acts and doings, the operations of the city, and all city disbursements, purchases, contracts, and obligations. (11) To perform such other duties as may be required by ordinance or resolution of the mayor and council. (12) To give bond in the penal sum fixed by the mayor and council, with surety approved by the mayor and council, payable to the City of LaFayette, and its successors and assigns, for the benefit of the said City of LaFayette and for the use and benefit of the public, to secure and indemnify the City of LaFayette and each and all of the public, by reason of his default, misfeasance, malfeasance, and /or non-feasance in the performance of his duties. The premiums for such bonds shall be paid by the City of LaFayette. Page 2308 Section 2. Said Act is further amended by inserting in section 13 thereof following the word, LaFayette, the words, with the assistance of the city manager, so that said section, as amended hereby, shall read as follows: Section 13. Be it further enacted, that the mayor Page 2309 and council of said City of LaFayette with the assistance of the city manager shall be and are duly required to make a public financial statement of the amounts received and expended by them as officials of said city at the close of each year, the board of school trustees shall also make a similar financial statement at the close of each year. Annual financial statements. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Enrolled Act has evidence of advertisement, or affidavit, or both attached thereto. Approved March 17, 1958. CITY OF COLLEGE PARKCHARTER AMENDED. No. 84 (House Bill No. 1002). 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, etc., 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 limts, 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 mendments thereto, be and the same are hereby amended as follows: Page 2310 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: A parcel of land in land lots 39 and 58, 13th district, Clayton County, Georgia, and being more particularly described as follows: Beginning at a point on the west line of said land lot 39, said point being a corner in the city limit line of College Park; thence east along the city limit line to a point on the east right-of-way line of West Fayetteville Road, said point also being a corner of the city limit line of said College Park; thence southerly and along the east right-of-way line of West Fayetteville Road and the present city limit line, extending to the center line of a creek known as Sullivan's Branch or Slate River; thence southeasterly and along the center line of said creek or branch, being the property line of C. E. and Elizabeth Haynes Bailey, to a point on the line dividing the property of said Bailey and property of the Liberty Baptist Church; thence east and along said dividing property line, a distance of eight hundred and thirty-eight (838) feet, more or less, to the Bailey property corner; thence south and parallel to the west line of land lot 58, along the Bailey property line to the south line of said land lot 58; thence west along the south line of land lot 58, to the southwest corner of land lot 58; thence north along the west line of land lots 58 and 39 to the point of beginning. Corporate limits. Section 2. The jurisdiction of the mayor and council 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 Page 2311 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 businesses; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of section 1 of this Act. Said new territory is likewise made subject to all the bonds heretofore issued by mayor and council of the City of College Park, and is bound for the payment of bonds generally with the former territory of said municipality. Corporate powers. Section 3. The mayor and council of said City of College Park are 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 re-adjusting said territory to and with the rest of said city. Wards. Section 4. Not less than fifteen nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of College Park to issue the call for an election for the purpose of submitting this Act to the property owners and/or voters of the within proposed territory to be annexed to City of College Park for approval or rejection. The date of the election shall be set for a day not less than thirty days nor more than sixty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of College Park and also the newspaper in which the sheriff's advertisements for Clayton County, Georgia are published. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for Page 2312 rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of College Park. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvas the returns and declare and certify the results of the election, and certify the results to the Secretary of State. Section 5. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia 1945, and there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. 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, 24, 31 days of December, 1957, and on the 8, 15, 22 days of January 1958 as provided by law. /s/ Frank Kempton. Page 2313 Subscribed and sworn to before me, this 24th day of January, 1958. /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 College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park By: Henry G. Crawford, City Attorney. 912 N.W. Main Street, College Park, Georgia. Dec. 18, 25; Jan. 1, 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, Page 2314 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 the publication of which the annexed is a true copy, was published in said paper on the 26th day of December, 1957, and once each week thereafter for 4 weeks as provided by law. /s/ Jack Troy. Subscribed and sworn to before me, this 23rd day of January, 1958. /s/ T. F. Nicholson, Notary Public, Clayton County, Georgia. My commission expires Oct. 24, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, the title of such bill or bills to be 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, etc., 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 17, 1957. City of College Park. By: Henry G. Crawford, City Attorney. 912 N.W. Main Street, College Park, Georgia. Approved March 17, 1958. Page 2315 CITY OF DONALSONVILLECHARTER AMENDED. No. 85 (House Bill No. 924). An Act to amend an Act creating a new charter for the City of Donalsonville, approved August 20, 1906 (Ga. L. 1906, p. 682), as amended, particularly by an Act approved August 19, 1922 (Ga. L. 1922, p. 784), 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 Donalsonville, approved August 20, 1906 (Ga. L. 1906, p. 682), as amended, particularly by an Act approved August 19, 1922 (Ga. L. 1922, p. 784), is hereby amended by striking from section 27 of said Act the words two hundred dollars and the words twelve dollars, and by substituting in lieu thereof the words five hundred dollars and the words one hundred twenty dollars, respectively, so that said section, as amended hereby, shall read: Section 27. Be it further enacted by the authority aforesaid, that the compensation or salaries of mayor and councilmen and all other officers, servants and employees of the town, shall be such sum as the town council may fix; provided, however, that the mayor's salary shall not exceed five hundred dollars a year, and that of the aldermen shall not exceed the sum of one hundred twenty dollars each year, but the mayor and aldermen, and such other officers as they may designate, may in addition thereto be relieved of street-tax and street-duty. Compensation of mayor and councilmen. Section 2. This Act shall become effective January 1, 1959. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2316 Legal Notices. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to amend the charter of the City of Donalsonville so as to change the amount of compensation that the mayor and alderman may receive, and for other purposes. This 8th day of January, 1958. W. Ellison Dunn, Senator, Eighth District. J. Otis Brackin, Seminole County Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Otis Brackin, who, on oath, deposes and says that he is representative from Seminole County, and that the attached copy of notice of intention to introduce local legislation was published in the Donalsonville News which is the official organ of said county, on the following dates: January 10, January 17 and January 24, 1958. /s/ J. Otis Brackin. J. Otis Brackin, Representative, Seminole County. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ J. M. Cowart, Notary Public State-at-Large, Ga. Approved March 17, 1958. Page 2317 ACT CREATING PLANNING AND ZONING COMMISSIONS IN CERTAIN COUNTIES AMENDED. No. 86 (House Bill No. 890). An Act to amend an Act (Ga. L. 1951, p. 481) as amended, entitled: An Act providing for counties having a population bewteen 108,000 and 112,000 under the 1950 United States census or any subsequent census, a county planning and zoning commission and a county board of zoning appeals, and providing for their creation, organization, functions and powers, and for the planning and zoning of said counties; repealing or superseding conflicting Acts and parts of Acts; and for other purposes; by amending section 14 of said Act, which section specifies the mode of giving notice of approval of plats, 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. That an Act entitled: An Act (Ga. L. 1951, p. 481) as amended, entitled: An Act providing, for counties having a population between 108,000 and 112,000 under the 1950 United States census or any subsequent census, a county planning and zoning commission and a county board of zoning appeals, and providing for their creation, organization, functions and powers, and for the planning and zoning of said counties; repealing or superseding conflicting Acts and parts of Acts; and for other purposes., is hereby amended by striking from said section 14 of said Act the following language: Notice shall be sent to the said address by registered mail of the time and place of such hearing not less than five days before the date fixed therefor. Similar notice shall be mailed to the owners of land immediately adjoining the platted land, as their names appear on the records of the clerk of the superior court., and inserting in lieu thereof the following language; Notice of said hearing shall be published in the legal gazette of the county in which said property is located at least ten (10) days Page 2318 prior to said hearing., so that said section, when amended, shall read as follows: Counties where applicable. Section 14. Procedure; legal effect of approval of plat. The commission shall approve or disapprove a plat within sixty days after the submission thereof it; otherwise such plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the commission on demand. The applicant for the commission's approval may, however, waive this requirement and consent to an extension of such period. The ground of disapproval of any plat shall be set forth in the minutes of the commission. Each plat submitted to the commission shall contain the name and address of a person to whom notice of a hearing shall be sent, and no plat shall be acted on by the commission without affording a hearing thereon. Notice of said hearing shall be published in the legal gazette of the county in which said property is located at least ten (10) days prior to said hearing. Every plat approved by the commission shall, by virtue of such approval, be deemed to be an amendment of or an addition to or a detail of the official plan and a part thereof. Approval of the plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat. Section 2. Be it further enacted that all laws or parts of laws in conflict with this amendment be, and the same are hereby repealed. Approved March 17, 1958. TAX COMMISSIONER OF FLOYD COUNTYASSISTANTS. No. 87 (House Bill No. 1047). 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 Page 2319 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 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 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, published as Ga. L. 1950, p. 2749 et seq., as amended, by striking section 9 thereof and inserting in lieu thereof a new section providing for the employment of deputy tax commissioners and clerks, and fixing their compensation, so as to increase the number of senior deputy tax commissioners of Floyd County, Georgia, from one to two, to increase the number of junior deputy tax commissioners of said county from two to three, and to permit one senior deputy tax commissioner to serve as a special assistant to the board of tax assessors of said county during all or parts of April, May and June of each year, at times not in conflict with his or her regular duties, and to be paid therefor at the rate of $100.00 per month, in addition to his or her regular salary, out of the county treasury; and for other purposes. Page 2320 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 authority of the same, that that certain 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 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 receivere 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, published as Georgia Laws, 1950, page 2749 et seq., as amended, is hereby amended, as follows: (a) By striking therefrom all of section 9 thereof as amended; and Page 2321 (b) By substituting in lieu of said stricken section 9, as amended, 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 tax commissioner, whose compensation shall be not more than $5,500.00 per annum; two senior deputy tax commissioners, whose compensation shall be not more than $3,600.00 per annum; three junior deputy tax commissioners, whose compensation shall be not more than $3,000.00 per annum; one clerk, whose compensation shall be not more than $2,700.00 per annum; and two 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. Deputy tax commissioners. One of said senior deputy tax commissioners may, if required to do so by the board of tax assessors of said county, serve as a special assistant to said board of tax assessors during all or a part of the months of April, May and June of each year at such time or times as do not conflict with his or her duties as senior deputy tax commissioner, and, if so employed as said special assistant to said board of tax assessors, shall be paid out of the general funds of the county, in addition to his or her salary as said senior deputy tax commissioner, at the rate of $100.00 per month for such time as he or she is so employed. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. There is attached hereto and made a part of this bill a copy of a notice of intention to apply for this legislation, duly published as required by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at its session beginning in Page 2322 January, 1958, for the enactment of a local bill to amend an Act of the General Assembly approved February 17, 1950, published as Georgia Laws 1950, page 2749 et seq., as amended, so as to increase the number of senior deputy tax commissioners of Floyd County, Georgia, from one to two, to increase the number of junior deputy tax commissioners of said county from two to three, and to permit one senior deputy tax commissioner to serve as a special assistant to the board of tax assessors of said county during all or parts of April, May and June of each year, at times not in conflict with his or her regular duties, and to be paid therefor at the rate of $100.00 per month, in addition to his or her regular salary, out of the county treasury, and for other purposes. John W. Winkle, Jr. 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 10th day of February, 1958. /s/ J. W. Winkle, Jr., Notary Public, State of Georgia. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at its session beginning in January, 1958, for the enactment of a local bill to amend an Act of the General Assembly approved February 17, 1950, published as Georgia Laws 1950, page 2749 et. seq., as amended, so as to increase the number of senior Page 2323 deputy tax commissioners of Floyd County, Georgia, from one to two, to increase the number of junior deputy tax commissioners of said county from two to three, and to permit one senior deputy tax commissioner to serve as a special assistant to the board of tax assessors of said county during all or parts of April, May and June of each year, at times not in conflict with his or her regular duties, and to be paid therefor at the rate of $100.00 per month, in addition to his or her regular salary, out of the county treasury, and for other purposes. John W. Winkle, Jr. Jan. 17, 20, 27. Approved March 17, 1958. CIVIL COURT OF FULTON COUNTYSALES OF PERSONAL PROPERTY. No. 88 (House Bill No. 1054). An Act to amend an Act approved August 20, 1913 (Ga. L. 1913, pp. 145-177, inclusive), establishing a Municipal Court of the City of Atlanta per authority of the amendment to Paragraph 1 of Section 7 of Article 6 of the Constitution of the State of Georgia ratified October 2, 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 the City of Atlanta, and several acts amendatory thereof, particularly section 53 of said original Act as amended by section 6 of the amendatory Act approved March 28, 1935 (Ga. L. 1935, pp. 500-505) relating to the time, place and manner of holding public sales of property under execution, by providing that by general order of the Chief Judge of the Civil Court of Fulton County, published in the official newspaper of the county, and also in two other newspapers having general circulation in Fulton County, and entered upon the minutes of said court, all such sales of personal property may be held at a place other than before the courthouse door, if it is the opinion of the Chief Judge of the Civil Court of Fulton County that holding such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public street in front of the courthouse door; to provide that no such property be sold at a place different from that shown on the advertisement of the sale; to provide that no such sales shall be held at places other than before the courthouse door prior to May 1, 1958, and that the place of such sales may be changed from time to time by proper order and advertisement, and for other purposes. Page 2324 Be and it is hereby enacted by the General Assembly of Georgia: Section 1. That section 53 of the Act approved August 20, 1913 (Ga. L. 1913, pp. 145-177, inclusive) as amended by section 6 of the amendatory Act approved March 28, 1935 (Ga. L. 1935, pp. 500-505), providing for the time, place and manner of holding public sales under execution, be and the same is hereby amended by adding thereto the following: and provided that by general order of the Chief Judge of the Civil Court of Fulton County, published once a week for four weeks in the official newspaper of the county, and also in two other newspapers having general circulation in Fulton County, and entered upon the minutes of said court, all such sales of personal property may be held at a place other than before the courthouse door, if it is the opinion of the Chief Judge of the Civil Court of Fulton County that holding such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public street in front of the courthouse door; and further provided that no such property be sold at a place different from that shown on the advertisement of Page 2325 the sale; and further provided that no such sales shall be held at places other than before the courthouse door prior to May 1, 1958; provided further, that after the issuance of the first general order above mentioned said chief judge may, from time to time, change the place of holding such sales by another general order published as aforesaid., so that said paragraph one of said section 53 of the Act of 1913, as amended, will read as follows: Be it further enacted by the authority aforesaid, that all sales of personal property levied upon under processes of this court in Fulton County shall take place before the courthouse door of Fulton County; all of said sales to be held on the first and third Mondays of each month; all of said sales to be held between the hours of ten o'clock a.m. and four o'clock p.m., at public outcry on such Monday following ten days' advertisement by notice posted at the courthouse door, describing the property to be sold, the place and hour of sale, the name and residence of the owner of such property, if known to the levying officer, the style of the case in which the execution is issued, and the location of the place where the property was seized, and provided that by general order of the Chief Judge of the Civil Court of Fulton County, published once a week for four weeks in the official newspaper of the county, and also in two other newspapers having general circulation in Fulton County, and entered upon the minutes of said court, all such sales of personal property may be held at a place other than before the courthouse door, if it is the opinion of the Chief Judge of the Civil Court of Fulton County that holding such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public street in front of the courthouse door; and further provided that no such property be sold at a place different from that shown on the advertisement of the sale; and further provided that no such sales shall be held at places other than before the courthouse door prior to May 1, 1958; provided further, that after the issuance of the first general order above mentioned said chief judge may, from time to time, change the place of holding Page 2326 such sales by another general order published as aforesaid. Section 2. All laws and parts of laws in conflict herewith are repealed. Section 3. Be it further enacted by the authority aforesaid, that the General Assembly finds upon investigation and declares that notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice is hereto attached and made a part hereof. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the 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 10, 17, 24, 31 days of January, 1958, as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 7th day of February, 1958. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My commission expires March 8, 1958. 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 Page 2327 session of the General Assembly of the State of Georgia, which will convene on the second Monday in January, 1958, 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 10th day of January, 1958. Hewitt W. Chambers, Clerk, Civil Court of Fulton County. Jan 10, 17, 24, 31. Approved March 17, 1958. TAX COMMISSIONERS' SALARIES IN CERTAIN COUNTIESCLERK OF COMMISSIONER OF ROADS AND REVENUES IN CERTAIN COUNTIES. No. 89 (House Bill No. 935). An Act to fix the compensation of the tax commissioner in certain counties; to combine the offices of disbursing clerk and clerk of the commissioner of roads and revenue in certain counties; to fix the salary of such office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The tax commissioner in all counties having a population of not less than 9,135 nor more than 9,210 according to the 1950 United States census or any future United States census shall receive a salary of $3,600 per annum, payable monthly out of county funds. Tax commissioner. Section 2. The offices of disbursing clerk and clerk of the commissioner of roads and revenue in all such counties shall be combined into a single office to be known Page 2328 as the clerk of the commissioner of roads and revenue. The salary for said office shall be $125 per month, payable out of county funds. Clerk to commissioner of roads and revenues. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1958. CITY OF ATLANTACHARTER AMENDED. No. 90 (House Bill No. 1062). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act entitled An Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. Be it enacted that the part of the charter of the City of Atlanta now contained in section 24.43, part I, of the Code of the City of Atlanta of 1953 which reads as follows: Page 2329 The city may receive bids for the work to be done under the provisions of this section, and it may provide that the contractors bidding to do said work, the cost of which the city will levy against the abutting property liable to be assessed therefor, shall receive such assessment, liens, bills, etc., to be divided into installments of not more than ten, one equal part of which shall be paid in cash and the remaining equal parts to mature annually thereafter. The property owners may, when they elect to pay for said work in installments rather than in cash, be required to give notes for the remaining unpaid amount due on such paving, which said notes shall be given in equal amounts, but in no event to exceed nine, same to mature annually and with the provision for same being paid on or before their maturity dates. The city reserves the right to itself, however, if it should see fit, to ask for bids for doing such improvement work by such contractors for cash, and ask at the same time such local institutions or such persons as may desire to purchase the assessments, liens, bills, notes of property owners, etc., to submit bids for the purchase thereof; and should the city so desire it may transfer such assessments, liens, bills, notes, etc., to such party offering to buy the same with the proviso, however, that the city obligates itself no further than it would were the said assessments, liens, bills, property owners' notes, etc., transferred to the contractor himself. be and the same is hereby repealed, and that the following be and the same is hereby enacted in lieu thereof: The city may receive bids for the work to be done under the provisions of this section, and it may provide that the contractors bidding to do said work, the cost of which the city will levy against the abutting property liable to be assessed therefor, shall receive such assessment, liens, bills, etc., to be divided into installments of not more than ten, one equal part of which shall be paid in cash and the remaining equal parts to mature annually thereafter. The property owners may, when they elect to pay for said work in installments rather than in cash, be required to give notes for the remaining unpaid amount Page 2330 due on such paving, which said notes shall be given in equal amounts, but in no event to exceed nine, same to mature annually and with the provision for same being paid on or before their maturity dates. The city reserves the right to itself, however, if it should see fit, to ask for bids for doing such improvement work by such contractors for cash, and ask at such time as it may deem it advisable such local institutions or such persons as may desire to purchase the assessments, liens, bills, notes of property owners, etc., to submit bids for the purchase thereof, but the city may sell the same at any time to the General Employees Pension Fund of the City of Atlanta without the necessity of procuring bids therefor; and should the city so desire it may transfer such assessments, liens, bills, notes, etc., to such party offering to buy the same. Liens for property improvements. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, 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 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 1958 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1958, 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 Page 2331 for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This 12th day of December, 1957. J. C. Savage, City Attorney, City of Atlanta. Dec. 13, 20, 27, tfn. This 10th day of February, 1958. /s/ Ralph McClelland. Sworn to and subscribed before me, this the 10th day of February, 1958. /s/ Frances Y. Read, Notary Public, Fulton County. Approved March 17, 1958. CITY OF COLUMBUSMUSCOGEE COUNTY PLANNING DISTRICT. No. 91 (House Bill No. 830). An Act to establish a metropolitan planning district for the City of Columbus and Muscogee County; to provide a planning commission for said district; to provide for the making and amending of an over-all 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. Page 2332 Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, as follows: Article I. Section 1. There is hereby established a metropolitan planning district, hereinafter referred to as the district, which district shall be and include all of the territorial area of the City of Columbus and Muscogee County. Established. Article II. Section 1. There is hereby established as the planning authority for such district the Metropolitan Planning Commission, hereinafter referred to as the commission. The said commission shall be composed of ten (10) members as follows: Eight citizens of Muscogee County, Georgia, residing within or without the limits of any incorporated municipality in said county, the chairman of the Board of Commissioners of Roads and Revenues of Muscogee County, and the mayor of the City of Columbus. Said planning commission may appoint such ex-officio members as the commission shall determine. Members. Section 2. Four of said citizens shall be appointed by the Columbus City Commission for terms expiring December 31, 1959, December 31, 1960, December 31, 1961, and December 31, 1962. Their successors shall be appointed by the Columbus City Commission for terms of four years. Same. Section 3. Four of said citizens shall be appointed by the Board of Commissioners of Roads and Revenues of Muscogee County for terms expiring December 31, 1959, December 31, 1960, December 31, 1961, and December 31, 1962. Their successors shall be appointed by the Board of Commissioners of Roads and Revenues of Muscogee County for terms of four years. Same. Section 4. In case of vacancy arising from death, resignation, change of residence or any other cause, before Page 2333 the expiration of the term for which any such member has been appointed, a successor shall be appointed for the unexpired term in the same manner as set forth above. Vacancies. Article III. Section 1. The commission shall elect from its own members a chairman, vice-chairman, secretary, and treasurer, and shall adopt its own rules of procedure and rules for the conduct of its business, including rules for notices and hearings, not inconsistent with the terms of this Act. Officers. 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 a manager and other necessary clerical assistance, a district planner and competent and recognized technical and engineering assistance and for other purposes necessary or proper to carry out the provisions of this Act. Employees. Section 3. No members shall receive any compensations for his services on the commission but he shall be entitled to be reimbursed from the funds of the commission for his necessary traveling and other expenses incurred in the work for the commission. Expenses. 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 its receipts and disbursements, to each of the governmental units contributing to its maintenance. Records. Section 2. Any municipality in Muscogee County may contribute to the maintenance of the commission and its operations if it so desires but no such municipality which is not specifically designated in this Act shall be required to do so. Financial support. Page 2334 Section 3. Funds for the commission shall be provided by the City of Columbus and Muscogee County as follows: The commission each year shall adopt a budget and submit it to the governing body of the City of Columbus and to the governing body of Muscogee County. If these governmental units approve said budget, then the funds necessary to meet said budget shall be provided by them as follows: Same. The City of Columbus shall provide 50% of the total amount of said budget and Muscogee County shall provide 50% of the total amount of said budget. 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 county and to the city. Such master plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of the district, including among other things the following: 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 operated, for light, water, gas, transportation, communication, power and other purposes; The removal, relocation, widening, narrowing, vacating, Page 2335 abandonment, change of use or extension of any of the foregoing features of the plan; The use of land areas for residential, business, industrial or other purposes including the height of buildings, size of yards, and other matters of a similar nature. Section 2. Before adopting the master plan, or any part thereof, or any amendment, extension or addition thereto, the commission shall hold at least one public hearing. At least seven days' prior notice of the time and place of each hearing shall be given by publication in a newspaper of general circulation in the district. At least seven days' prior notice of the hearing shall be given in writing to the governing authority of the governmental unit or units involved. The adoption of the plan, and of any part, amendment, extension or addition thereto, shall be by resolution of the commission carried by the affirmative votes of not less than six (6) members. Public hearings. 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 the City of Columbus, or Muscogee County. Duties. Section 2. Either of said governmental bodies may adopt such master plan, or such part thereof, or such amendment, extension or addition thereto, as it sees fit and by such procedure as its rules may require. A. Upon the adoption of such master plan or part thereof by such county or municipality, such county or municipality shall not thereafter change such plan or part thereof without first referring such proposed change back to the commission for its recommendation, except that changes to permit variations from the plan need not be referred back to the commission, provided such changes are of a minor or routine nature and do not materially Page 2336 affect the over-all plan and are in the public interest, all of which shall be determined by such county or municipality, whose determination shall be final and conclusive on this point. Same. B. When a proposed change has been referred back to the commission, failure of the commission to report its recommendation with respect to such change within thirty days after its receipt shall be deemed to constitute approval by the commission of such change. C. The recommendation of the commission with respect to a proposed change shall be advisory only and after the receipt of the commission's recommendation or its failure to report within thirty days as hereinafter provided, such county or municipality may then adopt such change or not as it sees fit and by such procedure as its rules may require. Section 3. Whenever the master plan or any part thereof, shall be adopted by either of the governmental bodies concerned, the enforcement, within its territorial limits, of said plan or part thereof so adopted, shall rest solely with such county or municipality. Enforcement. Section 4. The laws of this State as they now are or may hereafter be, conferring on municipalities and counties and the officers, 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 percentage 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. Conflicting laws. Article VII. 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 Page 2337 for the furnishing of such services and assistance as may be necessary or proper under the provisions of this Act. Powers of cities and county. Section 2. The commission may make available the master plan or any part thereof to other counties or municipalities whether they are located in the district or not upon such terms as may be mutually agreed upon. Article VIII. 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. Notice of Intention to Apply for Local Legislation. City of Columbus, Muscogee County, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1958, for the passage of a bill entitled as follows: An Act to establish a metropolitan planning district for the City of Columbus and Muscogee County; to provide a planning commission for said district; to provide for the making and amending of an over-all 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. This 10th day of January, 1958. /s/ J. W. Feighner, J. W. Feighner. Page 2338 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 10th, 1958, January 17th, 1958, and January 24th, 1958. /s/ M. R. Ashworth, M. R. Ashworth. Sworn to and subscribed before me, this the 24th day of January, 1958. /s/ Joseph P. Meyer, Notary Public, Muscogee County, Georgia. (Seal). Approved March 17, 1958. CITY OF WINDERCHARTER AMENDED. No. 93 (Senate Bill No. 313). An Act to amend an Act providing the charter of the City of Winder, approved August 4, 1917 (Ga. L. 1917, p. 926) as amended, so as to provide for a city manager and his selection, powers, duties, authority and to change the duties, powers, and authority of the mayor and council; 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 providing the charter of the City of Winder, approved August 4, 1917 (Ga. L. 1917, p. 926), Page 2339 as amended, is hereby amended by adding to the end thereof the following: A. The corporate existence and jurisdiction of The Mayor and Council of the City of Winder and all corporate rights, powers and privileges, and all duties, obligations and liabilities are hereby preserved unto the mayor and council of the City of Winder, except as expressly or by necessary implication altered or amended by this Act; and all ordinances and resolutions of the mayor and council of the City of Winder now of force shall not be affected or changed by this Act, except in so far as they may be inconsistent with this Act or may be expressly or by necessary implication repealed or altered by this Act. Intent. B. The mayor and council of the City of Winder shall select and appoint a city manager for the City of Winder, who shall, subject to the control, direction and supervision of the mayor and council, be the head of the administrative branch of the municipal government of the City of Winder and responsible for the efficient administration of all departments of said municipal government. City manager. C. The city manager shall be chosen solely on the basis of ability, training and experience. At the time of his appointment he need not be a resident of the city or State, but during his tenure of office he shall reside within the city. No person elected to be mayor or councilman of the City of Winder shall, subsequent to such election, be eligible for appointment as city manager until after two years have elapsed following the expiration of the term for which he was elected. Same, selection. D. The city manager shall be appointed for an indefinite term, shall hold office at the pleasure of the mayor and council, and may be removed from office by the mayor and council at their decretion. Same, removal from office. E. The mayor and council may designate a person or persons to perform the functions and duties of the city manager during his absence or disability. Vacancies of Page 2340 the office of city manager shall be filled by the mayor and council as early as practicable, and until such vacancy is filled, the mayor and council shall have full power to make a temporary appointment or to perform the functions and duties of the office. Same, pro tem. F. The city manager shall receive such compensation as may, from time to time, be prescribed by ordinance or resolution of the mayor and council. Same, compensation. G. The city manager shall devote his full time and attention to the affairs of the city, and shall be responsible to the mayor and council for the efficient administration of all the affairs of the city over which he has jurisdiction. Same, duties. H. Subject to the control, direction, and supervision of the mayor and council, the city manager shall have power and it shall be his duty: Same. (1) To see that all laws and ordinances are enforced. (2) To see that the business and affairs of the city are efficiently organized and handled. (3) To exercise administrative control over all regular departments and divisions of the City of Winder, provided that the city manager shall not have or exercise any control over the board of education, board of health, or any special board, commission or authority set up under any general law or any ordinance or agreement of the mayor and council. (4) To recommend to the mayor and council for appointment a city clerk, who shall be ex-officio treasurer, tax receiver and tax collector, and who shall perform such other duties as the mayor and council may direct; chief of police; chief of fire department; superintendent of water department; superintendent of street department; and superintendent of gas department. Such appointees shall appoint and remove all subordinate officers and employees in their respective offices and departments Page 2341 with the approval of the city manager. (5) To attend the meetings of the mayor and council, with the right to take part in all discussions, but having no vote. (6) To recommend to the mayor and council for adoption such measures as he may deem necessary and expedient. (7) To prepare and submit to the mayor and council an annual budget. (8) To keep the mayor and council fully advised as to the financial condition and needs of the city. (9) To make and execute all lawful contracts on behalf of the City of Winder as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance or resolution of the mayor and council; provided that no contract, purchase or obligation, involving more than $500.00 shall be valid or binding until approved by the mayor and council; and provided further that without the approval of the mayor and council neither the city manager nor other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth of the annual budget, therefor, as fixed by the mayor and council. (10) To make the mayor and council monthly written reports showing his acts and doings, the operations of the city, and all city disbursements, purchases, contracts, and obligations. (11) To perform such other duties as may be required by ordinance or resolution of the mayor and council. (12) To give bond in the penal sum fixed by the mayor and council, with surety approved by the mayor and council, payable to the City of Winder, and its successors and assigns, for the benefit of the said City of Winder and for the use and benefit of the public, to secure and indemnify the City of Winder and each and all of the public, by reason of his default, misfeasance, malfeasance, and/or non-feasance in the performance of his duties. The premiums for such bonds shall be paid by the City of Winder. Page 2342 Section 2. A special election shall be called and held in the City of Winder, as provided in section 69-101 and 69-102 of the Code of Georgia of 1933, to determine whether or not this Act shall become of force and effect only in event a majority of those voting in said special election shall vote in favor of putting this Act into effect. Referendum. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Enrolled copy has affidavit, or advertisement, or both attached thereto. Approved March 17, 1958. CITY OF ADELCHARTER AMENDED. No. 94 (House Bill No. 923). An Act to amend an Act creating a new charter for the City of Adel, approved July 29, 1919 (Ga. L. 1919, p. 792), as amended, particularly by an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2766), and an Act approved February 8, 1955 (Ga. L. 1955, p. 223), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Adel, approved July 29, 1919 (Ga. L. 1919, p. 792), as amended, particularly by an Act approved December 21, Page 2343 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2766), and an Act approved February 8, 1955 (Ga. L. 1955, p. 223), is hereby amended by adding a new section, to be known as section 3B, to read as follows: Section 3B. In addition to the territory now embraced in the corporate limits of the City of Adel, the following described property shall also be included within the corporate limits of said city: Corporate limits. Tract No. IAll that tract or parcel of land, situated, lying and being in lot of land No. 329 of the ninth land district of Cook County, Georgia, more particularly described as follows: Beginning at a point of intersection of the run of Bear Creek and the south margin of State Highway No. 76 and running thence north 70 degrees 37 minutes east 322.71 feet along the south margin of said highway to an agreed point, thence north 11 degrees 58 minutes west crossing said State Highway No. 76 and along the east margin of a county road now under construction, to be known as Bear Creek Road, 1678.62 feet to an agreed point; thence continuing along the east margin of said Bear Creek Road 351.3 feet to an agreed point; thence south 67 degrees 22 minutes west 603.87 feet to the run of Bear Creek; thence in a southerly direction along the run of Bear Creek 2167.60 feet more or less, to the south margin of State Highway No. 76, the point of beginning. Tract No. IIAll that tract or parcel of land, situated, lying and being in lot of land 329 of the ninth land district of Cook County, Georgia, more particularly described as follows: Beginning at a point on the south side of State Highway No. 76 said point being 322.71 feet from the run of Bear Creek and running thence north 11 degrees 31 minutes west along the east margin of Bear Creek Road 489 feet to an agreed point; thence north 72 degrees 53 minutes east 390.2 feet to an agreed point; thence north 83 degrees 17 minutes east 654 feet to an agreed point; thence north 23 degrees 3 minutes east 70 feet to an agreed point; thence north 16 degrees 7 minutes west 170 feet to an agreed point; thence south 78 degrees east 909.2 feet to an agreed point, the same being the east margin of the Old Cox Still Public Road, thence south 36 degrees 50 minutes west along the east margin of Old Cox Still Public Road 518.9 feet to an agreed point; thence south 81 degrees 55 minutes east 108 feet to an agreed point; thence south 6 degrees 34 minutes west 245 feet to an agreed point, the same being the south margin of State Highway No. 76; thence along the south margin of State Highway No. 76 north 81 degrees 55 minutes west 248 feet to an agreed point, thence continuing along the south margin of State Highway No. 76 81 degrees 59 minutes west 669 feet to an agreed point; thence continuing along the south margin of State Highway No. 76 south 79 degrees 24 minutes west to an agreed point; thence continuing along south margin of State Highway No. 76 south 70 degrees 53 minutes west 277 feet to the point of beginning. Page 2344 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Ads. Legislative Notice. Georgia, Cook County: Notice is hereby given that a local bill will be introduced during the next session of the General Assembly of the State of Georgia, convening January 13, 1958, to extend the city limits of the City of Adel to include the following described property: Tract No. I. All that tract or parcel of land, situated, lying and being, in lot of land No. 329 of the ninth land district of Cook County, Georgia, more particularly described as follows: Beginning at a point of intersection of the run of Bear Creek and the south margin of State Highway No. 76 and running thence north 70 degrees 37 minutes east 322.71 feet along the south margin of said highway to Page 2345 an agreed point; thence north 11 degrees 58 minutes west crossing said State Highway No. 76 and along the east margin of a county road now under construction, to be known as Bear Creek Road, 1678.62 feet to an agreed point; thence continuing along the east margin of said Bear Creek Road 351.3 feet to an agreed point; thence south 67 degrees 22 minutes west 603.87 feet to the run of Bear Creek; thence in a southerly direction along the run of Bear Creek 2167.60 feet more or less, to the south margin of State Highway No. 76, the point of beginning. Tract No. II. All that tract or parcel of land, situated, lying and being in lot of land 329 of the ninth land district of Cook County, Georgia, more particularly described as follows: Beginning at a point on the south side of State Highway No. 76 said point being 322.71 feet from the run of Bear Creek and running thence north 11 degrees 31 minutes west along the east margin of Bear Creek Road 489 feet to an agreed point; thence north 72 degrees 53 minutes east 390.2 feet to an agreed point; thence north 83 degrees 17 minutes east 654 feet to an agreed point; thence north 23 degrees 3 minutes east 70 feet to an agreed point; thence north 16 degrees 7 minutes west 170 feet to an agreed point; thence south 78 degrees east 909.2 feet to an agreed point, the same being the east margin of the Old Cox Still Public Road, thence south 36 degrees 50 minutes west along the east margin of Old Cox Still Public Road 518.9 feet to an agreed point; thence south 81 degrees, 55 minutes east 108 feet to an agreed point; thence south 6 degrees 34 minutes west 245 feet to an agreed point, the same being the south margin of State Highway No. 76; thence along the south margin of State Highway No. 76 north 81 degrees 55 minutes west 248 feet to an agreed point, thence continuing along the south margin of State Highway No. 76 81 degrees 59 minutes west 669 feet to an agreed point; thence continuing along the south margin of State Highway No. 76 south 79 degrees 24 minutes west to an agreed point; thence continuing along south margin of State Highway No. 76 Page 2346 south 70 degrees 53 minutes west 277 feet to the point of beginning. This the 9th day of January, 1958. Lonnie H. Grimsley, Representative, Cook County. M. Dale English, Attorney for the City of Adel. 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: Jan. 16, Jan. 23, and Jan. 30, 1958. /s/ Lonnie H. Grimsley, Representative, Cook County. Sworn to and subscribed before me, this 3 day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 17, 1958. Page 2347 CITY OF DOUGLASDISTRIBUTION OF NATURAL OR MANUFACTURED GAS. No. 95 (House Bill No. 896). An Act to amend the act approved December 20, 1899, creating a new charter and municipal government for the City of Douglas, Georgia, and the several acts amendatory thereto, so as to provide: That the City of Douglas, Georgia, shall have the right, power and authority to distribute either manufactured or natural gas to consumers located within and without the corporate limits of the said city and to have the power of exercising eminent domain to acquire property easements for the purpose of providing manufactured or natural gas to consumers without the limits of the City of Douglas, Georgia; and to further amend the city charter to make it possible for the City of Douglas, Georgia, to issue its bonds to pay, in whole or in part, the costs of accomplishing these undertakings; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is 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, Georgia, and the several acts amendatory thereto, be further amended so as to provide: 1. That the city of Douglas, Georgia, shall have the right, power, and authority to distribute manufactured or natural gas to consumers located within and without the corporate limits of said city and to have the power of exercising eminent domain to acquire property or easements for the purpose of furnishing manufactured or natural gas to consumers without the limits of the City of Douglas, Georgia, and to further amend the city charter to make it possible for the City of Douglas, Georgia, to issue its bonds to pay, in whole or in part, the costs of accomplishing these undertakings. Page 2348 Section 2. All laws and parts of laws in conflict with this act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, session of the Georgia General Assembly a bill to amend the charter of the City of Douglas, as amended, as follows: To provide that the City of Douglas, Georgia, shall have the right, power, and authority to distribute either manufactured or natural gas to consumers located within and without the corporate limits of said city and to have the power of exercising eminent domain to acquire property or easements for the purpose of furnishing manufactured or natural gas to consumers without the limits of the City of Douglas, Georgia; and to further amend the city charter to make it possible for the City of Douglas, Georgia, to issue its bonds to pay in whole or in part the costs of accomplishing these undertakings. The City of Douglas, Georgia /s/ By E. R. Smith, Jr., E. R. Smith, Jr., Attorney for the City of Douglas, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, session of the Georgia General Assembly a bill to amend the charter of the City of Douglas, as amended, as follows: To provide that the City of Douglas, Georgia, shall have the right, power, and authority to distribute either manufactured or natural gas to consumers located within and without the corporate limits of said city and to have the power of exercising eminent domain to acquire property or easement for the purpose of furnishing manufactured or natural gas to consumers without the limits of the City of Douglas, Georgia; and to further amend the Page 2349 city charter to make it possible for the City of Douglas, Georgia, to issue its bonds to pay in whole or in part the costs of accomplishing these undertakings. The City of Douglas, Georgia, By E. R. Smith, Jr., Attorney for the City of Douglas, Georgia. 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 Douglas Enterprise, the newspaper published in the City of Douglas in which the sheriff's advertisements for the County of Coffee are published; that the hereinafter notice of intention to apply for local legislation was published in said paper on the 12th, 19th, and 26th days of December, 1957. /s/ Thomas H. Frier, Thomas H. Frier. Sworn to and subscribed before me, this the 11th day of January, 1958. /s/ Mrs. L. A. Duggan, Notary Public, Georgia, State at Large. (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, session of the Georgia General Assembly a bill to amend the charter of the City of Douglas, as amended, as follows: To provide that the City of Douglas, Georgia, shall have the right, power, and authority to distribute either manufactured or natural gas to consumers located within and without the corporate limits of said city and to have the power of exercising eminent domain to acquire property or easements for the purpose of furnishing manufactured Page 2350 or natural gas to consumers without the limits of the City of Douglas, Georgia; and to further amend the city charter to make it possible for the City of Douglas, Georgia, to issue its bonds to pay, in whole or in part, the costs of accomplishing these undertakings. The City of Douglas, Georgia. By E. R. Smith, Jr. /s/ E. R. Smith, Jr., Attorney for the City of Douglas, Georgia. Approved March 17, 1958. JASPER COUNTYCOMPENSATION OF COUNTY TREASURER. No. 96 (House Bill No. 1027). An Act to amend an Act fixing the compensation of the county treasurer of Jasper County, approved March 28, 1935 (Ga. L. 1935, p. 709), so as to change such compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the compensation of the county treasurer of Jasper County, approved March 28, 1935 (Ga. L. 1935, p. 709), 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. That effective on the first day of April, 1958, the county treasurer of Jasper County shall receive, as full compensation for his services, and in lieu of the commissions and compensation provided by law, a salary of nine hundred ($900.00) dollars per annum, payable in monthly installments, which shall be paid by warrant on the county treasurer drawn by the county Page 2351 commissioners as other county expenses are paid. In addition to said salary the county shall pay the premium on the official bond of the said treasurer. 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 thereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to change the compensation of the treasurer of Jasper County; and for other purposes. This 4th day of January, 1958. W. H. Key, Representative, Jasper County. 44-tf. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. H. Key, who, on oath, deposes and says that he is Representative from Jasper County, and that the attached copy of notice of intention to introduce local legislation was published in the The Monticello News which is the official organ of said county, on the following dates: January 16, January 23, and January 30, 1958. /s/ W. H. Key, Representative, Jasper County. Sworn to and subscribed before me, this 6th day of Feb., 1958. /s/ John Tye Ferguson, Notary Public. My commission expires Oct. 10, 1961. (Seal). Approved March 17, 1958. Page 2352 CITY OF ELBERTONCHARTER AMENDED. No. 97 (House Bill No. 781). An Act to amend an Act incorporating the City of Elberton, approved December 19, 1896 (Ga. L. 1896, p. 148), so as to authorize the city tax assessors to employ outside personnel to assist in assessing and appraising the property of said city and to make recommendations regarding matters relating to taxation; to provide that the city shall be authorized to dispose of abandoned property; 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. An Act incorporating the City of Elberton, approved December 19, 1896 (Ga. L. 1896, p. 148) is hereby amended by adding a new section, to be known as section 17A, to read as follows: Section 17A. In addition to all other duties, the city tax assessors are hereby authorized and empowered to employ and contract with persons skilled in matters pertaining to taxation for the purpose of assisting the city tax assessors in assessing and appraising the property of the City of Elberton. The tax assessors are also authorized and empowered to employ and contract with such persons for the purpose of assisting, advising and making recommendations to the assessors on all matters relating to taxation in the City of Elberton. Any such employment or such contract shall be subject to the final approval of the mayor and city council who, after authorizing said employment, shall authorize the city manager to sign in its behalf. Before said outside professional help is employed, the mayor and city council shall have published in the public gazette of said county once a week for eight consecutive weeks notice of their intentions that the public might be heard. The funds necessary to carry out the provisions of this section shall be paid from the funds of the City of Elberton. Aid for tax assessors. Page 2353 Section 2. Said Act, as amended, is further amended by adding a new section, to be known as section 23B, to read as follows: Section 23B. The governing authority of the City of Elberton is hereby authorized and empowered to sell abandoned personal property which comes into the possession of the City of Elberton, and to place the proceeds in the city treasury. Any personal property which remains in the possession of the city for a period of 30 days without being claimed shall be considered to be abandoned. The governing authority of the city is hereby authorized to enact ordinances to prescribe the procedure for carrying out the provisions of this section. Disposal of abandoned property. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. January 16, 1958. Personally appeared before me, an officer authorized to administer oaths, G. T. Christian, Jr., who, on oath, state and deposes that he is an agent for the publisher of the Elberton Star which is the official organ of Elbert County and the City of Elberton, and that the affixed notice of intention to apply for local legislation was published in said organ on December 31, 1957, and on January 7, 1958, and January 14, 1958. /s/ G. T. Christian, Jr. G. T. Christian, Jr. Sworn to and subscribed before me, this January 16, 1958. /s/ Julia W. West, Notary Public, Elbert County, Ga. (Seal). Notice to Citizens of Elberton. This is to advise that there will be introduced at the next session of the General Assembly of the State of Page 2354 Georgia a bill to amend the charter of the City of Elberton to allow the city tax assessors to employ outside personnel to assist in assessing and appraising the property in said city; and to authorize the city to dispose of abandoned property. This 27th day of December, 1957. City Council of Elberton. 1-14. Approved March 17, 1958. CITY OF COOLIDGECHARTER AMENDED. No. 98 (House Bill No. 982). An Act to amend an Act incorporating the City of Coolidge in the County of Thomas, approved December 10, 1901 (Ga. L. 1901, p. 359), as amended, particularly by an Act approved July 29, 1914 (Ga. L. 1914, p. 677), an Act approved July 23, 1923 (Ga. L. 1923, p. 581), an Act approved February 14, 1939 (Ga. L. 1939, p. 919) and an Act approved February 13, 1952 (Ga. L. 1952, p. 2463), so as to change the provisions relative to the election of the mayor, councilmen and city clerk of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Coolidge in the County of Thomas, approved December 10, 1901 (Ga. L. 1901, p. 359), as amended, particularly by an Act approved July 29, 1914 (Ga. L. 1914, p. 677), an Act approved July 23, 1923 (Ga. L. 1923, p. 581), an Act approved February 14, 1939 (Ga. L. 1939, p. 919) and an Act approved February 13, 1952 (Ga. L. 1952, p. 2463) is hereby amended by striking therefrom section Page 2355 4 in its entirety and by submitting in lieu thereof a new section 4 to read: Section 4. An election shall be held in said city on the second Tuesday in December, 1958, for a mayor and six (6) councilmen and a city clerk. The mayor elected at such election and the three (3) councilmen elected with the highest number of votes shall serve for a term of two (2) years and until their successors are elected and qualified. The city clerk elected at such election and the three (3) councilmen receiving the next highest number of votes shall serve for a term of one (1) year and until their successors are elected and qualified. Thereafter, on the second Tuesday in December of every odd calendar year an election shall be held to elect a city clerk and three (3) councilmen who shall serve for a term of two (2) years and until their successors are elected and qualified, and thereafter on the second Tuesday in December of every even calendar year an election shall be held to elect a mayor and three (3) councilmen who shall serve for a term of two (2) years and until their successors are elected and qualified. Said election shall be held in said city under the supervision of the justice of the peace of the district, G. M., and of three (3) freeholders, resident in said city. The poles shall be opened by eight (8) o'clock a.m. and closed by five (5) o'clock p.m., standard time. No one shall be entitled to vote in said election, or in any municipal election in said city, unless he is a duly registered voter of said city. Said election shall be conducted in all respects as elections for members of the General Assembly in this State, except that only two (2) lists of voters and two (2) tally sheets need be kept, except as herein provided. Election of officers. 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 at the present session of the General Assembly of Georgia there will be introduced an Act to amend an Act incorporating the Town Page 2356 of Coolidge in the County of Thomas, approved December 10, 1901, and the other acts amendatory thereof; so that said acts as amended will provide That six councilmen and a mayor shall be elected at the general election for the City of Coolidge in the year 1958; that at said general election the three councilmen receiving the highest number of votes and the mayor shall be elected for a two-year term of office; that the three councilmen receiving the next highest number of votes and a clerk shall be elected for a one-year term of office; that at all subsequent general city election in odd calendar years three councilmen and a clerk shall be elected for a two-year term of office and at all subsequent general city elections in even calendar years three councilmen and a mayor shall be elected for a two-year term of office; that the term of office of each officer so elected shall commence at the first regular meeting of the council in January following his election; and for other purposes. This 18th day of January, 1958. O. S. Willis, Representative of Thomas County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. S. Willis, who, on oath, deposes and says that he is Representative from Thomas County, and that the attached copy of notice of intention to introduce local legislagtion was published in the Times-Enterprise which is the official organ of said county, on the following dates: January 18 and 25, 1958, and February 1, 1958. /s/ O. S. Willis, Representative, Thomas County. Page 2357 Sworn to and subscribed before me, this 4th day of February, 1958. /s/ G. Hughel Harrison, (Seal). Notary Public, Georgia, State-at-Large. My commission expires April 30, 1961. Approved March 17, 1958. DeKALB COUNTYELECTION OF SCHOOL BOARD MEMBERS. No. 99 (House Bill No. 936). An Act to amend an Act approved February 25, 1949, creating five School Board Electoral Districts in DeKalb County (Ga. L. 1949, p. 1241) by repealing section 7 thereof relating to political activities of members or candidates for member of the Board of Education in its entirety; to repeal conflicting laws; and for other purposes. Be it enacated by the General Assembly of Georgia as follows: Section 1. Section 7 of an Act approved February 25, 1949, creating five School Board Electoral Districts in DeKalb County, Georgia, (Ga. L. 1949, p. 1241) which section provides that it shall be unlawful for members of the board of education or candidates for said office to engage in any political activities in connection with the election therein provided for, with the exception of the publishing of notice of the candidacy and the personal solicitation of votes, is hereby repealed in its entirety. Political activities of candidates. 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, 1958, session of the General Assembly of Page 2358 Georgia, a bill to repeal section 7 of an Act approved February 25, 1949, (Ga. L. 1949, p. 1241), as amended, relating to election of members of the DeKalb County Board of Education, so as to remove the provision therein contained relative to candidates for such office engaging in political activities in connection with their election; and for other purposes. This 7th day of January, 1958. W. Hugh McWhorter, Guy W. Rutland, Jr., James A. Mackay, Representatives, DeKalb County. 1-9-3t. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who, on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation was duly published once a week for three weeks as required by law; said dates of publication being January 9, 16, 23, 1958. The DeKalb New Era, /s/ W. H. McWhorter. W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 24th day of January, 1958. /s/ Ann Hardy, (Seal). Notary Public, DeKalb County, Georgia. My commission expires July 26, 1961. Approved March 17, 1958. Page 2359 CHEROKEE COUNTY WATER AUTHORITYMEMBERS OF BOARD. No. 100 (House Bill No. 1092). An Act to amend an Act creating the Cherokee County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, so as to increase the membership of said authority; to provide for the appointment of members and their successors; to provide for the filling of vacancies on said authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cherokee County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, is amended by striking therefrom section 2 in its entirety and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. Cherokee County Water Authority. There is hereby created a body corporate and politic, to be known as the Cherokee County Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The authority shall consist of five members, all of whom shall be freeholders and citizens of Cherokee County, and who shall reside outside the City of Canton; the three existing members shall serve until their present term expires, to-wit: May 1st, 1959. The judge of the superior court shall immediately after the enactment of this amendment appoint an additional member whose term of office shall run to May 1, 1959, and the Commissioner of Roads and Revenues of Cherokee County shall automatically by reason of his office become a member of said authority. The Grand Jury of Cherokee County at the January Term, 1959, shall appoint two members to said authority and the judge of the superior court two members in order that they may assume their duties on May 1, 1959, and the Commissioner of Roads and Revenues of Cherokee County shall be a member, and serve during the time he holds the office of commissioner of roads and revenues of said county, and at the expiration of his term, the incoming commissioner of roads and revenues shall become a member. The five members shall select their own chairman and vice-chairman. Each member, except the Commissioner of Roads and Revenues of Cherokee County, shall serve a term of four years. The first term shall extend to May 1st, 1959 and until successors shall be elected and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. In addition to the chairman, the authority shall elect one of its members as vice-chairman and it may also elect a secretary and treasurer, who need not necessarily be a member of the authority. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. Any vacancy on said board, either by death, resignation or otherwise, shall be made by the judge of the superior court for the remainder of such term. The members of the authority shall be entitled to compensation for their services at the rate of $300 per year, except the chairman, who shall receive $500 per year, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Page 2360 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that I will introduce amending legislation at the January Term, 1958, of the General Page 2361 Assembly of Georgia, amending section 2 of Cherokee County Water Authority, said amendment increasing from three to five the members on the Board of Cherokee County Water Authority, and the mode of their election and for other purposes. This 8th day of January, 1958. 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 9, January 16 and January 22, 1958. /s/ Carl Barrett, Representative, Cherokee County. Sworn to and subscribed before me, this 11th day of February, 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My commission expires Oct. 10, 1961. Approved March 17, 1958. Page 2362 FORSYTH COUNTYCOMPENSATION OF SHERIFF AND CLERK OF SUPERIOR COURT. No. 101 (Senate Bill No. 310). An Act to change the compensation of the Sheriff and the Clerk of the Superior Court of Forsyth County from the fee system to the salary system; to provide the salaries of such officers; to provide for the appointment, selection and employment of deputies and other employees; to make provisions regulating the carrying out of said changes; to provide the disposition of fees and costs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the Sheriff and the Clerk of the Superior Court of Forsyth County which is now based on a fee system, is hereby abolished, and the officials herein named shall hereafter be paid salaries as herein provided. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected as compensation for service by any official named herein, shall be received and diligently collected by all of said officials for the sole use of Forsyth County, and shall be held as public moneys belonging to Forsyth County and accounted for and paid over to the clerk of the board of commissioners of roads and revenues on the first Tuesday in each month, at which time a detailed itemized statement shall be made by the officer under oath showing such collections and the sources from which collected, and the Clerk of the Board of Commissioners of Roads and Revenues of Forsyth County shall keep a separate account showing such collections and the sources from which they are paid. Fee system abolished. Section 2. The salary of the Sheriff of Forsyth County shall be ($8,500.00) per year to be paid monthly out of county funds. The sheriff shall employ one chief deputy, and fix his compensation to be paid out of the salary Page 2363 herein provided for the sheriff. In addition to the chief deputy, the sheriff is hereby authorized to employ such other deputies and assistants as he deems necessary and to set their compensation to be paid out of the salary provided said sheriff. The necessary automobiles, gasoline, equipment and supplies of the office of sheriff shall be provided by the board of commissioners of roads and revenues and paid for out of county funds. Sheriff's salary. Deputy. Section 3. The Clerk of the Superior Court of Forsyth County shall be paid a salary of $8,500.00 per year to be paid monthly out of county funds. The clerk of the superior court is hereby authorized to employ such deputies and other assistants as he deems necessary, to prescribe their duties and to set their compensation to be paid out of the salary herein provided for said clerk. Clerk of Superior Court, salary, deputies. Section 4. This Act shall become effective April 1, 1958. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Enrolled copy has affidavit, or advertisement, or both attached thereto. Approved March 17, 1958. CITY OF COLLEGE PARKCHARTER AMENDED. No. 102 (House Bill No. 1001). 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, etc., 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 2364 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 City 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 lot 59, 13th district, Clayton County, Georgia, and that portion of land lot 38, 13th district, Clayton County, Georgia, not now within the city limits of College Park, 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 co-extensive with the limits as extended by section 1 of this Act. The power of taxing property and of fixing and Page 2365 regulating licenses for businesses; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of section 1 of this Act. 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. Corporate powers. Section 3. The mayor and council of said City of College Park are 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 re-adjusting said territory to and with the rest of said city. Wards. Section 4. Not less than fifteen nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of College Park to issue the call for an election for the purpose of submitting this Act to the property owners and/or voters of the within proposed territory to be annexed to City of College Park for approval or rejection. The date of the election shall be set for a day not less than thirty days nor more than sixty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of College Park and also the newspaper in which the Sheriff's advertisements for Clayton County, Georgia are published. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and Page 2366 effect. If a majority of those persons voting in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of College Park. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvass the returns and declare and certify the results of the election, and certify the results to the Secretary of State. Section 5. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia 1945, and there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. Section 6. Be it further enacted by the authority afersaid 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 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, 24, 31 days of December, 1957, and on the 8, 15, 22 days of January, 1958, as provided by law. /s/ Frank Kempton. Page 2367 Subscribed and sworn to before me, this 24th day of January, 1958. /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 College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park. By: Henry G. Crawford, City Attorney, 912 N.W. Main Street, College Park, Georgia. Dec. 18, 25; Jan. 1, 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, Page 2368 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 the publication of which the annexed is a true copy, was published in said paper on the 26th day of December, 1957, and once each week thereafter for 4 weeks as provided by law. /s/ Jack Troy. Subscribed and sworn to before me, this 23rd day of January, 1958. /s/ T. F. Nicholson, Notary Public, Clayton County, Georgia. My commission expires Oct. 24, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park. By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Georgia. Approved March 17, 1958. Page 2369 CITY OF DALLASCOUNCIL-MANAGER FORM OF GOVERNMENT. No. 103 (House Bill No. 1124). An Act to amend the several Acts (Ga. L. 1956, Vol. II, pp. 2947-2985) relating to and incorporating the City of Dallas in the County of Paulding, State of Georgia, (Mayor and Aldermen of the City of Dallas), amendatory thereof and supplementary thereto, to provide for a Council-Manager form of government for said city; to provide for such form of government made up of a council, composed of a mayor and aldermen, and of a city manager; to prescribe and delineate the rights, powers, duties and limitations of said government and of its respective officers, department heads, employees and functionaries; to amend or repeal resolutions and ordinances of said city and Acts of the General Assembly in conflict with, or inconsistent with this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The corporate existence and jurisdiction of The City of Dallas in the County of Paulding, State of Georgia, (The Mayor and Aldermen of the City of Dallas), and all corporate rights, powers and privileges, and all duties, obligations and liabilities of said city are hereby preserved unto the mayor and aldermen of the City of Dallas, except as expressly or by necessary implication altered or amended by this Act; and all ordinances and resolutions of the mayor and aldermen of the City of Dallas, and all Georgia Laws pertaining to said city, now of force shall not be affected or changed by this Act, except in so far as they may be inconsistent with this Act or may be expressly or by necessary implication, repealed or altered by this Act. Intent. Section 2. The mayor shall preside at all meetings of the mayor and aldermen and perform all other duties of the office of mayor, except such as may be altered or changed by this Act, expressly or by necessary implication; Page 2370 he shall have a voice in all meetings of the mayor and aldermen. In times of danger or emergency, the mayor may, with the consent of the mayor and aldermen, take command of the police and govern the city by proclamation and maintain order, and enforce laws. The mayor shall be recognized as the official head of the city. Mayor. Section 3. The mayor and aldermen shall, within thirty (30) days after this Act becomes effective, appoint a city manager to serve subject to the pleasure of the mayor and aldermen and shall fix the salary of the city manager. The title of the city manager shall be City Manager of the City of Dallas. The city manager shall be chosen on the basis of his character and of his executive and administrative qualifications, with special reference to his actual training and experience in, and his knowledge of, accepted practices of his duties as hereinafter set forth. At the time of his appointment the city manager need not be a resident of the City of Dallas or the State of Georgia, but during his tenure he shall reside within the city. Neither the mayor nor any alderman, nor any officer or employee of the city, except an assistant manager, shall receive such appointment during the term for which he shall have been elected or appointed nor within two years after the expiration thereof. If, however, the mayor and aldermen should not be able to secure a city manager to serve at their pleasure, they are authorized to make a contract with the city manager on such terms as may be mutually agreed upon, the term of the contract not to extend beyond the term of the mayor and aldermen. City manager. Section 4. Pending the appointment of the first city manager or if there should at any time thereafter be a vacancy in the office of city manager the mayor and aldermen may appoint an acting city manager (who need not have all the qualifications prescribed for the city manager in section 3), for a period not longer than three (3) months, and fix the salary of such acting city manager. The acting city manager shall exercise all functions of the city manager. Same, pro tem. Page 2371 Section 3. The mayor and aldermen may remove the city manager by a majority vote. At least thirty (30) days before such removal shall become effective, the mayor and aldermen shall by a majority vote adopt a preliminary resolution stating the reasons for his removal. The manager may, within ten days, reply in writing and may request a public hearing, which shall be held not earlier than twenty (20) nor later than thirty (30) days after the filing of such request. After scuh public hearing, if one be requested, and after full consideration, the mayor and aldermen by majority vote may adopt a final resolution of removal. By the preliminary resolution the mayor and aldermen may suspend the manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his salary for the next two calendar months following adoption of the preliminary resolution. Same, removal. Section 6. If on account of the temporary absence or disability of the city manager it should be necessary in the judgment of the mayor and aldermen to designate some person to serve as acting city manager during the temporary absence or disability of the city manager, the mayor and aldermen may appoint a temporary city manager, and fix his compensation. Same, pro tem. Section 7. The city manager shall have jurisdiction over, to remove when he deems it for the good of the city, all of the employees of each and every department of the city. However, the removal of any employee shall be subject to the approval of the mayor and council. Same, duties. Section 8. In addition to those elsewhere in this Act provided, the following powers are hereby conferred on the city manager and the following duties are required of him: (1) He shall be the chief executive officer and head of the administrative branch of the city government; (2) He shall be responsible to the mayor and aldermen for the proper administration of the affairs committed to his charge; Same. Page 2372 (3) He shall devote all of his working time to his duties as city manager; (4) He shall have the right to request the counsel, advice or opinion of the city attorney and assistant city attorneys concerning any matter affecting the interest of the city; and it shall be their duty to respond to such request to the best of their abilities; (5) He shall have the power, subject to the approval of the mayor and aldermen, to change, consolidate or abolish any of the offices, department or functions over which he exercises supervision and control, and create in lieu thereof such other offices, departments and functions as he may deem best, which offices, departments and functions when so created, shall be under his supervision and control as fully as if specified in section 7 of this Act. (6) No claims against or in favor of the city shall be paid or collected without prior approval of the city manager. (7) All bonds required of the officers and employees shall be subject to the approval of the city manager. (8) He shall attend all meetings, stated and special, of council with the right to take part in the discussions, but not to vote; (9) He shall have the right to recommend to council for its adoption such measures as he may deem necessary or expedient; (10) He shall see that all terms and conditions in favor of the city or its inhabitants in contracts with public utilities and others are faithfully kept and performed; (11) He shall prepare the budget of the city annually, and submit it to the mayor and aldermen, and be responsible for its administration after its adoption by the mayor and aldermen; Page 2373 (12) He shall prepare and submit to the mayor and aldermen, within ninety (90) days after the end of each fiscal year, a complete annual report on the finances and administrative activities of the city for the preceding year; and make such other financial reports from time to time as may be required by the mayor and aldermen or by the charter of the city; (13) He shall have the power to investigate the affairs, records, accounts and expenditures of the various commissions created either by ordinances of the mayor and aldermen of the City of Dallas or by Acts of the legislature of Georgia relating to the affairs of the City of Dallas, and to report thereon at least once a year to the mayor and aldermen of the City of Dallas such matters in reference thereto as he deems advisable. (14) He shall keep the mayor and aldermen advised of the financial condition of the city and make such recommendations as may seem to him desirable; (15) He shall perform such other duties as may be required of him by the mayor and aldermen; (16) The city manager may appoint such officers of the city as he may select to assist him in the preparation of the annual budget, and financial and other reports; subject to the approval of the mayor and aldermen. The mayor and aldermen shall assign the city manager adequate quarters. Section 9. (1) The purchase of all materials and supplies for the City of Dallas and any department thereof, regardless of quantity, cost or character, shall be made entirely through the board of purchase; provided that before said board of purchase shall purchase any materials and supplies for said city of the value or cost of $500.00 and over, a resolution shall first be passed by council, authorizing and empowering said board of purchase to advertise, in the manner therein prescribed, for bids for such supplies and to make such purchase or purchases after receipt of bid. Board of purchase. Page 2374 (2) The board of purchase shall consist of the city manager, who shall be chairman of the board, the chairman of the finance committee of the mayor and aldermen, and the mayor of the city. Two members of the board shall constitute a quorum, provided that one of them shall be the city manager. Section 10. The city manager is hereby authorized and empowered to make and execute contracts within the scope of his duties as defined by this Act (except for materials, supplies and equipment, the purchase of which is dealt with in Section 9 of this Act); provided, however, that any such contract, other than a contract of employment made by the city manager, must be approved by the mayor and aldermen when the consideration is in excess of $500.00. City manager, contracts. Section 11. All reports now required to be made or submitted to the mayor, or to the mayor and aldermen, under existing ordinances, shall hereafter be made to the city manager, and a copy thereof submitted to the mayor and aldermen. Reports. Section 12. The mayor and aldermen shall deal solely through the city manager with the administrative services, and the departments and functions committed to him by this Act; and no orders shall be given by the mayor or any aldermen to any subordinates of the city manager either publicly or privately, directly or indirectly. Duties. Section 13. If any portion of this Act shall be held invalid by a court of competent jurisdiction, such portion is hereby declared to be severable from the other portions of this Act, and such other portions shall remain of full force and effect. Sections severable. Section 14. This Act shall become effective ten (10) days after its approval by the Governor or otherwise becomes a law. Effective date. Section 15. All laws and parts of laws and all resolutions and ordinances of the mayor and aldermen of the Page 2375 City of Dallas, in conflict or inconsistent 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 1958 session of the General Assembly of Georgia, a bill to be entitled an Act to amend the several acts relating to and incorporating the mayor and aldermen (council) of the City of Dallas, amendatory thereof and supplementary thereto, to provide for a Council-Manager form of government for said city; to provide for such form of government made up of a council, composed of a mayor and aldermen, and of a city manager; to prescribe and delineate the rights, powers, duties and limitations of said government and of its respective officers, department heads, employees and functionaries; to amend or repeal resolutions and ordinances of said city and Acts of the General Assembly in conflict with, or inconsistent with, this act; and for other purposes. This 7th day of January, 1958. George T. Bagby, Representative of Paulding County. (3t9) Georgia, Paulding County. Personally appeared before me, the undersigned officer, authorized by law to administer oaths, T. E. Parker, who after having been duly sworn, deposes and says, that he is the editor and publisher of the Dallas New Era, the legal organ for the County of Paulding, and that the foregoing attached notice was published in said paper on the 9th, 16th and 23rd days of January, 1958, as provided by law. /s/ T. E. Parker. T. E. Parker. Page 2376 Sworn to and subscribed before me, this 8th day of February, 1958. /s/ Florrie Jo Cook. (Seal). Florrie Jo Cook, Notary Public, Paulding County, Georgia. My commission expires April 15, 1959. Approved March 17, 1958. COMPENSATION OF MEMBERS OF THE COUNTY BOARDS OF EDUCATION IN CERTAIN COUNTIES. No. 104 (House Bill No. 1082). An Act to provide that in certain counties of this State the members of the County Board of Education shall be compensated in the amount of not to exceed twenty-five ($25.00) dollars for each day of actual service out of the school funds appropriated to the county; 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 less than 5,952 nor more than 5,962, according to the United States census of 1950 or any future such census, shall each be paid a sum of not more than twenty-five ($25.00) dollars for each day of actual service; said sum to be paid out of the school funds appropriated to the county. Where applicable, compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1958. Page 2377 CITY OF ALBANYREVOCATION OF FRANCHISES. No. 105 (House Bill No. 952). An Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, by amending section 30 of said charter so as to authorize the City of Albany to terminate or revoke certain franchises, licenses or privileges of public utility corporation; to prescribe the terms and conditions of such termination or revocation; 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: Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923, (Ga. L. 1923, p. 370), as amended, is hereby further amended by adding to section 30 thereof, the following: Where any franchise heretofore granted by the City of Albany to a public utility corporation provides for no specific duration but is of indeterminate duration, and where such indeterminate franchise or a part thereof grants or purports to grant rights to use the streets, alleys and public ways in areas not within the boundaries of the city at the time of the passage of this Act, or where such indeterminate franchise or a part thereof has not been executed or acted upon by the franchisee, or has been abandoned in whole or in part by non-user by the franchise, or where such indeterminate franchise for any cause remains executory in whole or in part, such indeterminate franchise may, upon notice to the franchisee, be revoked instanter without cause, in whole or in part, as to any grant or purported grant of rights in areas outside of the legally authorized corporate limits of the city at the time of the passage of this Act, and at the time of such revocation, or as to any rights for any reason not being exercised at the time of such revocation. Page 2378 Where any franchise heretofore granted by the City of Albany to any public utility corporation provides for no specific duration but is of indeterminate duration, and where such indeterminate franchise has been executed and acted upon by the franchisee, it may be terminated by the city without cause upon reasonable notice; and where the City of Albany hereafter annexes territory in which a public utility corporation operates and maintains structures, facilities and equipment of any kind, including poles and wires, on or above the streets, alleys, or public ways or places therein under any franchise, license, privilege, or other permission or right (hereinafter called merely franchise) granted or permitted by the State or any political subdivision thereof, which franchise is indeterminate and provides for no specific duration, the city shall also be authorized to terminate such franchise without cause upon reasonable notice. Reasonable notice shall be such that, by the date specified in such notice as the effective date of termination, the franchise shall have recovered its investment or outlay in the area in which the franchise is terminated, together with a fair and reasonable return thereon. Upon the effective date of any termination hereunder, of a franchise or part thereof, the franchisee shall have no further authority to exercise the rights previously held thereunder; provided, however, that such franchisee shall have a reasonable time and opportunity after such termination within which to remove any facilities which it may have in any area of the city with respect to which its franchise has been terminated, failing which such facilities may be removed by the city as encroachments on the streets or public places. Nothing in this section shall be construed as authorizing the City of Albany to terminate or revoke any franchise granted for a specified term of years prior to the expiration of such specified term, nor shall anything in this section be deemed as an admission by said City of Albany as to the validity, existence, or countinuing existence of any franchise or permission heretofore granted or purported to be granted by said city. Page 2379 Section 2. The provisions of section 1 of this Act are hereby declared separable, and if any such provision is held invalid or unconstitutional, the other provisions shall not be affected thereby; and if the application of any provision to any person, firm or corporation is held invalid or unconstitutional, the application of such provision to other persons, firms or corporations shall not be affected thereby. Section 3. A copy of the 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 Act. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for legislation in the next session of the General Assembly of Georgia, commencing in January, 1958, for the purpose of amending the act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, by amending section 30 of said charter so as to authorize the City of Albany to terminate or revoke certain franchises, licenses or privileges of public utility corporations; to prescribe the terms and conditions of such termination or revocation, and for other purposes. This 16th day of December, 1957. A. W. Holloway, Representative. George D. Busbee, Representative. Asa D. Kelley, Jr., Senator. Dec. 20, 27, 1957, Jan. 3, 1958. Georgia, Fulton County. Personally appeared before me, the undersigned authority, Page 2380 duly authorized to administer oaths, George D. Busbee and A. W. Holloway, who, on oath, deposes and say that they are the Representatives from Dougherty County, and that the attached copy of notice of intention to introduce local legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: Dec. 20, 27, 1957, January 3, 1958. /s/ George D. Busbee, //s A. W. Holloway, Representatives, Dougherty County. Sworn to and subscribed before me, this 3rd day of February, 1958. /s Janette Hirsch, Notary Public, Georgia, State at Large. My commission expires October 4, 1960. (Seal). Approved March 17, 1958. CITY OF EAST POINTCHARTER AMENDED. No. 106 (House Bill No. 1023). 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. The city limits of the City of East Point in Fulton County, Georgia are hereby extended to embrace the territory and inhabitants thereof located in Fulton County, Georgia, said areas hereby annexed being more particularly described as follows: Page 2381 Beginning at an iron pin on the west line of land lot 163, 14th district, Fulton County, Georgia, four hundred seventy-five (475) feet north of the south line of said land lot and running thence northwardly along the west line of said land lot, one hundred seventy-six (176) feet, to a common boundary corner of the City of East Point and the City of College Park; thence eastwardly five hundred sixty (560) feet to a common boundary corner of the said two cities; thence southwestardly along a boundary line of the City of College Park thirty-two and fourtenths (32.4) feet; thence westwardly along a boundary line of the City of College Park two hundred seventy-one (271) feet; thence southwardly along a boundary line of the City of College Park one hundred fifty-one (151) feet to an iron pin; thence westwardly along a boundary line of the City of College Park two hundred sixty-eight and six-tenths (268.6) feet to the point of beginning; and all of said territory and the inhabitants thereof are hereby annexed to and made a part of said City of East Point, subject to the government, jurisdiction, laws, ordinances, rules and regulations of said city as fully and completely for any and all purposes as said city has heretofore exercised over the territory and its inhabitants heretofore embraced within the territorial limits of said city, and the area hereby annexed to said city is hereby attached to and made a part of the second ward of said city. Corporate limits. Section 2. Notice of intention of the City of East Point to apply for this local legislation was published three (3) times in the Fulton County Daily Report in three (3) separate calendar weeks during a period of sixty (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 this State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2382 Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being 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 19, 26 days of November, 1957, Dec. 3, 10, 17, 24, 31, 1957 and on the 7, 14, 21 days of January, 1958, as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 24th day of January, 1958. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My commission expires March 8, 1958. 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 session of the General Assembly of Georgia convening in January, 1958, 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 18th day of November, 1957. Page 2383 City of East Point. By Ezra E. Phillips, City Attorney, 1301 Fulton Nat'l. Bank Bldg., Atlanta 3, Georgia. Nov. 19, 26, Dec. 3, tfn. Approved March 17, 1958. CITY COURT OF SAVANNAHCOMPENSATION OF CLERK. No. 108 (Senate Bill No. 263). An Act to amend an Act relating to the compensation of officials of the City Court of Savannah, approved February 9, 1949 (Ga. L. 1949, p. 403), as amended, so as to change the provisions relating to the compensation of the clerk of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the compensation of officials of the City Court of Savannah, approved February 9, 1949 (Ga. L. 1949, p. 403), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted by authority of the same that the salary of the clerk of the City Court of Savannah shall be fixed by the county commissioners and ex-officio judges of Chatham County, but shall not be less than $5,280.00 per year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2384 Enrolled copy has affidavit, or advertisement, or both attached thereto. Approved March 17, 1958. CITY OF VIENNACHARTER AMENDED. No. 109 (House Bill No. 778). An Act to amend an Act approved 16 August 1915, found in Georgia Laws 1915, published by authority, at pages 899 to 941, inclusively, creating a new charter for City of Vienna, so that governing authorities of mayor and city council of Vienna are authorized to pass zoning and planning laws for various uses and other and different uses prohibited therein, to regulate the use for which zones or districts may be set apart, to regulate plans for development and improvements on real estate therein, to create or divide into districts for two or more of the following purposes, namely: residential, commercial, recreational, institutional and industrial, and to enforce such regulations by suitable penalties; that the said authorities may define, regulate and abate nuisances, regulate collection, removal and disposal of rubbish, waste, garbage and noxious and unwholesome substances accumulating within its city limits, prevent deposit of such substances on public or private property, compel its removal to designated areas within or without the city limits, require occupants of premises to place such substances conveniently for removal, limit character and amount of vegetation that may be grown within city limits and provide for its removal by occupants or persons controlling the same or by both, provide that in case of default of removal of vegetation, garbage or other substances the governing authorities may cause work to be done and assess costs of same against occupants and person controlling the same or either and enforce the same by writ of execution to be issued by its clerk and levied by, and satisfied by sale by, any lawful executing officer; and to provide Page 2385 that in all primary and regular elections hereafter held for nomination or election of an alderman the candidate shall specify by stating that he runs for one of the two places to be supplied by naming the incumbent of predecessor whose place is to be filled; and for other purposes therein mentioned. 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 of the General Assembly approved 16 August, 1915, found in Georgia Laws 1915, published by authority, at pages 899 to 941, inclusively, creating a new charter for the City of Vienna, as heretofore amended, be, and the same hereby is, amended as follows: Section 1. The governing authorities, both present and future, of mayor and city council of Vienna, are authorized and empowered to pass zoning or/and planning laws for various uses and other or/and different uses prohibited therein, to regulate the use for which zones or districts may be set apart, to regulate plans for development and improvements of real estate therein, and, without curtailing the generality of the aforegoing grant of authority under Article III., Section VII., Paragraph XXIII., of the Constitution of the State of Georgia, the said authorities are empowered to create or divide the territory of the municipality, as now laid out or hereafter extended, into districts for two or more of the following purposes, namely: residential, commercial, recreational, institutional and industrial, within some of which it shall be lawful, and within others or another it shall be unlawful, to erect, construct, alter or maintain certain buildings or structures or to carry on certain trades or callings or within which the height, or bulk, of future buildings or structures shall be limited, to regulate, restrict and segregate the location of industries, trades or callings, the local of apartment or tenement houses, club-houses, group residences, single-, or multiple-, family dwellings, the several classes of public-, or semi-public-, buildings, to establish building lines on the several streets, avenues and passageways of the municipality, to regulate the subsequent, Page 2386 alteration, enlargement, extension or substitution of buildings or structures now or hereafter located in the said municipality, and to enforce such regulations by suitable penalties. Zoning. Section 2. For the purpose of providing an instrumentality to aid the governing authorities in the premises the said authorities may at any lawfully assembled meeting provide by ordinance the establishment of a planning board, the membership of which shall be not less than three nor more than seven members, prescribe the compensation, if any, of the members, define its duties, powers and authority, the mode of its proceedings and the term of the tenure of the members of the said board. Same. Section 3. The aforegoing sections shall be reasonably construed for the beneficial purposes and objects therein-intended in the protection of the civic and social values therein contemplated. Same. Section 4. Moreover, the governing authorities of mayor and city council of Vienna are authorized and empowered to define, regulate and abate nuisances, to regulate the collection, removal and disposal of rubbish, waste, garbage, and noxious and unwholesome substances from time to time hereafter accumulating within its city limits, as now laid out or hereafter by competent authority extended, prevent or arrest the deposit of such substances on either public or private property within its said limits, compel the removal thereof to designated areas within said limits, require occupants of premises to place conveniently for removal such substances, limit the character and amount of vegetation that may be grown within the city limits and provide for its removal by occupants or persons controlling the same or by both, provide that in case of default of removal of vegetation, garbage or other substances the said governing authorities may cause work to be done and assess the costs of the same against the occupant and person controlling the same, or either, and provide for the enforcement of payment therefor by issuance of writ of execution to be issued by the clerk or clerk and treasurer of the municipality and levied by, and Page 2387 to be satisfied by sale by, any lawful executing officer or by any other necessary means and process. Nuisances. Section 5. Further, the governing authorities of mayor and city council of Vienna are empowered to issue, or to cause to be issued, writs of execution for the collection and recovery of any debt or claim, however arising, due or owning to mayor and city council of Vienna; however, the said authorities shall cause written notice to be served five days before the issuance of any writ, requiring cause, if any, to be shown why such writ of execution should not issue, stating in such notice the time and place of hearing at which time and place the said authorities shall hear and pass upon all objections to the issuance of such writs. Service of the notice shall be personal as to residents of the municipality, and may be made by the chief of police mailing, postage prepared, to any non-resident at such person's last known address as shown on the records of the municipality, such notice. Any person who being notified to show cause in the premises fails or omits to show cause shall be precluded from thereafter objecting to the issuance and collection of the writ issued, and any person dissatisfied with the action of the governing authorities may have the right to certiorari to Dooly Superior Court under existing laws. Collection of debts. Section 6. In all primary and regular elections hereafter held for the nomination or election of an alderman, where more than one alderman is to be nominated or elected, the candidate shall specify in his announcement by statement that he runs for a place to be supplied by naming the incumbent or predecessor whose place is to be filled. Elections. Section 7. If any provision of this enactment or the application thereof as to any person or circumstance is held by any court of competent jurisdiction to be null, frustrate or inoperative, such holding of invalidity shall not affect or disturb the operation of other provisions or applications of the said enactment which can be given effect without the invalid provision or application, and Page 2388 to this end notwithstanding other evidence of intent the provisions of this enactment are declared to be severable. Section 8. Attached hereto and made a part of this enactment is a copy of the notice to apply for local legislation herein, certified by the publisher of the newspaper in which sheriff's advertisements for the locality affected are published, in terms of Article III., Section VII., Paragraph XV., of the Constitution of the State of Georgia. All laws in conflict with this enactment are hereby repealed to the extent of the conflict. Notice. Notice is, as provided by Article III, Section VII, XV, of Constitution of State of Georgia, hereby given of intention to apply at approaching session of its General Assembly for passage of bill to be entitled An Act to amend an Act approved 16 August, 1915, found in Georgia Laws 1915, published by authority, at pages 899 to 941, inclusively, creating a new charter for City of Vienna, so that governing authorities of Mayor and City Council of Vienna are authorized to pass zoning and planning laws for various uses and other and different uses prohibited therein, to regulate the use for which zones or districts may be set apart, to regulate plans for development and improvements on real estate therein, to create or divide into districts for two or more of the following purposes, namely: residential, commercial, recreational, institutional and industrial, and to enforce such regulations by suitable penalties; that the said authorities may define, regulate and abate nuisances, regulate collection, removal and disposal of rubbish, waste, garbage and noxious and unwholesome substances accumulating within its city limits, prevent deposit of such substances on public or private property, compel its removal to designated areas within or without the city limits, require occupants of premises to place such substances conveniently for removal, limit character and amount of vegetation that may be grown within city limits and provide for its removal by occupants or persons controlling the same or by both, provide that in case of default of Page 2389 removal of vegetation, garbage or other substances the governing authorities may cause work to be done and assess costs of same against occupants and person controlling the same or either and enforce the same by writ of execution to be issued by its clerk and levied by, and satisfied by sale by, any lawful executing officer; and to provide that all primary and regular elections hereafter held for nomination or election of an alderman the candidate shall specify by stating that he runs for one of the two places to be supplied by naming the incumbent or predecessor whose place is to be filled; and for other purposes therein mentioned. This 4th December, 1957. Affiant, Mrs. Madge H. Methvin, personally and voluntarily appeared before the undersigned attesting authority empowered to administer oaths and being first duly sworn on oath says that she is the publisher of Vienna News, a weekly newspaper published in Dooly County, Georgia, and being the newspaper in which the sheriff's advertisements for the said county are published, that the notice of intention to apply for local legislation whereof a full, true, exact and perfect copy is herewith shown was duly and legally published in the issues of the said newspaper dated respectively 12 December, 1957, 19 December, 1957, and 26 December, 1957, at the request of city attorney for governing authorities of mayor and city council of Vienna, and that affiant has personal knowledge of the within averred facts. /s/ Mrs. Madge H. Methvin. Taken, sworn to and subscribed before me, in Dooly County, Georgia, this, 14 January, 1958: as witness my signature officially. /s/ H. D. Pattishall, Commercial Notary Public, Dooly County, Georgia. (Notarial Seal affixed). Approved March 17, 1958. Page 2390 CITY OF WINDERCHARTER AMENDED. No. 110 (Senate Bill No. 295). An Act to amend an Act entitled An Act to provide and establish a new charter for City of Winder, approved August 4, 1917 (Ga. L. 1917, p. 926 et seq.,) and the several Acts amendatory thereof, so as to enlarge the corporate limits of City of Winder; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. The present corporate limits of the City of Winder are hereby amended and enlarged so as to bring within the corporate limits of the City of Winder the following described area outside of and adjacent to the present corporate limits of the City of Winder, to-wit: Beginning at a point of intersection of the present corporate limits of City of Winder with the east side of right-of-way line of State Highway Nos. 11 and 53 (same being known as North Broad Street within City of Winder) and running thence along said east side of right-of-way of said Highway north 14 degrees 50 minutes west 404 feet; thence across said State Highway Nos. 11 and 53 north 49 degrees 45 minutes west 66 feet to iron pin located on west side of right-of-way of said Highway; thence north 49 degrees 45 minutes west 1906 feet to old iron pin corner; thence south 41 degrees 50 minutes west 420 feet to post oak; thence south 49 degrees west 375 feet to iron pin at corporate limits of City of Winder; thence in a clock-wise directionthat is to say in an easterly directionalong the present corporate limits of City of Winder 2205 feet to point of intersection of said present corporate limits of City of Winder with west side of right-of-way of said State Highway Nos. 11 and 53; thence further along said present corporate limits of City of Winder in a clockwise directionan easterly direction as aforesaidacross said right-of-way of said State Highway 69 feet to the point of beginning. A plat of survey, made by H. L. Dunahoo, County Surveyor of Barrow Page 2391 County and Georgia Registered Surveyor No. 277, delineating above described area, is recorded in plat book 3, pages 222-3, in office of Clerk of Superior Court of Barrow County, Georgia. Corporate limits. 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. Enrolled copy has affidavit, or advertisement, or both attached thereto. Approved March 17, 1958. CITY OF LAWRENCEVILLECORPORATE LIMITS. No. 111 (House Bill No. 1096). An Act to amend the Act of the General Assembly of Georgia, approved Aug. 19, 1912 (Ga. L. 1912, p. 1043, et seq.) as heretofore amended, creating a new charter for the City of Lawrenceville, Georgia, by adding additional territories to be included in the city limits of said city and for other purposes. 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 from and after the passage of this Act that section 3 of the Act of the General Assembly of Georgia, approved Aug. 19, 1912, creating a new charter for the City of Lawrenceville, Georgia, as the same has heretofore been amended, be and the same is, hereby amended by adding to said section at the end thereof the following: The corporate limits of said City of Lawrenceville shall also include the following described property, to-wit: Page 2392 All that tract or parcel of land lying and being in the 5th land district of Gwinnett County, Georgia, adjacent to the west side of the City of Lawrenceville and particularly described as follows: Beginning at a point where the present city limits of the City of Lawrenceville intersects the original land line between land lots 115 and 142 of the 5th land district of said county and running thence in a southeasterly direction along said land lot line to the center of the Lawrenceville-Five Forks Road; thence south 25 degrees 30 minutes west 1003 feet along the center of said road; thence north 47 degrees 31 minutes west 320.4 feet; thence north 80 degrees 1 minute west 323.6 feet; thence north 86 degrees 31 minutes west 228 feet; thence north 61 degrees 31 minutes west 145.9 feet; thence north 77 degrees 31 minutes west 210 feet; thence north 87 degrees 1 minute west 100 feet; thence north 36 degrees 31 minutes west 402.7 feet; thence north 64 degrees 44 minutes east 390.9 feet; thence north 26 degrees 14 minutes east 361.8 feet; thence north 0 degrees 29 minutes east 400.5 feet; thence north 32 degrees 14 minutes west 136.4 feet to the lands of Fred Craig; thence north 58 degrees 45 minutes west 497 feet; thence north 60 degrees 42 minutes west 319 feet to the lands of the Craig Estate; thence north 31 degrees 15 minutes west to the center of the U. S. Highway No. 29; thence along the center of U. S. Highway No. 29 in a northeasterly direction 815 feet, more or less, to the land line between the land of Fred Craig and the land of the Craig Estate on the northwest side of said highway; thence along said land line north 31 degrees 15 minutes west 2485 feet to the original land line between land lots 113 and 114; thence in a northeasterly direction along said original land line 760 feet, more or less, to the present city limits of the City of Lawrenceville; thence in a southerly direction along the present city limits of said city to the point of beginning. Also, all that tract or parcel of land lying and being in the 5th land district of Gwinnett County, Georgia, adjacent to the east side of the City of Lawrenceville and particularly described as follows: Beginning at a point on the original land line between land lots 173 and 174 where the present city limits intersects said land line east of the New Hope Road and running thence along original land line in a northeasterly direction 2430 feet, more or less, to a point on said original line 500 feet southwest of the center of Paper Mill Road; thence in a southeasterly direction parallel to the center line of said road and 500 feet therefrom 1290 feet; thence northeasterly 500 feet to the center of the Paper Mill Road; thence continuing on the same course 1300 feet to the center of the old Winder Road 1775 feet east of the intersection of old Winder Road with the Paper Mill Road; thence in a northerly direction right angles to the center line of the old Winder Road 500 feet; thence in a westerly direction parallel to the old Winder Road and 500 feet therefrom 2070 feet to the original land line between land lots 174 and 179; thence in a northwesterly direction along said original land line 450 feet, more or less, to the Pine Land Valley subdivision; thence north 59 degrees east 720 feet; thence north 45 degrees 15 minutes west 1300 feet, more or less, to the present city limits at a point 500 feet from the center line of U. S. Highway No. 29; thence in a southwesterly direction along the present line of the city limits to the point of beginning. Also, all that tract or parcel of land lying and being in the 5th land district of Gwinnett County, Georgia, adjacent to the southeast side of the City of Lawrenceville and described as follows: All land within 500 feet of the center line of the New Hope Road, on each side of said road, and extending from the present city limits to a point 950 feet, more or less, as measured along the center line of New Hope Road, to the land now owned by Adams. Page 2393 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Page 2394 Constitution of the State of Georgia of 1945, relating to publication of notices of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. State of Georgia, County of Gwinnett. Before me the undersigned officer, duly authorized to administer oaths, personally appeared Marvin A. Allison, who after being duly sworn, deposes, says and certifies that he is publisher of the News-herald, a newspaper published in said county, and in which the advertisements of the sheriff of said county are published and that the attached notice of proposed legislation has been published in the News-Herald on the following dates: January 16, 1958; January 23, 1958; and January 30, 1958. /s/ Marvin A. Allison. Sworn to and subscribed before me, this the 31st day of January, 1958. /s/ R. Duncan, Notary Public, Gwinnett Co., Ga. Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the 1958 session of the General Assembly of Georgia, a bill to extend the city limits of the City of Lawrenceville, Georgia. The bill will incorporate in the city limits the following territroies to-wit. All that tract or parcel of land lying and being in the 5th land district of Gwinnett County, Georgia adjacent to the west side of the City of Lawrenceville and particularly described as follows: Beginning at a point where the present city limits of the City of Lawrenceville intersects the original land line between land lots 115 and 142 of the 5th land district of said county and running Page 2395 thence in a southeasterly direction along said land lot line to the center of the Lawrenceville-Five Forks Road; thence south 25 degrees 30 minutes west 1003 feet along the center of said road; thence north 47 degrees 31 minutes west 320.4 feet; thence north 80 degrees 1 minute west 323.6 feet; thence north 86 degrees 31 minutes west 228 feet; thence north 61 degrees 31 minutes west 145.9 feet; thence north 77 degrees 31 minutes west 210 feet; thence north 87 degrees 1 minute west 100 feet; thence north 36 degrees 31 minutes west 402.7 feet; thence north 64 degrees 44 minutes east 390.9 feet; thence north 26 degrees 14 minutes east 361.8 feet; thence north 0 degrees 29 minutes east 400.5 feet; thence north 32 degrees 14 minutes west 136.4 feet to the lands of Fred Craig; thence north 58 degrees 45 minutes west 497 feet; thence north 60 degrees 42 minutes west 319 feet to the lands of the Craig Estate; thence north 31 degrees 15 minutes west to the center of the U. S. Highway No. 29; thence along the center of U. S. Highway No. 29 in a northeasterly direction 815 feet, more or less, to the land line between the land of Fred Craig and the land of the Craig Estate on the northwest side of said highway; thence along said land line north 31 degrees 15 minutes west 2485 feet to the original land line between land lots 113 and 114; thence in a northeasterly direction along said original land line 760 feet, more or less, to the present city limits of the City of Lawrenceville; thence in a southerly direction along the present city limits of said city to the point of beginning. Also, all that tract or parcel of land lying and being in the 5th land district of Gwinnett County, Georgia, adjacent to the east side of the City of Lawrenceville and particularly described as follows: Beginning at a point on the original land line between land lots 173 and 174 where the present city limits intersects said land line east of the New Hope Road and running thence along original land line in a northeasterly direction 2430 feet, more or less, to a point on said original line 500 feet southwest of the center of Paper Mill Road; thence in a southeasterly direction parallel to the center line of said road and 500 feet therefrom 1290 feet; Page 2396 thence northeasterly 500 feet to the center of the Paper Mill Road; thence continuing on the same course 1300 feet to the center of the old Winder Road 1775 feet East of the intersection of Old Winder Road with the Paper Mill Road; thence in a northerly direction right angles to the center line of the old Winder Road 500 feet; thence in a westerly direction parallel to the old Winder Road and 500 feet therefrom 2070 feet to the original land line between land lots 174 and 179; thence in a northwesterly direction along said original land line 450 feet, more or less, to the Pine Land Valley subdivision; thence north 59 degrees east 720 feet; thence north 45 degrees 15 minutes west 1300 feet, more or less, to the present city limits at a point 500 feet from the center line of U. S. Highway No. 29; thence in a southwesterly direction along the present line of the city limits to the point of beginning. Also, all that tract or parcel of land lying and being in the 5th land district of Gwinnett County, Georgia, adjacent to the southeast side of the City of Lawrenceville and described as follows: All land within 500 feet of the center line of the New Hope Road, on each side of said road, and extending from the present city limits to a point 950 feet, more or less, as measured along the center line of New Hope Road, to the land now owned by Adams. 13-3t-c Approved March 17, 1958. CITY OF EAST POINTCORPORATE LIMITS. No. 113 (House Bill No. 899). An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 1912 (Ga. L. 1912, p. 862, et seq.) and the Page 2397 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. There is, hereby excluded from the City limits of the City of East Point in Fulton County, Georgia, the municipal corporation aforesaid, the following territory to wit: Beginning at a point on the common boundary line between the City of East Point and the City of College Park, (land lot 163, of the 14th district of Fulton County, Georgia), said line being a continuation of the center line of West Vesta Avenue, said point being twenty-five (25) feet south of and one hundred forty-five (145) feet west of an iron pin marking the intersection of the north side of English Lane (or West Vesta Avenue) and the west side of La Rose Street; thence running westwardly along the said common boundary line five hundred ten (510) feet, more or less to a point on the southeast boundary of lot 2, block B of Pinebrook Acres subdivision, thirty-two and four tenths (32.4) feet northeast of the southeast corner of said lot 2; thence northeastwardly, three hundred thirty-two and nine-tenths (332.9) feet, to an iron pin; thence south 59 degrees 30 minutes, east, a distance of sixty (60) feet; thence southwardly, a distance of sixty-seven and one tenth (67.1) feet, to an iron pin; thence eastwardly a distance of two hundred fifty-eight (258) feet, to an iron pin; thence southwardly, one hundred sixty-five (165) feet, more or less, to the point of beginning. Section 2. Notice of intention of the City of East Point to apply for this local legislation was published three (3) times in the Fulton County Daily Report in three (3) separate calendar weeks during a period of sixty (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 Page 2398 part hereof as required by the new Constitution of this State. Section 3. All laws and parts of laws in conflict with this Act 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 19, 26 days of November, 1957, Dec. 3, 10, 17, 24, 31, 1957, and on the 7, 14, 21 days of January 1958 as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 24th day of January, 1958. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My Commission Expires March 8, 1958. 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 session of the General Assembly of Georgia convening in January 1958, 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 Page 2399 several Acts amendatory thereof; and for other purposes. This 18th day of November, 1957. City of East Point, By Ezra E. Phillips, City Attorney, 1301 Fulton Nat'l. Bank Bldg. Atlanta 3, Georgia. Nov 19 26 Dec 3 tfn Approved March 17, 1958. PENSIONS TO MEMBERS OF FIRE DEPARTMENTS IN CERTAIN CITIESAMENDED. No. 114 (House Bill No. 1069). 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. 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. That the Act approved March 13, 1957, (Ga. L. 1957 pp. 2854-2857) amending the Act described in the caption hereof be amended by striking section 2, relating to benefits for retired employees over seventy Page 2400 years of age, and by substituting in lieu thereof a new section 2 as follows: Section 2. Pension payments due all former officers and employees who have retired prior to April 1, 1955, and have been awarded a pension under the provisions of this Act, who have reached seventy years of age, or who shall hereafter reach seventy years of age, shall be recomputed 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 set out in this Act as amended. Benefits. Section 2. The board of trustees shall permit any officer or employee who is eligible for pension benefits or increased pension benefits under this Act as amended and who is not now making the required contributions for such benefits, to become a member of such pension fund and to participate in the increased benefits provided by this Act as amended provided such officer or employee shall pay into the pension funds of such city an amount which would be equal to the amounts which he would have been required to pay had he exercised his privileges upon becoming eligible for such benefits. These payments shall be increased by 4% per annum from the dates such payments would have been due and may be paid over a period of fifty months. The board of trustees shall by rules provide for the exercise of the options herein authorized. Members. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 17, 1958. Page 2401 CITY OF ALMAALLEY ABANDONED. No. 115 (House Bill No. 1075). An Act to authorize and empower the City of Alma, Georgia to abandon any and all rights in and to close permanently for use as an alley, a certain ten (10) foot strip running through the easterly part of block 84 of the Alma Land and Improvement Company subdivision of original lot of land No. 282 in the 5th district of originally Appling, now Bacon County, Georgia, as per plat of record in the office of the Clerk of the Superior Court of Bacon County, Georgia, said alley lying between lots 1 and 2 on the north and lots 3, 4 and 5 on the south of said block 84 and being a strip ten (10) feet wide and one hundred (100) feet long, more or less, said alley being bounded on the north by lands of Standard Oil Company; on the east by Pierce Street, or Federal Highway #1; on the south by lands of Standard Oil Company, and on the west by lands of M. E. Butler, it appearing that said strip has never been accepted by the City of Alma as an alley nor ever used by the public as an alley and that the rights of no persons are affected except M. E. Butler and Standard Oil Company and that the closing of this alley has been consented to by these owners; and to authorize the execution and delivery by the City of Alma, Georgia, of a deed of conveyance, conveying to the abutting property owner the fee simple title to the land embraced within the limits of said alley; 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. The mayor and councilmen of the City of Alma, Georgia, are hereby authorized to abandon any and all rights in and to closing permanently for use as an alley a certain ten (10) foot strip running through the easterly part of block 84 of the Alma Land and Improvement Company subdivision of original lot of land 282 in the 5th district of originally Appling, now Bacon Page 2402 County, Georgia, as per plat of record in the office of the Clerk of the Superior Court of Bacon County, Georgia, said alley lying between lots 1 and 2 on the north and lots 3, 4 and 5 on the south of said block 84 and being a strip ten feet wide and 100 feet long, more or less, said alley being bounded on the north by lands of Standard Oil Company; on the east by Pierce Street, or Federal Highway No. 1; on the south by lands of Standard Oil Company; on the west by lands of M. E. Butler, it appearing that said strip has neve been accepted by the City of Alma, Georgia, as an alley, nor ever used by the public as an alley and that the rights of no persons are affected except M. E. Butler and Standard Oil Company who have consented for said alley to be closed. The alley being closed is shown upon the current official map of the City of Alma, as part of block 84 of the Alma Land Improvement Company subdivision, and the said alley shall from and after the passage of this act, no longer be a part of the system of streets and alleys of the City of Alma, Georgia. Section 2. The mayor and councilmen of the City of Alma, Georgia, are hereby authorized to make, execute and deliver to the abutting property owner deed of conveyance conveying to said property owner the full and fee simple title to the land embraced within the limits of said alley so as to extend the ownership of the abutting property to the abutting owner. Section 3. There is attached hereto and made a part of this bill a copy of the notice of intention to seek this local legislation accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Bacon. In person before the undersigned officer authorized by law to administer oaths comes C. J. Broome who being Page 2403 first sworn, deposes and on oath says that he is Representative from Bacon County, Georgia, and that the following notices to seek local legislation was duly published in the Alma Times of Alma, Georgia, the official newspaper for the publication of legal advertisements in its issues of January 23, 30 and February 6, 1958. The legal advertisements published is as follows: Notice of Intention to Seek Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which convenes on January 13, 1958, for the passage of a local bill to be entitled: An Act to authorize, empower the City of Alma to abandon any and all rights in and to close permanently for use as a alley a certain ten (10) foot strip running through the easterly part of block No. 84 of the Alma Land and Improvement Company subdivision of original lot of land No. 282 in the fifth district of originally Appling, now Bacon County, Georgia, as per plat of record in the office of the Clerk of the Superior Court of Bacon County, Georgia, said alley lying between lots No. 1 and No. 2 on the north and lots No. 3, 4 and 5 on the south of said block No. 84 and being a strip of Standard Oil Company; on the east by Pierce Street, or ten (10) feet wide and one hundred (100) feet, more or less, long, said alley being bounded on the north by lands Federal Highway No. 1; on the south by lands of M. E. Butler, it appearing that said strip has never been accepted by the City of Alma as an alley and the rights of no persons are affected except M. E. Butler and Standard Oil Company, this action being consented to by these owners; and to authorize the execution and delivery by said City of Alma of a deed, or deeds of conveyance conveying to the abutting property owners the fee simple title to the land embraced within the limits of said alley; and for other purposes. Page 2404 This 11th day of January, 1958. C. J. Broome, Representative, Bacon County, Georgia. Dorsey Deen, Senator, 46th District, Senate of Georgia. This 10th day of February, 1958. /s/ C. J. Broome. C. J. Broome. Sworn to and subscribed before me, this 10th of February, 1958. /s/ Frank H. Edwards, (Seal). Notary Public, Georgia, State at Large. My commission expires October 14, 1959. Approved March 17, 1958. CITY OF MACONCORPORATE LIMITS. No. 116 (House Bill No. 974). 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 Page 2405 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, and particularly the Acts of the General Assembly 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, and as further amended by the Acts of the General Assembly of Georgia, appearing in the published Acts of the General Assembly for 1957 from pages 2900 through 2914, both inclusive, by adding at the end of said section 2 as amended by said Acts of 1957, 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 of the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or subsection of said Act or Acts, and particularly the Acts of the General Assembly 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 Page 2406 the General Assembly for 1956 on pages 3125 through 3137, both inclusive, and as further amended by the Acts of the General Assembly of Georgia, appearing in the published Acts for the General Assembly for 1957, from pages 2900 through 2914, both inclusive, by adding at the end of said section 2, as amended by said Acts of 1957, description of new territory to become a part of the City of Macon, to be known as subsection (L) of said section 2 of the charter of the City of Macon, and 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: (L) All that tract or parcel of land situate in the Vineville District of Bibb County, Georgia, being all of parcel A and a part of parcel B in land lots 12 and 19, Macon Reserve West, as shown on a plat prepared by Winchester Gostin, dated June 25, 1957, and being a part of the 16.7 acre tract described in the deed from Henry J. Muecke, et al to Crestview Development Company, dated August 12, 1930 and recorded in Clerk's Office, Bibb Superior Court, book 380, folio 213 and being more particularly described as follows: Beginning at a point on the present city limit line where said city limit line is intersected by a line drawn parallel to and 30 feet southwest of the center line of the concrete paving on Roff Avenue, said point being also 1609.4 feet northwesterly of the face of the curb on Pio Nono Avenue; and from said beginning point running along said parallel line north 52 degrees, twenty-seven minutes west, a distance of 447.8 feet to an iron pin; thence angling left and running south 0 degrees, forty-three minutes east a distance of 407.4 feet to an iron pin; thence angling right and running south eighty-nine degrees, seventeen minutes west a distance of 29 feet to an iron pin; thence angling left and runinng south 0 degrees, forty-three minutes east a distance of 614 feet to an iron pin on a line drawn parallel to and thirty feet north of the center line of Green Street; thence angling left and running along said line drawn parallel to the center line of Green Street north Page 2407 eighty-seven degrees, forty-seven minutes east a distance of 264.5 feet to its intersection with the present corporate limit line of the City of Macon; thence angling left and running along said corporate limit line north one degree, forty-nine minutes west a distance of 557 feet; thence angling right and continuing along said corporate limit line north thirty-four degrees, thirty-four minutes east a distance of 220.3 feet to the point of beginning. Section 2. All laws or part of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned attesting officer, Andrew 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 December 28, 1957, January 4 and January 11, 1958, during a period of sixty days immediately preceding the introduction of said bill on 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 and subscribed before me, this 4th day of February, 1958. /s/ Janette Hirsch. (Seal). Notary Public, Georgia, State at Large. My commission expires October 4, 1960. 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 Page 2408 tion at the 1958 session of the General Assembly, which convenes on Monday, January 13, 1958: 1. An Act to amend section 2 of the charter of the City of Macon, as amended, relating to the corporate limits of the City of Macon, by adding thereto a description of new territory to become a part of the City of Macon; 2. An Act to amend section 46 of the charter of said city, as amended, relating to the powers of the Recorder of the City of Macon, so as to define the offense of contempt of the Recorder's Court of the City of Macon and enlarge the powers of said recorder so as to include the power to punish for contempt of said court and to impound and condemn firearms which have been illegally used in said city; 3. An Act to amend section 48 of the charter of the City of Macon, as amended, relating to the clerk and other officers of the Recorder's Court so as to make specific provision for the office of the clerk of the Recorder's Court and his election, to define his powers and duties, and to provide for his compensation; 4. An Act directing the City of Macon to close, vacate and abandon and discontinue the use of the Old City Cemetery located in a portion of square 35 and in a portion of the original right of way of Seventh Street lying east of said square in the City of Macon for cemetery purposes; directing the removal of the remains of the bodies buried in said Old City Cemetery, together with the headstones and monuments therein, from said square 35 and from said portion of Seventh Street, and the reinterment thereof in an appropriate area of Rose Hill Cemetery in the City of Macon set apart for said purpose; directing the City of Macon to pay the costs thereof and to erect in said portion of Rose Hill Cemetery a suitable memorial commemorating and honoring the 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. Page 2409 This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 27th day of December, 1957. C. Cloud Morgan, City Attorney. Approved March 17, 1958. HARALSON COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES. No. 117 (Senate Bill No. 314). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Haralson, as amended, particularly by an Act approved March 4, 1935 (Ga. L. 1935, p. 667) and an Act approved February 21, 1951 (Ga. L. 1951, p. 3295), so as to change the compensation of the single commissioner of roads and revenues for Haralson 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. An Act creating a Board of Commissioners of Roads and Revenues for the County of Haralson, as amended, particularly by an Act approved March 4, 1935 (Ga. L. 1935, p. 667) and an Act approved February 21, 1951 (Ga. L. 1951, p 3295) is hereby amended by striking from paragraph a. of section 13, as added by the aforesaid amendatory Act of 1951, the figure, $250.00, and inserting in lieu thereof the figure, $300.00, so that when so amended said paragraph a. shall read as follows: a. The Commissioner of Roads and Revenues of Haralson County, Georgia shall receive a salary of Page 2410 $300.00 per month for every month during which he performs all the duties now or hereafter required of him by law. Provided, however, that for any month during which he fails or neglects to perform all such duties, his salary shall be $150.00 per month; in addition thereto said commissioner shall receive all necessary expenses in the operation, maintenance and supervising the affairs of said county, including expenses incurred in traveling in the performance of his official duties, and all expenses incident and necessary to the maintenance of his office provided same shall not exceed in any one year the sum of $1,000.00, and provided all such expenses are approved by the grand jury. Section 2. This Act shall become effective on the first day of the month immediately following the month in which it is approved by the Governor or otherwise becomes a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Enrolled copy has affidavit, or advertisement, or both attached thereto. Approved March 17, 1958. CITY OF LUDOWICICHARTER AMENDED. No. 118 (House Bill No. 1074). An Act to amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p 835), so as to change the corporate limits of said city; to extend the terms of office of the city officials of said city; to change the provisions relating to elections in said city; to repeal conflicting laws; and for other purposes. Page 2411 Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 835), is amended by striking section 3 thereof in its entirety and inserting in lieu thereof a new section which shall read as follows: Section 3. Be it enacted that the corporate limits of the City of Ludowici shall be all the territory contained in the following boundary: On the west by Jones Creek Swamp; south and southeast by Sweet Water Branch to the Atlantic Coast Line Railroad; thence in a northeast direction along the right of way of the said Atlantic Coast Line Railroad for a distance of six hundred sixty feet and to the margin of the Georgia Power right-of-way; thence in a northwest direction at a right angle from the Atlantic Coast Line Railroad for a distance of four thousand two hundred twenty-four feet; thence in a southwestward direction in a parallel line with the Atlantic Coast Line Railroad and crossing U. S. Highway number 301 at the southeast property of the Rainbow Motor Court to the intersection of Jones Creek, power being given to the corporate authorities of said city to alter, modify, change and rectify said boundaries. Corporate limits. Section 2. Said Act is further amended by striking therefrom section 5 in its entirety and inserting in lieu thereof a new section 5 which shall read as follows: Section 5. Be it enacted, That the present mayor, recorder and aldermen of Ludowici shall continue in the office to which they were elected until the first Monday in January, 1962, and until their successors are elected and qualified; and said mayor, recorder and aldermen shall have and exercise all the rights, powers, duties and authority conferred upon them by virtue of this charter. Terms of officials. Section 3. Said Act is further amended by striking Page 2412 therefrom section 6 in its entirety and inserting in lieu thereof a new section 6 which shall read as follows: Section 6. The mayor, recorder and aldermen of the City of Ludowici shall be elected as herein provided and shall hold office for a term of four years and until their successors are elected and qualified. Same. Section 4. Said Act is further amended by striking therefrom section 7 in its entirety and inserting in lieu thereof a new section 7 which shall read as follows: Section 7. That the next election under the charter of the City of Ludowici shall be held on the first Wednesday in December, 1961, at which time there shall be elected by the qualified voters of said city a mayor, recorder and five aldermen to hold office for the term of four years, and until their successors shall be elected and qualified. Elections. Each four years thereafter on the same day in the same month at the council room of said city a mayor, recorder and five aldermen shall be elected by the qualified voters of said city, who shall serve for a term of four years and until successors shall be elected and qualified. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Long. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Mary Williams Owen, who, having been first duly sworn on oath, deposes and says that she is the managing editor of The Ludowici News, a newspaper in which are published the sheriff's advertisements for Long County, Georgia; that the notice of intention to apply for passage of a local bill, copy of which is attached below Page 2413 this certificate, was published in The Ludowici News in the issues of January 10th, 17th, 24th, 1958. /s/ Mary Williams Owen, Managing Editor, The Ludowici News. Sworn to and subscribed before me, this 25th day of January, 1958. /s/ Jos. W. Long, Clerk, (Seal). Superior Court, Long County, Georgia. Notice of Local Bill. This is to give notice of the intention of the undersigned to introduce and apply for the passage of a local bill at the 1958 session of the General Assembly of Georgia, which shall be entitled: An Act to amend an Act of the City of Ludowici, Georgia, approved August 18, 1923, as subsequently amended; to extend the city limits of said City of Ludowici, Georgia, so as to include within said city limits certain other areas adjoining the city of said city limits; to amend the terms of office of the officials of said city; to repeal all laws and parts of laws in conflict therewith; and for other purposes. George W. Hendrix, Representative, Long County, Georgia. Approved March 17, 1958. Page 2414 FORSYTH COUNTYSALARY OF TAX COMMISSIONER. No. 119 (Senate Bill No. 311). An Act to amend an Act abolishing the office of tax-receiver and tax collector of Forsyth County, Georgia and creating the office of tax commissioner, approved August 17, 1929 (Ga. L. 1929, p. 611), so as to change the compensation of said tax commissioner to a fixed salary; 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 abolishing the office of tax-receiver and tax collector of Forsyth County, Georgia and creating the office of tax commissioner, approved August 17, 1929 (Ga. L. 1929, p. 611), is hereby amended by striking therefrom section 5, in its entirety, and by substituting in lieu thereof a new section 5 to read: Section 5. In lieu of all fees, commissions and perquisites of any kind, the tax commissioner of Forsyth County, Georgia shall receive a salary of eight thousand five hundred dollars ($8,500.00) per annum, payable monthly out of county funds. Said tax commissioner shall pay the compensation of any clerical or other assistance necessary out of the salary provided in this section. Section 2. This Act shall become effective April 1, 1958. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Enrolled copy has affidavit, or advertisement or both attached thereto. Approved March 17, 1958. Page 2415 NAME OF TOWN OF BALL GROUND CHANGED TO CITY OF BALL GROUND. No. 120 (House Bill No. 1088). An Act to amend an Act creating a new charter for the Town of Ball Ground, approved February 18, 1941 (Ga. L. 1941, p. 1084), as amended, so as to change the name of said town to the City of Ball Ground; 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 Ball Ground, approved February 18, 1941 (Ga. L. 1941, p. 1084), as amended, is amended by striking from said Act whenever the same shall appear the words, Town of Ball Ground, and inserting in lieu thereof the words, City of Ball Ground, and by striking from said Act wherever the same shall appear the word, town, and inserting in lieu thereof the word, city, so that said town shall henceforth be known as the City of Ball Ground. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to change the name of the Town of Ball Ground to the City of Ball Ground; and for other purposes. This 22nd day of January, 1958. Carl Barrett, Representative, Cherokee County. Georgia, Fulton County. Personally appeared before me, the undersigned Page 2416 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 23, January 30, and February 6, 1958. /s/ Carl Barrett, Representative, Cherokee County. Sworn to and subscribed before me, this 11th day of February, 1958. /s/ John Tye Ferguson, Notary Public. My commission expires Oct. 10, 1961. (Seal). Approved March 17, 1958. CITY OF CAIROCHARTER AMENDED. No. 121 (House Bill No. 861). An Act to amend an Act incorporating the City of Cairo, approved August 6, 1906 (Ga. L. 1906, p. 573), as amended, so as to provide that in the event of the resignation or resignations of the mayor or any or all of the councilmen of said city, a special election shall be called to choose a successor or successors to such person or persons prior to the time that such resignation or resignations shall become effective or as soon thereafter as is practical; to prescribe the procedure in connection 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 Cairo, approved August 6, 1906 (Ga. L. 1906, p. 573), as amended Page 2417 is amended by inserting following section 17 a new section which shall be known as section 17A which shall read as follows: Section 17A. In the event that the mayor or any of the councilmen of the City of Cairo shall submit his resignation, it shall be the duty of the mayor and council of said city to call a special election to choose the successor or successors to the person or persons who shall have submitted his or their resignation, such election to be held under the rules provided for in section 17 of this Act and prior to the effective date of the resignation or resignations or as soon thereafter as practical. In the event that the mayor and all of the councilmen of said city shall submit their resignations, then any ten (10) qualified voters of the City of Cairo may call a special election to choose the successors to the persons who shall have submitted their resignations, such election to be held under the rules provided for in section 17 of this Act and prior to the effective date of the resignations or as soon thereafter as practical. Elections. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom It May Concern: You are hereby notified that the undersigned intends to introduce in the 1958 January session of the General Assembly of the State of Georgia a local or special bill for the purpose of amending that certain Act approved August 6, 1906 (Ga. L. 1906, p. 573) incorporating the City of Cairo as amended from time to time, so that in the event of a resignation in the office of the mayor or councilmen, whether effective immediately or at a future date, an election may be thereafter called, so as to fill said vacancy by the time it occurs, or as soon thereafter as may be possible. This the 21st day of December, 1957. Roy Perkins, Representative, Grady County, Georgia. Page 2418 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy Perkins, who, on oath, deposes and says that he is Representative from Grady County, and that the attached copy of notice of intention to introduce local legislation was published in The Cairo Messenger, which is the official organ of Grady County, on the following dates: December 27, 1957, January 3, 1958 and January 10, 1958. /s/ Roy Perkins, Representative, Grady County. Sworn to and subscribed before me, this 29th day of January, 1958. /s/ Janette Hirsch. (Seal). Notary Public, Georgia, State at Large. My commission expires October 4, 1960. Approved March 17, 1958. STEPHENS COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 122 (House Bill No. 1050). An Act to amend an Act creating a board of commissioners of roads and revenues in the County of Stephens, approved March 22, 1937 (Ga. L. 1937, p. 1415) as amended by an Act approved February 6, 1952 (Ga. L. 1952, p. 2213), so as to increase the compensation of the commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues in the County of Stephens, approved Page 2419 March 22, 1937 (Ga. L. 1937, p. 1415), as amended by an Act approved February 6, 1952 (Ga. L. 1952, p. 2213), is hereby amended by striking section 8 in its entirety and in lieu thereof inserting the following: Section 8. The chairman of the board of commissioners shall be compensated in the amount of one hundred twenty-five ($125.00) dollars per month. Each of the other members of the board shall be compensated in the amount of seventy-five ($75.00) dollars per month. Such sums shall be payable monthly from the funds of Stephens County. Section 2. The compensation provided in this Act shall become effective on the first day of the month following the month that this Act is approved by the Governor or otherwise becomes law. Effective date. 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 it is my intention to introduce at the 1958 session of the General Assembly of Georgia a bill to change the compensation of the members of the Board of Commissioners of Roads and Revenues of Stephens County, Georgia; to provide that the change shall become effective April 1st, 1958; to repeal conflicting laws; and for other purposes. Frank L. Gross, Representative, Stephens County. 12-19-4t Georgia, Stephens Connty. Personally appeared before me a notary public, the undersigned Robert W. Graves, Sr., who on oath says that he is editor of the Toccoa Record, a newspaper published in the City of Toccoa, being of general circulation Page 2420 and being the legal organ for said County of Stephens, 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 four weeks as required by law; said dates of publication being as follows: December 12th, 1957, December 19th, 1957, December 26th, 1957 and January 2nd, 1958. /s/ Robt. W. Graves, Sr. Sworn to and subscribed before me, this 7th day of February, 1958. /s/ Ollie Mae Stowe, Notary Public, Georgia. My commission expires December 27, 1961. (Seal). Approved March 17, 1958. CITY OF ACWORTHCHARTER AMENDED. No. 123 (Senate Bill No. 265). An Act to amend an Act establishing a new charter for the City of Acworth approved August 17, 1903, (Ga. L. 1903, p. 413 et. seq.), so as to extend the present corporate limits of said city to include therein certain territory in the County of Cobb contiguous and adjacent to the north, south, east, and west thereof; defining the boundaries of said territory; providing, that when said territory shall become a part of said city, the proper authorities may make assessments of property located in said territory for the purposes of taxation; providing that the laws of said City of Acworth, after the inclusion of said territory for the purposes of taxation; providing that the laws of said City of Acworth, after the inclusion of said territory, shall apply to said territory, including all city ordinances previously passed and to be passed, all ordinances as to voters qualifications, tax assessments, taxation, qualifications Page 2421 for eligibility for holding office, the issuance of licenses for business and all other statutes and ordinances of the City of Acworth. 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 said City of Acworth are hereby extended beyond its present boundaries as now defined as to include the following territory, to-wit: Tract One: All that tract or parcel of land lying and being in land lots No. 33, 34, 43, 44, and 45 of the 20th district and 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point in said land lot 33 where the north side of Woods Street intersects the westerly corporate limits of said City of Acworth; run thence westerly following the northerly side of said Woods Street to a point where the north side of said Woods Street intersects Old Route 92; thence continuing northwesterly to the intersection with Cemetery Road; thence north to the north side of Cemetery Road; thence northeasterly following the northerly side of Cemetery Road to its intersection with the west side of Griggs Road; thence northwesterly along the west side of Griggs Road to the north land lot line of said land lot 33; thence west along the north lines of land lots Nos. 33 and 34 to the east side of Lake Allatoona; thence southerly, southeasterly and easterly following the shores of Lake Allatoona and Lake Acworth and the meanderings thereof to a point where the southwesterly city limits of said City of Acworth intersects said shoreline; thence northwesterly, northerly, and northeasterly following the present city limits of said City of Acworth to the point of beginning. Corporate limits Tract Two: All that tract or parcel of land lying and being in land lots Nos. 46, 47, 68 and 69 of the 20th district and 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point where the present easterly corporate limits of said City of Acworth intersects the northeasterly side of Old U. S. 41; run thence southeasterly along the northeasterly Page 2422 side of said Old U. S. 41 to its intersection with the southeasterly side of Toccoa Drive; thence crossing Old U. S. 41 in a southerly direction to the easterly side of Grogan Street; thence southerly along the east side of Grogan Street and continuing along the line thereof to a point on the shoreline of Lake Acworth; thence westerly and northwesterly along the shoreline of Lake Acworth and following the meanderings thereof to the point where said shoreline intersects the southeasterly corporate limits of said City of Acworth; thence northeasterly and northerly following said corporate limits to the north side of Old U. S. 41 and the point of beginning. Tract Three: All that tract or parcel of land lying and being in land lots Nos. 29 and 30 of the 20th district and 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point where the north side of South Side Drive intersects the east corporate limits of said City of Acworth; running thence easterly along the north side of South Side Drive and Hickory Grove Road to a point where the north side of said Hickory Grove Road intersects the south land lot line of said land lot 29; thence north 125 feet to a point and corner; thence northwesterly and parallel to said Hickory Grove Road 170 feet to the east land lot line of land lot 30; thence north along the east land lot line of said land lot 30, 1795 feet to Tanyard Creek; thence northwesterly following the meanderings of Tanyard Creek to the east side of Cowan Road; thence northerly along the east side of Cowan Road to a point which is 153.2 feet north of the north side of Cowan Circle, if said line were extended from the west side of Cowan Road; thence north 85 degrees 44 minutes west, a distance of 796.7 feet to a point and corner; thence southerly along the east side of Cowan Circle Extension a distance of 72.5 feet to a point and corner; thence westerly 370 feet to a point and corner; thence north 1210 feet to a point and corner; thence west 870 feet to a point and corner on the east boundary of the present corporate limits; thence in a southeasterly, southerly and southwesterly direction, following the curvature of the present corporate Page 2423 limits to the north side of South Side Drive and the point of beginning. Tract Four: All that tract or parcel of land lying and being in land lot 8 of the 20th district and 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point where the west side of State Route 92 intersects the northerly corporate limits of said City of Acworth; run thence northeasterly and easterly along the north side of State Route 92 to the east land lot line of said land lot 8; thence south along the east line of said land lot 8 to its intersection witht the corporate limits of said City of Acworth; thence northwesterly following the corporate limits of said City of Acworth to the intersection with the west side of State Route 92 and the point of beginning. Section 2. The jurisdiction of the City of Acworth, the municipal corporation aforesaid, is hereby extended over all of the territory included within the boundaries above-described in section 1 of the Act, and the power and authority of said municipality under the present charter and ordinances and all laws appertaining to said municipality are hereby extended over and made effective in each part of the territory covered and included within the limits of said municipality as extended in 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 of the limits included under the terms of section 1 of this Act. All citizens owning property and residing within the limits of the territory described in said section 1 of this Act shall be eligible for voting and for holding office under the terms and conditions set out in the present charter of the City of Acworth upon compliance Page 2424 with the terms of said charter. Said new territory is likewise made subject to all bonds heretofore issued by the City of Acworth, and is bound for the payment of bonds generally with the former territory of said municipality. Corporate powers. Section 3. Notice of intention to apply for the enactment of this Act was published in the manner prescribed by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, that there is hereto attached and made a part of this Act, a copy of notices certified by the publisher of the newspaper in which the sheriff's advertisements for Cobb County, Georgia, are published to the effect that said notices have been published as provided by law. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Enrolled copy has affidavit, or advertisement, or both attached thereto. Approved March 17, 1958. CITY OF WARRENTONCHARTER AMENDED. No. 124 (House Bill No. 1044). An Act to amend an Act entitled `An Act to incorporate the Town of Warrenton, in Warren County, Georgia,' approved December 12, 1859, and Acts amendatory thereof, so as to provide that there shall be no fixed salary for the clerk and deputy clerk but that the compensation of said officers may be fixed by the mayor and council of the City of Warrenton; and so as to provide that voters in city elections shall register with the city clerk at least 20 days prior to the election in which they are to vote, and to define the qualifications of voters, and to provide that all city elections shall be Page 2425 held at the city hall or some other place designated by the mayor and council of said city, and that the hours of holding said election shall be set by said mayor and council, and that the election holders, that is, those sitting at the polls in said election and presiding in the holding of same, shall receive compensation of not less than $5.00 nor more than $6.00 per day; 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. There shall be no fixed salary for the clerk and deputy clerk of the City of Warrenton but the compensation of each of said officers or employees shall be fixed by the mayor and council of said city. Salaries. Section 2. Those otherwise qualified to vote in city elections, of the City of Warrenton, shall not be permitted to vote unless they have first registered with the city clerk at least twenty (20) days prior to the election in which they are to vote, and no person shall be qualified or permitted to register except those persons qualified to vote for members of the General Assembly of this State at the time they offer to register, and who have resided in the City of Warrenton for not less than one (1) month prior to the election at which they offer to vote. On the effective date of this Act the present voters list of the City of Warrenton will become null and void and that a new voters list will be established according to the terms of this Act. Electors. Section 3. All city elections for the City of Warrenton shall be held at the city hall or at some other place designated by the mayor and council of said city, and the hours of holding said elections shall be fixed by said mayor and council, and those sitting at the polls in said election and presiding and assisting in the holding of same shall receive compensation for said service of not less than five ($5.00) dollars nor more than six ($6.00) dollars per day to be fixed by the mayor and council of said city. Elections. Page 2426 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. 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 1958 session of the Georgia Legislature, a local bill entitled as follows: An Act to amend an Act entitled `An Act to incorporate the town of Warrenton, in Warren County, Georgia,' approved December 12, 1859, and Acts amendatory thereof, so as to provide that there shall be no fixed salary for the clerk and deputy clerk but that the compensation of said officers may be fixed by the mayor and council of the City of Warrenton; and so as to provide that voters in city elections shall register with the city clerk at least 20 days prior to the election in which they are to vote, and to define the qualifications of voters, and to provide that all city elections shall be held at the city hall or some other place designated by the mayor and council of said city, and that the hours of holding said election shall be set by said mayor and council, and that the election holders, that is, those sitting at the polls in said election and presiding in the holding of same, shall receive Page 2427 compensation of not less than $5.00 nor more than $6.00 per day; to repeal conflicting laws and for other purposes. This the 15th day of January, 1958. /s/ Jack B. Ray, Representative, Warren County, Georgia. D Jan 17 24 31 was published in said newspaper on the following dates and issues, to-wit: The issue of January 17, 1958, the issue of January 24, 1958, the issue of January 31, 1958. /s/ Alva L. Haywood. Sworn and subscribed to before me, this the 7th day of February, 1958. /s/ J. Cecil Davis, Notary Public, Warren County, Georgia. (Seal). Approved March 17, 1958. CITY OF ALBANYCHARTER AMENDED. No. 126 (House Bill No. 948). An Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, by amending section 32 of said charter so as to enlarge the powers of eminent domain possessed by said city; to authorize the condemnation of certain public utility property under certain circumstances; and for other purposes. Be it enacted by the General Assembly of the State of Page 2428 Georgia, and it is hereby enacted by the authority of same, that: Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby further amended by adding to section 32 thereof, the following: In addition to the aforesaid power to condemn lands within or outside the corporate limits of said city, the City of Albany is hereby authorized and empowered to exercise the power of eminent domain by condemning and taking for any authorized public use, upon paying adequate compensation therefor as required by law, lands or other private property of any kind whatsoever, real or personal, tangible or intangible, within or outside the corporate limits of said city, which authority shall specifically include, but without limitation, the right to take and condemn property or any interest therein for public use as part of or in connection with the water, gas or electrical distribution systems of said city, or other public utility plants or facilities which the city may now or hereafter be authorized by its charter to own and operate, notwithstanding the fact that the property to be taken may already be owned by a public utility corporation and devoted by it to a public use, including the same or a similar use as the use for which the city proposes to take such property; provided, however, that the power of the city to condemn property owned by a public utility and already devoted to the same public use for which the city desires to take the property, shall be limited to property located within the limits of the city at the time of such condemnation; and provided further that the city shall in no case have authority to condemn public utility property outside of Dougherty County. Power of eminent domain. In condemning any property, the city may proceed in in manner now or hereafter provided by the law of this State for condemnation of private property by municipal corporations, including but not limited to the procedure provided by the Act of March 13, 1957 (Ga. L. 1957, p. 387). Page 2429 Section 2. The provisions of section 1 of this Act are hereby declared to be separable, and if any such provision is held invalid or unconstitutional, the other provisions shall not be affected thereby; and if the application of any provision to any person, firm or corporation is held invalid or unconstitutional, the application of such provision to other persons, firms or corporation shall not be affected thereby. Separability. Section 3. A copy of the 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 Act. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for legislation in the next session of the General Assembly of Georgia, commencing in January, 1958, for the purpose of amending the Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, by amending section 32 of said charter so as to enlarge the powers of eminent domain possessed by said city, to authorize the condemnation to certain public utility property under certain circumstances, and for other purposes. This 16th day of December, 1957. A. W. Holloway, Representative. George D. Busbee, Representative. Asa D. Kelley, Jr., Senator. Dec. 20, 27, 1957, Jan. 3, 1958. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Page 2430 Busbee and A. W. Holloway, who, on oath, depose and say that they are the representatives from Dougherty County, and that the attached copy of notice of intention to introduce local legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: Dec. 20, 27, 1957, January 3, 1958. /s/ George D. Busbee, /s/ A. W. Holloway, Representatives, Dougherty County. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Janette Hirsch, Notary Public. (Seal). Approved March 17, 1958. CITY OF ALBANYCHARTER AMENDED. No. 127 (House Bill No. 947). 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 5, 1951 (Ga. L. 1951, p. 2252), by amending section 34, paragraph (13) of said charter so as to authorize the City of Albany to extend its electrical distribution system without and beyond the corporate limits of the City of Albany; to enlarge its powers in the operation of public utilities; 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, that: Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. Page 2431 370), as amended, is hereby further amended by adding to section 34, paragraph (13), as said paragraph (13) was previously amended by an Act approved February 5, 1951, (Ga. L. 1951, 2252) the following: The City of Albany is further authorized and empowered to extend its electrical distribution system, and all necessary appurtenances by which electricity is distributed, without and beyond the corporate limits of the City of Albany, but not outside of Dougherty County, and to provide service to persons, firms and corporations outside said corporate limits under such provisions as the board of water, gas and light commissioners may prescribe; to purchase such rights of way and easements as are necessary for the aforesaid purpose, or condemn such rights of way or easements under the provisions of section 32 of the charter of the City of Albany as it now exists or is hereafter amended; to classify rates to be charged in such area beyond the city limits; and to make such contracts, agreements and arrangements as it deems necessary or desirable for the aforesaid purpose. Electrical distribution system. Section 2. The provisions of section 1 of this Act are hereby declared to be separable, and if any such provision is held invalid or unconstitutional, the other provisions shall not be affected thereby; and if the application of any provision to any person, firm or corporation is held invalid or unconstitutional, the application of such provision to other persons, firms or corporations shall not be affected thereby. Separability. Section 3. A copy of the 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 Act. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation in the next session of the General Assembly of Georgia, commencing in January, 1958, for the purpose of amending the Act creating a new charter for the Page 2432 City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, particularly as amended by an Act approved February 5, 1951 (Ga. L. 1951, p. 2252), by amending section 34, paragraph (13) of said charter so as to authorize the City of Albany to extend its electrical distribution system without and beyond the corporate limits of the City of Albany; to enlarge its powers in the operation of public utilities; and for other purposes. This 16th day of December, 1957. A. W. Holloway, Representative. George D. Busbee, Representative. Asa D. Kelley, Jr., Senator. Dec. 20, 27, 1957, Jan. 3, 1958. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee and A. W. Holloway, who, on oath, depose and say that they are the Representatives from Dougherty County, and that the attached copy of notice of intention to introduce local legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: Dec. 20, 27, 1957, Jan. 3, 1958. /s/ George D. Busbee, /s/ A. W. Holloway, Representatives, Dougherty County. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My commission expires October 4, 1960. Approved March 17, 1958. Page 2433 CITY OF SAVANNAHCHARTER AMENDED. No. 128 (House Bill No. 1099). An Act to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, particularly with respect to certain streets of said city, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that whereas, for the development of the City of Savannah it is deemed best to change the present plan of certain streets of the city, therefore: Section 1. Be it enacted by the General Assembly of the State of Georgia, as aforesaid, that the mayor and aldermen of the City of Savannah, from and after the passage of this Act, shall have the power and authority to close, abandon, and convey to the adjoining property owners for a consideration and upon such terms and conditions as it deems proper, all of Philpot Street, as shown on the present map or plan of Savannah and that portion of Dixon Street as now laid out between the eastern side of the Springfield Canal and the western side of West Boundary Street, as shown on the present map or plan of the City of Savannah, said part of Dixon Street and all of Philpot Street being absolete and no longer serving the purpose for which they were originally laid out. Authority to abandon street. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. There is hereto attached and made a part hereof, a copy of the notice of intention to apply for enactment hereof, with the affidavit of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said affidavit showing that said notice was published once a week for three weeks during a period of sixty (60) days immediately preceding the introduction of the bill providing for this Act into the General Assembly of Georgia. Page 2434 State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Alvah H. Chapman, Jr., who on oath deposes and says that he is president and publisher of the Savannah News-Press, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Savannah News-Press, 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 Notices. Notice of Intention to Apply for Legislation. State of Georgia, County of Chatham: Notice is hereby given of intention to apply to the General Assembly of the State of Georgia at the January, 1958, session for the passage of local legislation authorizing the mayor and aldermen of the City of Savannah to close and sell to the adjoining property owners all of Philpot Street, as shown on a map or plan of Savannah, and that portion of Dixon Street lying between W. Boundary Street and the Springfield Canal, as shown on a map or plan of Savannah, and for other purposes. Chatham Steel Corporation, Savannah Atlanta Railway Company. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of Jan. 14, 21, 28, 1958. /s/ Alvah H. Chapman, Jr. Sworn to and subscribed before me, this 10th day of February, 1958. /s/ Viola F. Schwaab, Notary Public, Chatham County, Georgia. (Seal). Approved March 17, 1958. Page 2435 FORSYTH COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 129 (Senate Bill No. 309). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Forsyth County, Georgia, approved August 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 compensation of the members of the board of commissioners of roads and revenues; 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 Revenues for Forsyth County, Georgia, approved August 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 therefrom section 6, in its entirety, and by substituting in lieu thereof a new section 6 to read: Section 6. The compensation of the chairman of said board of commissioners of roads and revenues shall be thirty-six hundred dollars ($3,600.00), per annum, payable monthly out of county funds. The compensation of the other members of the board shall be twelve hundred dollars ($1,200.00) per annum, plus ten dollars ($10.00) per diem for each day in excess of ten days spent each month in attendance of meetings of the board or in actual service. Said compensation shall be payable monthly out of county funds. Section 2. This Act shall become effective April 1, 1958. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2436 Enrolled copy has affidavit, or advertisement, or both attached thereto. Approved March 17, 1958. STEWART COUNTYDEPUTY COMMISSIONER OF ROADS AND REVENUES. No. 131 (House Bill No. 1037). An Act to amend an Act abolishing the office of county treasurer of Stewart County, and providing for one or more depositories for fund of said county, approved August 20, 1927 (Ga. L. 1927, p. 666), as amended, so as to provide the deputy commissioner of roads and revenue of Stewart County with the same authority as commissioner of roads and revenue insofar as county funds and county depositories when said deputy is acting in his stead; 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 county treasurer of Stewart County, and providing for one or more depositories for funds of said county, approved August 20, 1927 (Ga. L. 1927, p. 666), as amended, is hereby amended by adding a new section to be numbered section 10-A and to read: Section 10-A. The deputy commissioner of Stewart County is hereby vested with all the authority conferred upon the commissioner of roads and revenues, in the handling, depositing or withdrawing of funds from any depository of said county when said deputy commissioner is acting in the stead of the commissioner. The deputy commissioner when so acting, shall also have all other authority granted to the commissioner under this Act insofar as the depositories of the county and the funds contained therein. Authority. Page 2437 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 1958 session of the General Assembly of Georgia, a bill to vest the deputy commissioner of roads and revenues of Stewart County with the same authority as the commissioner of roads and revenues insofar as county funds and county depositories; to repeal conflicting laws; and for other purposes. This the 20th day of January, 1958. /s/ Sam Singer, Representative, Stewart County. Jan. 25, 1958. This is to certify that the above advertisement has been published in The Stewart/Webster Journal, as per attached clipping, in its issue of January 23, 1958, and will be published in succeeding issues of the paper on dates January 30, Feb. 7, and Feb. 14, 1958, respectively. /s/ John M. Anglin, John M. Anglin, Mgr., Stewart/Webster Journal, Richland, Georgia. /s/ Witness, J. Lucius Black. Approved March 17, 1958. CITY OF CANTONCORPORATE LIMITS. No. 132 (House Bill No. 996). An Act to amend an Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, so as to increase the corporate limits of Page 2438 said city; to provide for the rights of the residents of the area to be annexed to said city; to provide for a referendum; to provide when this Act shall become effective; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended by striking section 2 thereof in its entirety and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. Be it further enacted that the corporate limits of said City of Canton shall be one and one-half (1 1/2) miles in every direction from the center of the public square in front of the Cherokee County court house and all of lots of land Nos. 127, 128, 129, 161, 163 and 164, 14th district, 2nd section, Cherokee County, Georgia. Any use of land or any business or occupation which was lawful in the above described area on March 1, 1958, shall continue to be lawful and no ordinance, rule or regulation of the City of Canton now in effect or which shall be passed or adopted shall make any such use of land or any such business or occupation unlawful. Section 2. Not less than ten (10) and not more than sixty (60) days after this Act is approved by the Governor, or otherwise becomes a law, it shall be the duty of the Ordinary of Cherokee County to issue the call for an election for the purpose of submitting this Act to the voters of the area of Cherokee County proposed to be annexed to the City of Canton by this Act. To be eligible to vote in the election, a person must be a resident in the area proposed to be annexed and qualified to vote for county officers. The ordinary shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of Cherokee County. The ordinary shall set the date of the election for the same day Page 2439 as an election to be held in the City of Canton to determine whether a ward system will be established in said city. The ballot for the election called by the Ordinary of Cherokee County shall have printed thereon the words: Referendum. For approval of the Act extending the corporate limits of the City of Canton. Against approval of the Act extending the corporate limits of the City of Canton. 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, and the voters of the City of Canton shall have approved a ward system for said city, then this Act shall become of full force and effect, and the area proposed to be annexed to the City of Canton shall be so annexed as of January 1, 1959. If less than a majority of the votes cast are for approval of the Act, or if the voters of the City of Canton shall not approve a ward system for said city, then this Act shall be null and void and of no effect whatsoever. The entire expense of such election, including the expenses of any survey that may be necessary to determine the limits of the area proposed to be annexed, shall be borne by the City of Canton. It shall be the duty of the Ordinary of Cherokee County to keep an accurate account of all expenditures toward the holding of such election and present such account to the Mayor of Canton for payment immediately following the election. It shall be the duty of the ordinary to hold and conduct the election and certify the results of such election to the Secretary of State and to the Mayor of the City of Canton. Section 3. If this Act becomes effective as provided in section 2 hereof, then the area proposed to be annexed to the City of Canton shall become a part of said city on January 1, 1959. However, all persons resident in the area to be annexed to said city shall be eligible to Page 2440 register and vote in any election held in the City of Canton after December 1, 1958, and shall be eligible to hold any office of the City of Canton for any term beginning on or after January 1, 1959, notwithstanding that such persons may not have been residents of said city for the length of time prescribed by law to be able to so register, vote and hold office. Provided, however, that such persons shall be otherwise qualified to so register, vote and hold office. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to change the city limits of Canton, Georgia; and for other purposes. This 8th day of January, 1958. 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 9, 16, and 22, 1958. /s/ Carl Barrett, Representative, Cherokee County. Page 2441 Sworn to and subscribed before me, this 4th day of Feb., 1958. /s/ John Tye Ferguson, Notary Public. My Commission Expires Oct. 10, 1961. (Seal) Approved March 17, 1958. CITY OF MOULTRIECORPORATE LIMITS. No. 133 (House Bill No. 1103). 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 certain portions of this Act 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 repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act entitled An Act to create and establish a new charter for the City of Moultrie; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper of said city; and to confer extraterritorial jurisdiction upon said city with certain adjacent territory; to confer power upon said city to pass ordinances and regulations for the zoning of said city; to provide that no valid or existing ordinances, rule or regulation of the former corporation nor any contract made or right acquired under the same shall be affected by this Act; and for other purposes, approved March 3, 1943, and published in Georgia Laws, 1943, pages 1458 through 1499 inclusive, and the several Page 2442 Acts amendatory thereof be and the same are hereby amended as follows: Section 1. That the corporate limits of the City of Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at the northwest corner of the present corporate limits of the City of Moultrie as defined in Georgia Laws, 1956, and run north in line with the present west corporate limits 1850 feet, thence run east parallel with the north corporate limit line of the City of Moultrie 4900 feet to a point on the east margin of the right-of-way of the Moultrie-Albany State Highway No. 133, thence run in a southeasterly direction along the east margin of the Moultrie-Albany State Highway No. 133 2200 feet to the present north corporate limit line of the City of Moultrie, thence run west along the present north corporate limit line of the City of Moultrie 6200 feet to the point of beginning. Corporate limits. Section 2. That the corporate limits of the City of Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at the intersection of east margin of North Main Street and the present north corporate limit line of the City of Moultrie, thence run east along the present north corporate limit line of the City of Moultrie 610 feet, thence run north perpendicular to the present north corporate limit line of the City of Moultrie 2960 feet, thence run west parallel with the present north corporate limit line of the City of Moultrie to the east margin of the extension of North Main Street, which is the east margin of the old Moultrie-Sylvester State Highway, thence run in a southeasterly direction along the east margin of the old Moultrie-Sylvester State Highway to the point of beginning. Same. Section 3. That the corporate limits of the City of Page 2443 Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at the intersection of the south margin of the Moultrie-Adel State Highway with the present east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, thence run east along the south margin of the Moultrie-Adel State Highway to the east margin of Clay Street, thence run in a southerly direction along the east margin of Clay Street to the north margin of Hutchinson Drive, thence run in a southeasterly direction along the north margin of Hutchinson Drive to the east margin of Roland Drive, thence run north along the east margin of Roland Drive to the intersection of the south margin of the Moultrie-Adel State Highway and the south margin of a county road intersecting therewith, thence run in a southeasterly direction along the south margin of said county road to the east original lot line of land lot No. 261 in the 8th land district of Colquitt County, Georgia, thence run southwest 181.7 feet, thence run south 82.4 feet, thence run east 150 feet to the east original lot line of land lot No. 261 in the 8th land district of Colquitt County, Georgia, thence run south along the east original lot line of land lot No. 261 to the north margin of the right-of-way of the Atlantic Coast Line Railroad, thence run west along the north margin of the right-of-way of the Atlantic Coast Line Railroad 599.5 feet, thence run north 450 feet, thence run west 560 feet to the west margin of Roland Drive, thence run in a southerly direction along the west margin of Roland Drive to the south margin of Industrial Drive, thence run in a westerly direction along the south margin of Industrial Drive extended to a point 150 feet west of the west margin of Clay Street, thence run in a southwesterly direction perpendicular to the south margin of Industrial Drive to the north margin of the right-of-way of the Atlantic Coast Line Railroad, thence run west along the north margin of the right-of-way of the Atlantic Coast Line Railroad to the present east corporate limit line of the City of Moultrie, thence run north along the present Page 2444 east corporate limit line of the City of Moultrie to the point of beginning. Same. Section 4. That the corporate limits of the City of Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at a point on the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, which point is 190 feet south of the south margin of Fifth Avenue Southeast, thence run east to the east margin of Twelfth Street Southeast, thence run north along the east margin of Twelfth Street Southeast to the north margin of Fifth Avenue Southeast, thence run east along the north margin of Fifth Avenue Southeast to the run of Okapilco Creek, thence run in a northwesterly direction along the run of Okapilco Creek to the north original lot line of land lot No. 292 in the 8th land district of Colquitt County, Georgia, thence run west along said original lot line to the present east corporate limit line of the City of Moultrie, thence run south along the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, to the point of beginning. Same. Section 5. That the corporate limits of the City of Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at the intersection of the south margin of East Boulevard with the present east corporate limit line of the City of Moultrie, thence run east along the south margin of East Boulevard 1090 feet, thence run south 580 feet to the south original lot line of land lot 292 in the 8th land district of Colquitt County, Georgia, thence run east along said original lot line 280 feet, thence run north 1395 feet, thence run west to the east margin of Fourteenth Street Southeast, thence run north along the east margin of Fourteenth Street Southeast to the north margin of Seventh Avenue Southeast, thence run west along the north margin of Seventh Avenue Page 2445 Southeast to the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, thence run south along the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, to the point of beginning. Same. Section 6. That the corporate limits of the City of Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at the northeast corner of the present corporate limits of the City of Moultrie as defined in Georgia Laws, 1943, and run east in line with the present north corporate limits to the east original lot line of land lot No. 261 in the 8th land district of Colquitt County, Georgia, thence run south along said east original lot line to the north margin of the Atlantic Coast Line Railroad right-of-way, thence run west perpendicular to the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, to said east corporate limit line, thence run north along the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943 to the point of beginning; except the area described in section 3 above. Same. Section 7. That the corporate limits of the City of Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at the intersection of the north margin of First Avenue Southeast and the present east corporate limit line of the City of Moultrie, thence run east perpendicular to the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943 a distance of 10,575 feet, thence run south parallel with the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, 4530 feet, thence run west perpendicular to the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943 10,575 feet to the present east corporate limit line of the City of Moultrie, Page 2446 thence run north along the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943 to the point of beginning; except the area described in sections 4 and 5 above. Same. Section 8. 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: A strip of land 1500 feet wide, bounded on the north by a line parallel to and 1000 feet from the center line of the Moultrie-Camilla Highway, on the east by the present west corporate limit line of the City of Moultrie, on the south by a line parallel to and 500 feet from the center line of the Moultrie-Camilla Highway, and on the west by a line parallel to the present west corporate limit line of the City of Moultrie and 4254 feet west of said west corporate limit line measured along the center line of said highway. Same. Section 9. The several areas described in sections 3, 4, and 5 of this Act shall become a part of the City of Moultrie upon the passage of this Act. The several areas described in sections 1 and 2 of this Act shall become a part of the City of Moultrie at midnight April 2, 1958. Effective date. Section 10. It shall be the duty of the Ordinary of Colquitt County to call a referendum election before September 1, 1958 in each area described in sections 6, 7, and 8 of this Act to determine whether the qualified voters who own real estate or reside in each of said three described areas favor annexation of said area. Referendum. Section 11. Notice of each election shall be published once a week for four weeks within sixty (60) days of the date set for the election in the daily newspaper in which sheriff's advertisements for Colquitt County appear. The notice shall set forth the date of the election, the location of the polling places, the hours for voting, and a brief statement of the issues to be determined by Page 2447 the election. A detailed description of the areas proposed to be annexed need not be set forth in said notice, but a certified copy of this Act shall be kept on file in the office of the ordinary and in the office of the clerk of the City of Moultrie and shall be subject to inspection by the public during regular office hours, for a period of sixty (60) days prior to the date of the election. Same. Section 12. The ordinary shall provide as many polling places in each described area as shall be required to handle the voting. She shall appoint three (3) managers to supervise the election in each area, and shall employ such other personnel as shall be required. The managers shall be sworn by the ordinary or any notary public to faithfully manage said election. Voting booths shall be used at each polling place and the laws and regulations applicable to general elections, where not in conflict with the specific provisions of this Act, shall apply to said election. Same, polling places. Section 13. The general form of the ballot shall be in accordance with, as nearly as practicable, the provisions of section 34-1914, Georgia Code Annotated, 1933. The ballots shall show the purpose of the election by brief reference to this Act and those ballots for the use of the qualified voters owning real estate in or residing in the area described in section 6 hereof shall have printed thereon the words For annexation, East Moultrie Area, Against annexation, East Moultrie Area. Those ballots for the use of the qualified voters owning real estate in or residing in the area described in section 7 thereof shall have printed thereon the words For annexation, Kingwood Gardens Area, Against annexation, Kingwood Gardens Area. Those ballots for the use of the qualified voters owning real estate in or residing in the area described in section 8 hereof shall have printed thereon the words For annexation, West Moultrie Area, Against annexation, West Moultrie Area. Same, ballot. The voters owning real estate in or residing in each area favoring annexation shall erase, mark out or cancel the words Against annexation, and the named area. Page 2448 The voters owing real estate in or residing in each area opposing annexation shall erase, mark out or cancel the words For annexation and the named area. As nearly as practicable the voting shall be conducted in accordance with the provisions of the Act of the General Assembly of Georgia approved March 20, 1943 and published in Georgia Laws, 1943, pages 290-291. Section 14. Only persons who are qualified to vote in Colquitt County for members of the General Assembly of Georgia and have been so qualified for 30 days next preceding the day of the election and who have owned real estate or have resided continuously in the area in which they intend to vote for at least thirty (30) days next preceding the day of the election shall be qualified to vote in the referendum to be held in said areas; and such qualified voters shall be entitled to vote only the ballot prepared in accordance with section 15 hereof for use by the qualified voters in the area of their residence or in the area in which they own real estate. The registrars of Colquitt County shall prepare voters lists for each of the areas in which the referendum election is to be held of the persons qualified to vote in each area insofar as can be determined at the time the lists are prepared. The lists of qualified voters in the areas in which a referendum election is to be held shall be certified to the ordinary. No person whose name does not appear upon the list of the voters in the area involved shall be permitted to vote, unless such person shall first subscribe an oath that he has owned real estate or has resided within the area in which he desires to vote for thirty (30) days next preceding the date of said election and that he was qualified to vote in Colquitt County for members of the General Assembly of Georgia thirty (30) days before the date of the election. Voters. Section 15. In cases of the challenge of any voter, any one or more of the managers shall, or upon his own motion may, require any voter to subscribe to an oath that he has owned real estate or has resided within the area in which he desires to vote for thirty (30) days next preceding Page 2449 the date of said election and that he was qualified to vote in Colquitt County for members of the General Assembly of Georgia thirty (30) days before the date of said election. Same. Section 16. Any one or more of the managers are hereby empowered to administer oaths to any voter required to subscribe to an oath under the provisions of this Act. Same. Section 17. Any person who shall swear falsely that he is qualified to vote in said election, or who shall vote in said election without the proper qualifications prescribed in this Act, or who shall cast more than one ballot, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as prescribed in section 27-2506 of the Code of Georgia of 1933. Same. Section 18. The polls shall be open during the hours between 7:30 o'clock a.m. and 6:00 p.m. in accordance with the time in effect in the City of Moultrie on the day of the election. Immediately upon the closing of the polls the managers shall count the ballots cast at the election and shall deliver to the ordinary the sealed ballot boxes, ballots, tally sheets, and lists of voters. At or before noon of the day following each election, the managers shall certify the results of the election called by the ordinary to the ordinary. As soon as practicable thereafter, the ordinary shall declare the results of the election in writing to the City of Moultrie and the mayor and council shall spread on their minutes the results of the various elections and the clerk of the City of Moultrie shall certify to the Secretary of State of Georgia the results of said election. Same, results, hours of holding election. Section 19. In the event a majority of the votes cast in said election by the qualified voters of the area described in section 6 hereof shall favor annexation of said area, such area 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 1st day of September, 1958. Effective date. Page 2450 Section 20. In the event a majority of the votes cast in said election by the qualified voters of the area described in section 7 hereof shall favor annexation of said area, such area 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 1st day of September, 1959. Same. Section 21. In the event a majority of the votes cast in said election by the qualified voters of the area described in section 8 hereof shall favor annexation of said area, such area 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 1st day of September, 1959. Same. Section 22. The ordinary shall certify to the City of Moultrie an itemized statement of the entire cost of the election called by the ordinary which shall be paid by the city. Costs of holding election. Section 23. 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 session of the General Assembly of Georgia which convenes in January, 1958 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 the Acts amendatory thereof, to provide for an extension of the limits of said City of Moultrie and for other purposes. January 17, 1958. Georgia, Colquitt County. Before me the undersigned officer duly authorized by law to administer oaths, personally appeared Frances Allen Nussbaum, who, first being duly sworn on oath, Page 2451 deposes and says that she is the publisher of the Weekly Moultrie Observer, a newspaper published in the City of Moultrie, Colquitt County, Georgia, the same having general circulation in said city and county and being the official organ of said county in which the sheriff's advertisements for said county are published and that the above and foregoing notice of intention to apply for local legislation at the present session of the General Assembly of Georgia is a true and correct copy of the notice which was published in said newspaper in the issues of January 3, January 10, and January 17, 1958. /s/ Frances A. Nussbaum. Sworn to and subscribed before me, this 9th day of February, 1958. /s/ Harry A. Sibley, Notary Public, Colquitt County, Georgia. Approved March 17, 1958. PENSION ACT APPLYING TO CERTAIN CITIES AMENDED. No. 134 (House Bill No. 1016). 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 other purposes, so as to provide for a refund of contributions by officers and employees made for months for which no pension credit accrues, upon being compelled to retire; 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 Page 2452 same that the Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.), to provide 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 all officers and employees of such cities, and for other purposes, as amended, be and the same is further amended as follows: Where applicable. Section 1. That section 6 of the 1947 amendment (Ga. L. 1947, p. 1638) to the act described in the caption hereof (Ga. L. 1927, pp. 265 et seq.), be and the same is hereby amended by changing the period at the end of the second sentence thereof to a semicolon, and by adding to said second sentence the following language: and any officer or employee who shall be compelled to retire because of age or disability shall be entitled to receive a refund of all amounts deducted from his salary for pension purposes for any months for which he cannot receive credit on his pension. so that said section 6 of the said 1947 amendment to said act, as amended, shall read as follows: Refund of contributions in certain cases. All officers and employees who shall have reached their 70th birthday shall be compelled to retire at the end of the calendar year immediately following their 70th birthday, and any officer or employee who shall have reached his 65th birthday shall have the right to retire and shall be entitled to a pro rata pension when so retiring, whether he has served 25 years or not, which benefits shall be continued to his widow if she is otherwise entitled to a pension. For example, if such officer or employee has served 10 years, he shall be entitled to 10/25ths of the pension that he would be entitled to had he served 25 years. Fractional parts of years shall not be counted; and any officer or employee who shall be compelled to retire because of age or disability shall be entitled to receive a refund of all amounts deducted from his salary for pension purposes for any months for which he cannot receive credit on his pension. Provided, however, that any officer who is elected for a term prior to his 70th birthday or any officer who was elected prior to the enactment of this Act, shall have the privilege Page 2453 of completing his term of office before he shall be compelled to retire. Provided, further, that the board of education shall be authorized to require employees of the school department to retire upon reaching 65 years of age and that the mayor and board of aldermen shall have like powers with respect to other employees covered by this Act. No officer elected by the people shall be compelled to retire. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 17, 1958. CITY OF COLLEGE PARKCHARTER AMENDED No. 135 (House Bill No. 1024). 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, etc., to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes and the several acts amendatory thereto, 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), Page 2454 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 a common boundary corner between the City of East Point and the City of College Park, (land lot 163, of the 14th district of Fulton County, Georgia), said point being on a continuation line of the center line of West Vesta Avenue, said point being twenty-five (25) feet south of and one hundred forty-five (145) feet west of an iron pin marking the intersection of the north side of English Lane (or West Vesta Avenue) and the west side of La Rose Street; thence running westwardly along the projected center line of said west Vesta Avenue five hundred ten (510) feet, more or less to a point on the southeast boundary of lot 2, block B of Pinebrook Acres subdivision, thirty-two and four tenths (32.4) feet northeast of the southeast corner of said lot 2; thence northeastwardly, three hundred thirty-two and nine-tenths (332.9) feet, to an iron pin; thence south 59 degrees 30 minutes east, a distance of sixty (60) feet; thence southwardly, a distance of sixty seven and one tenth (67.1) feet, to an iron pin; thence eastwardly a distance of two hundred fifty-eight (258) feet, to an iron pin; thence southwardly, one hundred sixty five (165) feet, more or less, to the point of beginning. Corporate limits. Section 2. The jurisdiction of the mayor and council 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 One of this Act. The power and authority of the officers of said municipality Page 2455 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 businesses; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of section 1 of this Act. Said new territory is likewise made subject to all the bonds heretofore issued by mayor and council of the City of College Park, and is bound for the payment of bonds generally with the former territory of said municipality. Corporate limits. Section 3. The mayor and council of said City of College Park are 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 re-adjusting said territory to and with the rest of said city. Wards. Section 4. Not less than fifteen nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Mayor and Council of the City of College Park to issue the call for an election for the purpose of submitting this Act to the property owners and/or voters of the within proposed territory to be annexed to the City of College Park for approval or rejection. The date of the election shall be set for a day not less than thirty days nor more than sixty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of College Park. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for Page 2456 rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of College Park. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvass the returns and declare and certify the results of the election, and certify the results to the Secretary of State. Section 5. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia 1945, and there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. 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, 24, 31 days of December, 1957, and on the 8, 15, 22 days of January 1958 as provided by law. /s/ Frank Kempton. Page 2457 Subscribed and sworn to before me, this 24th day of January, 1958. /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 College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Georgia. Dec 18 25 Jan 1 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, Page 2458 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 the publication of which the annexed is a true copy, was published in said paper on the 26th day of December, 1957, and once each week thereafter for 4 weeks as provided by law. /s/ Jack Troy. Subscribed and sworn to before me, this 23rd day of January, 1958. /s/ T. F. Nicholson, My Commission Expires Oct. 24, 1958. Notary Public, Clayton County, Georgia. 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 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Georgia. Approved March 17, 1958. Page 2459 SAVANNAH DISTRICT AUTHORITY ACT AMENDED. No. 136 (House Bill No. 854). An Act amending and revising the charter of the Savannah District Authority; confirming the powers heretofore granted said authority and granting and authorizing additional powers; conferring powers and imposing duties on said Authority; authorizing the issuance of revenue anticipation bonds and certificates of the Authority and fixing the types thereof and the security therefor; providing for the validation thereof; providing that neither the members of said Authority nor any person executing the same shall be personally liable thereon; providing that the same shall not be a debt of the City of Savannah, the County of Chatham, nor of the State of Georgia; providing that the same shall be exempt from taxation; providing for the authorization, the series, the maturity, and the interest rates thereof; prescribing the procedure to enforce the rights of the holders thereof; providing that the Authority may hypothecate or mortgage its properties; fixing the lien status of the special funds of the Authority; making the bonds and certificates of the Authority legal investments; fixing the venue or jurisdiction of actions relating to any provisions of this Act and the time within which such action must be brought; providing for the separate enactment of each provision of this Act; and repealing all laws or parts of 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, that that certain Act of said General Assembly approved and adopted on February 19, 1951, as set forth in Georgia Laws, 1951, pages 190-197, and as subsequently amended, be and the same is hereby amended as follows: Section 1. By striking the paragraph numbered 10 of section 9 of said Act of 1951 known as the Savannah Page 2460 District Authority Act in its entirety and by substituting in lieu thereof the following language, to-wit: 10. Revenue Anticipation Certificates. (a) Same; issuance; types; security. Said Authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue anticipation certificates, for the purpose of paying all or any part of the cost of the acquisition, construction, alteration, repair, modernization and other charges incident thereto in connection with any of its facilities or projects, and to pay off or refinance any outstanding debt or obligation of any nature owed by said Authority, and shall likewise have power to issue refunding certificates. Said Authority may issue such types of certificates as may be determined by the members of said Authority, including certificates on which principal and interest are payable: (1) exclusively from incomes or revenues of the operation of the Authority financed with the proceeds of such certificates or together with such proceeds and grants from any instrumentality or other person or corporation in aid of such projects; (2) exclusively from income and revenues of certain designated projects; or (3) from revenues of the Authority generally. Any such certificates may be additionally secured by mortgage of the project or any part thereof constituting real or personal property of the Authority, except as prohibited by law. (b) Same; personal liability of members; not a debt of city, county, or State; exemption from taxation. Neither the members of the Authority nor any person executing certificates on behalf of the Authority shall be personally liable thereon by reason of the issuance thereof. The certificates and other obligations of the Authority shall not be, (and shall so state on the face thereof) a debt of the City of Savannah, the County of Chatham, or the State of Georgia. Certificates of the Authority are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all taxes. (c) Same; Validation. Certificates of the Authority Page 2461 shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended, and when validated the judgment of validation shall be final and conclusive with respect to such certificates and against the Authority issuing the same. In the event that any payments to be made by any city, town, municipality or county, under contract of lease, or other contract, entered into between said Authority and such political subdivision, are pledged to the security or payment of revenue certificates sought to be validated, said Authority, as an integral part of such validation proceedings, shall have the right of action, suit, countersuit or equitable bill against such contracting subdivision or subdivisions for a declaratory adjudication of the validity and binding effect of such contract, the actual controversy therein being whether or not such contract is in all respects valid and binding upon such subdivision or subdivisions. Such subdivision or subdivisions shall be made a party or parties to the action, and it shall be incumbent on such subdivision or subdivisions to defend against an adjudication of the validity of such contract or be forever bound. Notice of such proceedings shall be included in the notice of validation hearing required to be issued and published by the Clerk of the Superior Court in which such validation proceeding is pending. Any citizen resident in any subdivision which is a party to such contract may intervene in the validation proceedings at or before the time set for the validation hearing by order of the Superior Court and assert any ground of objection to the validity and binding effect of such contract on his own behalf and on behalf of the subdivision and all citizens, residents and property owners thereof. An adjudication as to the validity of such contract, unexpected to within the time provided for exceptions in the Revenue Certificate Act of 1937, as amended, shall be conclusive and binding upon such subdivision or subdivisions and the resident citizens and property owners thereof. (d) Same; authorization; series; maturity; interest. Certificates of the Authority shall be authorized by its Page 2462 resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide, and in case any of the members or officers of the Authority whose signatures appear on any certificates or coupons shall cease to be such members or officers before the delivery of such certificates, such signatures shall nevertheless be valid and sufficient for all purposes. (e) Same; procedure to enforce rights of holders; default; appointment of trustees. Obligations of the Authority evidenced by certificates and trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the Authority and the Authority may in such instruments provide for the pledging of all or any part of its gross or net fees, tolls, charges, revenues and incomes and mortgaging of all or any part of its real or personal property and covenant against pledging any or all of its income, revenues, tolls, charges, or fees and to further provide for the disposition of proceeds realized from the sale of any certificates and for the replacement of lost, destroyed or mutilated certificates and necessary provisions as to payment and redemption of such certificates. Undertakings of the Authority may likewise prescribe the procedure by which certificate holders may enforce rights against the Authority and provide for such rights upon breach of any covenant, condition or obligation of the Authority. Trust indentures, mortgages or deeds to secure debt executed by the Authority may provide that, in the event of default by the Authority in the payment of principal and interest on certificates or obligations or breach of any covenant, a trustee or trustees appointed under the terms of the indenture, mortgage or deed to secure debt, which shall Page 2463 be a bank or trust company authorized to exercise trust powers, may take possession and use, operate and manage any project mortgaged as security for the repayment of any indebtedness of the Authority and provide the terms and conditions upon which the trustee or trustees or holders of certificates may enforce any right relating to such certificates. Such trust indentures, mortgages and deeds to secure debt may contain such provisions as may be deemed necessary or desirable by the Authority not inconsistent with law. (f) Same; Lien status of special funds. Obligations of the Authority other than certificates shall be payable from general funds of the Authority and shall at no time be a charge against any special fund allocated to the payment of certificates except upon payment of current annual maturities and reserves thereof. (g) Same; Legal investments. Notwithstanding any restrictions on investments contained in any laws of this State, the State and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, saving banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, monies or other funds belonging to them or within their control in any bonds or other obligations issued by the Authority pursuant to this Act, when such bonds or other obligations are secured by rentals or other monies to be paid by the United States of America or any department or agency thereof, and such bonds and other obligations shall be authorized security for all public deposits; it being the purpose of this section to authorize any persons, firms, corporations, associations, political subdivisions, bodies and officers, public or private, to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension and Page 2464 trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations: Provided, however, that nothing contained in this section shall be construed as relieving any person, firm or corporation from any duty of exercising reasonable care in selecting securities. Section 2. Act liberally construed. This Act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 3. Constitutional Construction and Legislative Intent. 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; and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof, to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. In so far as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Section 4. Alternative Method. The foregoing sections of this Act shall be deemed to be a grant of additional and alternative powers supplemental and additional to powers conferred upon said Authority by other laws. Section 5. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation, a copy of which is attached to said affidavit. State of Georgia, County of Fulton. Before me the undersigned Notary Public, personally appeared Frank C. Cheatham, Jr., Edgar P. Eyler, and Page 2465 Edward Brennan who upon being sworn depose and say 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 newspaper is the official organ of Chatham County, Georgia, on December 31, January 7, and January 14, 1958. /s/ Frank S. Cheatham, Jr. /s/ Edgar P. Eyler /s/ Edward T. Brennan. Sworn to and subscribed before me, this 29th day of January, 1958. /s/ W. H. Key, Notary Public, Fulton County, Ga. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Alvah H. Chapman, Jr., who on oath deposes and says that he is president of the Savannah News-Press, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Savannah News-Press, 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 is hereby given that application will be made to the 1958 session of the General Assembly of the State of Georgia for the passage of the following bill to-wit: An Act amending and revising the charter of the Savannah District Authority; confirming the powers heretofore granted said authority and granting and authorizing additional powers; conferring powers and imposing duties on said Authority; authorizing the issuance of revenue anticipation bonds and certificates of the Authority and fixing the types thereof and the security therefor; providing Page 2466 for the validation thereof; providing that neither the members of said Authority nor any person executing the same shall be personally liable thereon; providing that the same shall not be a debt of the City of Savannah, the County of Chatham, nor of the State of Georgia; providing that the same shall be exempt from taxation; providing for the authorization, the series, the maturity, and the interest rates thereof; prescribing the procedure to enforce the rights of the holders thereof; providing that the Authority may hypothecate or mortgage its properties fixing the lien status of the special funds of the Authority; making the bonds and certificates of the Authority legal investments; fixing the venue or jurisdiction of actions relating to any provisions of this Act and the time within which such action must be brought; providing for the separate enactment of each provision of this Act; and repealing all laws or parts of laws in conflict with the provisions of this Act, and for other purposes. L. C. McClurkin, Chairman, This 31st day of December, 1957. Savannah District Authority. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 31, January 7 and 14, 1958. /s/ Alvah H. Chapman. Sworn to and subscribed before me, this 23 day of January, 1958. /s/ Viola F. Schwaab, Notary Public, Chatham County, Ga. (Seal). Approved March 17, 1958. Page 2467 CHEROKEE COUNTYNOTICE OF INTENTION TO CONSTRUCT CERTAIN BUILDINGS TO BE FILED WITH TAX COMMISSIONER. No. 137 (House Bill No. 993). An Act to amend an Act creating the office of tax commissioner of Cherokee County, approved July 24, 1929 (Ga. L. 1929, p. 564), by providing that certain buildings shall be registered with said tax commissioner prior to the construction thereof; 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 Cherokee County, approved July 24, 1929 (Ga. L. 1929, p. 564) is amended by inserting following section 2 thereof a new section to be known as section 2(A) which shall read as follows: Section 2(A). Prior to the construction of any new building or buildings in Cherokee County, Georgia, which shall have a value in excess of one thousand ($1,000.00) dollars, the person or persons constructing or responsible for the construction of such buildings shall file with the tax commissioner of Cherokee County a certified statement of the completion of such building or buildings. The purpose of this section is to enable the tax commissioner of said county to ascertain the true value of new buildings in said 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 1958 session of the General Assembly of Georgia, a bill to require the registration of certain buildings with the tax commissioner of Cherokee County; and for other purposes. Page 2468 This 15th day of January, 1958. 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: Jan. 16, 23 and 30, 1958. /s/ Carl Barrett, Representative, Cherokee County. Sworn to and subscribed before me, this 4th day of Feb., 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My commission expires Oct. 10, 1961. Approved March 17, 1958. TOWN OF VAN WERTCHARTER AMENDED. No. 138 (House Bill No. 1014). An Act to repeal an Act approved December 27, 1838, (Ga. L. 1838, pp. 75-76), incorporating the Town of Van Wert, Paulding County, now Polk County, Georgia, as amended by an Act approved October 18, 1870, (Ga. L. 1870, pp. 220-221), and as amended by an Act approved August 23, 1872, (Ga. L. 1872, p. 278), and as amended by an Act approved February 28, 1876, (Ga. L. 1876, pp. 171-172), and as amended by an Page 2469 Act approved March 27, 1941, (Ga. L. 1941, p. 1776), and to abolish the charter of said Town of Van Wert, and to provide for a referendum on this bill; to provide that the Justice of the Peace for the 1072 District, G. M., Polk County, Georgia, shall be the authority in charge of the Town of Van Wert for the purpose of calling the election in case there are no regularly elected, qualified, and acting officials; 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 approved December 27, 1838, (Ga. L. 1838, pp. 75-76), incorporating the Town of Van Wert in Paulding County, now in Polk County, Georgia, as amended by an Act approved October 18, 1870, (Ga. L. 1870, pp. 220-221), and as amended by an Act approved August 23, 1872, (Ga. L. 1872, p. 278), and as amended by an Act approved February 28, 1876, (Ga. L. 1876, pp. 171-172), and as amended by an Act approved March 27, 1941, (Ga. L. 1941, p. 1776), be and said Act incorporating the Town of Van Wert and all of the Acts amendatory thereof are hereby repealed in their entirety and the charter of the Town of Van Wert is hereby abolished and dissolved. Charter dissolved. Section 2. Upon the passage and approval of this Act, the officers or authority in charge of the Town of Van Wert are hereby directed to name a date for an election or referendum on this Act. Said election or referendum shall be held at such time as the officers of said town may direct, provided the same is held not more than thirty days from the date of the call of the election. The officers of said town shall give notice of the referendum by publishing the notice in the newspaper which is the legal organ of Polk County, Georgia. Said officers shall likewise cause to be prepared ballots to be used in said election, said ballots to have printed thereon the words, For repeal of present municipal Charter and Against repeal of present municipal Charter. All persons qualified Page 2470 to vote in said town shall be qualified voters to participate in said referendum. Should a majority of the voters cast their vote in favor of abolishing the charter of the Town of Van Wert, the officers of the said town shall consolidate the vote and declare the results of the election and enter the order declaring the results upon the minutes of said town, and this Act abolishing the charter of the Town of Van Wert shall become effective immediately and said charter shall be null and void. Should a majority of the qualified voters vote against the approval of this Act abolishing the charter of the Town of Van Wert, this act shall become void and of no force or effect. Referendum. Section 3. The Justice of the Peace for the 1072 District, G.M., Polk County, Georgia, shall be the authority in charge of the Town of Van Wert for the purpose of calling elections in case there are no regularly elected, qualified, and acting officials of said town. Section 4. All laws and parts of laws in conflict with this Act, be, and the same 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 publisher of the Cedartown Standard, which is the official organ of Polk County, Georgia, and that the attached advertisement of Charter of the Town of Van Wert was published in said paper on Jan. 17, 24, 31, 1958. /s/ J. W. Stuff, Publisher. Page 2471 Sworn to and subscribed before me, this 4th day of Feb., 1958. /s/ Mrs. Herbert DeArman, Notary Public. My commission expires Feb. 6, 1961. (Seal). Notice of Intention to Apply for Local Legislation. Georgia, Polk County. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia a local bill to repeal the charter of the town of Van Wert, to provide for the calling of an election for the submission to the qualified voters of said town the question of whether the said charter or not, to provide a definition of Qualified voters of the town of Van Wert, to provide that the justice of the peace for the 1072nd District G.M. shall town of Van Wert for the purpose of calling and supervising election in case there are no regularly elected, be the authority in charge of the qualified and acting commissioners of said town and for other purposes. 24-Jan. 17-24-31. Approved March 17, 1958. LONG COUNTYCOMPENSATION OF ORDINARY. No. 140 (House Bill No. 964). An Act to amend an Act supplementing the compensation of the Ordinary of Long County, approved February 12, 1951 (Ga. L. 1951, p. 2325), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2181), so as to change the compensation of said ordinary; to repeal conflicting laws; and for other purposes. Page 2472 Be it enacted by the General Assembly of Georgia: Section 1. An Act supplementing the compensation of the Ordinary of Long County, approved February 12, 1951 (Ga. L. 1951, p. 2325), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2181) is amended by striking from section 1 thereof the figures, $100.00, and inserting in lieu thereof the figures, $150, so that said section, as amended hereby, shall read as follows: Section 1. The governing authority of Long County is hereby authorized to supplement the fees of the Ordinary of Long County. The governing authority of Long County may at any time increase the supplement herein, up to a maximum of $150, or decrease the same to any amount by a majority vote at any regular meeting of the governing authority of Long County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Please be advised that the undersigned will apply at the ensuing session of the General Assembly of Georgia for the passage and approval of an Act to amend an Act providing Ordinary's Compensation of Long County, Georgia, (Ga. L. 1956, Vol. Two, pp. 2881-2), so as to provide more adequate compensation for the Ordinary of said Long County, Georgia, and for other purposes. This 23rd day of December, 1957. /s/ George W. Hendrix, Rep. (George W. Hendrix). Georgia, Long County. In person before the undersigned authority came Mary Williams Owen, who, being first duly sworn according to law, on oath says that she is the managing editor of Page 2473 The Ludowici News, a weekly newspaper published in Ludowici, Long County, Georgia; that said newspaper is the official organ in and for Long County, Georgia; that the above and foregoing notice was published in three consecutive issues of said The Lucowici News, January 10, 1958, January 17, 1958 and January 24, 1958. /s/ Mary Williams Owen. (Mary Williams Owen). Sworn to and subscribed before me, January 27, 1958. /s/ Nan H. Ellis, N. P. (Seal). Notary Public, Ga., state at large. My commission expires Jan. 31, 1961. Approved March 17, 1958. BALDWIN COUNTYCOUNTY POLICE. No. 141 (House Bill No. 979). An Act to amend an Act creating a board of county commissioners of roads and revenues for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, so as to prohibit the employment of county police by the county commissioners of Baldwin County except upon the recommendation of two successive grand juries; to authorize the appointment of deputy sheriffs in cases of emergency; 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 of roads and revenues for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, is hereby amended by adding a new section, to be numbered section 4-A and to read as follows: Page 2474 Section 4-A. Notwithstanding any other provision of the law to the contrary, the Board of County Commissioners of Roads and Revenues of Baldwin County shall be without power or authority to employ any county police for said county, and are hereby prohibited from employing such county police except upon the recommendation of two successive grand juries in said county. The board of commissioners are authorized, however, in cases of emergency to appoint such deputy sheriffs as they deem necessary and to prescribe their compensation. Any deputy sheriffs so appointed shall serve at the pleasure of the board but shall perform such duties as are prescribed by the Sheriff of Baldwin County and shall work under his exclusive supervision. Section 2. All laws and parts of laws in conflict with this Act are hereby repeal. Georgia, Baldwin County. Personally appeared before me the undersigned, Jere N. Moore editor and publisher of The Union Recorder, who under oath states that the notice of intention to introduce local legislation, of which a copy is attached below, ran in the Union Recorder, the legal organ of Baldwin County, on January 16, 1958; January 23, 1958; and January 30, 1958. /s/ Jere N. Moore. Jere N. Moore, Editor and Publisher. This 1st day of Feb., 1958. /s/ Jere M. Power, (Seal). Notary Public, Baldwin County, Georgia. My commission expires June 2, 1961. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Page 2475 Georgia, a bill to prohibit the employment of county police by the County Commissioners of Baldwin County and for other purposes. This 11th day of January, 1958. Culver Kidd, R. L. Griffith, Representatives, Baldwin County. 16-3tc. Approved March 17, 1958. COMPENSATION TO MRS. ETTEAN BROWN SULLIVAN. No. 24 (House Resolution No. 301-744e). A Resolution. To compensate Mrs. Ettean Brown Sullivan; and for other purposes. Whereas, on July 25, 1956, Mrs. Ettean Brown Sullivan was driving an automobile belonging to her father, Mr. Sim Brown, in a westerly direction along Oglethorpe Avenue in Albany, Dougherty County, Georgia; and Whereas, an employee of the State Highway Department, while engaged in the performance of his duties, was driving a highway department twenty-five (25) ton Lorain Crane in an easterly direction on Oglethorpe Avenue, which intersects with Monroe Street; and Whereas, said highway department employee ran a red light at the intersection of Oglethorpe Avenue and Monroe Street, just as Mrs. Ettean Brown Sullivan Page 2476 was attempting to make a left hand turn onto Monroe Street as the traffic control light was turning red; and Whereas, the highway department vehicle struck Mr. Sim Brown's 1947 Chevrolet four-door sedan automobile; and Where as, Mrs. Ettean Brown Sullivan was injured and as a result she has been forced to pay doctor bills in the amount of $12.50, drug bills in the amount of $23.34, bus fares in the amount of $17.50, taxi fare in the amount of $73.30, gasoline for a borrowed car $42.00, hospital bills $62.80, suffered loss of time from work in the amount of $16.00, and pain and suffering has amounted to $1,500.00, making a total of $1,747.44 of which amount $62.00 was covered by a hospitalization insurance policy; and Whereas, the aforesaid accident occurred through no fault whatsoever on the part of Mrs. Ettean Brown Sullivan, and it is only just and proper that Mrs. Ettean Brown Sullivan be compensated for the expenses incurred as a result thereof; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mrs. Ettean Brown Sullivan the sum of $500.00 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 17, 1958. Page 2477 COMPENSATION TO SIM BROWN. No. 25 (House Resolution No. 302-744f). A Resolution. To compensate Mr. Sim Brown; and for other purposes. Whereas, on July 25, 1956, Mrs. Ettean Brown Sullivan was driving an automobile belonging to her father, Mr. Sim Brown, in a westerly direction along Oglethorpe Avenue in Albany, Dougherty County Georgia; and Whereas, an employee of the State Highway Department, while engaged in the performance of his duties, was driving a highway department twenty-five (25) ton Lorain Crane in an easterly direction on Oglethorpe Avenue, which intersects with Monroe Street; and Whereas, said highway department employee ran a red light at the intersection of Oglethorpe Avenue and Monroe Street, just as Mrs. Ettean Brown Sullivan was attempting to make a left hand turn onto Monroe Street as the traffic control light was turning red; and Whereas, the highway department vehicle struck Mr. Sim Brown's 1947 Chevrolet four-door sedan automobile; and Whereas, Mr. Sim Brown's automobile was damaged to the extent of $250.00 through no fault or negligence whatsoever on the part of Mr. Sim Brown or Mrs. Ettean Brown Sullivan; and Whereas, 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. Sim Page 2478 Brown the sum of $250.00 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 17, 1958. COMPENSATION TO D. D. WHITMAN. No. 27 (House Resolution No. 352-838d). A Resolution. To compensate D. D. Whitman; and for other purposes. Whereas, on or about March 25, 1957 in Quitman County, Georgia, a 1951 Chevrolet school bus belonging to D. D. Whitman was struck by a vehicle under the control and supervision of an employee of the State Board of Corrections; and Whereas, the collision was caused by the negligence of the operator of the State Board of Corrections vehicle; and Whereas, as the result of such collision said vehicle was damaged in an amount in excess of two hundred sixty-five dollars and 99/100 ($265.99), 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 Board of Corrections is hereby authorized and directed to pay to D. D. Whitman the sum of two hundred sixty-five dollars and 99/100 ($265.99) as full and final compensation as hereinabove enumerated. Said sum shall be paid from sums appropriated to or available to said department. Approved March 17, 1958. Page 2479 CHESTER H. JONES RELIEVED AS SURETY ON BOND. No. 28 (House Resolution No. 159-505a). A Resolution. To relieve Chester H. Jones as surety; and for other purposes. Whereas, Chester H. Jones became surety in the principal amount of five thousand dollars ($5000) in the case of the State v. Robert L. Collins who was charged with a criminal offense in the Richmond Superior Court, Augusta Judicial Circuit; and Whereas, judgment was taken thereon on March 2, 1954 in said court and is recorded in Motion Docket No. 340 and entered on the General Execution Docket, book 29, page 268 and execution is dated April 19, 1954; and Whereas, the surety, subsequent to making bond, discovered said Robert L. Collins was a psychopath and the judgment on said bond was set aside on the 2nd day of May, 1956, and no payment has been made and it appears that no further action will be taken; Now, therefore, be it resolved by the General Assembly of Georgia that Chester H. Jones be fully relieved from any and all liability of said bond and that the Clerk of the Superior Court of Richmond County is hereby authorized, empowered, instructed and directed to cancel said judgment on the records of the Richmond Superior Court. Approved March 17, 1958. Page 2480 COMPENSATION TO W. M. THOMAS. No. 30 (House Resolution No. 391-940c). A Resolution. To compensate Mr. W. M. Thomas; and for other purposes. Whereas, on January 10, 1958, a State Highway Department work crew was cutting down a large tree located adjacent to the sidewalk in the front of the house located at 143 North Main Street in Jonesboro, Georgia, belonging to Mr. W. M. Thomas; and Whereas, the tree toppled onto Mr. Thomas' house, severely damaging the roof, front porch, rafters, walls and ceiling, TV antenna and shrubbery; and Whereas, an estimate of repairs and replacements has been received in the amount of $2,500.00, and since the accident happened through no fault or negligence whatsoever on the part of Mr. Thomas, 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. W. M. Thomas the sum of $1750.00 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 17, 1958. Page 2481 COMPENSATION TO FREEMAN B. ROBERTS. No. 31 (House Resolution No. 339-806a). A Resolution. To authorize and direct the State Highway Department to compensate Freeman B. Roberts for damages to his automobile; and for other purposes. Whereas, on August 5, 1957, Freeman B. Roberts was driving his 1953 model Pontiac automobile north on Georgia Highway No. 53 near the Franklin farm in Gordon County, Georgia; and Whereas, while passing a tractor towed rotary mower being operated by employees of the State Highway Department on the west shoulder of said highway, the windshield of his automobile was shattered by a rock thrown from said rotary mower; and Whereas, the damage was caused through no fault or negligence on the part of Mr. Roberts but was caused through the operation of State owned equipment, and it is only just and proper that Mr. Roberts be compensated for his 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 Freeman B. Roberts, the sum of eighty-four dollars and twenty-three cents ($84.23) which is the cost of repairing his damages as estimated by a reputable automobile dealer and repairmen, said amount to be in full settlement of said claim, and to be paid from funds made available to the State Highway Department. Approved March 17, 1958. Page 2482 COMPENSATION TO MRS. JOSIE MAE NEWMAN. No. 32 (House Resolution No. 261-662k). A Resolution. To compensate Mrs. Josie Mae Newman and for other purposes. Whereas, on June 17, 1957, Josie Mae Newman was stopped by flagman on Georgia State Highway No. 12 for purpose of letting highway crew re-surface road; and Whereas, her automobile was struck by a State Highway Department truck, due to the negligence of the driver of said truck; and Whereas, the automobile of Mrs. Newman was damaged in the amount of $202.42 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 $202.42 to Josie Mae Newman as compensation as set out above, said sum shall be paid from funds appropriated to said department. Approved March 17, 1958. COMPENSATION TO JOHN HENRY CHAPMAN. No. 33 (House Resolution No. 281-702c). A Resolution. To compensate John Henry Chapman; and for other purposes. Whereas, John Henry Chapman, while an employee of the State Highway Department, did suffer an accidental injury which arose out of and in the course of Page 2483 his employment in November, 1948, and as a result of said injury, he was forced to have an operation for a hernia on October 1, 1956, thereby incurring medical and hospital expenses in the amount of $337,85, plus a hospital bill to the Hall County Hospital of which $130.00 was paid by the claimant; and Whereas, within the time permitted by law the said John Henry Chapman reported the accident to his foreman, who is now deceased, and was informed by the foreman to obtain a brace and wear it which the claimant did, and at that time the claimant told a Mr. J. L. Wilson, an employee of the State Highway Department, about his injury and the results thereof; and Whereas, it is only just and proper that John Henry Chapman be compensated for his injuries; 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 Henry Chapman the sum of $467.85 dollars for compensation as herein above enumerated, said sum to be paid from the funds appropriated to, or available to, the State Highway Department. Approved March 17, 1958. COMPENSATION FOR INJURIES TO SUE JEAN WHITE, BETTY JO WHITE AND MELODY ANN FLOYD. No. 34 (House Resolution No. 345-827c). A Resolution. To compensate Lovett White, as next friend of Sue Jean White, Betty Jo White, and Melody Ann Floyd; and for other purposes. Page 2484 Whereas, Lovett White, of Bibb County, Georgia, is the father of Sue Jean White and Betty Jo White, both minors, and the grandfather and custodian of Melody Ann Floyd, a minor; and Whereas, the aforesaid children were riding in a vehicle being driven by one W. J. Wilkerson on May 31, 1957, in a northerly direction along Georgia State Highway 247, approximately nine miles south of Macon; and Whereas, at said time and place, a Highway Department employee was driving a Highway Department truck and attempted to gain entrance into the lane of traffic in which the Wilkerson vehicle was proceeding; and Whereas, said Highway Department employee drove said truck from a stopped position directly into the path of the Wilkerson vehicle when said Wilkerson vehicle was in close proximity; and Whereas, a collision occurred between the vehicles, and the aforesaid minor children were injured; and Whereas, Lovett White has incurred the following expenses for each child: Sue Jean White: Raymond A. Moody, M.D......$150.00 Macon Hospital..... 90.00 Total.....$240.00 Betty Jo White: Raymond A. Moody, M.D......$300.00 Drs. Benton, Fry, and Homeyer.....30.00 Macon Hospital..... 161.10 Total.....$491.10 Page 2485 Melody Ann Floyd: Raymond A. Moody, M.D......$25.00 Macon Hospital..... 59.00 Total.....$84.00 and; Whereas, the said child, Betty Jo White, has received severe facial scarring and said scarring is permanent but will require further medical operations; and Whereas, the said collision occurred through no fault whatsoever on the part of the aforesaid minor children, but was caused by the negligent acts of the said highway department employee; 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. Lovett White the following sums for the expenditures incurred by him in the following cases: Sue Jean White, $240.00; Betty Jo White, $491.10; Melody Ann Floyd, $84.00; and the State Highway Department is further authorized and directed to pay to the said Lovett White, as next friend of, and for the benefit of Betty Jo White, the sum of $500 for the permanent injuries sustained by said child in said collision. Said sums shall be paid from the funds appropriated to or available to said department. Approved March 17, 1958. Page 2486 COMPENSATION TO ROBERT K. PRICE COMPANY. No. 35 (House Resolution No. 280-702b). A Resolution. Authorizing compensation to Robert K. Price Company; and for other purposes. Whereas, the Robert K. Price Company of Fayetteville, Georgia, has constructed and is exhibiting a masterpieceGeorgia... Today for Tomorrow; and Whereas, due to technicalities, the Robert K. Price Company has not been compensated for the expenses of manufacturing and exhibiting this exhibit; and Whereas, many thousands of people have seen and enjoyed this exhibit that shows the resources of this State in such manner as to encourage the promotion of the industrial, agrarian, and conservation interests in this State; and Whereas, the cost of this exhibit has been in excess of $34,976.84 and the State has been more than benefited in that amount, and the exhibit can be used to promote industrial development by advertising the natural resources of this State; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Department of Commerce be and is hereby authorized and directed to pay Robert K. Price Company, Fayetteville, Georgia, the sum of $34,976.84 in full payment of purchase price for said exhibit, as herein provided; said sum to be paid from funds appropriated to or available to the Department of Commerce. Approved March 17, 1958. Page 2487 COMPENSATION TO ELIAS PINK GRISWELL. No. 36 (House Resolution No. 304-744h). A Resolution. Whereas, on the 11th day of June, 1957, at approximately 8:00 a.m., Mr. Elias Pink Griswell was driving his 1952 model Chevrolet sedan north on U. S. Highway 23 (Georgia Highway 42), about three miles south of Stockbridge, Georgia, and about two thousand feet south of the Hudson Bridge in the County of Henry; and Whereas, Mr. Griswell was traveling at about fifty miles per hour when he overtook a truck belonging to the State Highway Department, said truck traveling at about thirty-five miles per hour; and Whereas, Mr. Griswell, with full view ahead for safety sounded his horn before beginning to pass the truck, and again sounded his horn while in the act of passing said truck; and Whereas, while Mr. Griswell was in the act of passing said truck, driven by one T. E. Boyd, an employee of the State Highway Department, the truck suddenly, without notice or warning of any kind, turned into and against Mr. Griswell's Chevrolet, forcing him off the highway and into an embankment, resulting in a total loss of Mr. Griswell's automobile which caused him to suffer in damages a total amount of five hundred and 00/100 ($50.00) dollars after realizing sixty ($60.00) dollars from the sale of said automobile for junk; and Whereas, the accident occurred through no fault or negligence whatsoever on the part of Mr. Griswell, 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 Page 2488 is hereby authorized and directed to pay to Mr. Elias Pink Griswell the sum of five hundred and no/100 ($500.00) dollars as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 17, 1958. INVESTIGATION OF SCHOOL CONDITIONS IN LUMPKIN AND JEFFERSON COUNTIES. No. 37 (House Resolution No. 347-827e). A Resolution. Authorizing and directing the State Board of Education to investigate hardship cases in schools in Lumpkin and Jefferson Counties; and for other purposes. Whereas, the school facilities in Lumpkin and Jefferson Counties are completely inadequate and the school children of said counties are forced to attend substandard schools which constitute a constant hazard relative to the safety and well-being of said children; and Whereas, under the Minimum Foundation Program for Education, Lumpkin and Jefferson Counties did not receive sufficient funds to enable them to correct this tragic situation; Now, therefore, be it resolved by the General Assembly of Georgia that the State Board of Education is hereby authorized and directed to thoroughly investigate the school situation in Lumpkin and Jefferson Counties. Said board is further authorized and directed to take all steps within its power to alleviate the hardships in said counties. Approved March 17, 1958. Page 2489 COMPENSATION TO MR. AND MRS. LYNN DANIEL. No. 39 (House Resolution No. 195-588a). A Resolution. To compensate Mr. and Mrs. Lynn Daniel; and for other purposes. Whereas, on June 14, 1956, at approximately 7:15 a.m., Mrs. Lynn Daniel was operating a 1956 Plymouth automobile belonging to her husband and was heading east on Bay Street in Savannah, Georgia; and Whereas, she came to a complete stop at the intersection of Bay and West Broad Streets, and after the automobile had come to a complete standstill it was struck from the rear by a military jeep belonging to the Georgia National Guard and operated by a member of the guard who was driving said vehicle in the course of his duty; and Whereas, as a result of this collision, Mrs. Daniel received injuries which caused her to suffer a miscarriage and received other injuries resulting in various medical expenses and which will continue to cause other medical expenses to be incurred; and Whereas, such accident resulted in damage to the automobile in the amount of $200.00; and Whereas, the aforesaid accident occurred through no fault or negligence whatsoever on the part of Mrs. Daniel, and it is only just and proper that she and Mr. Daniel be compensated for the expenses incurred, for those which will be incurred in the future and for the injuries as aforesaid which caused Mrs. Daniel to suffer a miscarriage; Now, Therefore, be it resolved by the General Assembly of Georgia that the State Department of Defense is hereby authorized and directed to pay the Page 2490 sum of $128.45 to Mr. and Mrs. Lynn Daniel as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 17, 1958. COMPENSATION TO WILLIAM H. BEALL. No. 40 (House Resolution No. 325-773b). A Resolution. To compensate William H. Beall; and for other purposes. Whereas, on September 9, 1957, at approximately 4:00 p.m. in the city limits of Harlem, Georgia, a 1957 Chevrolet automobile was damaged when a pay loader operated by Hugh B. Thurmond, an employee of the State Highway Department, backed the pay loader into the right rear fender of said automobile; and Whereas, the operator of the pay loader applied the brakes on said vehicle, but could not stop because the brakes were hung and the pay loader came to a stop after it bumped the right rear fender of said automobile; and Whereas, the damages to the aforesaid automobile were caused by the defective equipment owned by the State Highway Department and it is only just and fair that the owner of the automobile be compensated for the damages thereto; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to William H. Beall the sum of fifty ($50.00) dollars as full compensation for damages hereinabove enumerated; said sum Page 2491 to be paid from the funds appropriated to or available to the State Highway Department. Approved March 17, 1958. COMPENSATION TO W. J. WILKERSON. No. 41 (House Resolution No. 346-827d). A Resolution. To compensate W. J. Wilkerson; and for other purposes. Whereas, on May 31, 1957, Mr. W. J. Wilkerson was driving his 1954 Ford automobile in a northerly direction on Georgia State Highway 247, about nine miles south of Macon; and Whereas, an employee of the State Highway Department, while engaged in the performance of his duties, was attempting to gain entrance to the north-bound lane of said Highway 247 in which said W. J. Wilkerson was proceeding toward Macon; and Whereas, said Highway Department employee, after stopping before driving into said lane, then suddenly and without warning to Mr. Wilkerson, pulled his said truck directly into the path of the Wilkerson vehicle; and Whereas, as a result of said accident, Mr. Wilkerson received personal injuries as well as damages in the amount of seven hundred, eighty-five dollars ($785.00) to his said 1954 Ford automobile; and Whereas, the said W. J. Wilkerson also incurred hospital expenses in the amount of one hundred sixty-nine dollars ($169.00) and doctor bills in the amount of one hundred dollars ($100.00); Page 2492 Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mr. W. J. Wilkerson the sum of one thousand and fifty-four dollars ($1,054.00) as compensation as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved March 17, 1958. COMPENSATION TO DAVID NORMAN. No. 42 (House Resolution No. 138-412b). A Resolution. To compensate David Norman of Moultrie, Georgia, for injuries and damages sustained in an accident with a State Highway truck; and for other purposes. Whereas, on February 22, 1956, David Norman, a resident of Colquitt County, Georgia, was driving his 1950 Chevrolet, 4-door sedan on a public highway in Colquitt County, Georgia; and Whereas, J. S. Johnson, an employee of the State Highway Department, while driving a loaded dump truck of the highway department, entered said highway from an installation of the highway department without stopping, and drove said highway department truck into and against the car of David Norman; and Whereas, as a result of said collision the car belonging to David Norman was damaged in value in the amount of four hundred and fifty dollars ($450.00); and Whereas, J. S. Johnson is insolvent and David Norman is unable to recover said damages from him, and Page 2493 it is just and proper that he be compensated for his loss; Now, therefore, be it resolved by the General Assembly of Georgia, that the Georgia State Highway Department be, and it is authorized and directed to pay to the said David Norman the sum of four hundred and fifty dollars ($450.00) as compensation for his damages as above set out, said sum to be paid from funds appropriated to or available to the State Highway Department. Approved March 17, 1958. COMPENSATION TO JAMES H. EDWARDS. No. 43 (House Resolution No. 343-827a). A Resolution. To compensate James H. Edwards, and for other purposes. Whereas, on January 2nd, 1958, James H. Edwards, of Mitchell County, Georgia, was driving his 1953 Chevrolet in an eastern direction along State Route No. 112 (Oakland Avenue) in the City of Camilla, traveling towards his home east of Camilla; and Whereas, at or about the same time, one J. C. Phillips an employee of the State Highway Department, was driving a 1953 International pickup truck, owned by the State Highway Department of Georgia, in a southern direction along Ellis Street which intersects State Route No. 112 (Oakland Avenue) while on business for the highway department; and Whereas, the said J. C. Phillips failed to stop before attempting to cross State Route No. 112 (Oakland Avenue) Page 2494 as required by the ordinances of the City of Camilla and the laws of Georgia; and Whereas, as a result thereof, the said J. C. Phillips drove the highway truck into the left side of the 1953 Chevrolet car of James H. Edwards, causing damages in the sum of $377.74; and Whereas, the damages suffered by the said James H. Edwards, was not due to negligence on his part but solely on account of the negligence of the State Highway employee, J. C. Phillips; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to James H. Edwards, Camilla, Georgia, R.F.D., the sum of $377.74, as compensation for damage to his 1953 Chevrolet car as hereinbefore set out. Said sums shall be paid from funds appropriated to, or available to, the State Highway Department. Approved March 17, 1958. COMPENSATION TO THULIA LINDSLEY. No. 45 (House Resolution No. 9-7b). A Resolution. To compensate Thulia Lindsley; and for other purposes. Whereas, on June 27, 1953, two negro inmates of The Georgia Training School for Boys at Milledgeville, Georgia, were sent out unattended and unsupervised by the officials of said training school to assist in the apprehension of two escapees of said training school, and while posted on lookout, Thulia Lindsley walked by near the spot where they were located and the two inmates criminally attacked her; and Page 2495 Whereas, the two negro inmates were convicted of rape at the July Term of Baldwin Superior Court and sentenced to death, and have been executed; and Whereas, it is only just and proper that compensation be made for the damages, injuries, humiliation and shame suffered by the aforesaid person; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Department of Welfare is hereby ordered and directed to pay to Thulia Lindsley of Baldwin County, the sum of three thousand dollars ($3,000.00), as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 17, 1958. COMPENSATION TO JAMES W. RAY. No. 47 (House Resolution No. 408-1005e). A Resolution. To compensate James W. Ray; and for other purposes. Whereas, on April 30, 1957, a National Guard truck pulling a gun unit was being operated on West Oliver Street in Elberton, Georgia, when one of the outriggers of the gun became loose and struck the side of an automobile parked in front of the Ray Auto Company, which automobile belonged to Mr. James W. Ray; and Whereas, the automobile was damaged in the amount of $309.19, and the accident happened through no fault or negligence whatsoever on the part of Mr. Ray, and it is only just and proper that he be compensated therefor; Now, therefore, be it resloved by the General Assembly Page 2496 of Georgia that the State Department of Defense is hereby authorized and directed to pay to Mr. James W. Ray the sum of $309.19 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 17, 1958. COMPENSATION TO STOVALL MOTOR COMPANY, INC. No. 49 (House Resolution No. 260-662j). A Resolution. Compensating Stovall Motor Company, Inc.; and for other purposes. Whereas, on October 16, 1957, a truck belonging to the State Highway Department of Georgia and driven by Mr. Robert W. Hardy backed into an automobile owned by the Stovall Motor Company, Inc. of Cornelia, Georgia, at the intersection of Ellis and Yonah Streets in Cornelia; and Whereas, there was no fault on the part of the Stovall Motor Company, Inc.; and Whereas, the automobile owned by Stovall Motor Company, Inc., was damaged to the extent of $34.13; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to the Stovall Motor Company, Inc. of Cornelia, Georgia, the sum of $34.13 as compensation for the above accident. Said sum shall be paid from funds appropriated to or available to said department. Approved March 17, 1958. Page 2497 COMPENSATION TO DAVID TANNER. No. 51 (House Resolution No. 169-526c). A Resolution. To compensate David Tanner for damages; and for other purposes. Whereas, on April 10, 1956, Mr. David Tanner, of Cedartown, Georgia, was driving his 1949 Ford sedan automobile north on U. S. Highway 27, and at approximately one mile north of the city limits of Cedartown, he collided with a 1950 Ford truck, owned by the Georgia State Highway Department and operated by one Luther B. Hinton, an employee of said department; and Whereas, said collision occurred when the operator of the State owned vehicle failed to give a proper signal and stopped over the crest of a hill thereby making it impossible for other vehicles to detect said truck; and Whereas, the accident occurred through no fault nor negligence on the part of David Tanner, and his automobile was damaged to the extent of three hundred ($300.00) dollars, and it is only just and proper that he be compensated for such expense; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department of Georgia is hereby ordered and directed to pay David Tanner the sum of one hundred and fifty ($150.00) dollars as compensation for said damages. The payment of said sum shall be made from funds available to the State Highway Department. Approved March 17, 1958. Page 2498 COMPENSATION TO ARCHIE LAMAR SIMMONS. No. 54 (House Resolution No. 198-610b). A Resolution. To compensate Archie Lamar Simmons; and for other purposes. Whereas, on February 6, 1956, Archie Lamar Simmons was operating his Pontiac automobile on U. S. Highway No. 23 about one-half mile south of Gainesville, Georgia, and was traveling north on said highway; and Whereas, a pickup truck belonging to the State Highway Department and being operated by an employee of said department while in the performance of his duties was traveling south on said highway and upon stopping suddenly behind an automobile at an underpass on said highway, skidded and crashed into the side of Mr. Simmons' automobile; and Whereas, said accident caused damage to Mr. Simmons' automobile in the amount of $283.36; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mr. Simmons, 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 the sum of $283.36 to Mr. Archie Lamar Simmons as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 17, 1958. Page 2499 COMPENSATION TO GRADY EMMITT BURGESS. No. 57 (House Resolution No. 344-827b). A Resolution. Compensating Grady Emmitt Burgess of Tifton, Georgia; and for other purposes. Whereas, on January 29, 1957, Grady Emmitt Burgess of Tifton, Georgia, was driving a tractor on U. S. Route 319, Georgia route 35 near Tifton, Georgia, and Whereas, said tractor was struck by a truck belonging to the State Highway Department driven by George Adams, an employee of the State Highway Department, and Whereas, the tractor was damaged in the sum of $657.38, and Whereas, Grady Emmitt Burgess was in no wise at fault and should be compensated for the damage to the tractor, Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby directed and authorized to pay to Grady Emmitt Burgess of Tifton, Georgia, the sum of $657.38 as compensation as set out above. Said sum shall be paid from funds available to or appropriated to the State Highway Department. Approved March 17, 1958. Page 2500 COMPENSATION TO FREDDIE YOUNGBLOOD. No. 59 (House Resolution No. 184-567a). A Resolution. To compensate Freddie Youngblood; and for other purposes. Whereas, on October 30, 1956, Freddie Youngblood was driving his automobile on U. S. Highway 25, near the town of Augusta, Richmond 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 the said Freddie Youngblood also sustained medical expenses and damages, and Whereas, the automobile of Mr. Youngblood was damaged in the amount of $95.90, and his actual medical expenses were $75.50, and it is only just and proper that compensation be paid therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $112.40 to Freddie Youngblood, as compensation as set out above. Said sum shall be paid from funds appropriated to said department. Approved March 17, 1958. WARE COUNTYUSE OF VOTING MACHINES AUTHORIZED. No. 142 (House Bill No. 1007). An Act to provide for the use of voting machines for casting, registering, recording, and computing ballots or votes in all elections, including primaries, in Ware Page 2501 County, Georgia, by direct act of the county commissioners of said county, or by referendum; to prescribe regulations with reference to the adoption, requirements, purchase, lease, rental, installation, preparation, cusody, and demonstration of the use of voting machines; to provide rules and regulations for the conduct of elections held with voting machines; to prescribe the qualifications, number, and duties of election officers in election districts or precincts in which voting machines may be used; to provide for the experimental use of voting machines; to place duties upon County Commissioners of Ware County; to provide for redistricting or redivision and/or consolidation of election districts or 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 such machines; and to provide that the County Commissioners of Ware County, Georgia, shall have the right to rent said machines to any municipality, school district, or county or other political subdivision or political organization of the State, or to the election authorities of such county, political subdivision of municipality which desire to use said voting machines for holding primaries or general elections or referendums and are willing to pay to the county on such machines a reasonable rental to be determined by the County Commissioners of Ware County, Georgia; to provide penalties for violations of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that all elections hereafter held in Ware County, whether regular, special, primary, or other elections held under or by authority of said county, 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 Ware County, or any part thereof, ballots or votes may be cast, registered, recorded, Page 2502 and counted by means of voting machines meeting the requirements of this Act as herein after provided, also at any and all other elections hereafter held in said county, or any part thereof, ballots or votes may be cast, registered, recorded, and counted by means of voting machines meeting the requirements of this Act. Use of voting machines authorized. Section 2. Be it further enacted by the authority aforesaid, that the County Commissioners of Ware County may, at any regular meeting or at a special meeting called for the purpose, by a majority vote, adopt, purchase, authorize, lease or otherwise procure and provide for the use of, any voting machines meeting the requirements of this Act as hereinafter provided, in any one or more voting precincts within said county; and thereafter said machine and may requisite number of the same may be used for voting at all primaries and elections for public officers and at all regular, special and other elections held by or under the authority of said county, and all questions and matters that may be submitted thereat, and at any general and all other elections hereafter held in this county, or any part thereof, and for receiving, registering, recording and counting the votes or electors in such election district or districts, precinct or precincts. Same, procurement authorized. Section 3. Be it further enacted by the authority aforesaid, that in the event the County Commissioners of Ware County do purchase, lease or rent for election districts or precincts of said county one or more voting machines, of a kind or kinds which meet the requirements of this Act as hereinafter provided, they may provide in each such election district or precinct in which voting machines are to be used one voting machine for each six hundred registered voters, or fraction thereof, therein and shall provide one voting machine for each one thousand registered voters, or fraction thereof, therein. Same, quantity. Section 4. Be it further enacted by the authority aforesaid, that no voting machine 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 Page 2503 for such candidates as may be nominated, and upon such questions as may be submitted; it shall permit each voter, at other than primary elections, to vote a straight party ticket in one operation; and, in one operation, to vote for all candidates of one party for presidential electors, and, in one operation, to vote for all the candidates of one party for every office to be voted for except those offices as to which he voted for individual candidates; it shall enable each voter, at other than primary elections, to vote a ticket selected from the nominees of any and all parties from independent nominations, and from persons not in nomination; that 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 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 candidates for non-partisan nomination, if any, and for the candidates seeking nomination by the political party, in which he is enrolled, if he is enrolled as a member of a political party, and so as to preclude him from voting for the candidates seeking nomination by any political party in which he is not enrolled; it shall permit each voter to deposit, write in, or affix upon receptacles or devices provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine; it shall permit each voter to change his vote for any candidate, or upon any question appearing upon the ballot-labels, up to the time he begins the final operation to register his vote, or indicates or expresses his intention to register his vote; it shall not only secure to the voter absolute secrecy in Page 2504 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 is 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 constitutional amendments or 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 property operated, register or record correctly and accurately every vote cast; it shall be so constructed that a voter may readily learn the method of operating it; it shall be safely transportable; it shall be so constructed and controlled, that during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate, and from tampering with any of the registering mechanism; it shall have a key or keys for the aforementioned lock or locks. Same, type to be used. Section 5. Be it further enacted by the authority aforesaid, that the authorities of any county authorized by section Page 2505 8 of this Act to adopt a voting machine or voting machines may provide for the experimental use at any election or elections, of a machine which they might lawfully adopt, without a formal adoption thereof, and such use at such election shall be as valid for all purposes as if it had been lawfully adopted; such use may be in one or more election precincts of any county hereinabove referred to. Same, testing. Section 6. Be it further enacted by the authority aforesaid, that the County Commissioners of Ware County, Georgia, which authorities are hereinafter referred to as the local authorities, on the adoption and lease or purchase of a voting machine or machines may provide for the payment therefor in such manner as may be deemed for the best interests of the county. They may for that purpose make leases, issue bonds, certificates of indebtedness, or other obligations, which shall be a charge on the county. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the local authorities may determine, subject to constitutional limitations. Same, payment. Section 7. Be it further enacted by the authority aforesaid, that for any election in which voting machines are to be used, the election precincts or districts in which such machines are to be used may be created by the officers charged by law with the duty of redividing or consolidating election districts so as to contain as near as may be the number of voters as hereinafter provided. The redivision, redistricting or consolidating whereby such election precincts may be created shall be made under the following provisions: Election districts. (a) The ordinary shall, upon petition, redivide wards of cities and/or of incorporated towns or villages in which voting machines are to be used, into election districts of compact and contiguous territory, or shall consolidate election precincts, districts or wards therein into new districts, each having one thousand registered voters as nearly as may be, except that districts having less than one thousand registered voters may be created whenever Page 2506 the Ordinary shall be of the opinion that the convenience of the voters and the public interests will be promoted thereby; provided, that any consolidation of, or change in, a militia district or districts shall be effected only in conformity to sections 23-204-5 and sections 23-701, sub-section 4, Code of 1933. (b) Petitions may be presented to the ordinary to redivide wards of cities and/or of incorporated towns or villages into election districts, or to consolidate election districts, either by the county commissioners or the commissioners of roads and revenues, or by ten or more qualified voters of the districts involved. Such petitions may specify the boundaries desired by the petitioners. (c) Upon the redivision of any ward of a city and/or incorporated town or village into election districts, and upon the consolidation of election districts under the provisions of this section, the said ordinary shall appoint the necessary election officers and fix the places for holding the first election thereafter in said new districts. Section 8. Be it further enacted by the authority aforesaid, that the local authorities adopting a voting machine or machines shall provide machines for all precincts where same are to be used, in complete working order, and shall preserve and keep in repair the same, and shall have custody thereof, and the furniture and equipment of the polling-places when not in use at an election. Storage of machines. Section 9. Be it further enacted by the authority aforesaid, that the exterior of the voting machines and every part of the voting or polling-place, shall be in plain view of the election watchers and officers. The voting 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 commissioners shall not themselves be, nor allow any other person to be, in any position that Page 2507 will permit one to see, or ascertain how a voter votes, or how he has voted. No voter shall be permitted the voting machine more than two minutes if other voters are waiting to use. 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 or counting device shall not be unlocked or opened, or the compartment containing the counters of the machine 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 signature of the election managers or except upon the written order of the local authorities for good and sufficient reason which shall be stated in the order; the ordinary of the county shall appoint a custodian for the machines. Location, care, and use. Section 10. Be it enacted further by the authority aforesaid, that during the thirty days next preceding an election or primary the local authorities shall place on public exhibition, in such places and at such times as they deem most suitable for the information and instruction of the voters, one or more voting machines, containing the ballot-labels, and showing the offices and questions to be voted upon, the 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 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 same, shall be opened, if at all, only temporarily, and then only upon written authorization from the local authorities. Exhibition. Section 11. Be it further enacted by the authority aforesaid, that any voter who may state under oath that Page 2508 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 in section 34-3201 of the Code of Georgia of 1933. Aid to voters. Section 12. Be it enacted by the authority aforesaid, further, that in any election district or precinct in which voting machines are provided any voter, but only when required by his regular business and habitual duties to be absent from the county, city, ward district, or precinct in which he is registered, may vote by complying with the provisions of the law of this State as contained in the acts of the General Assembly of 1924, page 186, et. seq. Absentee ballot. Section 13. Be it further enacted by the authority aforesaid, that in any election district or precinct in which voting machines are provided 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 the proposed constitutional amendment or other 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 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 the several parties shall be arranged as is now provided by law, except that the lists may be arranged horizontally or vertically, with the names of candidates for 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 in accordance with law, shall appear in adjacent rows or columns containing generally the names of candidates nominated or seeking nomination by such party. The form and arrangement of ballot-labels, to be used at any election, shall be Page 2509 determined by the ordinary of the county, as nearly as may be in accordance with the provisions of the laws prescribing the form and arrangements of ballots at such election, and shall be furnished by him to the election managers of the respective voting or polling-places, who shall procure such further copies of the same, as may be necessary, at the cost of the county. In primary elections, the ballot-labels, containing the names of candidates seeking nomination by a political party, shall be segregated on the face of the machine in adjacent rows or columns by parties. In any party primary in which voting machines shall be used in one or more voting precincts, the name of any unopposed candidate for nomination for any office may be omitted from the ballot used in any such voting-machine, and such unopposed candidate shall be declared to have received the total number of votes cast in such voting precinct. Ballot-labels, unopposed candidates. Section 14. Be it further enacted by the authority aforesaid, 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: Supplies. (a) A lantern, or a proper substitute for one, which shall give sufficient light to enable voters, while in the voting machine booth, to read the ballot-labels, and suitable for the use of election officers in examining the counters. The lantern, or proper substitute therefor, shall be prepared and in good order for use before the opening of the polls. (b) The diagrams or sample ballots, of suitable size, representing such part of the face of such voting machine as will be in use in the election, and accompanied by illustrated directions for voting on the machine. Such diagram shall be posted prominently outside the enclosed space within the voting or polling-place. (c) Prior to any election, the officer or officers aforementioned may cause copies of diagrams, explaining machine coding to be posted, published, advertised or distributed Page 2510 among the electors in such manner as they may deem desirable. Section 15. Be it further enacted by the authority aforesaid, 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 county executive committee, 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, managers shall meet in the said room before the time for opening the polls. They shall see that the sample ballots and instruction cards are posted properly, and everything in readiness for the voting at the hour of opening the polls. The managers shall compare ballot-labels on the machine with the sample ballots, see that they are correct, examine and see that all the counters (except protective counters) are set at naught or zero (0) and that the machine or machines are otherwise in perfect order. If upon such inspection it be Page 2511 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 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 by the use of written or printed ballots the election shall proceed. Preparation of machines for use. Election managers' duties. (a) The election officers or board in such district or precinct in which a voting machine or voting machines are used shall consist of three superintendents or managers, who shall be appointed by the ordinary of the county in elections and by executive committee in primaries; provided, that nothing herein shall be construed to hinder or prevent any one or more of said appointees of the ordinary from acting as manager or managers, should they be present at the polling-place supplying the number of managers required as herein provided from any of the freeholders as aforesaid. Persons who cannot read and write shall not be competent to serve as managers of election. The oath to be taken by such election managers and the form thereof and before whom to be taken shall be as prescribed in section 34-1202-1203 of Code of 1933 of Georgia. Where more than one machine is used in any election district or precinct there shall be one additional manager for each additional machine more than one. In the case of primary elections the naming of managers thereof and the oath to be taken shall be as prescribed by section 34-3201 of Code of 1933 of Georgia. Election managers shall, upon notice from the Ordinary, attend any meeting or meetings called for their instruction and receive such instruction as shall be necessary for the proper conduct of the elections with the machine or machines. No election manager 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 Page 2512 by section 34-1303, sub-section 13, of Code of 1933 of Georgia. All clerks may be dispensed with by the managers of elections in voting machine districts. Election managers' qualifications; oath. Section 16. Be it further enacted by the authority aforesaid, 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. Be it further enacted by the authority aforesaid, 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 members of the election board of managers or superintendents or other persons who may be lawfully within the room, giving full view of the registering counters and one of said election managers announcing in distinct tones the votes cast for each candidate and for and against the various constitutional amendments, questions or other propositions. Election returns. Section 18. Be it further enacted by the authority aforesaid, 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 irregular ballots, if any, and one of the managers of election shall publicly announce in a distinct voice the total vote for each candidate thus ascertained in the order of the officers as their titles are arranged on the ballot-label. He shall then announce in the same manner the vote on each constitutional amendment, proposition or other question. Before leaving the room and before closing and locking the registering compartment, the election managers or superintendents shall make him 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 Page 2513 the laws in force pertaining to election. 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 the same may be opened at any time upon order of a court of competent jurisdiction. Same. Section 19. Be it further enacted by the authority aforesaid, that if a method of election for any candidate or offices or of voting on constitutional amendments or other 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 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 any or all candidates or offices or on any or all constitutional amendments, questions or propositions at such precincts or districts conducted by paper ballots. In such cases ballots shall be printed for such candidates or offices, or for such constitutional amendments, questions or proposition, and the election conducted by the election officers as herein Page 2514 provided for, and the ballots counted and return thereof made in the manner required by law for such candidates or offices or for such constitutional amendments, questions or propositions, in so far as paper ballots are used. Election when voting machines not used. Section 20. Be it further enacted by the authority aforesaid, 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 properly deliver to the ordinary or his duly authorized representative the keys of the machine or machines enclosed in a sealed envelope. Disposition of voting machines, keep after election. Section 21. Be it further enacted by the authority aforesaid, that the local authorities shall designate a person or persons who shall have the custody of the voting machines of the county, and the keys therefor, when the machines are not in use at an election, and shall provide for his or their compensation and for the safe storage and care of the machines and keys. As soon as possible after the completion of the count of the votes cast at any election, the local authorities shall have the machine or machines removed to the place of a storage provided for in this section. Custodian of voting machines. Section 22. Be it further enacted by the authority aforesaid 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: 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; Definitions of terms. 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 Page 2515 of such constitutional amendment or other 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 devices that will register each time the machine is operated, and shall be constructed and so connected that it cannot be reset, altered, or operated, except by operating the machine; 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, primary or other elections held under or by the authority of Ware County, Georgia, also any general and all other elections hereafter held in any such county, or in any part thereof; 10. The words registering compartment shall mean that part of the voting machine containing the registering counters. Section 23. Be it further enacted by the authority aforesaid, that any election officer, manager or other person who shall violate any of the provisions of this Act, Page 2516 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 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. The governing authorities of Ware County are authorized to rent to, and allow the use of voting machines owned by Ware County by any municipality, school district, political organization or county of this State desiring to use same at any primary, general election or referendum, which is willing to pay a reasonable rental, to be determined by the county commissioners, for the use of such machines; provided, however, that the Commissioners of Ware County shall not permit the use of its machines by any municipality, school district, political organization or county as provided herein unless such municipality, school district, political organization or county shall contract for such use and pay such rental thereon as may be agreed to by and between the Commissioners of Ware County and such municipality, school district, political organization or county. Leasing of machines. Section 25. Be it further enacted by the authority aforesaid, that except as modified by the provisions of this Act, the general laws regulating general, regular, special, primary and other elections, where not inconsistent with this Act, shall apply to all such elections, held in said county 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 district or districts, precinct or precincts, in which an election is to be conducted by the use of such machine or machines. Conflicting laws. Section 26. Be it further enacted by the authority Page 2517 aforesaid, that it is hereby declared to be the intention of the General Assembly of the State of Georgia 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 this Act shall be given full force and effect, as completely as if the section, paragraph or clause held unconstitutional had not yet been included herein. Severability. Section 27. Be it further enacted by the authority aforesaid, that all Acts or parts of Acts of the General Assembly, in conflict with the provisions of this Act, are hereby repealed, so far as the conduct of elections in political subdivisions adopting voting machines is concerned. Conflicting laws. Notice of intention to Introduce Local Legislation, Ware County, Georgia. Notice is hereby given that the request of the Commission of Ware County, the undersigned intend to introduce at the session of the General Assembly of Georgia convening in January, 1958, a local bill to be entitled as follows: `An Act to provide for the use of voting machines for casting, registering, recording, and computing ballots or votes in all elections, including primaries, in Ware County, Georgia, by direct act of the county commissioners of said county, or by referendum; to prescribe regulations with reference to the adoption, requirements, purchase, lease, rental, installation, preparation, custody, and demonstration of the use of voting machines; to provide rules and regulations for the conduct of elections held with voting machines; to prescribe the qualifications, number, and duties of election officers in election districts or precincts in which voting machines may be used; to provide for the experimental use of voting machines; to place duties upon County Commissioners of Ware County; to provide for redistricting or redivision and/or consolidation of election districts or 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 such machines; Page 2518 and to provide that the County Commissioners of Ware County, Georgia, shall have the right to rent said machines to any municipality, school district, or county or other political subdivision or political organization of the State, or to the election authorities of such county, political subdivision or municipality which desire to use said voting machines for holding primaries or general elections or referendums and are willing to pay to the county on such machines a reasonable rental to be determined by the County Commissioners of Ware County, Georgia; to provide penalties for violations of the provisions of this Act and for other purposes. This the 10th day of January, 1958. /s/ Ben A. Hodges, /s/ Tom A. Parker, Representatives, Ware County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben A. Hodges, who, on oath, deposes and says that he is Representative from Ware County, and that the attached copy of notice of intention to introduce local legislation was published in the Waycross Journal Herald which is the official organ of said county, on the following dates: January 11, 18, and 25, 1958. /s/ Ben A. Hodges, Representative, Ware County. Sworn to and subscribed before me, this 5th day of February, 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My commission expires Oct. 10, 1961. Approved March 17, 1958. Page 2519 CIVIL AND CRIMINAL COURT OF DeKALB COUNTYACTS AMENDED. N. 143 (House Bill No. 1126). 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 all Acts amendatory thereof, so as to change the name of said Court to the Civil and Criminal Court of DeKalb County; to provide a method for opening default judgments; to provide for the publication of court calendars in the official organ of said county; to provide that the judges of the said court shall not engage in the practice of law; to fix the salary of the judges of said court; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act approved February 14, 1951 (Ga. L. 1951, p. 2401), creating a Civil Court of DeKalb County, and all Acts amendatory thereof, is hereby amended by striking the words Civil Court of DeKalb County in section 3 of said Act and wherever the same appears elsewhere in said Act or in any amendment thereto and by substituting in lieu thereof the words Civil and Criminal Court of DeKalb County, so as to change the name by which said court shall hereafter be known. Name changed. Section 2. Section 13 of the aforesaid Act of 1951 is hereby amended by striking the same in its entirety and by inserting in lieu thereof a new section to read as follows: Be it further enacted by authority aforesaid that Court of DeKalb County may enter judgments without any call of the docket on or after the date on which the action in default is returnable; provided any party against whom a judgment by default shall be rendered shall, as a matter of right, upon the payment of accrued cost, have said default opened, and the judgment rendered thereon set aside at any time within five (5) days from the rendition thereof. In any case in default, upon proper showing, the judges in their discretion shall have the right to open said default judgment during the term to which said default was returnable. Opening of default judgments. Page 2520 Section 3. Section 6-A of an Act approved March 6, 1956 (Ga. L. 1956, p. 3137), is hereby amended by striking the next to the last sentence of said section which reads The salary of the assistant solicitor shall be $6,300.00 per annum, payable monthly out of the county treasury as an expense of the court, and by substituting in lieu thereof the following sentence: The salary of the assistant solicitor shall be fixed by the Board of Commissioners of Roads and Revenues of DeKalb County at not less than $6,300.00 per annum, payable monthly out of the county treasury as an expense of the court. Salary of Asst. Solicitor. Section 4. Said Act of 1951, as amended and particularly as amended by section 13-A of the Act of The General Assembly approved March 6, 1956 (Ga. L. 1956, p. 3137), relating to the salary of the judges of said court, is hereby amended by striking the words and figures ten thousand ($10,000.00) dollars wherever the same appear in said section and by inserting in lieu thereof the words and figures eleven thousand ($11,000.00) dollars. Judges' salaries. Section 5. The provisions of the foregoing section 4 of this Act shall become effective as of March 1, 1958. Same. Section 6. Section 7 of said Act of 1951 as amended is hereby amended by adding a new paragraph thereto which shall read as follows: The judges of the Civil and and Criminal Court of DeKalb County are prohibited from practicing law in any of the courts of this state between the time of their election and qualification, but they may practice until their qualification in any case in which they may have been actually employed before their election; and they are Page 2521 also prohibited from practicing as attorneys, proctors or solicitors in any District or Circuit Court of the United States after their election or while in commission. Judges not to practice law. Section 7. In the event any section, sub-section, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un-constitutional such adjudication shall in no manner affect the other sections, sub-sections, sentences, clauses or phrases of this Act which shall remain of full force and effect, as if the sections, subsections, sentences, clauses or phrases so declared or adjudged invalid or unconstitutional were not originally a part hereof. Severability. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation was duly published once a week for three weeks as required by law; said dates of publication being January 9, 16, 23, 1958. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 24th day of January, 1958. /s/ Ann Hardy, Notary Public, DeKalb County, Georgia. (Seal). My commission expires July 26, 1961. Page 2522 Copy Of Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, session of the General Assembly of Georgia, a bill to amend Georgia Laws 1951, page 2401, relating to the jurisdiction, procedure, organization and officers of the Civil Court of DeKalb County; and for other purposes. This 7th day of January, 1958. W. Hugh McWhorter, Guy W. Rutland, Jr., James A. Mackey, Representatives, DeKalb County. 1-9-3t Approved March 17, 1958. CITY OF WOODSTOCKCHARTER AMENDED. No. 144 (House Bill No. 1094). An Act to amend an Act reincorporating the Town of Woodstock in the County of Cherokee, approved March 24, 1939 (Ga. L. 1939, p. 1384), as amended, so as to change the name of said town to the City of Woodstock; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the Town of Woodstock in the County of Cherokee, approved March 24, 1939 (Ga. L. 1939, p. 1384), as amended, is amended by striking from said Act wherever the same shall appear the words, Town of Woodstock, and inserting in lieu Page 2523 thereof the words, City of Woodstock, and by striking from said Act wherever the same shall appear the word, town, and inserting in lieu thereof the word, city, so that said town shall henceforth be known as the City of Woodstock. Name changed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to change the name of Town of Woodstock to the City of Woodstock; and for other purposes. This 22nd day of January, 1958. 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: Jan. 23, Jan. 30, Feb. 6, 1958. /s/ Carl Barrett, Representative, Cherokee County. Sworn to and subscribed before me, this 11th day of February, 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My commission expires Oct. 10, 1961. Approved March 17, 1958. Page 2524 CITY OF ROSSVILLECORPORATE LIMITS. No. 145 (House Bill No. 505). An Act to amend the charter of the City of Rossville, Georgia, as enacted by Georgia Laws, 1905, p. 1114, and all Acts amendatory thereto so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All of those properties known and designated as Shambaugh Additions Nos. One and Two in the City of Rossville, Georgia, as described in plat book 2, pages 169 and 263 in the office of the Clerk of the Superior Court, Walker County, Georgia, be, and the same are, hereby annexed to the City of Rossville, Georgia. Section 2. All laws or 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 the charter of the City of Rossville, Georgia, as enacted by Georgia Laws 1905, page 1114, as amended, to grant to the mayor and council the power and authority to set the tax rate at not less than one dollar ($1.00), nor more than two dollars and fifty cents (($2.50) per hundred; to grant to the mayor and council the power and authority to accept or reject tax assessments on property as made by the tax assessor, and to change the corporate limits of the City of Rossville, Georgia, and for other purposes. This 8th day of January, 1957. William M. Campbell, Representative, Walker County. Page 2525 Albert Campbell, Representative, Walker County. Robert E. Coker, Senator, 44th District. Georgia, Walker County. Before me, the undersigned attesting officer, duly authorized by law to administer oaths, personally came, E. P. Hall, who, after being first duly sworn, on oath, says that he is the editor of the Walker County Messenger, the legal organ for Walker County, Georgia, and that the foregoing was published in said newspaper on the 9th, 16th, and 23rd days of January 1957, all as provided by law. /s/ E. P. Hall, E. P. Hall. Subscribed and sworn to before me, this 5th day of February, 1957. /s/ Carolyn Pedigo, Notary Public. (Seal). Approved March 17, 1958. CITY COURT OF JESUPACT AMENDED. No. 146 (Senate Bill No. 250). An Act to amend an Act creating the City Court of Jesup approved July 31, 1916, as amended, so that all provisions of such Act and of those amendatory thereof pertaining to matters of service, pleading, and practice, insofar as the same are inconsistent with the rules of procedure, pleading, and practice, in civil actions prevailing in the Superior Courts of the State of Georgia, or which may hereafter be made applicable to the Superior Courts of the State of Georgia, be repealed Page 2526 to provide that such rules of procedure, pleading, and practice in civil actions now prevailing in or which may hereafter be made applicable to the Superior Courts of the State of Georgia shall apply as to all matters pertaining to service, pleading, and practice to all proceedings instituted in the City Court of Jesup on and after the passage and approval of this act; to fix the salary of the judge and to fix the salary of the solicitor of said court; to fix the fees of sheriff and clerk; to change April Term of Court to fourth Monday in May; to repeal all laws or parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that from and after the passage and approval of this act that the act establishing the City Court of Jesup approved July 31, 1916, and all acts amending the same, be and the same are hereby amended as follows: Section 1. All provisions of the Act creating the City Court of Jesup approved July 31, 1916, and all acts amending the same, pertaining to matters of service, pleading, and practice insofar as the same are inconsistent with the provisions of the rules of procedure, pleading, and practice in civil actions now prevailing in the Superior Courts of the State of Georgia or which may hereafter be made applicable to the Superior Courts of the State of Georgia, are hereby repealed. Rules. Section 2. The rules of procedure, pleading, practice and service in civil actions prevailing in the Superior Courts of the State of Georgia, or which may hereafter be made applicable to the Superior Courts of the State of Georgia, shall apply, as to all matters pertaining to service, pleading and practice in all cases in the City Court of Jesup except those proceedings specifically excepted in section 81-1506 of the 1933 Code of Georgia, as amended. Same. Section 3. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority Page 2527 of the same, that from and after the passage of this Act the Judge of the City Court of Jesup shall receive a salary of three thousand ($3,000.00) dollars per annum, which salary shall be paid monthly by the county depository of Wayne County on the order of the commissioners of roads and revenues of said county, and said salary shall remain and continue in effect until changed by Act of the General Assembly of Georgia; provided, however, the governing authority of Wayne County may in addition to said salary supplement the compensation of said judge in an amount not to exceed $1,000.00 per annum; and so much of section 1 of the said Act approved August 4, 1917, and so much of section 1 of said Act approved July 27, 1929, and so much of section 1 of said Act approved August 14, 1931, and so much of section 1 of said Act approved February 19, 1951, as conflicts with this section of this amendment be and the same is hereby repealed. Judge's salary. Section 4. Be it further 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 Solicitor of the City Court of Jesup shall receive a salary of twenty-four hundred ($2,400.00) dollars per annum, which salary shall be paid monthly by the county depository of Wayne County on the order of the commissioners of roads and revenues of said county, and said salary shall remain and continue in effect until changed by Act of the General Assembly of Georgia; provided, however, the governing authority of Wayne County may in addition to said salary supplement the compensation of said Solicitor in an amount not to exceed $600.00 per annum; and so much of section 1 of the said Act approved August 16, 1921, and so much of section 1 of said Act approved December 21, 1937, and so much of section 2 of said Act approved February 19, 1951, as conflicts with this section of the amendment be and the same is hereby repealed. Solicitor's salary. Section 5. Be it further 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 Page 2528 of this act the April term of the City Court of Jesup is hereby changed from the fourth Monday in April to the fourth Monday in May of each and every year, and so much of section 11 of said act approved July 31, 1916, as conflicts with this section of this amendment be and the same is hereby repealed. Terms. Section 6. Be it further enacted by the authority aforesaid, that in all civil proceedings in the said City Court of Jesup, the costs which shall be collected by the clerk of said court shall be as follows, to-wit: Costs. Clerk. For entire service in any suit or proceeding, except issuing subpoenas..... $6.00 For entire service in a garnishment, any kind of foreclosure, attachment, trover, or habeas corpus proceeding, exclusive of subpoenas..... 6.00 For each subpoena issued in any proceeding in said city court......50 For entire service in application for short-order of sale..... 4.00 Sheriff. For serving each process, writ, or copy on defendant, for the first process, writ, or copy in each cause..... 4.00 For each additional process, writ, or copy..... 2.00 For entire service in each trover suit..... 4.00 For entire service in habeas-corpus proceeding..... 4.00 For entire service in each attachment proceeding..... 4.00 For entire service in each garnishment proceeding, for each summons of garnishment..... 2.00 For entire service in each levy of fi. fa., except commissions on sales..... 4.00 Commissions on sales the same as now provided by the general law. For serving each subpoena..... 1.00 And so much of section 9 of the Act approved August 13, 1931, and all amendments thereto, as conflict with Page 2529 this section of this amendment be and the same are hereby repealed. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Conflicting laws. Section 8. Attached hereto and made a part hereof is a copy of the published notice of intention to apply for local legislation and the affidavit of the publisher to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publication of notice of intention to apply for passage of this local legislation have been fully complied with. Enrolled Act has copy of advertisement, or affidavit, or both attached thereto. Approved March 17, 1958. CHATHAM COUNTYCOMPENSATION OF ORDINARY. No. 147 (Senate Bill No. 288). An Act to provide for the compensation of the Ordinary of Chatham County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the Ordinary of Chatham County shall be fixed by the county commissioners and ex officio judges of Chatham County, but shall not be less than $7,500.00 per annum, to be paid in equal monthly installments from the funds of Chatham County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2530 Enrolled Act has copy of advertisement, or affidavit, or both attached thereto. Approved March 17, 1958. MURRAY COUNTYSTREETS ABANDONED. No. 148 (House Bill No. 808). An Act to abolish Ross Avenue, and that portion of Walnut Street that lies west of the east line of M. D. Terry property, in Sanders Heights, Murray County, Georgia, as shown by plats recorded as follows: Murray deed records, book 4 page 80; Murray deed record book 1, page 412 and plat book 1, page 19 of the Murray County, Georgia records; and any other designation of said streets as shown; 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: Section 1. Ross Avenue and that portion of Walnut Street that lies west of the east line of M. D. Terry property, in Sanders Heights, Murray County, Georgia, as shown by plats recorded in Murray deed records book 4, page 80; Murray deed records book 1, page 412 and plat book 1, page 19 of Murray County, Georgia, records, and any other designation of said identical streets, be and the same are hereby abolished. That hereafter said streets shall exist for no purpose whatsoever. Section 2. To repeal all laws and parts of laws in conflict herewith. Legal Ads. Notice of Local Legislation. This is to give notice that I will introduce a local bill in 1958 Legislature to abolish Ross Ave., and that portion Page 2531 of Walnut Street that lies west of the east line of M. D. Terry property in Sanders Heights, Murray County, Georgia, as shown by plats recorded in Murray County, Georgia records in deed book 1, page 412; book 4, page 80, and plat book 1, page 19. Ross Avenue and that portion of Walnut Street west of east line of M. D. Terry property, have never been opened, and all persons through whose property same passes have agreed to said abolishment. Fred F. Long, Representative, Murray Co. 1-9-3tp 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 Chatsworth Times which is the official organ of said county, on the following dates: Jan. 9, Jan. 16 and Jan. 23, 1958. /s/ Fred F. Long, Representative, Murray County. Sworn to and subscribed before me, this 27 day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Page 2532 CITY COURT OF LUDOWICIACTS CREATING, AMENDED. No. 149 (House Bill No. 965). An Act to amend an Act establishing a City Court of Ludowici, approved August 6, (Ga. L. 1921, p. 364), as amended, particularly by an Act approved August 20, 1927 (Ga. L. 1927, p. 422), an Act approved March 8, 1945 (Ga. L. 1945, p. 989), an Act approved February 12, 1951 (Ga. L. 1951, p. 2327) and an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2740) so as to change the compensation of the judge of said court; to remove the prohibition against the increase of the salary of said judge during his term of office; to provide that the rules governing appearance terms, service, time for filling defenses and similar matters which apply in the superior courts of the State shall apply in said city court; 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 Ludowici, approved August 6, 1921 (Ga. L. 1921, p. 364), as amended, particularly by an Act approved August 20, 1927 (Ga. L. 1927, p. 422), an Act approved March 8, 1945 (Ga. L. 1945, p. 989), an Act approved February 12, 1951 (Ga. L. 1951, p. 2327) and an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2740) is amended by striking from section 4 thereof the words, the judge of said court shall receive a salary of twenty-four hundred dollars ($2400.00) per year, which shall not be increased or diminished during his continuance in office, and the same shall be paid monthly out of the funds of Long County, and inserting in lieu thereof the words, The judge of said court shall receive a salary of three thousand dollars ($3,000.00) per year which shall not be diminshed during his continuance in office, and which shall be paid monthly out of the funds of Long County. In addition thereto the county governing authority of Long County may supplement the compensation Page 2533 of said judge in a sum not to exceed six hundred dollars ($600.00) per annum, so that said section, as amended hereby, shall read as follows: Section 4. Be it further enacted by the authority aforesaid, That there shall be a judge of said city who shall be elected by the qualified voters of Long 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 election in November, 1922, under the rules and regulations governing election of members of the General Assembly, and the judge elected on said date shall go into office on January first, 1923, and hold his office for a period of four years, and until his successor is elected and qualified. The Hon. Melville Price, of Ludowici, Georgia, shall be the judge of said court from the time it is organized until January first, 1923, and until his successor is elected and qualified. The qualification of said judge shall be: that he has been a practicing attorney for five years, and a resident of Long County, or that portion of old Liberty which is now Long County, for two years, or longer. Immediately before entering upon the discharge of his duties, said judge shall take and subscribe 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 Ludowici, according to 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 dollars ($3,000.00) per year which shall not be diminished during his continuance in office, and which shall be paid monthly out of the funds of Long County. In addition thereto the county governing authority of Long County may supplement the compensation of said judge in a sum not to exceed six Page 2534 hundred dollars ($600.00) per annum. Said salary shall be paid upon presentation of a bill, properly verified, to the ordinary of said county commissioners be hereafter provided for said county, which said county authority or authorities shall immediately draw a draft or warrant on the treasurer, or county depository, for the amount of same. 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 may practice in any other court. Judge's salary. Section 2. Said Act is further amended by striking therefrom section 23 in its entirety and inserting in lieu thereof a new section 23 which shall read as follows: Section 23. Be it further enacted by the authority aforesaid, That the rules governing appearance terms, services, times for filling defenses and other similar matters which apply in the superior courts of this State shall apply in said city court. Rules of practice. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. 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 Ludowici (Ga. L. 1921, pp. 364-378) and Act amendatory thereof, and particularly section 4 of said original Act as amended, with regard the salary of the judge of said court. This December 28, 1957. /s/ George W. Hendrix. (George W. Hendrix) Georgia, Long County. In person before the undersigned authority came Mary Williams Owen, who being first duly sworn according to Page 2535 law, on oath says that she is the managing editor of The Ludowici News, a weekly newspaper published at Ludowici, Long County, Georgia; that said newspaper is the official organ in and for Long County, Georgia; that the above and foregoing notice was published in three consecutive issues of said The Ludowici News, in the issues of January 10, 1958, January 17, 1958 and January 24, 1958. /s/ Mary Williams Owen. (Mary Williams Owen) Sworn to and subscribed before me, January 27, 1958: /s/ Nan H. Ellis (Seal) Notary Public, Georgia, State at Large. My Commission Expires Jan. 31, 1961. 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 Ludowici (Ga. L. 1921, pp. 364-378), and Acts amendatory thereof, and particularly section 23 of said Act, so as provide for return term and trial terms, process and the service thereof, to conform to practice and procedure under existing rules of Superior Courts in this State, and for other purposes. This 28 day of December, 1957. /s/ George W. Hendrix. (George W. Hendrix) Georgia, Long County. In person before the undersigned authority came Mary Williams Owen, who being first duly sworn according to law, on oath says that she is the managing editor of The Ludowici News, a weekly newspaper published at Ludowici, Long County, Georgia; that said newspaper is the official organ in and for Long County, Georgia; that the above and foregoing notice was published in three consecutive Page 2536 issues of the said The Ludowici News, in the issues of January 10, 1958, January 17, 1958 and January 24, 1958. /s/ Mary Williams Owen. (Mary Williams Owen) Sworn to and subscribed before me, January 27, 1958. /s/ Nan H. Ellis, Notary Public, Georgia, State at Large. My Commission Expires Jan. 31, 1961. Approved March 17, 1958. CITY COURT OF WALKER COUNTYJUDGE'S SALARY, JURORS. No. 150 (Senate Bill No. 285). An Act to amend an Act abolishing the County Court of Walker County and creating a City Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, so as to change the compensation of the judge of said court; to change the provisions relating to exemptions from jury duty in said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the County Court of Walker County and creating a City Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, is amended by striking from section 3 thereof the figures, $3,000.00, and inserting in lieu thereof the figures, $3,600.00, so that said section, as amended hereby, shall read as follows: Section 3. There shall be a judge of said city court, who shall be elected by the qualified voters of said Page 2537 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 $3,600.00 per annum, which shall neither be diminished nor increased during his continuance, 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's salary. Section 2. Said Act is further amended by inserting at the end of section 18 the words, and in addition to such exemptions, any person who shall have served as a traverse juror in said court at any time of said court shall be exempt from further service as a traverse juror in said court for the remainder of the calendar year, so that said section, as amended hereby, shall read as follows: Section 18. It shall be the duty of the clerk of said 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 Page 2538 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, and in addition to such exemptions, any person who shall have served as a traverse juror in said court at any time of said court shall be exempt from further service as a traverse juror in said court for the remainder of the calendar year. Jurors. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1958. CITY OF WAYCROSSUSE OF VOTING MACHINES AUTHORIZED. No. 151 (House Bill No. 1008). An Act amending the charter of the City of Waycross, Georgia; providing for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in the City of Waycross, 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 Page 2539 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 Waycross, Georgia, whether regular, special, primary, general, or other elections held under or by authority of the City of Waycross, 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 Waycross 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 Waycross, Georgia. The commission of the City of Waycross may provide in each election 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 machine 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 Page 2540 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 officers 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 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 Page 2541 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 safely transportable; it shall be so constructed and controlled, that, during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate, and from tampering with any of the registering mechanism; it shall have a key or keys for the aforementioned lock or locks. Same, type to be used. Section 4. That the commission of the City of Way-cross may provide for the experimental use at any election or elections of a machine meeting the requirements of the 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 Way-cross Page 2542 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 Way-cross shall be authorized to create, redivide, redistrict or consolidate election districts or precints 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 Way-cross 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, storage of same. Section 8. That the exterior of the voting machines and every part of the voting or polling place, shall be in plain view of the election watchers and officers. The voting 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 fact 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 Page 2543 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 Waycross for good and sufficient reason which shall be stated in the order. The commission of the City of Waycross 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 Way-cross 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 election, shall be used for such public exhibition and instruction, after having been prepared and sealed for the election. During said 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 Waycross. Same, assistance of voter. Page 2544 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 Waycross, may vote by complying with any laws or charter provisions applicable to the City of Waycross 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 of other designation shall be prefixed to the lists 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 list may be arranged horizontally or vertically, with 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 the 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 Waycross, 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 Waycross in which voting machines shall be used Page 2545 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: (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. Same supplies. (b) The diagrams or sample ballots, of suitable size, representing such part of the face of such voting machine as will be in use in the election, and accompanied by illustrated directions for voting on the machine. Such diagram shall be posted prominently outside the enclosed space within the voting or polling place. (c) Prior to any election, the officer or officers aforementioned may cause copies of 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 Page 2546 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 committee, 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 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. Same, preparation of machines for use. Same, election manager's duties. Page 2547 (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 Waycross. 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 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, 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. Same, election manager's qualifications. Section 16. That ballots voted for any person whose names does not appear on the ballot-label on the machine Page 2548 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 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 elcetion 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 cast 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 Page 2549 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 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 Waycross 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 Waycross Page 2550 shall designate a person or persons who shall have the custody of the voting machines owned by the City of Waycross, 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: 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; Definitions of terms. 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 Page 2551 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 word election and elections, whenever used in this Act, shall be held to include and mean all regular, special or other elections held to include and mean all regular, special or other elections held under or by the authority of the City of Waycross, Georgia, and also any general or primary election hereafter held in said city. 10. The words registering compartment shall mean 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 Waycross charter Page 2552 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 Waycross 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. Provisions 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 Waycross, Georgia, is concerned. Conflicting laws. Section 27. 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 Introduce Local Legislation. City of Waycross, Georgia. Notice is hereby given that at the request of the Commission of the City of Waycross, the undersigned intend to introduce at the session of the General Assembly of Georgia convening in January, 1958, a local bill to be entitled as follows: An Act amending the charter of the City of Waycross, Georgia; providing for the use of voting Page 2553 machines for casting, registering, recording and computing ballots or votes at all elections in the City of Waycross, 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 10th day of January, 1958. Ben A. Hodges, Tom A. Parker, Representatives of Ware County, Georgia. Georgia, Ware County. Personally appeared before me, the undersigned attesting witness, a notary public in and for Ware County, Georgia, Jack Williams, Jr., who, on oath, deposes and says that he is the publisher of the Waycross Journal-Herald, the newspaper published in the City of Waycross, Ware 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, 1958, January 18, 1958, and January 25th, 1958. /s/ Jack Williams, Jr. Jack Williams, Jr. Page 2554 Sworn to and subscribed before me, this the 4th day of February, 1958. /s/ Louise Breen, (Seal) Notary Public, Ware Co., Georgia. My Commission Expires August 9, 1960. Approved March 17, 1958. CHATTAHOOCHEE COUNTYSHERIFF'S COMPENSATION. No. 152 (Senate Bill No. 137). An Act to change the compensation of the sheriff of Chattahoochee County; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The sheriff of Chattahoochee County shall receive as compensation, in addition to all other fees and compensation as provided by law, the sum of six hundred dollars ($600.00) annually, to be paid in equal monthly installments out of the treasury of Chattahoochee County. Section 2. At least two months prior to the date of the statewide primary election in September of 1958, it shall be the duty of the Ordinary of Chattahoochee County to issue the call for an election for the purpose of submitting this Act to the voters of Chattahoochee County for approval or rejection. The ordinary shall set the date of such election for the same day as the statewide primary election in September of 1958 is held. The ordinary shall cause the date and purpose of the election on this question to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chattahoochee County. Referenedum. Page 2555 The ballot shall have written or printed thereon the words: For approval of the Act changing the compensation of the Sheriff of Chattahoochee County. Against approval of the Act changing the compensation of the Sheriff of Chattahoochee 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 as provided hereinbefore. 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 Chattahoochee County. It shall be the duty of the ordinary to hold and conduct such election. It shall be 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 of the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1958. MUNICIPAL COURT OF AUGUSTAJUDGE'S SECRETARY. No. 153 (House Bill No. 1113). 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; 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; and to authorize the employment, appointment and compensation of a secretary for the Judge of the Municipal Court, City of Augusta, and to define his or her powers and duties; to repeal all conflicting and unnecessary laws, and for other purposes. Page 2556 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 the Acts of the General Assembly, Acts of 1957, pages 3057-3084, which Acts relate to the Municipal Court, City of Augusta, Richmond County, Georgia, be, and the same are hereby amended, by adding thereto said Acts a section, which shall be designated as section 9-A, and shall read as follows: to-wit: Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 9-A: Be it further enacted by the authority aforesaid that the Judge of Municipal Court, City of Augusta, Richmond County, Georgia, shall have the power to appoint, and at pleasure to remove a secretary to serve the judge of said court. Such secretary shall take all stenographic notes, transcribe the same, required by Page 2557 the judge of said court, and do and perform such other duties as the judge of said courts may require at chambers, or in court. And said secretary, if and when so appointed under the terms of this Act, shall have the same powers and authority and exercise all the functions and be subject to all responsibilities and requirements of the clerk of said court. The salary of the secretary of said court shall be twenty-seven hundred ($2,700.00) per annum; and 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 county and charged as a part of the court expenses of the said court. Judge's secretary. Section 2. Be it further enacted 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 3. Be it further enacted by the authority aforesaid, that all laws and parts of law in conflict herewith, be and the same is hereby repealed. State of Georgia, Richmond County. Personally appeared before the undersigned, an officer duly authorized to administer oaths, came Carl Sanders, W. W. Holley, J. B. Fuqua, Bernard F. Miles, 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 Herald, a newspaper of general circulation in Augusta, Richmond County, Georgia, and the legal gazette for sheriff's advertisements on January 14th, 21st, 28th, 1958. /s/ Carl E. Sanders, Senator, 18th Senatorial Dist. /s/ J. B. Fuqua, Representative, Richmond County, Ga. Page 2558 /s/ W. W. Holley, Representative, Richmond County, Ga. /s/ Bernard F. Miles, Representative, Richmond County, Ga. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My commission expires October 4, 1960. Notice of Intention to Introduce Local Legislation. Notice is hereby given to the public that the undersigned will introduce at the 1958 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 1957, pages 3057-3084, which is 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; 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. Page 2559 The local legislation which is to be introduced will be as follows: Authorization to employ, appoint and compensate a Secretary for the Judge, Municipal Court, City of Augusta. This 31st day of January, 1958. /s/ Bernard F. Miles, Representative, Richmond County, Ga. /s/ W. W. Holley, Representative, Richmond County, Ga. /s/ J.B. Fuqua, Representative, Richmond County, Ga. /s/ Carl E. Sanders, Senator, 18th Senatorial Dist. Affidavit of Publication. Attorney or Agency, Bernard F. Miles, Representative of Richmond County, Ga. State of Georgia, Richmond County. Personally appeared, Marie LeRoy, who being duly sworn says that she is an officer of the 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 legislation duly appeared in said newspaper on the following dates to-wit: January 14, 21, 28, 1958. /s/ Marie LeRoy, Secretary. Sworn to and subscribed before me, this 31st day of January, 1958. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. (Seal). My commission expires July 13, 1959. Page 2560 Notice of Intention to Introduce Local Legislation. Notice is hereby given to the public that the undersigned will introduce at the 1958 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 1957, pages 3057-3084, which is 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; 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. The local legislation which is to be introduced will be as follows: Authorization to employ, appoint and compensate a Secretary for the Judge, Municipal Court, City of Augusta. This 10th day of January, 1958. Bernard F. Miles, Representative, Richmond County, Ga. Approved March 17, 1958. Page 2561 CITY OF ATLANTACORPORATE LIMITS. No. 154 (House Bill No. 700). 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 and embrace within the corporate limits of the City of Atlanta all the territory lying within the following boundary lines: All of land lots 45 and 46 of the 14th district of Fulton, formerly Fayette County, Georgia. Corporate 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 Page 2562 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 and receivers, municipal revenue collector, marshal, clerk of the board of aldermen, building inspector, judges of municipal court of Atlanta, 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. Corporate powers. Section 4. All laws or parts of laws in conflict herewith are hereby repealed. Section 5. This Act is effective upon its approval by the Governor. Effective date. Georgia, Fulton County. Personally appeared before me, the undersigned, M. M. Smith, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality 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 1958 Page 2563 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1958, 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 12th day of December, 1957. J. C. Savage, City Attorney, City of Atlanta. Dec. 13, 20, 27tfn. This 16th day of January, 1958. /s/ M. M. Smith. Sworn to and subscribed before me, this the 16th day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My commission expires October 4, 1960. Approved March 17, 1958. DeKALB COUNTY PENSION SYSTEM ACT AMENDED. No. 155 (House Bill No. 937). An Act to amend an Act approved January 11, 1954, and known as the DeKalb County Pension System Act (Ga. L. 1953-Nov.-Dec. Sess. p. 3198), as to provide for the designation of beneficiaries by members of said pension system; to repeal conflicting laws; and for other purposes. Page 2564 Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 8 of the DeKalb County Pension System Act, approved January 11, 1954, (Ga. L. 1953Nov.-Dec. Sess. p. 3198), is hereby amended by striking said section in its entirety and by substituting in lieu thereof a new section to be known as section 8, and to read as follows: Section 8. In the event that a member dies prior to retirement, the total amount that such member has paid into the pension fund shall be paid to the beneficiary designated by such member in writing and filed with the secretary of said pension board, and in the event that no beneficiary has been so designated or is not then living, the same shall be paid to the widow or widower of such member, and if no widow or widower, to his next of kin as a death benefit. Designation of beneficiaries. 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, 1958, session of the General Assembly of Georgia, a bill to amend the DeKalb County Pension System Act so as to provide for the designation of beneficiaries by employees covered thereby; and for other purposes. This 7th day of January, 1958. W. Hugh McWhorter, Guy W. Rutland, Jr., James A. Mackay, Representatives, DeKalb County. Page 2565 1-9-3t. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation was duly published once a week for three weeks as required by law; said dates of publication being January 9, 16, 23, 1958. The DeKalb New Era. /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 24th day of January, 1958. /s/ Ann Hardy, Notary Public, DeKalb County, Georgia. (Seal). My commission expires July 26, 1961. Approved March 17, 1958. TOWN OF CLERMONTCHARTER AMENDED No. 156 (House Bill No. 1052). An Act to amend an Act incorporating the Town of Clermont approved August 11, 1913, (Ga. L. 1913, p. 674). as amended so as to provide authority for the mayor and council of the Town of Clermont to acquire, construct, extend, maintain, own and operate a water works system and acquire the necessary property therefor and pay the necessary expenses incident thereto; Page 2566 to buy and sell water, to enter into contracts with, to grant easements, franchises and rights of way to public or private corporations, municipalities, partnerships, persons, and agencies, for the purpose and/or sale and/or the transmission, delivery and distribution of water, gas, electricity, telephone service and other public utilities over, in, under and on the public streets, lanes, alleys, sidewalks, parks, and other properties of and/or within said Town of Clermont for a period of months or years; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act incorporating the Town of Clermont, approved August 11, 1913, (Ga. L. 1913, p. 674, as amended), is hereby amended by adding a new section to be known as section 8-A to follow immediately after section 8 of the original Act, to read as follows: Section 8-A. The mayor and council of the Town of Clermont shall have authority to acquire, construct, and extend, maintain, own, and operate a water works system and acquire the necessary property therefor and pay the necessary expenses incident thereto, to buy and sell water, to enter into contracts, grant easements, franchises and rights of way, to public or private corporations, municipalities, partnerships, persons, and agencies, for the purchase and/or sale and/or the transmission, delivery and distribution of water, gas, electricity, telephone service and other public utilities, over, in under and on the public streets, lanes, alleys, sidewalks, parks and other properties of and/or within said Town of Clermont for a period of months or years. Public utilities. Section 2. All laws and parts of law in conflict with this act are hereby repealed. Notice of Local Legislation. We, the undersigned members of the General Assembly of Georgia from Hall County, intend to introduce into the Page 2567 General Assembly of Georgia at the January, 1958, session thereof, a bill to amend an Act incorporating the Town of Clermont, approved August 11, 1913 (Ga. L. 1913, p. 674), as amended, so as to provide authority for the mayor and council of the Town of Clermont to acquire, construct, and extend, maintain, own and operate a water works system and acquire the necessary property therefor and pay the necessary expenses incident thereto, to buy and sell water, to enter into contracts, grant easements, franchises, and rights of way to public or private corporations, municipalities, partnerships, persons, and agencies, for the purchase and/or sale, and/or the transmission, delivery and distribution of water, gas, electricity, telephone service and other public utilities over, in under and on the public streets, lanes, alleys, sidewalks, parks and other properties of and/or within said Town of Clermont, for a period of months, or years; to repeal conflicting laws and for other purposes. Howard T. Overby, William B. Gunter, Representatives, Hall County, Georgia. Georgia, Fulton County. Personally appeared before me the undersigned officer authorized to administer oaths in and for said county and state came Howard T. Overby and William B. Gunter, who, on oath deposes and says that they are Representatives from Hall County, Georgia, to the General Assembly of Georgia and that the attached copy of notice of local legislation was published in the Daily Times, the official organ of Hall County, Georgia, on the following dates: December 31, 1597, January 7, 1958, January 14, 1958 and January 21, 1958. /s/ Howard T. Overby, /s/ Wm. B. Gunter. Page 2568 Sworn to and subscribed before me, this 10th day of February, 1958. /s/ Arthur K. Bolton, Notary Public, Spalding County, Georgia. Approved March 17, 1958. CITY OF CANTONCHARTER AMENDED. No. 157 (House Bill No. 994). An Act to amend an Act creating a new charter for the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, so as to provide for a permanent voters registration list for the City of Canton; 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 Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, is amended by striking from section 48 thereof the words, which shall be open for registration on the first day of November each year, and closed two days before any election to be held, and inserting in lieu thereof the words, which shall be open for registration at all times, except for a period of thirty (30) days preceding any election to be held, and by striking from said section the words, Said books shall be in the possession of the managers of any election; provided, no one will be required to register a second time in order to vote in any special election held during that year, and inserting in lieu thereof the words, Said books shall be permanent records kept by the clerk and shall be furnished the managers of any election. No person shall be required to re-register unless he shall have ceased to be a resident of the City of Canton, so that said section shall read as follows: Page 2569 Section 48. Be it further enacted, that it shall be the duty of the clerk of council of the City of Canton to keep at his office a book for the registration of voters of said city, which shall be open for registration at all times, except for a period of thirty (30) days preceding any election to be held. No person shall be allowed to vote unless he is properly registered. All persons shall be allowed to register and vote who are qualified to vote for members of the General Assembly of Georgia, and who have paid all taxes required by the laws of said State, both State and county taxes, and who have paid all taxes and fines due said City of Canton, and who have resided in this State one year, in the county six months and in the town three months, are twenty-one years old, and shall make oath or affirmation in the following manner: `I do swear, or affirm, that I am a citizen of the United States, that I am twenty-one years of age, or will be on theday ofof this calendar year; that I have resided in this State for one year, in this county six months, and in this city for three months, immediately proceeding the date of this oath, or will have so resided on theday ofof this calendar year; that I have paid all taxes which, since the adoption of the Constitution of 1877, have been required of me, and have paid all fines and taxes due the City of Canton; that I possess the qualifications of an elector required by the Constitutional amendment adopted in 1908; and am qualified to vote for members of the General Assembly of this State; and that I am not disfranchised from voting by reason of any offense committed against the laws of this State or city.' This oath shall be written or printed on the first page of said registration book, or near the first page thereof, and any person desiring to be registered as a voter may apply to the clerk and after reading said oath, or having same read to him, shall subscribe the same by signing his name in said voters book underneath the oath above described, or on some page following said oath. The clerk shall administer said oath before allowing any person to sign said voters book. Said books shall be permanent records kept by the clerk and shall be furnished the managers Page 2570 of any election. No person shall be required to re-register unless he shall have ceased to be a resident of the City of Canton. Voter registration lists. 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 1958 session of the General Assembly of Georgia, a bill to provide for a permanent voters' registration list for the City of Canton; and for other purposes. This 15th day of January, 1958. 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: Jan. 16, 23, 30, 1958. /s/ Carl Barrett, Representative, Cherokee County Sworn to and subscribed before me, this 4th day of February, 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My commission expires Oct. 10, 1961. Approved March 17, 1958. Page 2571 CITY OF CEDARTOWNCHARTER AMENDED. No. 158 (House Bill No. 963). 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, so as to change the maximum fine limitation; 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. p. 1595), as amended, is hereby amended by striking from section 32, the words and figure one hundred ($100.00) dollars, and inserting in lieu thereof the words and figure three hundred ($300.00) dollars, so that when so amended, section 32 shall read as follows: Section 32. Be it further enacted by the authority aforesaid, That said commission shall have power and authority to prescribe by ordinance adequate penalties for all offenses against the laws and ordinances of said city, and to punish offenders by fine not to exceed three hundred ($300.00) dollars, imprisonment in the city jail, or Polk County jail, not to exceed 60 days, or sentence to work on the streets of said city not to exceed three months, any one or more or any part of any one or more of said punishments, in the discretion of the recorder or any officer trying the offender. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the January, 1958 session of the General Assembly of Georgia, a bill to amend the Act incorporating the City of Cedartown, approved March 29, 1937 (Ga. L. 1937, p. 1595), so as to change the maximum fine limitation; and for other purposes. Page 2572 This 14th day of January, 1958. /s/ John Pickett, Representative, Polk County. Georgia, Polk County. Before me, an officer of said State authorized to administer oaths, personally came Jack Stuff, who, having been duly sworn, deposes and says that he is publisher of the Cedartown Standard, the official organ of Polk County, Georgia, and that the attached notice in regard to a bill to change the maximum fine limitation in the charter of the City of Cedartown was published in said paper three times, to-wit: On Jan. 15, 22, 29, 1958. /s/ Jack Stuff, Jack Stuff. Sworn to and subscribed before me, this 29th day of January, 1958. /s/ Shirley E. Lindsey, Notary Public, Polk County, Georgia. (Seal). My commission expires Jan. 13, 1960. Approved March 17, 1958. COUNTY BOARDS OF TAX ASSESSORS IN CERTAIN COUNTIES. No. 159 (House Bill No. 1015). An Act to provide that the term of office of members of the county board of tax assessors in all counties in the State of Georgia having a population of not less than 30,500 nor more than 31,000 by the United States Census of 1950 or by any future United States Census, shall be one year and until their successors are duly appointed and qualified, and for other purposes. Page 2573 Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That in all counties of the State of Georgia having a population of not less than 30,500 nor more than 31,000 according to the United States Census of 1950, or of any future United States Census, the members of the board of tax assessors in such counties shall be appointed for a term of one (1) year and until their successors are duly appointed and qualified; provided that the members of the board of tax assessors, serving in such counties at the time this Act becomes effective shall continue in office during the calendar year that this Act becomes effective and the board of commissioners of roads and revenues, or other governing authority, in such counties shall elect their successors at the first meeting of the governing authority following the calendar year that this Act becomes effective. Counties where applicable. Section 2. All laws or 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 publisher of the Cedartown Standard, which is the official organ of Polk County, Georgia, and that the attached advertisement of, To repeal conflicting laws was published in said paper on January 23, 30 and February 6, 1958. /s/ J. W. Stuff, Publisher. Page 2574 Sworn to and subscribed before me, this 6th day of February, 1958. /s/ Mrs. Herbert De Arman, Notary Public. (Seal). My commission expires February 6, 1961. Legal Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1958 session of General Assembly of Georgia a bill to change the term of office of the members of the county board of tax assessors, to repeal conflicting laws and for other purposes. Fields Whatley, Clerk, Commissioners of Roads and Revenues, Polk County, Georgia. 26-Jan. 23, 30, Feb. 6. Approved March 17, 1958. HOUSTON COUNTYBOARD OF COMMISSIONERS. No. 161 (Senate Bill No. 230). An Act to amend an Act creating a Board of County Commissioners for the County of Houston, State of Georgia, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2575), and an Act approved March 7, 1955 (Ga. L. 1955, p. 3217), so as to increase the number of commissioners from three to five; to provide for commission posts and dates of election therefor; to provide for the filling of vacancies; to provide for bonds of commissioners; to Page 2575 provide a clerk or secretary of the commissioners and to fix his duties and compensation; to provide for a superintendent of roads and bridges and to fix his duties and compensation; to ratify, confirm and validate compensation paid to commissioners under the amendatory Acts of 1953 and 1955; 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 the County of Houston, State of Georgia, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2575) and an Act approved March 7, 1955 (Ga. L. 1955, p. 3217), is hereby amended by striking section 2 in its entirety and in lieu thereof inserting the following: Section 2. Be it further enacted by the authority aforesaid, that said board of county commissioners shall consist of five members to be elected by the people of the county from the county at large, and shall serve for a term of four years, or until their successors are elected and qualified. In order to be eligible for said office said commissioners shall be qualified voters of said County of Houston and shall have resided in said county at least two years prior to the date of beginning any term of service. Provided further that for the purposes of this Act, each of said five commissioners shall occupy a `Commission Post,' same numbered one through five, inclusive. Eligibility for occupancy of Post Numbered One and Two shall be restricted to qualified voters who have resided for a period of at least one year prior to the date of beginning any term of service, in the following Militia Districts of Houston County: Upper Town, Lower Town, Twelfth, Old Thirteenth, New Thirteenth, and Fourteenth. Eligibility for occupancy of Posts Numbered Three, Four and Five shall be restricted to qualified voters who have resided for a period of at least one year prior to the date of beginning any term of service, in the Page 2576 following Militia Districts of Houston County: Upper Fifth, Lower Fifth, Tenth, Upper Eleventh, and Lower Eleventh. Provided further, in any election for Posts Numbered Four and Five, candidates shall seek election without regard for Posts Numbers, and the two candidates with the highest number of votes shall be deemed nominated or elected to said Posts Numbered Four and Five. Provided further that term of office for county commissioners elected to Post One and Post Three shall commence on the first day of January 1959, and every four years thereafter, and term of Office for County Commissioners elected to Posts Numbered Two, Four, and Five shall commence on the first day of January 1961, and every four years thereafter. Successors to the commissioners shall be elected at the general election held in the year that the term of office of a commissioner expires. Section 2. Said Act, as amended, is further amended by striking section 4 in its entirety and in lieu thereof inserting the following: Section 4. All vacancies in the membership of the board of commissioners occurring in less than one year of the expiration of such term of office shall be filled by appointment of a duly qualified person by the ordinary of the county, and such appointee shall be commissioned and hold office until his successor is elected and qualified; and all vacancies occurring in the membership of the board more than one year prior to the expiration of the term of office shall be filled by a special election called by the ordinary of the county in the same manner as in the case to fill vacancies in other county offices, and the person so elected shall be commissioned and hold office until the expiration of said unexpired term and until his successor is elected and qualified. The expense of any such special election shall be paid out of the general funds of the county. Vacancies. Each commissioner before entering upon the discharge of duties, and each of their successors in office, Page 2577 shall give a bond in the sum of $2,500.00, in a good and solvent fidelity and guaranty company payable to the county conditioned for the faithful discharge of the duties of his office. Said bonds and the securities thereon shall be first approved by the ordinary of the county and then filed and recorded by the ordinary as the bonds of other county officers. Costs of said bonds shall be paid from the general funds of Houston County. A majority of said board of county commissioners shall constitute a quorum for the transaction of business. Section 3. Said Act, as amended, is further amended by striking section 6 in its entirety and in lieu thereof inserting the following: Section 6. Be it further enacted by the authority aforesaid, that the board of county commissioners shall elect a clerk or secretary, whose duty it shall be to keep in well-bound books complete records of all the proceedings of the said board of county commissioners, and to do and perform all of the duties and services usual and incident to the position of clerk or secretary of such a board. Said clerk or secretary shall be elected to serve at the pleasure of the board, and he shall be paid a salary commensurate with the duties and requirements of his office, amount to be in the discretion of the board of county commissioners, same payable monthly. Said clerk or secretary shall by virtue of his office, be the purchasing agent of said county, and it shall be his duty to purchase all equipment, material and supplies for said county, of such kind and quality, and in such quantities as may be deemed necessary, all of such purchases, however, to be as far as practicable upon competitive bids, and under the direction and upon authority of the said board of county commissioners. Clerk. Before entering upon the performance of his duties, said clerk or secretary shall execute a good and solvent bond to the said board of county commissioners conditioned for the faithful performance of his duties in the sum of two thousand dollars. Page 2578 Section 4. Said Act, as amended, is further amended by striking section 7 in its entirety and in lieu thereof inserting the following: Section 7. Be it further enacted by the authority aforesaid, that the said board of county commissioners shall at their first annual meeting in each year, or as soon thereafter as practicable, elect a superintendent of roads and bridges for said County of Houston. He shall be paid a salary comensurate with the duties and requirements of his office, amount to be in the discretion of the board of county commissioners, same payable monthly. Said superintendent of roads and bridges shall have supervision and charge of the construction of all roads and bridges in the county, and the maintenance and upkeep thereof. He shall have charge and supervision of public works forces of said county and the working of the same under the direction of the said board of county commissioners. A complete written record shall be kept of the requisitions made by the said superintendent of roads and bridges upon the clerk or secretary of the said board of county commissioners for all supplies and equipment for the maintenance of the public works forces and the carrying out of the work under the supervision of said superintendent. The said superintendent of roads and bridges before entering upon the duties of his position shall execute to the said board of county commissioners a solvent bond in the sum of $1,000.00, conditioned for the faithful performance of his duties as such superintendent. Superintendent of Roads and Bridges. Section 5. The compensation paid to the members of the board of county commissioners of Houston County under the provisions of the 1953 and the 1955 amendatory Acts is hereby ratified, confirmed and adopted in its entirety. Compensation. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Enrolled Act has attached thereto evidence of advertisement, or affidavit or both. Approved March 17, 1958. Page 2579 MUSCOGEE COUNTYPENSION FUND. No. 162 (House Bill No. 832). An act to amend an Act approved March 9, 1945, entitled An Act to provide that Muscogee County shall provide 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 providing that effective June 1, 1958, employees desirous of participating in said pension fund shall pay two per cent of all back salary up to and including May 31, 1958, and shall pay three per cent of all back salary from June 1, 1958 to date of participation in said fund, and shall pay thereafter three per cent of monthly salary into the fund and an additional one per cent per month of all back pay and future monthly salary if they desire to have beneficiary benefits; and by providing that effective June 1, 1958, and thereafter, all employees participating in said pension fund shall pay three per cent of total monthly salary into the fund, and an additional one per cent if they desire beneficiary benefits; and by providing that employees who begin participation in said fund after May 31, 1958, shall not be eligible for retirement benefits until they participate in said fund for sixty (60) months after beginning participation; and by providing that employees retiring after January 1, 1963, shall be paid five dollars ($5.00) per month for each year past 25 years of accumulated service in addition to the monthly payments provided in said Act, 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 an Act approved March 9, 1945, 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 Page 2580 is set forth in Georgia Laws 1945, page 1100, approved March 9, 1945, and as amended by an Act set forth in Georgia Laws 1951, page 2018, approved January 29, 1951, and as amended by Act set forth in Georgia Laws 1955, page 2252, approved February 8, 1955, and as amended by Act set forth in Georgia Laws 1957, page 2059, approved February 11, 1957, be, and the same is, hereby amended by adding to section 2 of said Act the following: Provided, however, effective June 1, 1958, and thereafter, employees desirous of participating in said pension fund shall pay into the fund the following: (a) Two per cent (2%) of back pay as provided in Items (1) and (2) of section 2. (b) Two per cent (2%) of all actual pay thereafter until May 31, 1958. Employee contributions. (c) Three per cent (3%) of actual pay from June 1, 1958, to date of entering participation in said fund. (d) An additional one per cent (1%) of all back pay if employees elect beneficiary benefits as provided in item (6) of section 2 of this Act. (e) An additional sum equal to the amount that the payments into said Fund would have earned at four per cent (4%) interest per year, if said contributions had been made as provided in this Act from the date the employee became eligible to enter participation in said fund. (f) The total of Items (a), (b), (c), (d), and (e) shall be paid into said fund in five equal annual installments, the first installment is to be paid into said fund on the date of entering participation into said fund and the remaining four installments are to be paid into said fund on the same date of each succeeding year until all five installments are fully paid. The additional sum provided in item (e) herein shall not be includable in the amount of refund provided in this Act for a severance refund in the event of resignation, Page 2581 death, dismissal, withdrawal, or otherwise becoming ineligible for benefits as provided in this Act. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that said Act be, and the same is, hereby amended by adding to item (5) of section 2 of said Act the following: Effective June 1, 1958, and thereafter, all employees participating in said pension fund shall pay three per cent (3%) monthly of actual pay into the fund. Same. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that said Act be, and the same is, hereby amended by adding to section 5 of said Act the following: Provided, however, employees who begin participation in said pension fund after May 31, 1958, shall not be eligible for retirement benefits as provided herein until they have participated in said pension fund for sixty (60) months of accumulated service from date of entering participation in said fund. Retirement benefits, when. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that said Act be, and the same is, hereby amended by adding item (5) to section 5 of said Act as follows: (5) Employees retiring after January 1, 1963, shall be paid five dollars ($5.00) per month for each year past twenty-five (25) years of accumulated service in addition to the monthly payments provided herein. Retirement benefits. Section 5. 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. Conflicting laws. Section 6. Be it further enacted by the authority aforesaid that the General Assembly advises upon investigation and so declares that the notice of intention to apply for the enactment of this bill was published in Page 2582 the manner required by Article III, Section 7, Paragraph 15, of the Constitution of Georgia of 1945. A copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof. Georgia, Muscogee County. Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, convening January 13, 1958, for the passage of a 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 providing that effective June 1, 1958, employees desirous of participating in said pension fund shall pay two per cent of all back salary up to and including May 31, 1958, and shall pay three per cent (3%) of all back salary from June 1, 1958 to date of participation in said fund, and shall pay thereafter three per cent (3%) of monthly salary into the fund, and an additional one per cent (1 per cent) per month of all back pay and future monthly salary if they desire to have beneficiary benefits; and by providing that effective June 1, 1958, and thereafter, all employees participating in said pension fund shall pay three per cent (3 per cent) of total monthly salary into the fund, and an additional one per cent (1 per cent) if they desire beneficiary benefits; and by providing that employees who begin participation in said fund after May 31, 1958, shall not be eligible for retirement benefits until they participate in said fund for sixty (60) months after beginning participation; and by providing that employees retiring after January 1, 1963, shall be paid five dollars ($5.00) per month for each year past 25 years of accumulated service in addition to the monthly payments provided in said Act, and for other purposes. Page 2583 This 24th day of December, 1957. Board of Trustees, Muscogee County Pension Fund, /s/ Hubert Calhoun, Hubert Calhoun /s/ Ralph I. King, Ralph I. King /s/ W. J. Long, W. J. Long. 12-30, 1-6, 13. Affidavit of Publication. Georgia, Muscogee County. Personally appeared before the undersigned M. 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 30, 1957 and January 6 and 13, 1958. /s/ M. R. Ashworth. Sworn to and subscribed before me, this 14th day of January, 1958. /s/ Wallace A. Kitchen, (Seal). Notary Public, Muscogee County, Georgia. My commission expires Feb., 1958. Approved March 17, 1958. Page 2584 TOWN OF STAPLETONCHARTER AMENDED. No. 163 (House Bill No. 1033). An Act to amend an Act incorporating the Town of Stapleton (formerly Spread), approved August 15, 1903 (Ga. L. 1903, p. 668), as amended, particularly by an Act approved August 17, 1917 (Ga. L. 1917, p. 872), so as to change the terms of the mayor and councilmen of said town and the procedure connected therewith; to authorize the conveyance of certain property belonging to said town; to authorize the mayor and council to close streets and to convey property formerly included in such a street; 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 Stapleton (formerly Spread), approved August 15, 1903 (Ga. L. 1903, p. 668), as amended, particularly by an Act approved August 17, 1917 (Ga. L. 1917, p. 872), is hereby amended by striking section 3 in its entirety and in lieu thereof inserting the following: Section 3. An election shall be held on the first Wednesday in January, 1959 for the purpose of electing a mayor and five councilmen. The mayor elected at such election shall serve for a term of one year. The two councilmen receiving the largest number of votes at such election shall serve for a term of three years. The two councilmen receiving the next largest number of votes at such election shall serve for a term of two years. The councilmen receiving the next largest number of votes at such election shall serve for a term of one year. The mayor and councilmen elected at such election, and future elections, shall serve for their respective terms and until their successors are elected and qualified. Thereafter, on the first Wednesday in January of each year, an election shall be held to elect the successors to the mayor and councilmen whose terms expire that year, and the successors to the mayor and councilmen elected in 1959 Page 2585 shall serve for a term of three years and until their successors are elected and qualified. It is the intent and purpose of this amendment to change the term of the mayor and councilmen from a one year term to a three year term and to stagger the terms of the councilmen. All such elections shall be conducted in the same manner as elections for members of the General Assembly of Georgia. The mayor and councilmen shall enter upon the discharge of the duties of their respective officers as soon as they take the oath of office after election. Election and terms of mayor and council. Section 2. Said Act, as amended, is further amended by inserting a new section to be numbered section 7-A, to read: Section 7-A. The mayor and council are hereby authorized to close streets and to convey property belonging to said town formerly used as a street. Corporate powers. Section 3. Said Act, as amended, is further amended so as to authorize said town to convey the easternmost nine feet of Ivey Street between Georgia State Route No. 80 and the Old Georgia and Florida Railroad right-of-way now owned by J. P. Rabun, a distance of approximately three hundred feet in length to the Stapleton Garment Company, at a consideration to be determined by said mayor and council. Sale of property. Section 4. Said Act is further amended so as to authorize the Town of Stapleton to convey the westernmost nine feet of Ivey Street between Georgia State Route No. 80 and the old Georgia and Florida Railroad right-of-way now owned by J. P. Rabun for a distance of approximately three hundred feet to J. P. Rabun or his successors for a consideration to be determined by the mayor and council. Same. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom it May Concern: Notice is hereby given that a local bill will be introduced Page 2586 during the 1958 session of the General Assembly of the State of Georgia to amend the charter of the Town of Stapleton in Jefferson County, Georgia, in the following particulars, to-wit: 1. To change the terms of the mayor and councilmen beginning with the year 1959, by providing that said mayor and councilman be elected for staggered terms of one, two and three year terms in the election to be held in the year 1959, and that thereafter said mayor and councilmen be elected for three year terms instead of for one year terms as now provided. 2. To authorize the mayor and councilmen to sell and convey the easternmost 9 feet of Ivey Street lying between Georgia Highway 80 and the Old Georgia Florida Railroad right-of-way, and to also sell and convey the westernmost 9 feet of Ivey Street lying between the above named boundaries. This 20th day of January, 1958. J. Roy McCracken, Representative, Jefferson County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy McCracken, who, on oath, deposes and says that he is Representative from Jefferson County, and that the attached copy of notice of intention to introduce local legislation was published in the News and Farmer which is the official organ of said county, on the following dates: January 23 and 30, 1958, and February 6, 1958. /s/ J. Roy McCracken, Representative, Jefferson County. Page 2587 Sworn to and subscribed before me, this 10th day of Feb., 1958. /s/ John Tye Ferguson, (Seal). Notary Public. My commission expires Oct. 10, 1961. Approved March 17, 1958. SPARTA BAPTIST CHURCHCHARTER AMENDED. No. 164 (Senate Bill No. 260). An Act to amend an Act incorporating certain churches and campgrounds, and appointing trustees for the same, approved December 23, 1833 (Ga. L. 1833, p. 44), as amended, so as to strike certain provisions limiting the authorization of the deacons of the Sparta Baptist Church to alien or convey church property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating certain churches and campgrounds, and appointing trustees for the same, approved December 23, 1833 (Ga. L. 1833, p. 44), as amended by striking from section 12 of said Act the words, Provided, that they shall not be authorized to alien or convey any property of said church, without the consent of a majority of the male members thereof, so that said section, as amended hereby, shall read: Authority to alien or convey property Section 12. And be it enacted by the authority aforesaid, that said trustees shall be capable of accepting and being invested with all manner of property, real and personal, by gift, grant or purchase, and all the privileges and immunities now appertaining to said church, and which may hereafter be acquired, and of holding and enjoying the same for the use and benefit of said church; and that when deacons of said church shall be elected, all the property, rights, privileges, benefits and immunities belonging to said trustees shall be vested in such persons as shall be elected deacons, and they and their successors shall have, hold and enjoy all the property of said church, as trustees of said church, and shall thenceforth be known for all civil purposes as the trustees of the Sparta Baptist Church, and shall be invested with and have and enjoy all the property, rights, privileges, benefits and immunities appertaining to said church, and hereby granted to the persons herein before named and their successors, and the functions of said persons named herein, shall thenceforth cease. Page 2588 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Enrolled Act has attached thereto evidence of advertisement, or affidavit, or both. Approved March 17, 1958. CITY COURT OF MACONDEPUTY CLERKS. No. 165 (House Bill No. 1097). 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 is jurisdiction and powers; and provide for the appointment of a judge, and the other officers thereof, and for other purposes, approved August 14, 1885, and the Acts amendatory thereof, approved August 15, 1915, July 24, 1920, August 10, 1921, August 21, 1925, August 15, 1929, March 10, 1933, and particularly an amendatory Act approved March 15, 1935 and as set forth in Georgia Laws 1935, page 532, et seq., and any and all other Acts amendatory of the aforesaid act approved August 14, 1885; to amend section 7 so as to provide the office for one or more additional deputy clerks of said court and for the Page 2589 appointment, compensation and tenure of office of incumbents 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. Section 7 of the Act creating the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470-479), and as said Act and section have been amended and changed, and particularly as said section 7 was recast, changed and reenacted by an Act, approved March 15, 1935 (Ga. L. 1935, p. 532, et seq.), be further amended by adding thereto and at the end thereof the following: Positions for one or more additional deputy clerks may be created, from time to time, by authority, jointly exercised, of the then judge of said court and county board of commissioners. Appointments to such positions shall be made by the judge but the tenure of any incumbent shall continue only so long as the aforesaid judge and board are jointly agreeable thereto. The compensation of such additional deputy clerks shall be determined by the afersaid county board of commissioners. The additional deputy clerks shall each give bond with good security, to be approved by the judge, in the sum of $3,000.00, conditioned to account for all money received as deputy clerk and for the faithful discharge of the duties of office. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Virginia Royal who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make Page 2590 this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates: January 13, 1958, January 20, 1958, January 27, 1958. /s/ Virginia Royal. Sworn to and subscribed to before me, this 27th day of January, 1958. /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 legislation which will amend present laws affecting the City Court of Macon, so as to provide for the office of one or more additional deputy clerks of said court; to provide the method for determing the compensation of such officers; to provide that such office or offices shall be filled and tenure of the incumbent determined, from time to time, jointly by the undersigned and the judge of said court; to provide that incumbents of such office or offices shall be selected by such judge; and for other provisions directly relevant to the above stated purposes. County Board of Commissioners for the County of Bibb, By: Ellsworth Hall, Jr., County Attorney. 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 bill, and that the foregoing notice of intention to apply for passage and approval of the same appeared in Page 2591 the Macon News, once a week for three consecutive weeks, to-wit: on the 13th, 20th and 27th days of January, 1958, during a period of sixty days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the sheriff of the County of Bibb were and are published. /s/ J. Douglas Carlisle. Sworn to and subscribed before me, this 11th day of February, 1958. /s/ Marvin L. Summers, Notary Public, Georgia, State at Large. Approved March 17, 1958. CHATHAM COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 166 (Senate Bill No. 264). An Act to amend an Act prescribing the compensation for the Tax Commissioner of Chatham County, approved March 5, 1957 (Ga. L. 1957, p. 2357), so as to change the minimum amount of such compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act prescribing the compensation for the Tax Commissioner of Chatham County, approved March 5, 1957 (Ga. L. 1957, p. 2357), 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. From and after the approval of this Act, the salary and/or compensation of the Tax Commissioner of Chatham County shall be fixed by the county commissioners and ex-officio judges of Chatham County, but shall not be less than $10,000.00 per year. Page 2592 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Enrolled Act has attached thereto evidence of advertisement, or affidavit, or both. Approved March 17, 1958. CITY OF ATLANTACHARTER AMENDED. No. 167 (House Bill No. 865). 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 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 an Act approved March 20, 1939, (Ga. L. 1939, p. 841) which said Act is an amendment to the Act set forth in the caption to this Act, be and the Page 2593 same is further amended by striking from the twelfth line of the tenth section of said act the following words: citizens of the City of Atlanta so that, as amended, said section 10 shall read as follows: Section 10. Examinations. Each eligible register shall consist of a list of all the persons who have shown by competitive tests that they possess the qualifications which entitle them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or any other demonstration of fitness as the director may determine. Such tests shall be competitive, free and open to all persons who may be lawfully appointed to any position in the class for which they are held, with such limitations as to age, health, habits, character and other qualifications as may be considered desirable by the director and specified in the public announcement of the test. Public notice of the time, place and general scope of every test shall be given. Employees. Section 2. 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 duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for the locality 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 Page 2594 to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1958, 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 establshing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This 12th day of December, 1957. J. C. Savage, City Attorney, City of Atlanta. Dec. 13, 20, 27 tfn. This 29th day of January, 1958. /s/ Ralph McClelland. Sworn to and subscribed before me, this the 29th day of January, 1958. /s/ Janette Hirsch, (Seal). Notary Public, Georgia, State at Large. My commission expires October 4, 1960. Approved March 17, 1958. CITY OF MARIETTACHARTER AMENDED. No. 168 (House Bill No. 819). An Act 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 Page 2595 the City of Marietta, and the Acts amendatory thereof, so as to change the corporate limits of said city; to change the election hours in said city; to change the Marietta Civil Service System Act so as to provide for suspension of members without pay, to change the probation period for members, to provide for appeals by members; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Marietta in the County of Cobb be, and the same is, hereby amended as follows: Section 1. An Act creating a new charter for the City of Marietta approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, is hereby amended by striking section two (2) thereof in its entirety and in lieu thereof inserting the following: Section 2. Corporate Limits. Any other provisions of the charter of the City of Marietta to the contrary notwithstanding, the corporate limits of the City of Marietta shall extend and include all that area lying and being in the 16th, 17th, 19th, and 20th districts 2nd section of Cobb County, State of Georgia, embraced and lying within the following boundary lines: Beginning at a point in land lot No. 1071 in the sixteenth district and second section of Cobb County, Georgia, four hundred feet north of the center line of the Allgood Road and five hundred feet east of the center line of the four lane highway, which said point is marked with a concrete marker; running thence southeasterly five hundred feet east of and parallel to the four lane highway for a distance of 400 feet to the center line of Allgood Road; thence north 19-03 east along the center line of Allgood Road for a distance of 400 feet to the northern boundary of land lot 1071; thence north 88-37 east along the northern boundary of land lot 1071 a distance of 25 feet to a point on the right-of-way line of Barnes Mill Road; thence northeasterly along the south Page 2596 R/W line of Barnes Mill Road for a distance of 2823.7 feet to a point located in land lot 997; thence south 28-30 east a distance of 263 feet to a point; thence south 42-15 east a distance of 299 feet to a point located in land lot 1020; thence south 61-45 west for a distance of 202.5 feet to a point; thence south 40-35 east for a distance of 79 feet to a point; thence south 49-25 west for a distance of 258 feet to a point; thence south 50-33 west for a distance of 1045.3 feet to a point on the eastern boundary of land lot 1019; thence south 88-37 west for a distance of 833.4 feet to a point, said line being 40 feet north of and parallel to the southern boundary of land lot 1019; thence north 33-08 west a distance of 200.5 feet to a point; thence south 56-22 west a distance of 400 feet to a point on the southern boundary of land lot 1019; thence north 88-37 east along the northern boundary of land lot 1070 for a distance of 1279.1 feet to the northeast corner of land lot 1070; thence south 1 13-30 east along the eastern boundary of land lot 1070 a distance of 1480 feet to the southeast corner of land lot 1070; thence south 88 59-40 west along the southern boundary of land lot No. 1070 for a distance of 500 feet to a point; located 500 feet east of the four lane highway running thence southeasterly five hundred feet east of and parallel to the four lane highway for a distance of 620 feet to the center line of Sopes Creek; thence northeasterly along the center line of Sopes Creek a distance of 1110 feet to the southwest corner of lot No. 18 of the Delta Builders, Inc. subdivision; thence southeasterly along the southern boundary of lot No. 18 of said subdivision a distance of 365 feet to the center line of Wilshire Avenue; thence southeasterly along the southern boundary of lot No. 22 of said subdivision for a distance of 180 feet to a point on the eastern boundary of the Delta Builders Inc., subdivision; thence southwesterly for a distance of 250 feet to a point; thence south 45 00 west for a distance of 200 feet to a point; thence south for a distance of 30 feet to a point on the northern boundary of land lot 1092; thence north 89-10 east along the northern boundary of land lot 1092 a distance of 760 feet to the northeast corner of land lot Page 2597 1092; thence south along the eastern boundary of land lot 1092 for a distance of 930 feet to a point; thence south 54-00 west for a distance of 355 feet to the center line of Barnes Mill Drive; thence southeasterly along the center line of Barnes Mill Drive for a distance of 335 feet to a point on the center line of Barnes Mill Road; thence northeasterly along the center line of Barnes Mill Road a distance of 2833 feet to a point in land lot 1094; thence north 23-29 west along the western boundary of lot No. 16, block A, Bonnie Dell subdivision a distance of 204.5 feet to a point on the southern boundary of lot No. 8, Bonnie Dell subdivision; thence north 66-45 west along the southern boundaries of lots No. 8, No. 6, No. 7 and part of lot No. 5, block A, Bonnie Dell subdivision for a distance of 260.9 feet to a point; thence south 67-18 west for a distance of 214.5 feet to the southeast corner of lot No. 1, block A, Bonnie Dell subdivision; thence south 89-52 west along the southern boundary of lot No. 1, Bonnie Dell subdivision a distance of 76.3 feet to a point on the east R/W line of Baker Lane; thence south 89-52 west a distance of 50.7 feet to the west R/W line of Baker Lane; thence south 68-10 west along the south R/W line of a connecting street between Bonnie Dell Drive and Baker Lane a distance of 266 feet to a point on the east R/W line of Bonnie Dell Drive; thence south 67-50 west crossing Bonnie Dell Drive for a distance of 51.3 feet to a point on the west side of Bonnie Dell Drive; thence north 2-27 west along the west R/W line of Bonnie Dell Drive for a distance of 100 feet to the southeast corner of lot No. 1, block C, Bonnie Dell subdivision; thence south 67-46 west along the southern boundary of lot No. 1 of block C, Bonnie Dell subdivision for a distance of 223.7 feet to a point on the western boundary of land lot 1094; thence north 1-40 west along the western boundaries of land lots No. 1094 and No. 1067 a distance of 1486.1 feet to the northwest corner of lot No. 7, block E, Bonnie Dell subdivision; thence north 20-41 east along the northwest boundary of lot No. 7, block E, Bonnie Dell subdivision for a distance of 51.8 feet to a point; thence north 56-10 east along the northern boundary of lot No. 7 and part of lot No. 8, block E, Bonnie Dell subdivision for a distance of 195.4 feet to Page 2598 a point; thence north 77 49 east along the northern boundaries of lots No. 8 and No. 9, block E, Bonnie Dell subdivision for a distance of 199.3 feet to the northeast corner of lot No. 9; thence south 7 39 east along the eastern boundary of lot No. 9, block E, Bonnie Dell subdivision for a distance of 263.3 feet to the north R/W line of Bonnie Dell Drive; thence easterly along the north R/W of Bonnie Dell Drive for a distance of 203.4 feet to the southwest corner of lot No. 10, block E, Bonnie Dell subdivision; thence north 29 45 east along the northwest boundary of lot No. 10, block E, Bonnie Dell subdivision for a distance of 193.2 feet to the northwest corner of lot No. 11, block E, Bonnie Dell subdivision; thence north 58-41 east along part of the northern boundary of lot No. 11, block E of said subdivision for a distance of 109 feet to a point; thence north 56-35 east along the northeasterly boundaries of lots No. 11 and No. 12 and part of lot No. 13 of block E for a distance of 217.3 feet to a point; thence north 78-22 east long the northern boundaries of lots No. 13 and No. 14, block E, Bonnie Dell subdivision for a distance of 152 feet to the northeast corner of said lot No. 14; thence south 15-43 east along the eastern boundary of lot No. 15, Block E, Bonnie Dell subdivision for a distance of 63 feet to a point; thence south 74-05 East for a distance of 35.2 feet to the northwest corner of lot No. 16, block E, Bonnie Dell subdivision; thence south 51-02 east along the northern boundary of lot No. 16, block E, Bonnie Dell subdivision for a distance of 224.5 feet to the northwest corner of lot No. 19, block E, Bonnie Dell subdivision; thence north 30-17 east along the western boundary of lot No. 18, block E, Bonnie Dell subdivision for a distance of 106.5 feet to the northwest corner of said lot No. 18; thence south 64-30 east along the northern boundary of lot No. 18, block E, Bonnie Dell subdivision for a distance of 120.6 feet to the western R/W line of Rosalyn Drive; thence south 58-32 east along the edge of Sopes Creek and crossing Rosalyn Drive for a distance of 52.5 feet to the east R/W line of Rosalyn Drive; thence south 79-22 east for a distance of 120.6 feet to a point on the northern boundary Page 2599 of lot No. 5, block H, Bonnie Dell subdivision; thence south 45-30 east along the northern boundaries of lots No. 5, No. 3, No. 2 and No. 1, block H, Bonnie Dell subdivision for a distance of 355.9 feet to the northeast corner of said lot No. 1; thence south 26-31 west along the eastern boundary of lot No. 1, block H, Bonnie Dell subdivision for a distance of 120 feet to the north R/W line of Mountain View Drive; thence south 26-31 west for a distance of 50 feet to the south R/W line Mountain View Drive; thence south 81-00 west along the southeast boundary of lot No. 14, block G, Bonnie Dell subdivision for a distance of 165 feet to a point on the southeastern boundary of said lot, No. 14; thence south 65-40 west along the eastern boundaries of lots No. 14 and No. 10, block G, Bonnie Dell subdivision for a distance of 198.7 feet to the southeast corner of said lot No. 10; thence south 42-10 west along the eastern boundaries of lots No. 9 and No. 8, block G, Bonnie Dell subdivision for a distance of 165.1 feet to the southeast corner of lot No. 8; thence south 21-00 west along the eastern boundaries of lot No. 7 and No. 6, block G, Bonnie Dell subdivision for a distance of 160.5 feet to the southeast corner of lot No. 6; thence south 4-40 west along the eastern boundary of lot No. 4, block G, Bonnie Dell subdivision for a distance of 80.9 feet to the southeast corner of said lot No. 4; thence south 35-00 east along the eastern boundary of lot No. 3, Block G, Bonnie Dell subdivision for a distance of 107.6 feet to the southeast corner of lot No. 3; thence south 49-56 east along the eastern boundary of lot No. 2, block G. Bonnie Dell subdivision for a distance of 124 feet to the southeast corner of said lot No. 2; thence south 70-28 east along the northern boundary of lot No. 9, block I, Bonnie Dell subdivision for a distance of 124 feet to the northeast corner of said lot No. 9; thence south 64-27 east along the northern boundary of lot No. 8, block I, Bonnie Dell subdivision for a distance of 133.6 feet to the northeast corner of lot No. 8; thence south 51-58 east along the eastern boundary of lot No. 7, block I, Bonnie Dell subdivision for a distance 27.9 feet to a point; thence north 73-15 east for a distance of 502 feet to a point; thence Page 2600 north 67-22 east for a distance of 118 feet to a point; thence south 3-10 east for a distance of 300 feet to the north R/W line of Barnes Mill Road; thence south 6722 west along the north R/W line of Barnes Mill Road for a distance of 398 feet to a point; thence south 74-03 west continuing along the north R/W line of Barnes Mill Road for a distance of 35 feet to the southeast corner of lot No. 6, block I, Bonnie Dell subdivision; thence south 36-26 east for a distance of 50.7 feet to the south R/W line of Barnes Mill Road; thence south 73-15 west along the south R/W line of Barnes Mill Road for a distance of 100 feet to the center line of Wallace Road; thence southeasterly along the center line of Wallace Road for a distance of 1475 feet to a point on the northern boundary of land lot 1138; thence north 89-31 west along the northern boundary of land lot 1138 for a distance of 25 feet to the west R/W line of Wallace Road; thence south 16-43 west along the west R/W line of Wallace Road for a distance of 574.3 feet to the southeast corner of lot No. 15, Brentwood subdivision; thence north 89-31 west along the southern boundaries of lots No. 15, No. 14, No. 13, No. 12 and No. 11, Brentwood subdivision for a distance of 341.9 feet to the southwest corner of lot No. 11; thence north 0-29 east along the western boundary of lot No. 11, Brentwood subdivision for a distance of 60 feet to the southeast corner of lot No. 10, Brentwood subdivision; thence north 89-31 west along the southern boundaries of lots No. 10 and No. 7, Brentwood subdivision for a distance of 361.9 feet to a point on the eastern boundary of land lot 1139; thence south 0-22 west along the eastern boundary of land lot 1139 for a distance of 605 feet to a point; thence south 88-41 west for a distance of 1207.1 feet to a point; said line being 188 feet north of and parallel to the southern boundary of land lot 1139; thence south 1-24 east for a distance of 208.7 feet to a point 20 feet south of the southern boundary of land lot 1139; thence south 88-41 west along a line 20 feet south of and parallel to the southern boundary of land lot 1139 for a distance of 208.7 feet to a point on the eastern boundary of land lot 1165; thence south 1-24 east along the eastern Page 2601 boundary of land lot 1165 for a distance of 635 feet to a point; thence north 89-21 west a distance of 38 feet to a point 500 feet east of the center line of the four lane highway; thence southeasterly along a line 500 feet east of and parallel to the center line of the four lane highway for a distance of approximately 2062 feet to a point on the northern boundary of lot No. 93, H. C. Lassiter subdivision; thence north 67-52 east along the northern boundary of lot No. 93, H. C. Lassiter subdivision for a distance of 62 feet to a point on the west R/W line of Hagood Circle; thence south 67-40 east, crossing Hagood Circle, for a distance of 80 feet to a point on the east R/W line of Hagood Circle; thence north 75-55 east for a distance of 150 feet to a point; thence north 55-51 east for a distance of 38.1 feet to a point; thence north 89-00 east for a distance of 209 feet to a point on the west R/W line of Chert Road; thence north 1-59 west along the west R/W line of Chert Road for a distance of 496 feet to a point; thence easterly across Chert Road and along the north R/W line of South Street for a distance of 780 feet to the point of intersection of the north R/W line of South Street and the north R/W line of Varner Road; thence northeasterly along the north R/W line of Varner Road for a distance of 826.2 feet to a point; thence crossing Varner Road perpendicular to the north and south R/W lines for a distance of 50 feet to a point on the south R/W line of Varner Road; thence north 50-03 east a distance of 220 feet to a point; thence north 1-06 east for a distance of 260 feet to a point on the northern boundary of land lot 1209; thence north 85-09 east along the northern boundary of land lot 1209 for a distance of 260 feet to a point; thence south 1-34 east for a distance of 673.8 feet to a point; thence south 109 east for a distance of 735.4 feet to a point on the north R/W line of Roswell Road; running thence easterly along the north R/W line of Roswell Road for a distance of approximately 1070 feet to a point; running thence southeasterly and crossing Roswell Road, for a distance of 80 feet to a point located on the south R/W line of Roswell Road said point being the northeast corner of the East Marietta Shopping Page 2602 Center; thence southeasterly along the property line of the East Marietta Shopping Center for a distance of 37.5 feet to a point; thence southeasterly and continuing along said property line for a distance of 49 feet to a point; thence northeasterly and continuing along the property line of the East Marietta Shopping Center for a distance of 73 feet to a point on the eastern boundary of lot D, Cloverdale Heights subdivision; thence southeasterly along the eastern boundary of lot D, Cloverdale Heights subdivision for a distance of 95 feet to the southeast corner of lot D, Cloverdale Heights subdivision; thence southwesterly along the southern boundaries of lots D and E, Cloverdale Heights subdivision for a distance of 120 feet to the northeast corner of lot No. 16, Cloverdale Heights subdivision; running thence southeasterly along the northeastern boundary of lot No. 16, Cloverdale Heights subdivision for a distance of 34 feet to a point; running thence southwesterly for a distance of 100 feet to a point located on the northeastern boundary of lot No. 17, Cloverdale Heights subdivision; thence southeasterly along the northeast boundary of lot No. 17, Cloverdale Heights subdivision; for a distance of 140 feet to a point located on the west R/W line of Rosewood Circle; running thence southwesterly along the west R/W line of Rosewood Circle for a distance of 70 feet to the northeast corner of lot No. 18, Cloverdale Heights subdivision; running thence northwesterly along the northern boundary of lot No. 18, Cloverdale Heights subdivision for a distance of 190 feet to the northwest corner of said lot No. 18; thence southeasterly along the western boundary of lot No. 18, Cloverdale Heights subdivision for a distance of 110 feet to the northwest corner of lot No. 19; thence southwesterly along the western boundary of lot No. 19 of said subdivision for a distance of 120 feet to a point located on the north R/W line of Cloverdale Drive; thence westerly and southwesterly following the curvature of Cloverdale Drive for a distance of 315 feet to the northeast corner of lot No. 25, Cloverdale Heights subdivision; thence northwesterly along the northern boundary of lot No. 25 of said subdivision to a point located 25 feet east of the Page 2603 western boundary of the East Marietta Shopping Center; thence northeasterly along a line 25 feet east of and parallel to the western boundary of the East Marietta Shopping Center for a distance of approximately 323 feet to a point on the south R/W line of Roswell Road; thence westerly along the south R/W line of Roswell Road to a point 500 feet east of the center line of the four lane highway; thence southeasterly along a line 500 feet east of and parallel to the center line of the four lane highway for a distance of approximately 1875 feet to a point on the center line of Freys Gin Road; thence northerly along the center line of Freys Gin Road for a distance of 358 feet to a point; thence east for a distance of 1000 feet to a point on the western boundary of land lot 1281; thence north for a distance of 750 feet to a point on the center line of Wylie Drive; thence northeasterly along the center line of Wylie Drive for a distance of 523 feet to the south R/W line of Powers Ferry Road; thence northwesterly along the south R/W line of Powers Ferry Road to a point located 25 feet south of the south R/W line of Roswell Road; thence easterly along a line 25 feet south of and parallel to the south R/W line of Roswell Road and crossing Powers Ferry Road to a point on the north R/W line of Powers Ferry Road; thence southeasterly along the north R/W line of Powers Ferry Road for a distance of 840 feet to the southwest corner of lot No. 11, Hattie D. and O. L. Dickerson subdivision; thence north 10-20 east along the western boundary of lot No. 11, Hattie D. and O. L. Dickerson subdivision for a distance of 177 feet to the northwest corner of said lot No. 11; thence south 80-00 east along the northern boundary of lot No. 11, Hattie D. and O. L. Dickerson subdivision for a distance of 50 feet to the northeast corner of said lot No. 11; thence south 10-20 west along the eastern boundary of lot No. 11; Hattie D. and O. L. Dickerson subdivision for a distance of 184.3 feet to a point on the north R/W line of Powers Ferry Road; thence southeasterly along the north R/W line of Powers Ferry Road for a distance of 151.7 feet to the southwest corner of lot No. 15, Hattie D. and O. L. Dickerson subdivision; thence north 10-20 Page 2604 east along the western boundary of lot No. 15, Hattie D. and O. L. Dickerson subdivision for a distance of 206.4 feet to the northwest corner of said lot No. 15; thence south 80 -00 east along the northern boundaries of lots No. 15 and No. 16, Hattie D. and O. L. Dickerson subdivision for a distance of 100 feet to a point on the west R/W line of Charles Avenue; thence south 10-00 west along the west R/W line of Charles Avenue for a distance of 246 feet to a point on the center line of Powers Ferry Road; thence southeasterly along the center line of Powers Ferry Road for a distance of 712 feet to the center line of a branch; thence south and southeasterly along the center line of said branch and the eastern boundary of the Hugh Oliver subdivision for a distance of 642 feet to the northwest corner of lot No. 113, Hugh Oliver subdivision, said corner lying on the northern boundary of land lot 1280; thence easterly along the northern boundary of land lot 1280 for a distance of 738 feet to the northeast corner of land lot 1280; thence southerly along the eastern boundary of land lot 1280 for a distance of 785 feet to the southeast corner of land lot 1280, said corner lying on the district line separating the 16th and 17th districts; running thence westerly along the district line separating the 16th and 17th districts for a distance of approximately 2200 feet to a point on the center line of Lorena Road; thence south and southeasterly along the center line of Lorena Road for a distance of 379.6 feet to a point; thence south for a distance of 681 feet to a point on the northern boundary of lot No. 53, G. R. Bentley subdivision; thence north 65-30 west along the northern boundaries of lots No. 46 through No. 53, G. R. Bentley subdivision for a distance of 748.5 feet to the northwest corner of lot No. 46; thence northeasterly along the eastern boundary of lot No. 45, G. R. Bentley subdivision for a distance of 229 feet to the northeast corner of said lot No. 45; thence north for a distance of 350 feet to a point on the district line separating the 16th and 17th districts, said point being 287 feet west of the center line of Lorena Road; thence westerly along the district line separating the 16th and 17th districts for a distance of approximately 935 feet to a point 500 feet east of the center line Page 2605 of the four lane highway; running thence southeasterly 500 feet east of and parallel to the four lane highway for a distance of approximately 2965 feet to a point on the southern boundary of land lot No. 575 in the 17th district and 2nd section of Cobb County, Georgia; thence running along the southern boundaries of land lot Nos. 575, 506, 503, 434, 431, 362, 359, 290, 287, and 218 in said 17th district and 2nd section of Cobb County, Georgia to the intersection of the north R/W line of Garrison Road, said boundary being in part the northern boundary of the Marietta Aircraft Assembly Plant property; thence running west along the northern R/W line of said Garrison Road to a point 300 feet west of Powder Spring Road said point lying on the original one mile radius city limit line of said City of Marietta; thence running in a northwesterly direction along the one mile radius city limit line to the intersection of the southern boundary of land lot No. 145 in the said 17th district and 2nd section of Cobb County, Georgia thence running west along the southern boundary of land lot No. 145 to the southeast corner of land lot No. 144; thence south along the eastern boundary of land lot No. 143 for a distance of 1235 feet to the southeast corner of said land lot; thence west along the southern boundaries of land lots No. 143, and No. 74 for a distance of 2058 feet to a point on said line; thence north along the boundary line of extnesion 3, Whitlock Heights subdivision for a distance of 417 feet to a point; thence west along the boundary line of extension 4, Whitlock Heights subdivision for a distance of 521 feet to a point on the eastern boundary of land lot No. 71; thence south along the eastern boundary of land lot No. 71 for a distance of 448 feet to the southeast corner of land lot No. 71; thence south 3-12 east for a distance of 795.2 feet to a point; thence north 89-13 east for a distance of 1252 feet to a point on the eastern boundary of land lot No. 75; thence south 1-00 east along the eastern boundary of land lot No. 75 and No. 76 for a distance of 712 feet to a point on the south R/W line of Chestnut Hill Road; running thence southwesterly along the south R/W line of Chestnut Hill Road to the northeast corner of lot No. 41, Kings Mountain subdivision; thence south 7-46 east along the eastern boundaries of lots No. 41 Page 2606 and No. 40, Kings Mountain subdivision, for a distance of 298.4 feet to a point on the north R/W line of Powder Springs Drive; thence southeasterly, crossing Powder Springs Drive, for a distance of 50 feet to a point on the south R/W line of Powder Springs Drive; thence southwesterly along the south R/W/ line of Powder Springs Drive for a distance of 80 feet to the northeast corner of lot No. 20, Kings Mountain subdivision; thence south 16-32 east along the eastern boundary of lot No. 20, Kings Mountain subdivision for a distance of 205 feet to the southeast corner of said lot No. 25; thence north 76-50 east for a distance of 158 feet to a point; thence north 82-00 east for a distance of 475 feet to a point; thence south 49-00 east for a distance of 444 feet to the north R/W line of the Marietta-Powder Springs Highway; thence southwesterly along the north R/W line of the Marietta-Powder Springs Highway for a distance of 607 feet to a point; thence northwesterly for a distance of 10 feet to a point; thence southwesterly along the north R/W line of the Marietta-Powder Springs Highway for a distance of 196 feet to a point; thence north 27-10 west for a distance of 286 feet to a point; thence south 67-50 west for a distance of 81 feet to a point on the east R/W line of Powder Springs Drive; thence south 17-27 east along the east R/W line of Powder Springs Drive for a distance of approximately 320 feet to the north R/W line of the Marietta-Powder Springs Highway; thence southwesterly along the north R/W line of the Marietta-Powder Springs Highway for a distance of 428 feet to the southwest corner of lot No. 2, Kings Mountain subdivision; thence north 25-54 west along the western boundary of lot No. 2, Kings Mountain subdivision for a distance of 348.9 feet to a point on the southern boundary of lot No. 6 of said subdivision; thence south 74-27 west for a distance of 1021.4 feet to a point on the eastern boundary of land lot No. 68; thence north 2-25 west along the eastern boundary of land lot No. 68 for a distance of 414 feet to the northeast corner of land lot No. 68; thence south 88-50 west along the northern boundary of land lot No. 68 for a distance of 333 feet to the southwest corner of lot No. 28, Kings Mountain subdivision; thence north 15-07 west for a distance of approximately Page 2607 463 feet to a point on the northwest R/W line of Chestnut Hill Road; thence northeasterly along the north R/W line of Chestnut Hill Road for a distance of approximately 870 feet to a point in land lot No. 76; thence running north 89-29 west along a line 230 feet south of and parallel to the northern boundaries of land lots No. 69 and No. 76 for a distance of 1200 feet to a point located 380 feet east of the western boundary of land lot No. 69; thence north 0-00 east along a line 380 feet east of and parallel to the western boundaries of land lots No. 69 and No. 70 for a distance of 280 feet to a point 50 feet north of the northern boundary of land lot No. 69; thence north 89-29 west along a line 50 feet north of and parallel to the southern boundary of land lot No. 70 for a distance of 330 feet to a point located 50 feet east of the western boundary of land lot No. 70; thence north 0-00 east along a line 50 feet east of and parallel to the western boundary of land lot No. 70 for a distance of 680.1 feet to a point; thence north 89 29 west for a distance of 50 feet to a point on the western boundary of land lot No. 70; thence north 0-00 east along the western boundaries of land lots No. 70, No. 71 and No. 72 for a distance of 2034.1 feet to a point; thence north 40-06 east for a distance of 283 feet to the northeast corner of lot No. 14, extension 6, Whitlock Heights subdivision; thence north 66-36 east along the northern boundaries of lots No. 15 and No. 16, extension No. 6, Whitlock Heights subdivision for a distance of 215 feet to a point; thence north 41-36 east along the northern boundaries of lots No. 16 and No. 17, extension No. 6, Whitlock Heights subdivision for a distance of 215 feet to the northeast corner of said lot, No. 17; thence north 58-21 east along the northern boundary of lot No. 1, extension No. 4, Whitlock Heights subdivision, for a distance of 230 feet to a point; thence south 89-39 east for a distance of 790.5 feet to a point located 137 feet east of the western boundary of land lot No. 73; thence northeasterly for a distance of 175 feet to a point located 220 feet east of the western boundary of land lot No. 73; thence north along a line 220 feet east of and parallel to the western boundary of land lot No. 73, for a distance of approximately 150 feet more or less to a point on the Page 2608 center line of Kirkpatrick Drive; thence northerly along the center line of Kirkpatrick Drive for a distance of 275 feet to a point on the district line separating the 16th and 17th districts of Cobb County, Georgia; thence westerly along the district line to the southwest corner of land lot No. 1294 of the 16th district and 2nd section, Cobb County, Georgia; running thence north along the western boundaries of land lots No. 1294 and No. 1227 to a point 200 feet south of the Dallas Highway; thence running west 200 feet south of and parallel to said Dallas Highway to a point on the west R/W line of South Lindley Avenue; running thence north along the west R/W line of South Lindley Avenue for a distance of 200 feet to a point on the south R/W line of the Dallas Highway; running thence westerly along the south R/W line of the Dallas Highway for a distance of approximately 1927 feet to a point; running thence south 1-00 east for a distance of 1518 feet to a point; running thence northwesterly for a distance of approximately 450 feet to a point; running thence north 85-30 west for a distance of 456 feet to a point located in land lot No. 324 of the 20th district, 2nd section, Cobb County, Georgia; running thence north 1 00 west for a distance of 839 feet to a point; running thence south 83-57 west for a distance of 303 feet to a point; running thence north 10 10 east for a distance of 233.4 feet to a point; running thence north 20-41 east for a distance of 63.3 feet to a point on the south side of the old Dallas Highway roadbed; running thence northeasterly along the south side of the old Dallas Highway for a distance of 571.2 feet to a point on the south R/W line of the new Dallas Highway; running thence westerly along the south R/W line of the Dallas Highway for a distance of approximately 670 feet to a point; running thence southeasterly for a distance of approximately 257 feet to a point on the south side of the old Dallas Highway roadbed; running thence westerly and following the curvature of the old Dallas Highway roadbed for a distance of approximately 730 feet to a point on the south R/W line of the new Dallas Highway; running thence southwesterly along the south R/W line of the new Dallas Highway for a distance of Page 2609 approximately 830 feet to the northeast corner of lot No. 1, Windsor Farms subdivision; running thence south 62-48 east for a distance of 53 feet to the southeast corner of lot No. 1, Windsor Farms subdivision; thence south 41-00 west along the southern boundary of lot No. 1, Windsor Farms subdivision, for a distance of 160 feet to a point; thence south 57-15 west and continuing along the southern boundary of lot No. 1, Windsor Farms subdivision, for a distance of 250 feet to a point; thence south 19-45 west along the southern boundaries of lots No. 1, No. 2, No. 3, and part of No. 4, Windsor Farms subdivision for a distance of 383 feet to a point; running thence south 69-45 west for a distance of 891 feet to the southwest corner of lot No. 12, Windsor Farms subdivision; running thence south 32-45 east for a distance of 713 feet to a point located on the line separating the 19th and 20th districts of Cobb County, Georgia, running thence east along the district line for a distance of 184 feet to the northeast corner of land lot No. 35 of the 19th district, 2nd section of Cobb County, Georgia; running thence south 1-30 east along the eastern boundary of land lot No. 35 for a distance of 1295 feet to the southeast corner of land lot No. 35; running thence south 89-00 west along the southern boundaries of land lots No. 35 and No. 34 for a distance of 2692 feet to the southwest corner of land lot No. 34; thence north 1-30 west along the western boundary of land lot No. 34 for a distance of 1194 feet to a point on the south R/W line of the Dallas Highway; thence continuing north 1-30 west for a distance of 80 feet to a point on the north R/W line of the Dallas Highway, said point being located in land lot No. 326, 20th district, 2nd Section, Cobb County, Georgia; thence running northeasterly along the north R/W line of the Dallas Highway for a distance of 910 feet to the southwest corner of the Kennesaw Memorial Park Cemetery; thence north 2-21 west along the western boundary of Kennesaw Memorial Park Cemtery for a distance of 2409 feet to a point on the northern boundary of land lot No. 326; thence north 89-00 east along the northern boundary of the land lot No. 326 for a distance of 642 feet to the northeast corner of Page 2610 land lot No. 326; thence north 1-30 west along the boundary of land lot No. 322 for a distance of 1289 feet to a point; thence north 73-45 east along the northern boundary of the Kennesaw Memorial Park Cemetery for a distance of 1025 feet to the northeast corner of said cemetery; running thence south and southeasterly along the eastern boundary of the Kennesaw Memorial Park Cemetery for a distance of 1939 feet to a point located on the northern boundary of land lot No. 35; thence north 89-00 east along the northern boundary of land lot No. 325 to the northeast corner of land lot No. 325; thence south 1-30 east along the eastern boundary of land lot No. 325 to a point on the north R/W line of the Dallas Highway; thence running easterly along the north R/W line of the Dallas Highway to a point on the eastern boundary of land lot No. 1223 of the 16th district, 2nd section, Cobb County, Georgia; running thence north along the eastern boundary of land lot No. 1223 to a point 300 feet north of the Dallas Road or Whitlock Avenue; thence running east 300 feet north of and parallel to said Whitlock Avenue to a point 660 feet east of the western boundary of land lot No. 1222; thence north 3-12 west for a distance of 375 feet to the southeast corner of lot No. 7, block B, Glad Acres subdivision; thence south 87-45 west along the southern boundaries of lots No. 7 and 8, block B, Glad Acres subdivision for a distance of 175 feet to the southwest corner of said lot No. 8; thence north 3-12 west for a distance of 175 feet to the center line of Faith Street; thence south 87-45 west along the center line of Faith Street for a distance of 235 feet to a point; thence north 4-30 west for a distance of 525 feet to the north R/W line of Polk Street; thence south 87-45 west along the north R/W line of Polk Street to the southwest corner of land lot No. 1155; thence north along the western boundary of land lot No. 1155 for a distance of 1330 feet to the south R/W line of Stewart Avenue; running thence east along the south R/W line of Stewart Avenue for a distance of 1326 feet to the southwest corner of the intersection of Stewart Avenue and Ridge Avenue; thence north 0-39 east along the western boundary of land lot No. 1149 for a distance of 580 feet to the northwest corner of lot No. 3, block F, unit 2, Camp Acres subdivision; Page 2611 thence north 79-58 east along the northern boundaries of lots No. 3, No. 4 and No. 5, block F, unit 2, Camp Acres subdivision for a distance of 396.6 feet to the northeast corner of said lot No. 5; thence north 70-34 east along the northern boundaries of lots No. 6 and No. 7, block F, unit 2, Camp Acres subdivision for a distance of 215 feet to the northwest corner of said lot No. 7; thence south 60-34 east along the northeast boundary of lot No. 7, block F, unit 2, Camp Acres, subdivision for a distance of 35 feet to a point intersecting the original one mile radius of the city limit line; thence running northerly along the original one mile radius city limit line to a point intersecting the east R/W line of the Louisville and Nashville Railroad; thence running north along the east R/W line of the Louisville and Nashville Railroad to a point 300 feet north of the southern boundary of land lot No. 1076 in the 16th district, 2nd section, Cobb County, Georgia; thence running east 300 feet north of and parallel to the southern boundaries of land lot No. 1076 and No. 1075 in said 16th district and 2nd section to a point 300 feet west of Campbell Hill Street in the City of Marietta, the above line being in part 300 feet north of Lacy Street in said City; thence running north 300 feet west of and parallel to Campbell Hill Street to a point on the north R/W line of Tower Road; thence west along the north R/W line of Tower Road for a distance of 249.5 feet to a point; thence north for a distance of 423 feet to a point on the north R/W line of Conger Drive; thence east along the north R/W line of Conger Drive for a distance of 600 feet to the west R/W line of Campbell Hill Street; thence south along the west R/W line of Campbell Hill Street for a distance of 447 feet to the center line of Tower Road and the northern boundary of land lot No. 1075; thence running east along the center line of Tower Road and the northern boundaries of land lots No. 1074 and No. 1075 to a point located on the east R/W line of Church Street; running thence northerly along the east R/W line of Church Street for a distance of 267.3 feet to a point, said point being the northwest corner of the Doctor's Building property; running thence north 74-42 east for a distance of 293.4 feet to a point; thence south 5-15 east for a distance of 285.1 feet Page 2612 to a point; thence south 25-31 east for a distance of 75 feet to a point; thence south 73-46 west to a point located 200 feet east of the Cherokee Street extension; thence running southeasterly 200 feet from and parallel to said Cherokee Street extension to the intersection of the east R/W line of the Canton Road; running thence north along the east R/W line of Canton Road to a point located 95 feet north of the southern boundary of land lot No. 1016; thence east 95 feet north of and parallel to the southern boundary of land lot 1016 for a distance of 305 feet to a point; thence south for a distance of 95 feet to a point on the southern boundary of land lot No. 1016; thence east along the southern boundary of land lot No. 1016 for a distance of 925 feet to a point on the east R/W line of the Georgia Power Company property; thence southeasterly along the Georgia Power Company R/W line for a distance of 1335.3 feet to the southeast corner of lot No. 25, Sequoia Hills subdivision; thence south along the eastern boundary of lot No. 26, Sequoia Hills subdivision for a distance of 46.5 feet to a point 400 feet north of Chicopee Drive; thence running 400 feet north of and parallel to Chicopee Drive to a point on the eastern boundary of land lot No. 1072 in the 16th district, 2nd section of Cobb County, Georgia; thence running northeasterly to a point 500 feet east of the four lane highway, hereinbefore mentioned and 400 feet north of the center line of the Allgood Road hereinbefore referred to the said point of beginning in land lot No. 1071 in the 16th district and 2nd section of Cobb County, Georgia, marked by a concrete marker. Section 2. Election Hours. Section one (1), Georgia Laws 1955, pages 2973-2975 pertaining to the election of a mayor and council of the City of Marietta, Georgia, and election hours and date for holding elections is hereby repealed in its entirety and a new section one (1) is hereby substituted therefor as follows: Section 1. The present mayor and councilmen of the City of Marietta shall continue in office during the terms for which they were elected and on the second Tuesday in December, 1959, and quadrenially, on said day thereafter, Page 2613 an election shall be held in said city for a mayor and seven councilmen. Said election shall be held by a justice of the peace, or ex-officio justice of the peace, and two freeholders of said city, or by three freeholders of said city; but no person who is a candidate for office at said election shall act as a manager, or clerk, thereof. The polls at the city hall shall be opened at 7:00 a.m. and shall be kept open until 7:00 p.m., and the person receiving the highest number of votes for the office voted for shall be declared duly elected, and the managers of the election shall give a certificate to that effect, which shall be recorded by the clerk of city council on the book of minutes, or other book kept for such purpose. The mayor and city council, in their discretion, may authorize a poll for each city ward for any election. The record aforesaid shall be evidence of the result of the said election, and the authority of those elected to act. No person shall be allowed to vote in said elections except he be eligible under the provisions of the Constitution of the State of Georgia to vote for the members of the General Assembly, and unless he shall have bona fide and continuously resided in said city as a citizen thereof for six months next preceding said election at which he offers to vote, and shall have registered for said election as provided for in the charter of Marietta. Any person voting at any such election in violation of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Section 3. Section nine (9) of Georgia Laws 1952, pages 2246-2265, is hereby repealed in its entirety and a new section nine (9) is hereby substituted therefor as follows: Section 9. The Civil Service Board shall make rules and regulations to carry out the purpose of this act, and for examinations, appointments and removals in accordance with its provisions, and the board may, from time to time, make such changes in such rules. The chiefs of the fire and police departments, respectively, shall, from the membership of their departments, recommend for promotion such persons as the occasion may call for to fill Page 2614 any vacancy or vacancies that may occur in said departments and all such vacancies shall be filled and promotions shall be made by the Civil Service Board. Said board shall make rules and regulations relating to the eligibility for promotion. The chiefs of the fire and police departments shall have authority to demote any member of their respective departments by and with the consent and approval of the Civil Service Board; provided, however, that upon written demand filed with the Civil Service Board within five days from the date of the order of demotion the person whom it is proposed to demote shall be given a public hearing by the Civil Service Board before any order of demotion shall be final. The chiefs of the fire and police departments shall have authority to suspend, without pay, any member of their respective departments upon cause, for periods not to exceed fifteen days, without a hearing by the Civil Service Board; suspensions for periods in excess of fifteen days shall be given pending hearing by the Civil Service Board. In the event there is a reduction in the number of firemen or policemen employed by the City of Marietta (such number is to be fixed by the mayor and council of the City of Marietta), the men last employed shall be the first to be dropped, and so on in succession. Civil Service Board. Section 4. Section twelve (12) of Georgia Laws 1952, pages 2246-2265, is hereby repealed in its entirety and a new section four (4) is hereby substituted therefor as follows: Section 12. The chiefs of the fire and police departments shall notify the Civil Service Board of any vacancy in the membership of their respective departments and the board shall furnish the chief with the name and address of the three candidates standing highest on the eligible list for such positions and the chiefs of the respective departments shall select one of the three so certified to him to fill such vacancy. All appointments shall be on probation for a period of twelve months from the date of the appointment, and at any time before the expiration date of said probationary period the chiefs of the fire and police departments, respectively, with the consent of the Page 2615 Civil Service Board, may discharge any probationer in their departments upon assigning, in writing, his reasons therefor to the board, and such probationer shall not be entitled to a hearing upon such charges. If a probationer be not discharged before the expiration of his probation, his appointment shall be deemed complete. Same. Section 5. In case of suspension or discharge of any member of the Marietta Civil Service System of the City of Marietta by the Civil Service Board, said member shall have the right of certiorari to the Superior Court of Cobb County, Georgia, as provided by the laws of the State of Georgia. Same, certiorari. Section 6. In the event any word, or portion of this Act should be declared void, illegal, or unconstitutional, the same shall not affect the remainder of the Act as it is hereby enacted to provide for separable and divisible parts and provisions in such event. Severability. Section 7. All laws parts of laws in conflict with the provisions of this Act are hereby repealed. Section 8. It appears that the following notice was published as required by the Constitution and laws of Georgia in the Cobb County Times. Georgia, Cobb County, city of Marietta. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1958 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Marietta (Ga. L. 1904, p. 519-533, et. seq.) as heretofore amended, and for other purposes. This 23rd day of December, 1957. Eugene W. Holcombe, Representative, Cobb County. Section 9. It appears that the authors of this Act, namely, Harold S. Willingham, Raymond Reed, and Eugene Page 2616 W. Holcombe, State Representatives from Cobb County, in the Georgia General Assembly, have made the following affidavit with regard to the publication of the notice of intent to apply for local legislation, as set forth in section eight (8) of this Act: Georgia, Cobb County: Before the undersigned attesting officer, personally came Harold S. Willingham, Raymond Reed, and Eugene W. Holcombe, who after being duly sworn, say, respectively, that they are the Representatives in the General Assembly of Georgia, from Cobb County, respectively, and that they know that the notice of local legislation, as above set forth, was duly published once a week for three weeks during a period of sixty days immediately preceding the introduction of said bill in the General Assembly in the Cobb County Times, a newspaper of general circulation in Marietta, Cobb County, in which the sheriff's advertisements for Cobb County are published, as published in Marietta, Cobb County; that this affidavit is to be made a part of this bill as introduced by affiants herewith. /s/ H. S. Willingham, Harold S. Willingham. /s/ R. M. Reed, Raymond Reed. /s/ Eugene W. Holcombe, Eugene W. Holcombe. Sworn to and subscribed to before me, this the 27th day of January, 1958. /s/ Frances Y. Read, Notary Public, Fulton County, Georgia. Approved March 17, 1958. Page 2617 TOWN OF THUNDERBOLTCHARTER AMENDED. No. 169 (Senate Bill No. 289). An Act to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, and changing the name of said town to the Town of Thunderbolt, approved July 21, 1921 (Ga. L. 1921, p. 1122), as amended, so as to provide for a recorder's court; to provide the powers, duties, officers and jurisdiction of said court; to provide the method of appeal from said court; to provide that this Act shall not take effect until January 1, 1959 and until approved by a majority of the voters voting in a referendum called by the mayor and council of Thunderbolt; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, and changing the name of said Town to the Town of Thunderbolt, approved July 21, 1921 (Ga. L. 1921, p. 1122), as amended, is hereby amended by striking section 15, in its entirety, and by substituting in lieu thereof a new section 15 to read: Section 15. The mayor's court for the trial of offenders against the laws and ordinances of the Town of Thunderbolt shall be known as the recorder's court, which court is hereby created. The mayor and aldermen are authorized and empowered to elect a recorder to hold said court, to fix the qualifications, term of office, and compensation. Said recorder so elected shall take such oath as may be prescribed by the mayor and aldermen. Any vacancy in the office of the recorder shall be filled by the mayor and aldermen. Such recorder, and in his absence, the mayor, may hold said court and may exercise all the powers conferred by law upon the recorder, and may punish for any violation of a law or ordinance of the Town of Thunderbolt by a fine not exceeding one hundred Page 2618 dollars ($100), imprisonment in the city jail, or imprisonment in the county jail by permission of the county authorities, not exceeding 60 days, or work on the city work crew or other public work not exceeding 60 days, any one or more or all of these at the discretion of said recorder. When sitting as a court for the trial of offenders, the recorder shall have the power to punish for contempt by a fine not exceeding ten dollars ($10), imprisonment or work in the manner already described, for a period of five (5) days, one or both, at the discretion of the recorder. Recorder's court. There may be an appeal in any case from the recorder's court to the mayor and aldermen, which appeal must be entered in writing and under such terms and conditions as may be fixed and determined by said mayor and aldermen; and the judgment of the mayor and aldermen on appeal may be reviewed by certiorari to the Superior Court of Chatham County, as provided for in sections 19-203 to 19-216 of the Georgia Code. Section 2. Said Act is further amended by adding a new section to be numbered section 15A and to read: 15A. The recorder is authorized to issue warrants for offenses committed within the corporate limits of said town against any law or ordinance of said town or this State, and when the offense is against the State the recorder may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the town, the arresting officers shall carry the case before the recorder's court and none other, and the same thereby disposed of as other cases of arrest not made under warrant. All warrants issued by the recorder, or the mayor acting in his stead, shall be directed to any policeman or marshal of the Town of Thunderbolt, and to all and singular the sheriffs, deputy sheriffs and constables of this State, and any one of said officers shall have the same authority to execute said Page 2619 warrant as the sheriffs of this State have to execute criminal warrants. Same, warrants. Section 3. Said Act is further amended by adding a new section to be numbered section 15B and to read: Section 15B. The recorder, or the mayor acting in his stead, shall have the power and authority to subpoena witness to attend the recorder's court under the same rules and regulations that regulate and govern the Superior Courts of this State, to compel their attendance, and to punish any witness who has subpoenaed and who failed to attend, under the provisions for contempt already provided for in this charter. Same, subpoena power. Section 4. This Act shall not take effect until January 1, 1959 and until it has been approved by a majority of the voters voting in a referendum called by the mayor and council of the City of Thunderbolt for the purpose of approving this Act. Effective date, referendum. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Enrolled Act has evidence of advertisement, or affidavit, or both attached thereto. Approved March 17, 1958. CITY OF JONESBOROCORPORATE LIMITS. No.170 (House Bill No. 1042). An Act to amend an Act incorporating the City of Jonesboro in Clayton County, approved August 18, 1919 (Ga. L. 1919, p. 1067), as amended, particularly by an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2029), so as to change the corporate limits of the City of Jonesboro; to repeal conflicting laws; and for other purposes. Page 2620 Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Jonesboro in Clayton County, approved August 18, 1919 (Ga. L. 1919, p. 1067), as amended, particularly by an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2029), is hereby amended by removing the following described property from the corporate limits of the City of Jonesboro: That tract or parcel of land beginning at a point which is the northwest intersection of State Highway 54 and 5th Avenue, land lot 208 of the 13th district of Clayton County, Georgia; running thence north along the west side of State Highway 54, a distance of 90 feet to a point which was originally the southern boundary line of the City of Lake Tara, Georgia; thence west 3050 feet, more or less, to a point which is the southeast intersection of Dixie Drive and State Highway 3, (formerly U. S. Highway 41); thence southernly along the east side of said highway 3, a distance of 900 feet, more or less, to a point which was originally the north city limits of the City of Jonesboro, before above described area annexed to the City of Jonesboro; thence east along said original city limits line 3050 feet to said pont of beginning, this said line being along the north right of way of Fifth Avenue. The above described property was made a part of the corporate limits of the City of Jonesboro by the aforesaid amendatory Act of 1953, but said property shall no longer be within the corporate limits of the City of Jonesboro and shall become unincorporated territory upon the effective date of this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is our intention to introduce at the 1958 session of the General Assembly of Georgia, a Bill to repeal an Act of the 1952 Legislature, (Ga. Page 2621 L. 1952, p. 2510), wherein a certain area lying between Jonesboro and Lake Tara was annexed by the City of Jonesboro, so that this area will no longer be part of the City of Jonesboro, if this bill is enacted into law. This 2nd day of January, 1958. E. A. Foster, Senator. W. J. Lee, Representative. Edgar Blalock, Representative. Members of General Assembly, Clayton County. 1-22 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edgar Blalock, who, on oath, deposes and says that he is Representative from Clayton County, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press, Clayton County News Farmer, which is the official organ of said county, on the following dates: Jan. 2, 9, 15, 1958. /s/ Edgar Blalock, Representative, Clayton County. Sworn to and subscribed before me, this 10th day of February, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 17, 1958. Page 2622 BACON COUNTYPRIMARY ELECTION. No. 171 (House Bill No. 1025). An Act to provide the procedure relative to the time for holding county primaries in Bacon County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No political party shall hold any primary in Bacon County for the purpose of nominating candidates for any county office or offices in Bacon County earlier than the first day of May nor later than the first day of July of the year in which the general election at which such county officers are elected is held. The name of any person who is nominated in a primary held at some time other than provided herein shall not be placed upon the general election ballot. Primary elections, time of holding. 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 1958 session of the General Assembly of Georgia, a bill to provide the procedure relative to the time for holding county primaries in Bacon County; and for other purposes. This 20th day of January, 1958. C. J. Broome, Representative, Bacon County. H. Dorsey Deen, Senator, 46th District. P 1-23-30 2-6. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. J. Broome, Page 2623 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. 23, 30, and Feb. 6, 1958. /s/ C. J. Broome, Representative, Bacon County. Sworn to and subscribed before me, this 6th day of February, 1958. /s/ Frances Y. Read, Notary Public, Fulton County. Approved March 17, 1958. CITY OF WALESKANAME CHANGED FROM TOWN OF WALESKA. No. 172 (House Bill No. 1091). An Act to amend an Act incorporating the Town of Waleska in the County of Cherokee, approved November 13, 1889 (Ga. L. 1888-89, Vol. II, p. 1066), as amended, so as to change the name of said town of the City of Waleska; 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 Waleska in the County of Cherokee, approved November 13, 1889 (Ga. L. 1888-89, Vol. II, p. 1066), as amended, is amended by striking from said Act wherever the same shall appear the words, Town of Waleska, and inserting in lieu thereof the same shall appear the word, town, and inserting in lieu thereof the word, city, so that said town shall henceforth be known as the City of Waleska. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2624 Notice of Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to change the name of the Town of Waleska to the City of Waleska; and for other purposes. This 22nd day of January, 1958. 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: Jan. 23, 30, and Feb. 6, 1958. /s/ Carl Barrett, Representative, Cherokee County. Sworn to and subscribed before me, this 11th day of February, 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My Commission Expires Oct. 10, 1961. Approved March 17, 1958. CITY OF VALDOSTACHARTER AMENDED. No. 173 (House Bill No. 1032). An Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said City, approved November 21, 1901 Page 2625 (Ga. L. 1901, p. 670 and 688, inclusive), and Acts amendatory thereof: to authorize the creation in the city government of said city the office of city manager: 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, that the Act of the General Assembly of Georgia, approved November 21, 1901 incorporating the City of Valdosta (Ga. L. 1901, p. 670, et. seq.), together with the Acts amendatory thereof, be and the same is hereby amended as follows: Section 1. The act of the General Assembly of Georgia, approved November 21, 1901, incorporating the City of Valdosta (Ga. L. 1901, p. 670, et. seq.), together with the Acts amendatory thereof, is hereby amended by striking in its entirety section 8 and inserting in lieu thereof a new section 8, to read as follows: Section 8. Paragraph 1. The mayor and council of the City of Valdosta are authorized to create in the city government of said city the office of city manager and they are authorized to select and appoint a city manager whose salary and term of office they shall fix and whose duties, powers and qualifications shall be as hereinafter provided. City manager. Paragraph 2. At the time of his appointment the city manager need not be a resident of the City of Valdosta, but during his tenure he shall reside within the city and shall not engage in any other business or profession. If the mayor and council should not be able to secure a city manager to serve at their pleasure, they are authorized to make a contract with the city manager on such terms as may be mutually agreed upon containing, however, provision for removal of the city manager consistent with the provisions of paragraph 10 hereof. The term of any such contract shall not be extended beyond the term of the mayor and council. Same. Paragraph 3. It shall be the duty of the city manager Page 2626 to execute and administer the policies of the city government fixed by the mayor and council and the city manager shall be vested with sole authority over all administrative matters of the city, and he shall be accountable only to the mayor and council. Duties. Paragraph 4. The city manager shall have the power to appoint, prescribe the duties of, supervise and remove all administrative employees of the city, except the city recorder, city attorney and city auditor or accountant. The city manager shall not have the power to appoint, prescribe the duties of, supervise or remove members of boards or commissions and shall not have the power to create new positions without the consent of the mayor and council. The affairs of each department of the city, including the collection and disbursement of revenue, are to be administered under the supervision and control of the city manager and he is to be responsible therefor. Neither the mayor, nor council, nor any member or committee thereof shall direct or request the appointment of any person to, or his removal from office by the city manager, or by any of his subordinates, or in any manner take part in the appointment or removal of officers or employees in the administrative service of the city. Except for the purpose of inquiry, the mayor and council, and its members, shall deal with the administrative service of the city solely through the city manager, and neither the mayor, council nor any member thereof shall give orders to any subordinate of the city manager, either publicly or privately, directly or indirectly. Same. Paragraph 5. It shall also be the duty of the city manager to act as chief conservator of the peace within the city; to supervise the administration of the affairs of the city; to make such recommendations to the mayor and council concerning the affairs of the city as may seem to him desirable; to keep the mayor and council currently advised of the financial condition and future needs of the city; to prepare and submit, as directed by the mayor and council, an annual budget estimate to the mayor and council, to prepare and submit to the mayor and council regular quarterly reports of the affairs and finances of Page 2627 the city, these reports to be in such form as to be readily understood by the public; to act in an advisory capacity to the mayor and council in the formulation of policies of the city government; to make, with the consent of the mayor and council, all purchases for the different departments of the City of Valdosta, after first having received written requisitions from the heads of departments and after giving due consideration to the needs of the departments and the budget of the city for that fiscal year; to perform such other duties and exercise such other authority as the mayor and council may fix by resolution or ordinance. Same. Paragraph 6. All formal contracts to which the City of Valdosta is a party shall be executed in behalf of the city by the city manager and attested by the city clerk, after an approving resolution of the mayor and council. Contracts. Paragraph 7. The city manager shall have the power to investigate the affairs, records, accounts and expenditures of the various commissions and boards created by the City of Valdosta, and he shall report thereon at least once a year to the mayor and council. Reports. Paragraph 8. The city manager shall have the right to request the counsel, advice or opinion of the city attorney concerning any matter affecting the interest of the city, and it shall be the duty of the city attorney to respond to such request to the best of his ability. Advice from city attorney. Paragraph 9. No claims against or in favor of the city shall be paid or collected without prior approval of the city manager. Claims. Paragraph 10. The mayor and council may remove the city manager at any time by a majority vote adopting a resolution to that effect. The city manager may, within ten days after notice of adoption of such resolution, reply in writing and may request a public hearing, which shall be held not earlier than twenty nor later than thirty days after the filing of such request. The action of the mayor and council in removing the city manager, however, shall be final. Upon his removal as herein provided, the city manager shall be paid forthwith any unpaid balance of his salary for the calendar month in which he is removed and his salary for the next calendar month following. Paragraph 11. When there shall be a vacancy in the office of city manager, the duties and functions of city manager shall be discharged by the mayor and council. Vacancies. Page 2628 Section 2. Be it further enacted, that the corporate entity, name and organization of said City of Valdosta, be, and they are hereby, in all respects preserved except insofar as said organization is changed by this Act; and said Act approved November 21, 1901, incorporating the said city, as heretofore amended, is hereby declared of full force and effect insofar as the same is not in conflict with this Act. Conflicting laws. Section 3. Be it further enacted, that after the passage and approval of this Act, the mayor and council of the City of Valdosta shall by resolution call an election for the purpose of submitting this Act to the voters of the City of Valdosta for approval or rejection, which resolution shall set the date of such election, provide for notice thereof, prescribe the form of the ballot and make such other provisions which may be proper or necessary for the holding of such election, all in conformity with the laws of the State of Georgia. Referendum. Section 4. 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 5. There is attached hereto and made a part of this Act a copy of the published notice of intention to apply for the passage of this Act and a certificate of the publisher of the Valdosta Daily Times, the newspaper in which sheriff's advertisements for Lowndes County are published, certifying that said copy is true and correct and that the same has been published as provided by law. Page 2629 Notice of Local Legislation. Notice is hereby given that legislation by the General Assembly of Georgia will be sought and applied for, at the 1958 session of said General Assembly, which legislation, if adopted, will amend the charter of the City of Valdosta; provide for the office of city manager of said city; prescribe the duties, powers and authorities of such city manager; authorize the mayor and council of the City of Valdosta to select and employ such a city manager and to fix his compensation from time to time; provide for a referendum vote for the approval or rejection of said legislation; and repeal conflicting laws. Said legislation will specifically provide that it shall become effective only if approved by the majority of the qualified voters of said city who shall vote in the referendum election to be provided for by said legislation. City of Valdosta. By: B. Lamar Tillman, City Attorney. Georgia, Lowndes County. I, E. M. Turner, do hereby certify and on oath depose and say that I am the acting publisher of The Valdosta Daily Times which is the newspaper in which sheriff's advertisements for Lowndes County, Georgia are published; that the attached and foregoing instrument entitled notice of local legislation is a true and correct copy of a notice which was published in said newspaper once a week for three weeks on the 24th and 31st days of January and the 7th day of February in the year 1958; and that said notice has been published as provided by law and as prescribed by Article III, Section VII, Paragraph XV of the Constitution of Georgia. /s/ E. M. Turner. Page 2630 Sworn to and subscribed before me, this 7th day of February, 1958. /s/ Hazel Pollard, Notary Public, Lowndes County, Ga. (Seal). My Commission Expires March 14, 1959. Approved March 17, 1958. DADE COUNTYCLERICAL EMPLOYEES FOR TAX COMMISSIONER. No. 174 (House Bill No. 1041). An Act to amend an Act abolishing the offices of tax collector and tax receiver of Dade County, Georgia, and creating the office of tax commissioner of Dade County, Georgia, approved March 7, 1935 (Ga. L. 1935, pp. 617-619) as amended, so as to provide funds for paying clerical employees of the tax commissioner; 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. That section 5 of the Act abolishing the office of tax collector and tax receiver of Dade County, Georgia, and creating the office of tax commissioner of said county, approved March 7, 1935 (Ga. L. 1935, pp. 617 to 619), as amended by the Act approved January 13, 1938 (Ga. L. 1937-1938, Ex. Sess., pp. 796-797), as amended by the Act approved February 14, 1950 (Ga. L. 1950, pp. 2374-2375), as amended by the Act approved December 12, 1953 (Ga. L. Nov.-Dec. Sess. 1953, pp. 2484-2486), be and the same is hereby amended by striking from said section 5 as amended the words: and said tax commissioner out of said salary shall pay whatever clerical help that may be necessary for him to Page 2631 have to perform the duties of said office and inserting in lieu thereof the words: the tax commissioner is authorized to employ any clerical personnel to aid him in the performance of the duties of his office as in his discretion he may deem necessary and proper, and said clerical personnel shall be paid by said tax commissioner from a fund of seven hundred and fifty dollars ($750.00) to be furnished each year by the County of Dade to said commissioner for the exclusive purpose of paying said clerical help.; so that said section 5 as amended shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that said Dade County Tax Commissioner shall receive and be paid, as full compensation for any and all the duties performed by him as receiver and collector of county, school district, and any and all other taxes except State, professional, poll, and special taxes, a fixed salary of $2,700.00 per annum, to be paid in monthly installments of $225.00 each. The tax commissioner is authorized to employ any clerical personnel to aid him in the performance of the duties of his office as in his discretion he may deem necessary and proper, and said clerical personnel shall be paid by said tax commissioner from a fund of seven hundred and fifty dollars ($750.00) to be furnished each year by the County of Dade to said commissioner for the exclusive purpose of paying said clerical help. The said tax commissioner shall be entitled to the commissions now allowed tax collectors on all States, professional, poll, and special taxes collected by him. Section 2. There is attached hereto and made a part hereof, a copy of the notice of intention to apply for local legislation and the affidavit showing that said notice has been published as prescribed by law. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Dade County. Personally appeared before the undersigned officer, Page 2632 Mrs. Catherine C. Morrison, who on oath says that she is the owner and publisher of the Dade County Times; that the Dade County Times is a newspaper having general circulation in Dade County and is the official organ for said county, and that a legal notice, a true copy of which is hereto attached, was duly published once a week for three weeks in said newspaper on the following dates: Jan. 16, 23, 30, 1958. /s/ Catherine C. Morrison, Catherine C. Morrison. Notice. Notice of Local Legislation. Notice is hereby given that at the January 1958 session of the General Assembly of Georgia, a bill will be introduced to provide funds for paying clerical employees of the Tax Commissioner of Dade County; to repeal conflicting laws; and for other purposes. This 13th day of January, 1958. 1/303t. Woodrow W. Gross, Representative. /s/ H. A. Allison, Seal of Notary Public. Approved March 17, 1958. CITY OF PORT WENTWORTHCHARTER AMENDED. No. 175 (House Bill No. 955). An Act to amend an Act incorporating, and creating a charter for, the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003 et. seq.), and Page 2633 all Acts of the General Assembly amendatory thereof, so as to increase the corporate limits of said city by the addition to the present corporate limits of said city four (4) additional areas or parcels of land; to extend the powers of said city and of its officers, and the effect of its ordinances, over corporate limits of said city as extended; to provide that in the event any part of provision of this Act shall be declared illegal by a court of competent jurisdiction, such shall not affect, destroy or impair the validity of the remaining parts of this Act; to adopt, and make a part of this Act by reference, the copy of notice of intention to apply for this local legislation and the certificate of the publisher showing publication thereof as required by law, and to declare that all requirements of the laws of Georgia relating to publication of this notice have been complied with before enactment of this Act; 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, that an Act incorporating, and creating a charter for, the City of Port Wentworth, approved February 6, 1957, (Ga. L. 1957, p. 2003 et. seq.), and all Acts of the General Assembly amendatory thereof, be, and the same are hereby amended as follows: Section 1. Be it enacted by the authority aforesaid, that the corporate limits of the City of Port Wentworth be, and the same are, hereby extended beyond their present boundaries as now defined, so as to include, in addition to the area now embraced within the corporate limits of the City of Wentworth, all of the areas embraced and lying within the four (4) following described parcels of territory, to-wit: Parcel Number One: All of the lands embraced and lying within the following boundaries, to-wit: Commencing at the point at which the eastern line of the right of way of U. S. Highway No. 17 intersects the southern line of the present corporate limits of the City of Port Wentworth, which is the point of beginning, and running Page 2634 thence generally southwardly along the eastern line of the right of way of U. S. Highway No. 17 to a point on said eastern line of the right of way of U. S. Highway No. 17 a distance of 2,300 feet south of the southern line of the present corporate limits of the City of Port Wentworth, and running thence generally westwardly and across U. S. Highway No. 17 along a line parallel with the southern line of the present corporate limits of the City of Port Wentworth to the point at which said line intersects the western line of the right of way of U. S. Highway No. 17, and running thence generally northwardly along the western line of the right of way of U. S. Highway No. 17 a distance of 2,300 feet to the point at which the western line of the right of way of U. S. Highway No. 17 intersects the southern line of the present corporate limits of the City of Port Wentworth, and running thence generally eastwardly along the southern line of the present corporate limits of the City of Port Wentworth and across U. S. Highway No. 17 to the point at which the eastern line of the right of way of U. S. Highway No. 17 intersects the southern line of the present corporate limits of the City of Port Wentworth, the point of beginning. Corporate limits. Parcel Number Two: All of the lands embraced and lying within the following boundaries, to-wit: Commencing at the point at which the eastern line of Georgia Highway No. 21 intersects the southern line of the present corporate limits of the City of Port Wentworth, which is the point of beginning, and running thence generally southwardly along the eastern line of the right of way of Georgia Highway No. 21 to the point at which said eastern line of Georgia Highway 21 intersects the southern line of Bourne Avenue if the southern line of the right of way of Bourne Avenue were elongated and projected westwardly across Georgia Highway No. 21 to the eastern line of the right of way of Georgia Highway No. 21, and running thence generally westwardly across Georgia Highway No. 21 along the southern line of Bourne Avenue if said southern line of Bourne Avenue were elongated and projected across Georgia Highway No. 21 to the point at which the western line of the right of way of Page 2635 Georgia Highway No. 21 intersects the southern line of the right of way of Bourne Avenue, and running thence generally northwardly across Bourne Avenue and along the western line of the right of way of Georgia Highway No. 21 to the point at which the western line of Georgia Highway No. 21 intersects the southern line of the present corporate limits of the City of Port Wentworth, and running thence generally eastwardly along the southern line of the present corporate limits of the City of Port Wentworth and across Georgia Highway No. 21 to the point at which the eastern line of the right of way of Georgia Highway No. 21 intersects the southern line of the present corporate limits of the City of Port Wentworth, the point of beginning. Parcel Number Three: All of the lands embraced and lying within the following boundaries, to-wit: Commencing at the point at which the northwestern line of the right of way of U. S. Highway No. 17 intersects the northern line of the present corporate limits of the City of Port Wentworth, which is the point of beginning, and running thence generally northeastwardly and then generally eastwardly along the northwestern and northern line of the right of way of U. S. Highway No. 17 to the point at which said northern right of way line intersects the boundary line of the State of South Carolina, and running thence generally southwardly along the said boundary line of the State of South Carolina and across U. S. Highway No. 17 to the point at which the southern line of the right of way of U. S. Highway No. 17 intersects with the said boundary line of the State of South Carolina, and running thence generally westwardly and then generally southwestwardly along the southern and southeastern line of the right of way of U. S. Highway No. 17 to the point at which said right of way line of U. S. Highway No. 17 intersects the present northern corporate limits of the City of Port Wentworth, and running thence generally westwardly along the northern line of the present corporate limits of the City of Port Wentworth and across U. S. Highway No. 17 to the point at which the northwestern line of the right of way of U. S. Highway No. 17 intersects with the northern line of the present Page 2636 corporate limits of the City of Port Wentworth, the point of beginning. Parcel Number Four: All of the lands embraced and lying within the following boundaries, to-wit: Commencing at the point on the western line of the present corporate limits of the City of Port Wentworth at which point the northern line of Appleby Road intersects the western line of Inverness Street, being the northwest corner of the intersection of Appleby Road and of Inverness Street, which is the point of beginning, and running thence generally northwardly along the western line of Inverness Street, which line is the western line of the present corporate limits of the City of Port Wentworth, to the point at which the western line of Inverness Street intersects the northern line of Devonshire Road, being the northwest corner of Inverness Street and Devonshire Road, which corner or point is the northwestern corner of the present corporate limits of the City of Port Went-worth, and running thence generally northwardly along a line projecting or elongating the western line of Inverness Street, to a point on the southern line of Augustine Creek, and running thence generally northwardly and then westwardly in a meandering course along the southern line of Augustine Creek to the point at which the southern line of Augustine Creek intersects the eastern line of the right of way of Atlantic Coast Line Railroad, and running thence generally southwardly along the eastern line of the right of way of Atlantic Coast Line Railroad to the point at which the northern line of Grange subdivision, if projected and elongated generally westwardly across Georgia Highway No. 21, would intersect the eastern line of the right of way of Atlantic Coast Line Railroad, and running thence generally eastwardly and along the line of the present corporate limits of the City of Port Wentworth and across Georgia Highway No. 21 along the line of the northern line of Grange subdivision if the northern line of Grange subdivision were projected or elongated westwardly across Georgia Highway No. 21, to the point at which the eastern line of Georgia Highway No. 21 intersects the present corporate limits of the City of Port Wentworth, being the point at which the northern Page 2637 line of Grange subdivision intersects the eastern line of the right of way of Georgia Highway No. 21, and runing thence generally northwardly along the eastern line of the right of way of Georgia Highway No. 21 to the point at which the eastern line of the right of way of Georgia Highway No. 21 intersects the southern line of the right of way of Crossgate Road, being the southeastern corner of Georgia Highway No. 21 and Crossgate Road, and running thence generally eastwardly along the southern line of the right of way of Crossgate Road to the point at which said southern line of the right of way of Crossgate Road intersects the western line of the present corporate limits of the City of Port Wentworth, and running thence generally northwardly along the western line of the present corporate limits of the City of Port Wentworth and across Crossgate Road to the point at which the northern line of the right of way of Crossgate Road intersects the western line of the present corporate limits of the City of Port Wentworth, and running thence generally westwardly along the northern line of the right of way of Crossgate Road to the point at which said northern line of the right of way of Crossgate Road intersects the eastern line of the right of way of Georgia Highway No. 21, being the northeast corner of Georgia Highway No. 21 and Crossgate Road, and running thence generally northwardly along the eastern line of the right of way of Georgia Highway No. 21, to the point at which the eastern line of the right of way of Georgia Highway No. 21 intersects the northern line of the right of way of Savannah and Atlanta Railway, and running thence generally eastwardly and then southeastwardly along the northern line of the right of way of Savannah and Atlanta Railway to the point at which said northern line of said right of way of Savannah and Atlanta Railway intersects the western line of the present corporate limits of the City of Port Wentworth, and running thence generally northwardly along the western line of the present corporate limits of the City of Port Wentworth to the point at which the northern line of Appleby Road intersects the western line of Inverness Street in the City of Port Wentworth, being the northwest corner of Appleby Road and Inverness Page 2638 Street and being a point on the western line of the present corporate limits of the City of Port Wentworth, the point of beginning. Section 2. Be it further enacted by the authority aforesaid, that all powers and all authority of the City of Port Wentworth under its charter and its ordinances and all laws appertaining to said city as a municipality, are hereby extended over, and made effective in, every part of the territories included within the areas of the four (4) parcels of land above described. The power and authority of the officers of the City of Port Wentworth are made co-extensive with the limits of said city as extended by this Act; and all rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Port Wentworth, are extended to all the limits included under the terms of this Act. The powers of all duly elected and constituted officials, officers and departments of the City of Port Wentworth are extended to the new limits added by this Act, as fully and completely as they now exist within the former limits under the present charter and the laws and ordinances governing the City of Port Wentworth. Corporate powers. Section 3. Be it further enacted by the authority aforesaid, 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 of the provisions herein contained, shall be declared illegal, invalid or void by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of any of the remaining parts of this Act, 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 is possible not to exceed the said authority of the General Assembly. Intent. Section 4. Be it further enacted by the authority aforesaid, Page 2639 that a copy of the notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law, which said copy of notice of intention to apply for this local legislation and which said certificate of the publisher showing publication of such notice are attached to and made a part of an Act heretofore enacted at this session by this General Assembly to amend an Act incorporating, and creating a Charter for, the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003 et. seq.), be, and are by this reference, hereby made a part of this Act; and it is hereby declared that all of 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 5. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with the provisions of this Act be, and are, hereby repealed. State of Georgia, County of Fulton. 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 th 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 January 4, 11, 18, 1958. /s/ Frank S. Cheatham, Jr., /s/ Edgar P. Eyler, /s/ Edward T. Brennan. Sworn to and subscribed before me, this 4th day of February, 1958. /s/ John J. Nilan, Notary Public, Muscogee County, Georgia. (Imprint Notarial Seal). Page 2640 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 same was advertised in the Savannah Evening Press in compliance with the law of Georgia regarding local legislation. /s/ Frank S. Cheatham, Jr., Frank S. Cheatham, Jr. /s/ Edgar P. Eyler, Edgar P. Eyler. /s/ Edward T. Brennan. Edward T. Brennan. Sworn to and subscribed before me, this 4th day of February, 1958. /s/ John J. Nilan, Notary Public, Muscogee County, Georgia. Approved March 17, 1958. CITY OF EAST POINTCHARTER AMENDED. No. 176 (House Bill No. 870). 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 Georgia and it is hereby enacted by authority of the same that: Section 1. All of that unincorporated area of Fulton County in land lots 131 and 158 of the 14th district of said county enclosed by the following geographical boundary line: Page 2641 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; and running thence westwardly along said north line of said land lot 130 six hundred thirty-three (633) feet; thence northwardly four hundred ninety (490) feet to an iron pin at a point one hundred twenty-seven and eight-tenths (127.8) feet east of Elm Street; thence westwardly one hundred twenty-seven and eight-tenths (127.8) feet to the east side of said Elm Street; thence northwardly along the east side of said Elm Street two hundred fifty (250) feet, more or less, to the north side of a branch; thence northwestwardly along said north side of said branch eight hundred thirty-nine (839) feet to the south side of Willingham Drive and the present boundary line of the City of East Point; thence eastwardly along said Willingham Drive and said present City of East Point boundary line eight hundred sixty-three (863) feet to a corner of said City of East Point marked by an iron pin on the south side of said Willingham Drive; thence southwardly along said present City of East Point boundary line two hundred fifty-nine and eight-tenths (259.8) feet to the north side of a branch; thence eastwardly along the north side of said branch and said present boundary line of said City of East Point seven hundred sixty-two (762) feet, more or less, to the west side of Harrison Road; thence southwardly along the west side of said Harrison Road and said present boundary line of said City of East Point six hundred three (603) feet, more or less, to the north line of said land lot 130; thence westwardly one hundred fifty-five (155) feet along the north line of said land lot 130 and said present boundary line of said City of East Point to the point of beginning. Corporate limits. Be and said unincorporated area is hereby annexed to and incorporated in the City of East Point, a municipal corporation located within said County and said unincorporated area with the inhabitants thereof are hereby made a part of the City of East Point subject to all of the obligations, laws, ordinances, rules and regulations applicable to other inhabitants of said city and Page 2642 entitled to all of the rights, powers, benefits, privileges and immunities thereof, as fully and as completely as if they were inhabitants of said city as it now exists, including the obligation to pay taxes for retirement of bonded indebtedness and for all other purposes for which taxes may be lawfully levied and collected by said city, and at the same time subject to all of the government and entitled to all of the protection of said city government. Section 2. The area hereby annexed to and incorporated in the City of East Point shall be and is hereby annexed to and made a part of the fourth ward of said city, but shall be subject to such ward divisions and revisions as may be made by city ordinance adopted by the city council of East Point. Wards. 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 with this Act, and especially, 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, approved March 13, 1957 (Ga. L. 1957, Vol. 2, p. 2850, et. seq.) be and the same are hereby repealed. Conflicting laws. 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 Page 2643 County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 19th day of November, 1957, and once each week thereafter for 10 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 21st day of January, 1958. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My Commission Expires March 8, 1958. Notice of Intention to Apply 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 session of the General Assembly of Georgia convening in January 1958, 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 18th day of November, 1957. City of East Point. By: Ezra E. Phillips, City Attorney, 1301 Fulton Nat'l. Bank Bldg., Atlanta 3, Georgia. Nov. 19, 26, Dec. 3tnf. Approved March 17, 1958. Page 2644 CITY OF CARNESVILLECHARTER AMENDED. No. 177 (House Bill No. 887). An Act to amend an Act approved August 20, 1913, creating and establishing a charter and municipal government for the City of Carnesville, in the County of Franklin, and the Acts amendatory thereof, so as to change, enlarge and extend the corporate limits of the City of Carnesville, in the County of Franklin, by the incorporation of additional and contiguous territory therein; 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 an Act approved August 20, 1913, creating and establishing a charter and municipal government for the City of Carnesville, and the acts amendatory thereof, be and the same is hereby amended, so as to change, enlarge and extend the corporate limits of said City of Carnesville by including therein the following described additional and contiguous territory, to-wit: All that territory lying and being between the perimeter of the present circular corporate limits of said city, which limits are determined by measuring a distance of one-half mile in all directions from the court house of Franklin County, in said city; and the perimeter of a circle determined by measuring a distance of three-fourths of a mile in all directions from the center point of the court house of Franklin County, in said city; so that the corporate limits of said city as hereby amended and extended shall include all the territory within a circle determined by measuring a distance of three-fourths of a mile in all directions from the center point of the court house of Franklin County, in said city. Corporate limits. Section 2. Be it further enacted by the authority aforesaid that said territory hereinabove described, the residents thereof and the property therein shall become Page 2645 a part of the City of Carnesville when this Act goes into effect; and such territory, the residents and the property therein shall, at all times, be subject to all the laws and ordinances governing the City of Carnesville to the same extent as all other territory, residents and property of said City of Carnesville are subject. Corporate powers. Section 3. 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 Franklin County to issue the call for an election for the purpose of submitting this Act to the voters of Franklin County residing in the area proposed to be annexed to the City of Carnesville for approval or rejection. The ordinary shall set the date of such election for a day not less than fifteen nor more than thirty days after the date of the issuance of the call. It is the purpose of this resolution to extend the corporate limits of the City of Carnesville only upon the approval of a majority of those persons voting in the effected area. 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 Franklin County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act extending the corporate limits of the City of Carnesville. Against approval of the Act extending the corporate limits of the City of Carnesville. 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 by those voting residing within the effected area are for approval of the Act, it shall become of full force and effect. If a majority of the votes cast on such question by those voting residing within the effected area are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Franklin Page 2646 County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. 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 4. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notices. Notice of Intention to Apply for the Passage of a Local Bill. Georgia, Franklin County. Notice is hereby given that application will be made at the next (or present) session of the General Assembly of Georgia for the passage of the following local bill: Carnesville Limits Extended. An Act to amend an Act approved August 20, 1913, creating and establishing a charter and municipal government for the City of Carnesville, in the County of Franklin, and the Acts amendatory thereof, so as to change, enlarge and extend the corporate limits of the City of Carnesville in the County of Franklin, by the incorporation of additional and contiguous territory therein; and for other purposes. This January 2nd, 1958. H. J. Oliver, Mayor, City of Carnesville. Certificate of Publication. Georgia, Franklin County. Personally appeared before the undersigned, an officer Page 2647 authorized to administer oaths in and for said county and State, J. F. Little, who, first being duly sworn, on oath says that he is business manager and publisher of The Carnesville Herald, the newspaper published in the City of Carnesville, Franklin County, Georgia, in which the sheriff's advertisements for said County of Franklin are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks to-wit: on Jan. 9, 16, 23, 1958. /s/ J. F. Little, J. F. Little. Sworn to and subscribed before me, this 27th day of January, 1958. /s/ W. E. Smith, Notary Public. W. E. Smith. (Seal). My Commission Expires August 3, 1959. Approved March 17, 1958. MUNICIPAL COURT OF SAVANNAHSALARY OF CHIEF JUDGE. No. 178 (Senate Bill No. 302). An Act to prescribe and establish compensation and/or salary for the chief judge of the Municipal Court of Savannah, 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 chief judge of the Municipal Court of Savannah, Georgia shall be no less Page 2648 than eight thousand and five hundred dollars ($8,500.00) per year; said salary to be paid to the chief judge of the Municipal Court of Savannah, Georgia by the Commissioners of Chatham County and ex-officio judges thereof on a monthly basis, or the pay period as prescribed by the Commissioners of Chatham County and ex-officio judges thereof. Section 2. There is attached hereto and made a part hereof, an affidavit and notice of intention to apply for local legislation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Enrolled Act has evidence of advertisement, or affidavit, or both attached thereto. Approved March 17, 1958. JONES COUNTYEXPENSES OF COUNTY COMMISSIONERS. No. 179 (Senate Bill No. 306). An Act to amend an Act creating a board of commissioners of roads and revenues for Jones County, approved July 31, 1923 (Ga. L. 1923, p. 264), as amended, particularly by an Act approved August 11, 1924 (Ga. L. 1924, p. 348), so as to provide for the payment of certain expenses of members of the board of commissioners of roads and revenues; 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 Jones County, approved July 31, 1923 (Ga. L. 1923, p. 264), as amended, particularly by an Act approved August 11, 1924 (Ga. L. 1924, p. Page 2649 348) is hereby amended by adding to the end of section 11 thereof the words: Said members, when traveling outside the county on county business, shall also receive travel expenses, computed at eight (8) cents per mile traveled, and actual expenses for lodging and meals upon submitting an itemized verified account to the board and upon its approval by a majority of the members thereof; provided such expenses shall not be paid in excess of seventy-five dollars ($75.00) per month for any one member so that section 11 as amended hereby shall read: Commissioners' expenses. Section 11. Be it further enacted, That the members of said board shall receive a compensation of three dollars per day each for every day engaged upon their duties of office. Said members, when traveling outside the county on county business, shall also receive travel expenses, computed at eight (8) cents per mile traveled, and actual expenses for lodging and meals upon submitting an itemized verified account to the board and upon its approval by a majority of the members thereof; provided such expenses shall not be paid in excess of seventy-five dollars ($75.00) per month for any one member. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Enrolled Act has evidence of advertisement, or affidavit, or both attached thereto. Approved March 17, 1958. CITY OF ALBANYCHARTER AMENDED. No. 180 (House Bill No. 1009). An Act to amend the Act creating and establishing a new charter for the City of Albany, (Ga. L. 1923, p. 370), approved August 18, 1923, as amended, particularly Page 2650 by an Act approved March 26, 1947 (Ga. L. 1947, p. 725) by revising and changing the geographical limits of the wards into which the City of Albany is divided; to provide the time when this Act shall be effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 2 of the Act entitled an act to amend the act creating and establishing a new charter for the City of Albany (Ga. L. 1923, p. 370), approved August 18, 1923, as amended, particularly by an Act approved March 26, 1947 (Ga. L. 1947, p. 725), is hereby amended by striking all of that portion of said section which reads as follows: The city proper shall be divided into wards as follows: Wards. The first ward shall include all that part of the City of Albany lying east of Flint River and known as East Albany. The second ward shall include all that part of the City of Albany lying south of the center of Flint Avenue and Flint Avenue extended, east of the center of Slappey Drive to the Flint River. The third ward shall include all that part of the City of Albany lying north of the center of Flint Avenue east of the center of Monroe Street to the Flint River. The fourth ward shall include all that part of the City of Albany lying north of the center line of Flint Avenue and Flint Avenue extended west of the center of Monroe Street to the center of Slappey Drive. The fifth ward shall include all that part of the City of Albany lying west of the center of Slappey Drive. and by inserting in lieu thereof the following: The City proper shall be divided into Wards as follows: Page 2651 Ward one shall include all that part of the City of Albany lying east of the Flint River and known as East Albany. Ward two shall include all that part of the City of Albany lying west of Jackson Street and south of Flint Avenue and being bounded on the north by Flint Avenue and Flint Avenue projected west to the Central of Georgia Railroad and the Central of Georgia Railroad right-of-way west to the city limits. Ward three shall include that part of the City of Albany lying west of the Flint River and being bound as follows: Beginning at a point on the south boundary of the city limits and the east bank of the Flint River proceeding thence west to the centerline of Jackson Street, running thence north on Jackson Street to the centerline of Flint Avenue, running thence west on Flint Avenue and Flint Avenue projected to the centerline of the Central of Georgia Railroad, running thence southwest along the centerline of the Central of Georgia Railroad to the centerline of Slappey Drive, running thence north along the centerline of Slappey Drive to the centerline of Fifth Avenue, running thence east along the centerline of Fifth Avenue projected east to the centerline of Monroe Street and the projection of Monroe Street north to the city limits, running thence along the north boundary of the city limits to the east bank of the Flint River. Ward four shall include all of that part of the City of Albany lying south of the north boundary of the city limits and west of Monroe Street and being bound as follows: Beginning at a point on the north boundary of the city limits at the intersection of same with centerline of Monroe Street projected north, running thence south along the centerline of Monroe Street to the centerline of Fifth Avenue, running thence west along the centerline of Fifth Avenue and Fifth Avenue projected to the centerline of Slappey Drive, running thence north along the centerline of Slappey Drive to the centerline of Eighth Avenue and Eighth Avenue projected west to centerline of Valley Road Alley where said alley intersects north Hilltop Drive, running thence west along the centerline of Valley Road Alley and Valley Road Alley projected west to the centerline of the Dawson Road, running thence in a northwesterly direction along the centerline of the Dawson Road to the western most boundary of the city limits of the City of Albany. Ward five shall include all that part of the City of Albany lying west of Slappey Drive north of the Central of Georgia Railroad and south of Eighth Avenue and the Dawson Road and being bound on the north by Eighth Avenue projected west to Valley Road Alley and Valley Road Alley projected west to the centerline of the Dawson Road and the Dawson Road from the intersection of Valley Road Alley projected west to the western most boundary of the city limits of Albany. Page 2652 Section 2. All commissioners presently serving on the board of commissioners of the City of Albany shall continue to represent the wards now represented by them until the expiration of their present terms of office even though they may no longer reside within the boundaries of the ward they represent after the effective date of this act. Commissioners. Section 3. The aforesaid description of wards shall take precedence and supercede the description of a bill introduced contemperaneously herewith which bill describes the corporate limits of the City of Albany. Conflicting law. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that there will be introduced at the January, 1958, session of the General Assembly of Georgia a bill to revise the wards into which the City of Albany is divided so as to change the geographic limits Page 2653 of same and for other related purposes. January 15, 22, 29, 1958. Georgia, Fulton County. Personally appeared before the undersigned officer, who is duly authorized to administer oaths in and for said state and county, Georgia D. Busbee, who, after first being duly sworn, deposes and states on oath that the above notice was published in The Albany Herald, the official organ of Dougherty County, on January 15, 22, 29, 1958, and said notice together with this affidavit are expressly made a part of the preceding bill. /s/ George D. Busbee, George D. Busbee, Representative, Dougherty County. Sworn to and subscribed before me, this 6th day of February, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 17, 1958. CITY COURT OF CAMILLACOMPENSATION OF JUDGE AND SOLICITOR. No. 181 (House Bill No. 719). An Act to amend an Act creating the City Court of Camilla, approved August 17, 1905, and all Acts amendatory thereof, and particularly amending sub paragraphs (a) and (b) of section 2, as amended, of the Act of the General Assembly of Georgia, approved March 24, 1933, and the Act of the General Assembly of Georgia, approved March 24, 1933, and the Act of Page 2654 the General Assembly of Georgia, approved February 8, 1955, so as to change the maximum salary to be paid to the judge and solicitor of said court, 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 from and after the passage and approval of this Act, an Act of the General Assembly of Georgia, approved August 17th, 1905, creating the City Courts of Camilla and Pelham, as amended by an act of the General Assembly approved March 24th, 1933, is hereby amended by striking from line three in sub-paragraph (a) of section 2 of said Act as amended, the words two hundred ($200.00) dollars and inserting in lieu thereof the words two hundred fifty ($250.00) dollars so that the first sentence in said sub-paragraph (a) when amended, will read as follows: For Judge of the City Courts of Camilla and Pelham a sum not less than one hundred ($100.00) dollars and not exceeding two hundred fifty ($250.00) dollars all other provisions of said Act, as amended, to remain the same. Judge's salary. Section 2. That from and after the passage and approval of this Act, an Act of the General Assembly of Georgia approved August 17, 1905, creating the City Courts of Camilla and Pelham, which was amended by an Act approved by the General Assembly of Georgia on February 8, 1955 and which amended the Act of the General Assembly of Georgia approved on March 24, 1933, is hereby amended by striking from line three, sub-paragraph (b) of section 2, of said act as amended, the words two hundred ($200.00) dollars and inserting in lieu thereof, the words two hundred fifty ($250.00) dollars so that the first sentence of said paragraph (b) when amended shall read as follows: For Solicitor of the City Courts of Camilla and Pelham a sum not less than one hundred ($100.00) dollars and not exceeding two hundred fifty ($250.00) dollars, all other provisions of said act as amended, to remain the same. Solicitor's salary. Page 2655 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. Notice of Local Legislation. There will be introduced at the next session of the General Assembly of Georgia, to convene in January, 1958, a local bill affecting the City Court of Camilla, the caption of which is as follows: An Act to amend an Act creating the City Court of Camilla, approved August 17, 1905, and all Acts amendatory thereof, and particularly amending sub-paragraphs (a) and (b) of section 2, as amended, of the Act of the General Assembly of Georgia, approved March 24, 1933, and the Act of the General Assembly of Georgia, approved February 8, 1955, so as to change the maximum salary to be paid to the judge and solicitor of said court; and for other purposes. This the 30th day of December, 1957. Frank S. Twitty, Representative, Mitchell County, Ga. Tom C. Palmer, Jr., Representative, Mitchell County, Ga. Georgia, Mitchell County. I, B. T. Burson, being first duly sworn, on oath says that I am editor and publisher of the Camilla Enterprise, a weekly newspaper and the official organ of Mitchell County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and correct copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated Jan. 3, 10, 17, 1958. /s/ B. T. Burson. Page 2656 Sworn to and subscribed before me, this the 18th day of January, 1958. /s/ Hazel Bullard, Notary Public, Georgia, State at Large. (Seal). My Commission Expires March 2, 1962. Approved March 17, 1958. POLK COUNTYCOMPENSATION OF CORONER. No. 182 (House Bill No. 962). An Act to place the Coroner of Polk County on a salary basis in lieu of a fee basis; 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 Coroner of Polk County is hereby placed on a salary basis in lieu of a fee basis. He shall be compensated in an amount of seven hundred twenty ($720.00) dollars per annum, payable in equal monthly installments from the funds of Polk County. Said sum shall be in lieu of all fees, costs, percentages, allowances and any other perquisites of whatever kind as are now or may hereafter be provided by law to be received by the coroner. All fees and any other monies shall henceforth be collected by the coroner for the benefit of Polk County, and shall be the property of Polk County and shall be turned over by the coroner to the fiscal authority of Polk County. The coroner shall, when turning over such funds to the county, accompany same with an itemized statement as to the sources from which such funds were collected. Section 2. This Act shall become effective on March 1, 1958. Effective date. Page 2657 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, 1958 session of the General Assembly of Georgia, a bill to place the Coroner of Polk County on a salary basis in lieu of a fee basis; and for other purposes. This 14th day of January, 1958. /s/ John Pickett, Representative, Polk County. Georgia, Polk County. Before me, an officer of said State authorized to administer oaths, personally came Jack Stuff, who, having been duly sworn, deposes and says that he is publisher of the Cedartown Standard, the official organ of Polk County, Georgia, and that the attached notice in regard to a bill to place the Coroner of Polk County on a salary basis in lieu of a fee basis was published in said paper three times, to-wit: On Jan. 15, 22, 29, 1958. /s/ Jack Stuff, Jack Stuff. Sworn to and subscribed before me, this 29th day of January, 1958. /s/ Shirley E. Lindsey, Notary Public, Polk County, Georgia. (Seal). My Commission Expires January 13, 1960. Approved March 17, 1958. Page 2658 CITY OF SMYRNACHARTER AMENDED. No. 183 (House Bill No. 739). An Act to amend an act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955 et. seq.), as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2365 et. seq.), to change the qualifications for a recorder for said City of Smyrna, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the City of Smyrna, approved August 21, 1931 (Ga. L. 1931, p. 955 et. seq.), as amended, particularly by an act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2365 et. seq.), is hereby amended by striking in its entirety section 35 (a) of said act relating to the recorder and inserting in lieu thereof a new section to read as follows: Section 35. (a). The mayor and council shall appoint a resident of Cobb County, Georgia, to act as recorder of the recorder's court, and shall fix the term of office and the compensation of the recorder. In the absence of disqualification of the recorder, the mayor shall preside over the recorder's court and shall be clothed with all the duties, powers and authority of the recorder which are provided by law. In the absence or disqualification of both the recorder and the mayor, the mayor pro tem. shall preside over the recorder's court and shall be clothed with all of the duties, powers and authority of the Recorder which are provided by law. Recorder. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. M-1149 Notice of Intention to Introduce Local Legislation. Page 2659 Notice is hereby given that there will be introduced at the January-February 1958 session of the General Assembly 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 12th day of December, 1957. Harold S. Willingham, Representative, Cobb County. 12:12-19-26; 1:2 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 Cobb County Times, the official organ of Cobb County, in its editions for the following dates: Dec. 12, 19, 26, 1957; Jan. 2, 1958. /s/ Harold S. Willingham, Representative, Cobb County. Sworn to and subscribed before me, this 15th day of January, 1958. /s/ Frances Y. Read, Notary Public, Fulton County, Georgia. Approved March 17, 1958. CITY OF COOLIDGECHARTER AMENDED. No. 184 (House Bill No. 856). An Act to amend an Act incorporating the City of Coolidge, County of Thomas, approved December 10, 1901 (Ga. L. 1901, p. 359) as amended, particularly by an Act approved July 3, 1923 (Ga. L. 1923, p. 581), so as to repeal section 9 of the aforesaid amendatory Act of 1923; to repeal conflicting laws; and for other purposes. Page 2660 Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Coolidge, County of Thomas, approved December 10, 1901 (Ga. L. 1901, p. 359) as amended, particularly by an Act approved July 3, 1923 (Ga. L. 1923, p. 581), is hereby amended by striking section 9 of the amendatory Act of 1923 that creates the water and light commission of said city in its entirety. Water and light commission. 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 at the next session of the General Assembly of Georgia there will be introduced an Act to amend an Act incorporating the Town of Coolidge in the County of Thomas, approved December 10, 1901, and the other Acts amendatory thereof; to repeal section 9 of the amendatory Act approved July 23, 1923, providing for the creation of a water and light commission, and for other purposes. This 9th day of January, 1958. O. S. Willis, Representative, Thomas County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. S. Willis, who, on oath, deposes and says that he is Representative from Thomas County, and that the attached copy of notice of intention to introduce local legislation was published in the Times-Enterprise which is the official organ Page 2661 of said county, on the following dates: Jan. 10, 17, 24, 1958. /s/ O. S. Willis, Representative, Thomas County. Sworn to and subscribed before me, this 30th day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 17, 1958. CITY OF CANTONCHARTER AMENDED. No. 185 (House Bill No. 1095). An Act to amend an Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, so as to establish a ward system for said city; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, is amended by striking therefrom section 12 in its entirety and inserting in lieu thereof a new section 12 which shall read as follows: Section 12. The government of the City of Canton shall be vested in a mayor and six (6) councilmen. For the purpose of electing councilmen, the City of Canton is divided into three (3) wards. Ward 1 shall consist of all that territory in the city limits of said city lying and being north of the Etowah River. Ward 2 shall consist Page 2662 of all that territory within the city limits of said city between the Etowah River and Town Creek. Ward 3 shall consist of all the territory within the city limits of said city south of Town Creek and the Etowah River. Two (2) councilmen shall be elected from each of the above described wards by the qualified voters of each ward. Said councilmen shall reside in the ward from which they are elected. The mayor of the City of Canton shall be elected by all the qualified voters of said city. All elections shall be held on the second Saturday in December between the hours of eight (8) o'clock a.m. and five (5) o'clock p.m., and all terms of office shall commence on January 1, following such election. The mayor shall be elected annually. The term of office of all the present councilmen of the City of Canton shall terminate on December 31, 1958. In 1958, one (1) councilman from each ward shall be elected for a term of one (1) year, and one (1) councilman from each ward shall be elected for a term of two (2) years. Thereafter, councilmen shall be elected to hold their office for a term of two (2) years or until their successors shall be elected and qualified. This body, while sitting, shall be known as the mayor and councilmen. Wards, elections. Section 2. This Act shall not become effective until it shall have been approved by the qualified voters of the City of Canton at a referendum election, and the provisions of section 3 of this Act shall have been complied with. Such referendum election shall be held under provisions of Code chapter 69-1, as amended, if said Code chapter shall be in effect. If said Code chapter shall not be in effect, then it shall be the duty of the mayor of the City of Canton to issue a call for an election to determine whether this Act shall become effective not less than ten (10) days and not more than sixty (60) days after this Act is approved by the Governor, or otherwise becomes a law. To be eligible to vote in such election, a person must be a resident of the City of Canton and qualified to vote for the mayor and councilmen of said city. The mayor shall cause the date and purpose of the election to be published once a week for a period of two (2) weeks Page 2663 immediately preceding the date thereof in the official gazette of the City of Canton. The mayor shall set the date of the election for the same day as an election to be held in a certain portion of Cherokee County as more fully described in section 3 of this Act to determine if that area shall become part of the City of Canton. The ballot for the election called by the mayor of the City of Canton. The ballot for the election called by the mayor of the City of Canton shall have printed thereon the words: Referendum. For approval of the Act establishing a ward system for the City of Canton, and extension of the city limits of Canton. Against approval of the Act establishing a ward system for the City of Canton, and against extension of the city limits of Canton. 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 the approval of the Act, and certain of the voters of Cherokee County shall have approved the extension of the city limits of the City of Canton, then this Act shall become of full force and effect as of January 1, 1959. If less than a majority of the votes are for approval of the Act, or if certain of the voters of Cherokee County shall not have approved the extension of the city limits of the City of Canton, then this Act shall be null, void and of no effect whatsoever. All expenses of any referendum held under the provisions of this section shall be borne by the City of Canton. It shall be the duty of the mayor of the City of Canton to hold and conduct the election held under this section, and certify the result of the election to the Secretary of State. He shall also certify to the Secretary of State whether this Act shall be effective. Section 3. This Act shall not be effective unless it shall be approved by a referendum election under the Page 2664 terms of section 2 hereof, and the city limits of the City of Canton shall be extended so as to include all territory within a radius of one and one-half (1) miles from the center of the public square in front of the Cherokee County court house and all of lots of land Nos. 127, 128, 129, 161, 162, 163 and 164, 14th district, 2nd section, Cherokee County, Georgia. If both of said events shall occur, then this Act shall become of full force and effect as of January 1, 1959, but the city election held in December, 1958, shall be held under the terms of this Act. If either of the events mentioned in the first sentence of this section shall not occur, then the provisions of this Act shall be null, void and of no effect whatsoever. Corporate limits. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to establish a ward system for the City of Canton; and for other purposes. This 22nd day of January, 1958. 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: Jan. 23, 30, and Feb. 6, 1958. /s/ Carl Barrett, Representative, Cherokee County. Page 2665 Sworn to and subscribed before me, this 11th day of February, 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My Commission Expires October 10, 1961. Approved March 17, 1958. CITY OF TIFTONCHARTER AMENDED. No. 186 (Senate Bill No. 245). An Act to amend the charter of the City of Tifton, approved August 14, 1920, and all Acts amendatory thereof; to authorize the said city to construct, maintain, own and operate a gas system for the purpose of supplying persons, firms and corporations, both within and without its limits, with gas for heat, light, power, and other purposes; to provide that the said city may make contracts with persons, firms, or corporations for the supplying of gas to 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 the Act of the General Assembly, approved August 14, 1920, establishing a new charter for the City of Tifton, and all Acts amendatory thereof be and they are hereby amended by adding to section fifty-two of said Act the following: Said commission shall have the power to provide for the construction, maintenance, ownership, and operation by the City of Tifton of a gas system for the purpose of supplying persons, firms and corporations, located both within and without the city limits of Tifton, with gas for heat, light, or power; said commission is authorized to contract with persons, firms or corporations for the supplying Page 2666 of gas to said city for the use by said city and for the purpose of resale to persons, firms or corporations, located both within and without the city limits of said city. Public utilities. Said city is authorized to construct, maintain and operate any and all gas mains, pipes and connections which it may deem necessary or advisable through and under the streets of said city and elsewhere for the conveyance of gas, and shall have the power of eminent domain, both within and without the said city, for the construction, maintenance and operation of said gas system and for the laying, maintenance and operation of said gas mains, pipes and connections. Said section when so amended shall read as follows: Section 52. Be it further enacted, that said commission shall have power to provide for the erection and maintenance in said city of gas works and electric light works, and to that end may construct, erect, maintain a system of gas or electric light works for the purpose of street lighting and furnishing the citizens of said city and County of Tift with electric current for light, heat or power; and that the said commissioners shall have authority to contract with hydro-electric companies or other large producers of electric current, for the purchase of electric current to be used by said city in lighting its streets and for the purpose of resale to citizens and corporations within the City of Tifton and the County of Tift, and all other parties, citizens or corporations desiring the use of said current; and for the erection and maintenance of waterworks; and to these ends may grant to individuals or corporations the use of the streets, alleys and commons of said city under such regulations and restrictions as they may deem necessary. They are hereby authorized to make contracts with individuals or corporations owning gas or electric light and water plants for the furnishing of said city with lights and water and electric current to be used by said city, and for the purposes of resale to citizens and corporations within the City of Tifton and the County of Tift. Page 2667 They may make such regulations and pass such ordinances as they may deem necessary for the protection of the owners of such works and shall have the exclusive jurisdiction over them. Whenever said commissioners shall contract with private companies for water and lights for use of said city they may by ordinance limit the rates to individual customers. They may regulate the operation of such light and water works and impose upon their owners such duties, obligations and liabilities as they may deem just and reasonable for the proper protection of the citizens of the city and municipal government. Said commission shall have the power to provide for the construction, maintenance, ownership, and operation by the City of Tifton of a gas system for the purpose of supplying persons, firms, and corporations, located both within and without the city limits of Tifton, with gas for heat, light or power; said commission is authorized to contract with persons, firms or corporations for the supplying of gas to said city for the use by said city and for the purpose of resale to persons, firms or corporations, located both within and without the city limits of said city. Said city is authorized to construct, maintain and operate any and all mains, pipes and connections which it may deem necessary or advisable through and under the streets of said city and elsewhere for the conveyance of gas, and shall have the power of eminent domain, both within and without the said city, for the construction, maintenance and operation of said gas system and for the laying, maintenance and operation of said gas mains, pipes and connections. Section 2. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Copy of advertisement and affidavit attached to Enrolled Act. Approved March 17, 1958. Page 2668 CITY OF COLLEGE PARKCHARTER AMENDED. No. 187 (House Bill No. 958). 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, etc., 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. That section 20 as quoted in section 1 of the amendatory Act, approved February 13, 1952, (Ga. L. 1952, p. 2451), be stricken therefrom and there be and there is hereby substituted in its stead a new section 20 to read as follows: Section 20. That the mayor and council of said city shall have the power and authority at any time, whenever in the judgment of said mayor and council the paving originally laid on any street or alley is worn out to such extent that it is no longer useful or good pavement, to repave such street or alley and to carry into effect the authority herein granted, the said mayor and council shall have full power and authority to assess the actual total Page 2669 cost of re-paving said street or alley against the real estate abutting on each side of said street or alley, upon which said work is done, in just proportions to the frontage by the foot of said property; provided, the cost of repaving street intersections shall be borne by the city and provided corner property shall be assessed as follows: (a) where the repaving abuts property only on the front, the property shall be assessed for the amount of frontage, and (b) where the repaving abuts property on both the front and the side, the property shall be assessed for the frontage, but one-third of the side not to exceed 50 feet from the corner shall be exempted from assessment, and (c) where the repaving abuts property only on the side one-third of the side not to exceed 50 feet from the corner shall be exempted from assessment. Whenever the mayor and council of said city shall determine to repave any street or alley, the city clerk shall notify in writing all persons owning property abutting on or fronting on such street or alley of such intention, together with a statement of the amount assessed against said property therefor; and the said city shall proceed at once to do said repaving of such street or alley, or cause it to be done. Said mayor and council shall have full and complete power and authority to require any street or alley to be repaved in such manner and with such material as may be determined by resolution or ordinance. The amount of the assessment on each piece of real estate shall be a lien thereon from the date of the passage of the ordinance providing for the work and making the assessment, which lien shall be superior to all other liens, except for taxes. Said mayor and council shall have full power and authority to enforce the collection of any assessment so made for repaving, either upon the street or alley, by execution to be issued by the city clerk against the real estate and against the owner thereof, for the amount so assessed, which execution shall be levied and the property advertised, and sold in the same manner as tax executions are now levied, and the property sold thereunder by said City of College Park. Should any owner of any property upon which such an execution is levied desire to contest the amount of the assessment, Page 2670 they may do so by filing with the levying officers an affidavit of illegality and stating therein the cause of such illegality and the amount admitted to be due, which amount admitted to be due shall be paid to the levying officer before the affidavit shall be received and the affidavit shall be returned to the superior court of the county in which said property is located to be tried and determined as in other cases of illegality, subject to the penalties for delay in such cases made and provided, and it shall be the duty of the judge of the superior court of said county to give preference to those cases over all other pending cases in said court. Said mayor and council shall in all cases, in their discretion, have the power to grant a stay of execution for said assessment for such times as they may see fit, and collect the interest on the same at the rate of seven (7) per cent per annum. Repaving of streets. 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 1945, and there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which Clayton County, Georgia, respectively, are published 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. Conflicting laws. 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, 24, 31 days of December, 1957, Page 2671 and on the 8, 15, 22 days of January, 1958, as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 24th day of January, 1958. /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 College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main St., College Park, Georgia. Dec. 18, 25, Jan. 1tfn. Publisher's Affidavit. State of Georgia, County of Clayton. Before me, the undersigned, a notary public, this day Page 2672 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 the publication of which the annexed is a true copy, was published in said paper on the 26th day of December, 1957, and once each week thereafter for 4 weeks as provided by law. /s/ Jack Troy. Subscribed and sworn to before me, this 23rd day of January, 1958. /s/ T. F. Nicholson, Notary Public, Clayton County, Georgia. My Commission Expires October 24, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park. By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Georgia. Approved March 17, 1958. Page 2673 DeKALB COUNTYCOMPENSATION OF OFFICERS. No. 188 (House Bill No. 1125). An Act to amend an Act approved March 6, 1956 (Ga. L. 1956, p. 2915), fixing, prescribing and establishing compensation and/or salaries of the elective county officials of and in the County of DeKalb, including the ordinary, clerk of the superior court, the sheriff and the tax commissioner adjusting the salaries provided in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Section 1. The Act approved March 6, 1956 (Ga. L. 1956, p. 2915) is hereby amended by striking the symbols and figures `$9,500.00 after the office of sheriff and ordinary of DeKalb County in section 3 of said Act and by substituting in lieu thereof the symbols and figures $11,000.00 so that the salries and/or compensation of all the officers named in section 3 of said Act, when so amended, shall be fixed at $11,000.00 each. Sheriff and Ordinary. Section 2. Said section 3 of said Act of 1956 is further amended by adding a new sentence at the end thereof to read as follows: `Provided further, that the salary of any person who has held any of the above offices of ordinary, clerk of the Superior Court, sheriff or tax commissioner of DeKalb County for a period of twenty (20) years shall be increased by the further sum of one thousand ($1,000.00) dollars, making a total salary of twelve thousand ($12,000.00) dollars for such officers.' Same, Tax Commissioner, Clerk of superior court. Section 3. The provisions of this Act shall become effective as of March 1, 1958. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2674 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 9, 16, 23, 1958. The DeKalb New Era. /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 25th day of January, 1958. /s/ Ann Hardy, Notary Public, DeKalb County, Georgia. (Seal). My Commission Expires July 26, 1961. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, session of the General Assembly of Georgia, a bill to amend the act fixing the salaries of the sheriff, ordinary, tax commissioner, and clerk of the Superior Court of DeKalb County, Georgia; and for other purposes. This 7th day of January, 1958. W. Hugh McWhorter, Guy W. Rutland, Jr., James A. Mackay, Representatives, DeKalb County. 1-9-3t. Approved March 17, 1958. Page 2675 TOWN OF FLOWERY BRANCHASSESSMENT AND COLLECTION OF TAXES. Code 92-4101, 92-4102, 92-4103, 92-4104 Amended. No. 189 (House Bill No. 1051). 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 91-4104, 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 Town of Flowery Branch; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of this 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, 1933, as amended, shall not in any manner apply to the Town of Flowery Branch. Page 2676 Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. February 8, 1958. Georgia, Hall County. Personally appeared before me, a notary public, the undersigned Louis R. Fockele, who on oath, says that he is manager of The Daily Times, a newspaper published in the City of Gainesville, being of general circulation and being the legal organ for the County of Hall, 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 24, 31, and February 7, 1958. The Daily Times. /s/ Louis R. Fockele, Louis R. Fockele, Manager. Sworn to and subscribed before me, this 8th day of February, 1958. /s/ Mary C. Gibbs, Notary Public. (Seal). My Commission Expires January 28, 1961. Notice of Local Legislation. Georgia, Hall County. Notice is hereby given that we intend to apply for passage of legislation at the next session of the General Assembly of Georgia to convene in January, 1958, 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 Page 2677 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 Town of Flowery Branch; to repeal conflicting laws; and for other purposes. This 21st day of January, 1958. Howard T. Overby, William B. Gunter, Representatives, Hall County, Georgia. Jan. 24, 31, Feb. 7, 1958. Approved March 17, 1958. CITY OF GRIFFINCHARTER AMENDED. No. 190 (House Bill No. 1010). An Act to amend an Act creating the charter of the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, to extend the city and corporate limits of the City of Griffin so as to include within the corporate limits and boundaries certain areas adjacent to the present corporate limits of the City of Griffin, and which have heretofore been annexed to said city by ordinance, pursuant to an Act approved January 31, 1946 (Ga. L. 1946, p. 130); to repeal conflicting laws; and for other purposes. Preamble. The areas and territories hereinafter described in this Act have heretofore been purportedly annexed to the corporate limits of the City of Griffin by regular ordinance of the board of commissioners of the City of Griffin, enacted upon the request of the owners of said properties, Page 2678 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. Intent. 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 lying, being and situate in land lot 177 of the second district of original Monroe, now Spalding County, Georgia, as shown on a plat entitled Proposed Addition to City of Griffin, dated January, 1957, made by Griffin Engineering and Manufacturing Company and more fully described with reference to said plat as follows: Corporate limits. Beginning at the intersection of the present city limits of the City of Griffin with the south margin of Sibley Street; thence from said point of beginning eastwardly fifty-five (55) feet, more or less, along the south margin of Sibley Street to the west margin of Melton Street; thence eastwardly fifty (50) feet to a point on the east margin of Melton Street and being the southwest corner of lot 37 in block A of Melton subdivision; thence eastwardly one hundred fifty (150) feet to the southeast corner of lot 39 in block A of said subdivision; thence northwardly two hundred twenty-five (225) feet to a point on the north margin of Lang Street; thence eastwardly fifty (50) feet along the north margin of Lang Street to the southeast corner of lot 6 in block B of said subdivision; thence northwardly six hundred eightyfive (685) feet to a point on the south margin of Dewey Street and the northeast corner of lot 1 in block C of said subdivision; thence westwardly two hundred (200) Page 2679 feet along the south margin of Dewey Street to a point on the east margin of Melton Street; thence westwardly fifty (50) feet across Melton Street to a point on the west margin of Melton Street; thence northwardly four hundred fourteen (414) feet along the west margin of Melton Street to the south margin of East Broadway Street extension or Jackson Road (Georgia State Route 16); thence southwestwardly one hundred seventy (170) feet, more or less, along the south margin of East Broadway Street extension to the present city limits of the City of Griffin; thence southwardly along the present city limits of the City of Griffin to the point of beginning. Parcel 2: All that lot, tract or parcel of land lying, being and situate in land lots 179 and 180 of Spalding County, Georgia, and more fully described as follows: Beginning at the intersection of land lots 173, 174, 179 and 180, which is the present city limit line and running thence north along the west land lot line of land lot 179 eight hundred twenty-five (825) feet, more or less; thence east two hundred eighty (280) feet, more or less, to East College Street; thence in a northwesterly direction five hundred twenty-five (525) feet, more or less, along the westerly side of East College Street to a point opposite the property line between Mrs. W. J. Carreker and Otis D. Blake; thence in an easterly direction across East College Street sixty (60) feet; thence east along the line between Mrs. W. J. Carreker and Otis D. Blake three hundred (300) feet; thence in a southeasterly direction one thousand six hundred seventy-two and five-tenths (1672.5) feet, more or less, to Barnes Road (a county road); thence in a westerly direction across Barnes Road one hundred twenty (120) feet, more or less, to the corner of the property of Harold W. Barrow; thence in a southerly direction one thousand seventy-two (1072) feet, more or less, to the property of Mrs. Leila B. Cheatham; thence in a westerly direction one hundred six and seven-tenths (106.7) feet to the east side of East College Street; thence in a southwesterly direction across East College Street one hundred twenty-five (125) Page 2680 feet, more or less, to the southeast corner of lot 33 in Glen Acres subdivision; thence in a northwesterly direction two hundred twenty-four (224) feet, more or less; thence southeasterly along the east side of lot 32 in said subdivision one hundred fifty (150) feet, more or less, to the property of D. R. Cumming; thence in a westerly direction one thousand one hundred forty-eight and eight-tenths (1148.8) feet, more or less, to the west land lot line of land lot 180; thence north along the west land lot line of land lot 180 seven hundred eighty-one (781) feet, more or less, to the south line of lot 4 in said subdivision; thence east three hundred (300) feet, more or less, to the center line of Russell Drive; thence north along said center line of Russell Drive three hundred ten (310) feet; thence in a northwesterly direction fifty (50) feet, more or less; thence in a northwesterly direction along the westerly line of lot 9 in said subdivision two hundred fifty (250) feet to the north land lot line of land lot 180; thence west along said north land lot line one hundred sixty-eight and six-tenths (168.6) feet, more or less, to the point of beginning. Parcel 3: All that lot, tract or parcel of land situate, lying and being in land lots 147 and 148 of the second district of original Monroe, now Spalding County, Georgia, and being more fully described as follows: Beginning at the southwest corner of land lot 147 in said district and running thence north 89 degrees 17 minutes east eight hundred twelve and seven-tenths (812.7) feet, more or less, along the south boundary of land lot 147 to the west right of way line of U. S. Highway No. 19 and the center of Ison's Branch; thence south 53 degrees 23 minutes east fifty (50) feet, more or less, along the center line of Ison's Branch to a point on the east right of way line of U. S. Highway No. 19; thence southwestwardly one thousand three hundred twenty-eight (1328) feet, more or less, along the east right of way line of U. S. Highway No. 19 to an iron stake on the southwest corner of lot 2 in block B of Hillandale subdivision; thence south 78 degrees east two hundred fifty-one Page 2681 and five-tenths (251.5) feet to a point on the east boundary of Greenwood Street; thence north 16 degrees 27 minutes east fifteen (15) feet along the east margin of Greenwood Street to the southwest corner of lot 1 in block C of Hillandale subdivision; thence eastwardly one thousand two hundred fifty-eight (1258) feet, more or less, along the south boundaries of lots 1 through 11 inclusive in block C of Hillandale subdivision to an iron stake on the southeast corner of lot 11 in block C and on the west margin of Valley Road; thence north 56 degrees 19 minutes east fifty (50) feet to a point on the east margin of Valley Road; thence north 38 degrees 13 minutes west one hundred ninety-two (192) feet along the east margin of Valley Road to the southwest corner of lot 2 in block D of Hillandale subdivision; thence north 51 degrees 47 minutes east one hundred ninety-six and five-tenths (196.5) feet to the center line of Ison's Branch; thence northwestwardly one thousand one hundred ninety-one and six-tenths (1191.6) feet, more or less, up stream along the center line of Ison's Branch to the east right of way line of U. S. Highway No. 19; thence north 53 degrees 23 minutes west fifty (50) feet, more or less, along the center line of Ison's Branch to a point on the west right of way line of U. S. Highway No. 19; thence northeastwardly ninety (90) feet, more or less, along the west right-of-way line of U. S. Highway No. 19 to the intersection of the west right-of-way line of said highway with the west margin of south 9th Street; thence northwestwardly one thousand three hundred fifty (1350) feet, more or less, along the west right-of-way line of South 9th Street; thence westwardly two hundred twenty-four (224) feet, more or less, to a point on the west boundary of land lot 147; thence south one thousand two hundred twenty (1220) feet, more or less, along the west boundary of land lot 147 to the southwest corner of land lot 147 and the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2682 Notice of Local Legislation. Notice is hereby given that application for the passage of local legislation at the January session, 1958 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 21st day of December, 1957. /s/ J. S. Langford, J. S. Langford, City Manager. City of Griffin. Georgia, Spalding 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: Dec. 21, 28, 1957; Jan. 4, 1958. /s/ Arthur K. Bolton, /s/ Frank P. Lindsey, Jr., Representative, Spalding County. Sworn to and subscribed before me, this 6th day of February, 1958. /s/ Paul B. Weems, Notary Public, Chattooga County, Georgia. Approved March 17, 1958. Page 2683 BARTOW COUNTYOFFICES OF TAX RECEIVER AND TAX COLLECTOR MERGED INTO OFFICE OF TAX COMMISSIONER. No. 192 (House Bill No. 1039). An Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi fas; to provide for compensation; to provide for personnel; to provide that the tax commissioner shall not be required to make rounds for the purpose of receiving or collecting taxes; to provide for audits; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Bartow County are hereby consolidated and combined into the one office of tax commissioner of Bartow County. The rights, duties and liabilities of said office of tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Offices merged. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election for other county officers of Bartow County is held in 1960, and the person so elected shall take office on January 1, 1961, for a term of four years and until his successor is elected and qualified. All future elections for tax commissioner shall likewise be held at the same time as elections for other county officers, and all future tax commissioners shall likewise have a term of office of four years and until their successors are elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Page 2684 Bartow County and the terms of such tax collector and tax receiver shall continue through December 31, 1960. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled as vacancies are filled in the office of tax collector. Section 3. All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi fas theretofore issued shall have full force and effect and be collectible as issued. Duties. Section 4. The tax commissioner shall be compensated in the amount of eight thousand ($8,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. All fees, commissions, costs and all other perquisites collected by the tax commissioner shall be the property of Bartow County, and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the sources from which such fees, commissions, costs or other perquisites were collected. The tax commissioner shall appoint a deputy to assist him in the performance of his duties, and such deputy shall be compensated in the amount of forty-eight hundred ($4,800.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. The tax commissioner shall receive the sum of three thousand ($3,000.00) dollars per annum from the funds of Bartow County for the purpose of paying clerical help. Salary, Deputy, clerical aid. Section 5. The tax commissioner shall not be required to leave his office or make rounds for the purpose of receiving returns or collecting taxes. Rounds. Section 6. The tax commissioner, before entering upon the duties of his office, shall take the oath prescribed for the tax collector and shall give bond as provided for the tax collector. Oath and bond. Section 7. An annual audit shall be made of the tax commissioner's office, and such audit shall be made by Page 2685 a person selected by the Commissioner of Roads and Revenues of Bartow County. The cost of such audit shall be paid from the funds of Bartow County. Audit. Section 8. Not more than sixty (60) days nor sooner than thirty (30) days prior to the second Wednesday in September of 1958, it shall be the duty of the Ordinary of Bartow County to issue the call for an election for the purpose of submitting this Act to the voters of Bartow County for approval or rejection. Such election shall be held on the second Wednesday in September, which is the day for nominating persons in the State primary. 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 Bartow County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act combining the offices of Tax Collector and Tax Receiver into the one office of Tax Commissioner of Bartow County. Against approval of the Act combining the offices of Tax Collector and Tax Receiver into the one office of Tax Commissioner of Bartow 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, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Bartow County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result thereof to the Secretary of State. Page 2686 Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to change the compensation of the sheriff, the clerk of the superior court and the ordinary from the fee system to the salary system; to abolish the office of tax receiver and tax collector of Bartow County; to create the office of tax commissioner; and for other purposes. This the 22nd day of January, 1958. /s/ Woodrow H. Bradley, Representative, Bartow County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Woodrow H. Bradley, who, on oath, deposes and says that he is Representative from Bartow County, and that the attached copy of notice of intention to introduce local legislation was published in The Bartow Herald which is the official organ of said county, on the following dates: January 23, 30 and February 6, 1958. /s/ Woodrow H. Bradley, Representative, Bartow County. Sworn to and subscribed before me, this 10th day of February, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 17, 1958. Page 2687 CITY OF SILVERTOWNCHARTER AMENDED. No. 194 (House Bill No. 930). An Act to amend an Act incorporating the City of Silvertown in Upson County, approved July 27, 1929 (Ga. L. 1929, p. 1287), as amended by an Act approved January 30, 1946 (Ga. L. 1946, p. 618), so as to provide for elective commissioners; to provide authorization for a city manager; to provide for the election of the first city commissioners and their successors; 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. An Act incorporating the City of Silvertown, in Upson County, approved July 27, 1929 (Ga. L. 1929, p. 1287), as amended by an Act approved January 30, 1946 (Ga. L. 1946, p. 618), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted that the municipal government of said city shall be vested in three commissioners. Under the corporate name of the City of Silvertown said commissioners shall have perpetual succession; the right and title to sue and be sued; plead and be impleaded; contract and be contracted with; and to purchase, hold, sell or otherwise dispose of such real and personal property, both tangible and intangible, as may be needed for the good order, government and welfare of said city. Said commissioners are hereby authorized and empowered to exercise such other rights, functions and duties and granted same privileges and immunities as are generally applicable to municipal corporations in this State. Commissioners. The three commissioners shall be elected by the voters of the City of Silvertown. No person shall be eligible for election as commissioner who is not a registered voter of the City of Silvertown and who is not at least twenty-one Page 2688 years of age. The first election for commissioners shall be held in the month of July 1958, on a day to be set by the commissioners who were appointed by the judge of the superior court. The date and purpose of said election shall be published once a week for four weeks immediately preceding the date thereof in the official organ of Upson County. Any person desiring to become a candidate for commissioner shall qualify with the city clerk at least fifteen days prior to the date of such election. Such election shall be held under the provisions of this Act relating to elections, and the three persons receiving the highest number of votes shall be declared to be the city commissioners and shall take office immediately upon the certification of such election. At the first election provided herein, the two persons receiving the highest number of votes shall serve through December 31, 1960, and until their successors are elected and qualified. The person receiving the next highest number of votes shall serve through December 31, 1959, and until his successor is elected and qualified. All future elections shall be held on the second Wednesday in December in the year of the expiration of the term of office of the commissioner or commissioners, and persons elected shall take office on the first day of January immediately following their election and shall serve for a term of two years and until their successors are elected and qualified. All future candidates shall likewise qualify with the city clerk at least fifteen days prior to the date of the election, and all future elections shall likewise be held under the provisions of this Act relative to elections. Any person shall be eligible to succeed himself as commissioner. In the event a vacancy occurs in the office of any commissioner, a successor shall be designated by the remaining commissioners to serve the unexpired portion of the term. The commissioners shall, before entering into their duties, take and subscribe to an oath, before an officer authorized to administer oaths, that they will faithfully execute and discharge all duties devolving upon them as said commissioners and faithfully enforce all laws and ordinances of said municipality, the State of Georgia and the United States, and will, to the best of their ability, promote the general welfare of said municipality. The commissioners shall, at their first meeting after being sworn in, select a chairman and a chairman protem. Each of said commissioners shall receive as compensation the sum of $25.00 per month, and the chairman and the chairman pro tem. shall receive such additional compensation as shall be fixed by ordinance. The commissioners are hereby authorized to employ a city manager for said city and to fix and prescribe his duties and compensation. City Manager. Page 2689 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 1958 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Silvertown, approved July 27, 1929 (Ga. L. 1929, p. 1287), so as to provide for elective city commissioners; to provide authorization for a city manager and other officials and employees; to prescribe the procedure with the foregoing; and for other purposes. This 14th day of January, 1958. s/ Johnnie L. Caldwell, Representative, Upson County. /s/ Talmage B. Echols, Representative, Upson County. /s/L. A. Mallory, Jr., Senator, 25th District. Page 2690 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnnie L. Caldwell, who, on oath, deposes and says that he is Representative from Upson County, and that the attached copy of notice of intention to introduce local legislation was published in The Thomaston Times which is the official organ of said county, on the following dates: January 17, 24, 31, 1958. s/ Johnnie L. Caldwell, Representative, Upson County. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/Frank H. Edwards, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 14, 1959. Approved March 17, 1958. TOWN OF LINWOODCHARTER AMENDED. No. 195 (Senate Bill No. 284). An Act to amend an Act creating a new charter for the Town of Linwood in Walker County, approved August 3, 1920 (Ga. L. 1920, p. 1101), as amended, particularly by an Act approved March 5, 1957 (Ga. L. 1957, p. 2419), so as to change the provisions relating to the composition of the 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 Linwood in Walker County, approved August Page 2691 3, 1920 (Ga. L. 1920, p. 1101), as amended, particularly by an Act approved March 5, 1957 (Ga. L. 1957, p. 2419) is amended by striking from section 5 thereof the words, 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, so that said section, as amended hereby, shall read as follows: 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 1, following his election and until his successor is elected and qualified. On the second Saturday in December, 1957, 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 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 Page 2692 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. 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 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. Page 2693 Section 2. Said Act is further amended by inserting following section 5 thereof a new section which shall be known as section 5A which shall read as follows: Section 5A. Upon the effective date of this section or as soon therafter as is practicable, the mayor and four (4) councilmen of the Town of Linwood shall appoint a fifth councilman who shall serve until January 1, 1959. His successor shall be elected on the second Saturday in December, 1958, and thereafter for a term of two (2) years in the same manner as provided for the other councilmen of said town in section 5 of this Act. Section 3. Said Act is further amended by striking from section 7 thereof the words, 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, so that said section, as amended hereby, shall read as follows: 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. No person shall be eligible to serve as mayor unless he has an eighth grade education or its equivalent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Copy of advertisement and affidavit attached to Enrolled Act. Approved March 17, 1958. Page 2694 CLAYTON COUNTYCORONER'S COMPENSATION. No. 196 (Senate Bill No. 244). An Act to amend an Act placing the coroner of Clayton County on a salary basis rather than a fee basis, approved February 16, 1952 (Ga. L. 1952, p. 2215), as amended by an Act approved February 8, 1955 (Ga. L. 1955, p. 2219), so as to increase such compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the coroner of Clayton County on a salary basis rather than a fee basis, approved February 16, 1952 (Ga. L. 1952, p. 2215), as amended by an Act approved February 8, 1955 (Ga. L. 1955, p. 2219), is hereby amended by striking from section 1 the words and figures twelve hundred dollars ($1,200.00) and inserting in lieu thereof the words and figures eighteen hundred dollars ($1,800.00), so that section 1, as so amended, shall read: Section 1. The coroner of Clayton County shall be compensated in the sum of eighteen hundred dollars ($1,800.00) per annum, payable in equal monthly installments from the general funds of Clayton County in lieu of all fees for his services. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved or otherwise becomes law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Copy of advertisement and affidavit attached to Enrolled Act. Approved March 17, 1958. Page 2695 GAME AND FISHCOMMERCIAL FISHING AND DRAGGING IN CERTAIN COUNTIES. No. 197 (House Bill No. 821). An Act to amend an Act comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to fix the hours of commercial fishing in certain counties; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively supersending and revising the laws relating to the Game and Fish Commission and to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by inserting a new section to be numbered section 94C to read: Section 94C. In all counties of this State having a population of not less than 7,320 nor more than 7,360 according to the 1950 United States census or any future such census, commercial fishing and dragging during open seasons shall be permitted only during the hours between five (5) a.m. Eastern Standard Time to eight (8) p.m. Eastern Standard Time. Provided, however, that nothing in this Act shall prohibit or limit the commercial fishing or dragging for crabs. Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1958. Page 2696 CITY OF TIFTONCORPORATE LIMITS. No. 198 (House Bill No. 1111). An Act to amend the charter of the City of Tifton as set forth in the act of the General Assembly of Georgia incorporating said city, approved August 14, 1920, (Ga. L. 1920, pp. 1625 to 1658, inclusive), and acts amendatory thereof; to alter, relocate and redefine the corporation limits of said city; and for other purposes. Be it enacted by the General Assembly of Georgia: and it is hereby enacted by authority of the same, that the act of the General Assembly of Georgia, approved August 14, 1920, incorporating the City of Tifton (Ga. L. 1920, pp. 1625 to 1658, inclusive), together with the acts amendatory thereof, be and the same is hereby amended as follows: Section 1. An Act to amend the charter of the City of Tifton approved August 14, 1920, incorporating the City of Tifton (Ga. L. 1920, pp. 1625, et seq), together with the acts amendatory thereof, for the purpose of altering, relocating, and redefining the corporate limits of said City of Tifton as follows: In addition to the area now embraced within the corporate limits of the City of Tifton, the following described property shall likewise be embraced within the corporate limits of said city, so that after ratification of this act by the referendums hereinafter mentioned, the corporate limits of the City of Tifton will be defined, located, and described as follows: Beginning at a point which is designated by a railroad iron at the present southeast corner of the existing corporation limits of the City of Tifton and from this point run the existing south corporation limits line due west 10,160 feet, plus or minus, to a point, which point intersects with a line which is 700 feet west of the center line of the right of way of U. S. Interstate Highway 75 and said line being parallel with a tangent between 8th Page 2697 Street and 2nd Street; thence run parallel to said tangent north 15,920 feet, plus or minus, to the north property line of Abraham Baldwin Agricultural College which is also the south boundary of an unnamed road; thence along the south line of said unnamed road in an easterly direction to the west side of Moore Highway; thence along the west side of said Moore Highway in a southerly direction 1,504 feet plus or minus, to a point which intersects with an extended line running west from the straight line of Fulwood Road which part of said road being the east end of Fulwood Road where it intersects with the Waterloo Road; thence in an easterly direction along said tangent made by the east end of Fulwood Road 11,784 feet, plus or minus, to a point on the line which line extends due north from the intersection of the north right of way of Ferry Lake Road and the west right of way of the Atlantic Coast Line Railroad formerly known as the Atlanta, Birmingham and Coast Railroad; thence due south 9,640 feet, plus or minus, to the intersection of the north right of way of the Ferry Lake Road and the west right of way of the Atlantic Coast Line Railroad; thence along the north right of way of said Ferry Lake Road in a westerly direction 1,760 feet, plus or minus, to a point where the south right of way line of East 8th Street intersects with the north right of way line of the Ferry Lake Road; thence due south 944 feet, plus or minus, to the north right of way of the Atlantic Coast Line Railroad, formerly the Atlanta, Birmingham and Coast Railroad; thence along said north right of way of said railroad in a southwesterly direction to the north right of way of the first spur track off said railroad to the right; thence along the north right of way of said spur track in a westerly direction to the present east corporation line of the City of Tifton; thence along said present east corporation limits line of Tifton south 3,376 feet, plus or minus, to the point of beginning. Section 2. Not less than 20 nor more than 30 days after the date of the approval of this act by the Governor, or after it is otherwise law, it shall be the duty of the Ordinary of Tift County to issue the call for an election Page 2698 for the purpose of submitting this act for approval or rejection to the voters of the area presently sought to be annexed which lies outside the present corporate limits of Tifton. The ordinary shall set the date of the election for a day not less than 15 days nor more than 20 days after the date of the issuance of the call. It shall be the further duty of the ordinary to make up a separate list of voters of the area sought to be annexed, who shall register at the office of the ordinary, for the purpose of voting herein, any time up until 48 hours before the polls of this election shall open, and only those voters, who so register, shall be allowed to vote in such election. The people who shall be qualified to vote in this particular election shall consist of all persons who have reached the age of 18 years and older and who either reside in the area sought to be annexed or own real property located therein, and who are residents of Tift County, Georgia. The ordinary shall cause the date and purpose of the election to be published once a week for 2 weeks immediately preceding the date thereof in the official organ of Tift County, along with a description of the affected area described hereinbefore. The ballot shall have printed thereon the words: For approval of the Act extending the corporate limits of the City of Tifton. Against approval of the Act extending the corporate limits of the City of Tifton. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, it shall be the duty of the ordinary to certify such fact to the governing authority of the City of Tifton, and an election shall be held in said city as provided for hereinafter: If less than a majority of those persons voting in such election vote for approval of the Act, it shall be void and of no force and effect, and it shall be the duty of the ordinary to certify such results to the Secretary of State. The expense of such election shall be borne by Tift County. It shall be the duty of the ordinary to hold and conduct such election and it shall Page 2699 be the duty of the ordinary to canvass the returns and declare and certify the results of the election. In the event a majority of the persons voting in the aforesaid election vote for approval of the Act, an election shall be held in the City of Tifton for the purpose of submitting this Act for approval or rejection. The election and the registration of voters therefor shall be under the same provisions of law and rules and regulations as are other elections in the City of Tifton. The governing authority shall set the date of the election for a day not less than seven nor more than seven days after the date of the election held as provided for hereinbefore. It shall be the duty of the governing authority of the City of Tifton to cause the date and purpose of the election to be published twice during one week immediately preceding the date thereof, in a newspaper of general circulation in the City of Tifton, along with a brief description of the affected area described hereinbefore. The ballot shall have printed thereon the words: For approval of the Act extending the corporate limits of the City of Tifton so as to include (briefly designate area). Against approval of the Act extending the corporate limtis of the City of Tifton so as to include (briefly designate area). Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of Tifton. The person or persons whose duty it is to hold and conduct other elections in the City of Tifton shall canvass the returns and declare and certify the results of the election. The results thereof shall be certified to the ordinary, who shall, inturn, certify such results to the Secretary of State. Section 3. All laws and parts of laws in conflict with the Act are hereby repealed. Page 2700 Notice of Intention to Introduce Local Legislation. To Whom it May Concern: Notice is hereby given that application will be made to the 1958 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Tifton, which bill shall be entitled as follows: A bill entitled: An act to amend the charter of the City of Tifton as set forth in the act of the General Assembly of Georgia, incorporating said City, approved August 14, 1920 (Ga. L. 1920, pp. 1625 to 1658, inclusive), and acts amendatory thereof; to alter, relocate and define the corporate limits of said city; and for other purposes. Jan. 23, 30; Feb. 6, 1958. G. Gerald Kunes, Attorney. Georgia, Tift County. I, H. M. Rankin, do hereby certify and on oath depose and say that I am the publisher of the Tifton Gazette which is the newspaper in which the sheriff's advertisements for Tift County, Georgia, are published; and that the attached and foregoing instrument notice of intention to apply for local legislation is a true and correct copy of a notice which was published in said newspaper once a week for three weeks on the 23rd and 30th days of January and the 6th day of February in the year 1958; and that said notice has been published as provided by law and as prescribed by Act III, Section VII, Paragraph XV of the Constitution of Georgia. /s/ H. M. Rankin, H. M. Rankin. Page 2701 Sworn to and subscribed before me, this the 8th day of February, 1958. /s/ Ollie P. Davidson, Notary Public. My commission expires September 3, 1958. Approved March 17, 1958. CITY COURT OF STEPHENS COUNTYTERMS. No. 199 (House Bill No. 1049). An Act to amend an Act creating and establishing the City Court of Stephens County, approved February 22, 1937 (Ga. L. 1937, p. 1214), as amended, so as to change the terms 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 creating and establishing the City Court of Stephens County, approved February 22, 1937, (Ga. L. 1937, p. 1214), as amended, is hereby amended by striking from section 4 the words: The said quarterly terms shall be held as follows: Beginning on the fourth Monday in April next after the passage of this Act, and thereafter quarterly on the fourth Monday in July, October, and January of each year. The said monthly terms shall be held as follows: On the fourth Mondays in May, June, August, September, November, December, February and March of each year; and inserting in lieu thereof the following: On and after May 15, 1958, the quarterly terms of said court shall begin on the fourth Monday in May next Page 2702 after the approval of this Act, and thereafter quarterly on the fourth Monday in February, May, August and November of each year. The said monthly terms shall be held as follows: On the fourth Mondays in January, March, April, June, July, September, October, and the third Monday in December of each year; so that section 4, as so amended, shall read: Section 4. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly, the monthly terms for the trial and disposition of both criminal and civil business in which trial by jury is not demanded, and the quarterly terms for the trial and disposition of both civil and criminal business requiring trial by jury. On and after May 15, 1958, the quarterly terms of said court shall begin on the fourth Monday in May next after the approval of this Act, and thereafter quarterly on the fourth Monday in February, May, August and November of each year. The said monthly terms shall be held as follows: On the fourth Mondays in January, March, April, June, July, September, October, and the third Monday in December of each year; provided, that the judge of said city court may dispense with the holding of any one or more of said monthly terms, when, in his opinion, the business before the court does not justify holding the same; and providing, further, that said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. All terms of said court shall be held at the court house in the City of Toccoa, in the said County of Stephens, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court may hold adjourned terms of the regular monthly and quarterly terms of said city court; and the judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2703 Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made at the 1958 session of the General Assembly of Georgia for the passage of the following bill: An Act to amend: An Act to provide for the holding of four terms of court each year of the City Court of Stephens County, Georgia; to provide the time of holding the same so as to provide for the terms of said court to be held on the fourth Monday in February, May, August and November; to repeal conflicting laws; and for other purposes. Frank L. Gross, Representative, Stephens County. 12-194t. Georgia, Stephens County. Personally appeared before me a notary public, the undersigned Robert W. Graves, Sr., who on oath says that he is editor of the Toccoa Record, a newspaper published in the City of Toccoa, being of general circulation and being the legal organ for said County of Stephens, 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 four weeks as required by law; said dates of publication being as follows: December 12, 19, 26, 1957; and January 2, 1958. /s/ Robert W. Graves, Sr. Sworn to and subscribed before me, this the 7th day of February, 1958. /s/ Ollie Mae Stowe, Notary Public, Georgia. (Seal). My Commission Expires December 27, 1961. Approved March 17, 1958. Page 2704 BALDWIN COUNTYELECTION OF CHAIRMAN OF COUNTY COMMISSIONERS. No. 200 (House Bill No. 977). An Act to amend an Act creating a board of county commissioners for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 2725), so as to provide that the board may elect a chairman if the member of the board who is eligible to serve as chairman does not desire to serve; to provide for the term of such 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 county commissioners for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 2725), is hereby amended by adding a new section to be numbered section 1A to read: Section 1A. Any provision of this Act to the contrary notwithstanding, the board of commissioners of roads and revenues of Baldwin County may elect a chairman if the member of the board who is eligible to serve as chairman of the board does not desire to serve and such election shall be for the time that such member who does not desire to serve is entitled to serve as chairman. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Baldwin County. Personally appeared before me the undersigned, Jere N. Moore, editor and publisher of The Union Recorder, who under oath states that the notice of intention to introduce local legislation, of which a copy is attached below, Page 2705 ran in the Union Recorder, the legal organ of Baldwin County, on December 5, 12, 19, 1957. /s/ Jere N. Moore, Jere N. Moore, Editor and Publisher. This 13th day of January, 1958. /s/ Jere M. Power, Notary Public, Baldwin County, Georgia. (Seal). My Commission Expires June 2, 1961. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of County Commissioners for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286) as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 2725), so as to provide that the board may elect a chairman if the member of the board who is eligible to serve as chairman does not desire to serve; to provide for the term of such chairman; to repeal conflicting laws; and for other purposes. Robert L. Griffith, Representative, Baldwin County. E. Culver Kidd, Representative, Baldwin County. D5-3tc. Approved March 17, 1958. Page 2706 EXPENSE ACCOUNTS FOR COMMISSIONERS OF ROADS AND REVENUES OF CERTAIN COUNTIES. No. 202 (House Bill No. 972). An Act to provide for an expense allowance for the commissioner of roads and revenues in certain counties; 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 4,050 and not more than 4,500, according to the United States Census of 1950, or any future census, the commissioner of roads and revenues shall receive the sum of sixty ($60.00) dollars per month as an expense allowance which shall be in addition to all other compensation and allowances now authorized by law. Said sum shall be paid each month from the funds of any such county. Counties where applicable. amount. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. TOWN OF PORTALCHARTER AMENDED. No. 203 (House Bill No.909). An Act to amend an Act incorporating the Town of Portal, approved July 29, 1914 (Ga. L. 1914, p. 1126), as amended by an Act approved August 15, 1916 (Ga. L. 1916, p. 878), so as to provide the time for qualifying by candidates; to provide the time for municipal officials to take office; to provide the time for closing of registration books; to provide for registration in person; to change the voting age; to provide the time for returning taxes and the due date and deadline date Page 2707 for taxes; to prescribe the 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 Town of Portal, approved July 29, 1914 (Ga. L. 1914, p. 1126), as amended by an Act approved August 15, 1916 (Ga. L. 1916, p. 878), is hereby amended by adding a new section, to be known as section 4A, to read as follows: Section 4A. Candidates for the office of mayor and councilmen must qualify at least ten (10) days prior to the date of the election, but not more than thirty (30) days prior to such election. Elections. Section 2. Said Act, as amended, is further amended by adding a new section, to be known as section 5A, to read as follows: Section 5A. After the mayor and each of the councilmen shall hve been issued a certificate of election as hereinbefore provided, the mayor and councilmen shall take office and begin the performance of their duties on the 10th day following the date of their election. Terms of mayor and councilmen. Section 3. Said Act, as amended, is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted that all persons eighteen (18) years of age, who have resided in said town for thirty (30) days next preceding an election, and who have paid all taxes to said town, and who shall in all other respects be qualified to vote in elections for members of the General Assembly of Georgia, and who have registered, shall be entitled to vote in the elections held under this charter. The mayor and council shall provide by ordinance for the registration of voters for elections in said town. All persons must register in person and the registration books shall be closed ten (10) days prior to the date of an election and shall be reopened within ten (10) days after an election. Page 2708 Section 4. Said Act, as amended, is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. Be it further enacted that property shall be returned for taxation during the months of January, February and March of each year, and shall become due on the 20th day of October in each year and must be paid by the 20th day of December in each year. Taxes. 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 our intention to introduce in the 1958 session of the General Assembly of Georgia, a bill amending the charter of the City of Portal so as to specify the term of office of city officials, prescribe voters registration regulations, provide a qualification date of candidates for city offices, specify a time for making tax returns and paying taxes and for other purposes. Francis W. Allen, Wiley B. Fordham. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Francis W. Allen, who, on oath, deposes and says that he is Representative from Bulloch County, and that the attached copy of notice of intention to introduce local legislation was published in the Bulloch Times which is the official organ of said County, on the following dates: January 9, 16, 23, 1958. /s/ Francis W. Allen, Representative, Bulloch County. Page 2709 Sworn to and subscribed before me, this 29th day of January, 1958. /s/ G. Hughel Harrison, Notary Public, Georgia, State at Large. (Seal). My Commission Expires April 30, 1961. Approved March 21, 1958. CITY COURT OF ATHENSGRAND JURY INDICTMENTS. No. 204 (House Bill No. 1138). An Act to amend an Act establishing a City Court in the County of Clarke (now known as the City Court of Athens), approved September 9, 1879 (Ga. L. 1879, p. 291), as amended, so as to provide that any person subject to the jurisdiction of said court shall have the right to demand an indictment by the grand jury of the County of Clarke; 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 in the County of Clarke (now known as the City Court of Athens), approved September 9, 1879 (Ga. L. 1879, p. 291), as amended by an Act approved September 23, 1885 (Ga. L. 1885, p. 481), an Act approved December 9, 1892 (Ga. L. 1892, p. 223), an Act approved December 18, 1894 (Ga. L. 1894, p. 210), an Act approved December 18, 1894 (Ga. L. 1894, p. 212), an Act approved December 16, 1895 (Ga. L. 1895, p. 357), an Act approved November 29, 1899 (Ga. L. 1899, p. 351), an Act approved December 8, 1899 (Ga. L. 1899, p. 353), an Act approved August 19, 1911 (Ga. L. 1911, p. 235), an Act approved August 7, 1912 (Ga. L. 1912, p. 189), an Act approved August 14, 1913 (Ga. L. 1913, p. 143), an Act Page 2710 approved August 14, 1917 (Ga. L. 1917, p. 218), an Act approved February 8, 1939 (Ga. L. 1939, p. 447), an Act approved March 27, 1941 (Ga. L. 1941, p. 619, an Act approved January 30, 1951 (Ga. L. 1951, p. 2035), an Act approved March 7, 1955 (Ga. L. 1955, p. 2959), an Act approved February 21, 1957 (Ga. L. 1957, p. 2203), particularly by an Act approved December 18, 1894 (Ga. L. 1894, p. 210), is hereby amended by striking from an Act approved December 18, 1894 (Ga. L. 1894, p. 210), section 2 thereof in its entirety and inserting in lieu thereof a new section which shall read as follows: Section 2. Be it further enacted that in all criminal cases within the jurisdiction of said city court, the defendant shall have the right to demand an indictment by the grand jury of the County of Clarke, which shall be returnable to the City Court of Athens, provided he makes this demand in writing by himself and his counsel before plea is filed, and filing a plea shall be held to be a waiver of his right to demand an indictment. In case the defendant should demand an indictment as above designated, the judge shall require of him good bond and security to appear and answer to such indictment if found. at such time and place as said indictment may be tried. If no such bond and security is given, then such judge shall commit to jail for safekeeping the person so accused in demanding said indictment until the proper grand jury can act upon the charge and until the case can be legally determined. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Clarke. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chappelle Matthews, who, on oath, deposes and says that he is Representative from Clarke County, and that the attached copy of notice of intention to introduce local legislation was published in the Athens Banner Herald Page 2711 which is the official organ of said county, on the following dates: January 24, 31, February 7, 1958. /s/ Chappelle Matthews, Representative, Clarke County. Sworn to and subscribed before me, this 15th day of February, 1958. /s/ Harold L. Murphy, Notary Public, Haralson County, Georgia. Notice. Notice is hereby given that, in response to recommendations of the Athens Bar Association, local legislation will be introduced at the session of the General Assembly of Georgia commencing 13 January 1958, to amend an Act establishing a City Court in the County of Clarke (now known as the City Court of Athens), approved September 8, 1879, (Ga. L. 1879, p. 291), as amended, so as to provide that any person subject to the jurisdiction of said court shall have the right to demand an indictment by the grand jury of the County of Clarke. Chappelle Matthews, Robert G. Stephens, Jr., Representatives, Clarke County. Julian H. Cox, Senator, Fiftieth District. J 10-17-24-31. Approved March 21, 1958. Page 2712 TOWN OF KITECHARTER AMENDED. No. 205 (House Bill No. 1173). An Act to amend an Act entitled An Act to incorporate the Town of Kite in the County of Johnson and to provide for the election of a mayor and council and to define their powers and duties; and for other purposes, approved September 11, 1891 (Ga. L. 1890-91, Vol. 2, p. 755), as amended, particularly by an Act approved March 7, 1956 (Ga.L. 1956, p.3157), so as to provide the term for the mayor and council; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the Town of Kite in the County of Johnson and to provide for the election of a mayor and council and to define their powers and duties; and for other purposes, approved September 11, 1891 (Ga. L. 1890-91, Vol. 2, p. 755), as amended, particularly by an Act approved March 7, 1956 (Ga. L. 1956, p. 3157), is hereby amended by striking section 3 in its entirety and in lieu thereof inserting the following: Section 3. On the first Saturday in December, 1958, there shall be an election held for an election of a mayor and three councilmen. Such election shall be conducted in the same manner as an election for members of the General Assembly in this State, and each person residing within the corporate limits of said town who shall be qualified to vote for the members of the General Assembly shall be qualified to vote in such election for mayor and councilmen and the person or persons who shall receive the highest number of votes for either of the above named officers shall be declared duly elected. The marshal and clerk shall be elected by the mayor and council immediately upon their election or as soon thereafter as practicable. The mayor and councilmen elected at such election shall serve for a term of two years and Page 2713 until their successors are elected and qualified. Thereafter, the mayor and councilmen shall be elected on the first Saturday in December in each even numbered year to serve for a term of two years and until their successors are elected and qualified. The mayor and councilmen shall assume office on January first following their election. Election and terms of mayor and councilmen. Section 2. The terms of the incumbent mayor and councilmen shall expire on December 31, 1958, or until their successors are elected and qualified. Same. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Johnson County. In person before the undersigned appeared Emory L. Rowland who on oath says that he is a member of the General Assembly from Johnson County, Georgia and that he is author of House Bill No. 1173 and that the attached notice was published in the Wrightsville Headlight, a newspaper in Johnson County in which sheriff's advertisements are published, on the 16th, 23rd and 30th days of January, 1958 and that this affidavit is made in compliance with provisions of law regarding application for local legislation. /s/ Emory L. Rowland. Sworn to and subscribed before me, this March 8, 1958. /s/ J. C. Harrison, C. S. C. Johnson County, Georgia. (Seal). To Whom it May Concern. This is to notify all persons at interest that I shall introduce in the 1958 session of Legislature a bill to amend Page 2714 the charter of the City of Kite to fix the terms of office of mayor and council; and for other purposes. This the 13th day of January, 1958. Emory L. Rowland. Approved March 21, 1958. COMPENSATION OF CLERKS OF THE SUPERIOR COURT AND THEIR ASSISTANTS IN CERTAIN COUNTIES. (No. 207 House Bill No. 1150). An Act to amend an Act providing for a salary in lieu of fees for the clerk of the superior court of certain counties, approved March 20, 1937 (Ga. L. 1937, p. 604) as amended so as to change the compensation of the first and second assistants to said clerk, and to provide for a third assistant and to fix his compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Notice of Intention to Introduce Local Legislation. Section 1. An Act providing for a salary in lieu of fees for the clerk of the superior court of certain counties, approved March 20, 1937 (Ga. L. 1937, p. 604) as amended by striking section 2 thereof in its entirety, and inserting in lieu thereof a new section which shall read as follows: Section 2. The salary of the clerk of the superior court (whether he be ex-officio clerk of other courts or not) in all such counties as are described in section 1 of this Act is hereby fixed at the sum of forty-eight hundred dollars ($4,800.00) per annum; and the salary of his chief deputy clerk or first assistant shall be two hundred Page 2715 dollars ($200.00) per month; and the salary of his second assistant shall be one hundred seventy-five dollars ($175.00) per month; and the salary of his third assistant shall be one hundred fifty dollars ($150.00) per month. The county board of commissioners of roads and revenues of each of said counties, if there be such, (whether that body shall consist of one or more commissioners), or if there be no such board, then the ordinary or other county authority of each of said counties having charge of the roads and revenues of said county, shall pay the salaries so fixed to the clerk, the chief deputy clerk and the second and third assistant clerks upon the warrants drawn from said county. Section 2. The provisions of this Act shall become effective March 1, 1958. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Notice of Special Legislation. To The People of Bulloch County: Take notice that we will, at the 1958 session of the General Assembly of Georgia introduce a bill to amend the Act of the General Assembly of Georgia, as approved February 9, 1949, which bill will affect the office of the Clerk of the Superior Court and City Court of Statesboro, Bulloch County, effective as of March 1, 1958, and which bill will fix the salary of the clerk's chief deputy clerk or first assistant at two hundred dollars ($200.00) per month, the salary of the clerk's second assistant at one hundred seventy-five ($175.00) per month, to provide for a third assistant at a salary of one hundred fifty dollars ($150.00) per month, and for other purposes, effective March 1, 1958. Francis W. Allen, Wiley B. Fordham, Representatives, Bulloch County. Page 2716 3t52c. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Francis W. Allen, who, on oath, deposes and says that he is Representative from Bulloch County, and that the attached copy of notice of intention to introduce local legislation was published in the Bulloch Times, which is the official organ of said county, on the following dates: January 30; February 6, 13, 1958. /s/ Francis W. Allen, Representative, Bulloch County. Sworn to and subscribed before me, this 13th day of February, 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My Commission Expires October 10, 1961. Approved March 21, 1958. CATOOSA COUNTYCOUNTY COMMISSIONER. No. 208 (House Bill No. 1176). An Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Catoosa, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1817), an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2293) and an Act approved March 3, 1955 (Ga. L. 1955, p. 2527), so as to change the qualifications of the commissioner of roads and revenues; to change the method of auditing the books and records of the county commissioner; Page 2717 to change the method of payment and the amount of compensation of the clerical assistant 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 Revenue for the County of Catoosa, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1817), an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2293) and an Act approved March 3, 1955 (Ga. L. 1955, p. 2527) is hereby amended by striking from section 3 of said Act the figure, 25, and by substituting in lieu thereof the figure, 30, so that section 3, as amended hereby, shall read: Section 3. Be it further enacted by the authority aforesaid, that in order to be eligible to hold the office of said commissioner, one must have attained the age of 30 years, must have resided in said county for four years next preceding the term for which he is elected, must be of good moral character, and must have some practical experience. Qualification of Commissioner. Section 2. Said Act is further amended by striking therefrom section 9 in its entirety and by substituting in lieu thereof a new section 9 to read: Section 9. The compensation of the said commissioner of roads and revenue shall be five thousand dollars ($5,000.00) per annum to be paid at the rate of four hundred, sixteen dollars and sixty-six cents ($416.66) per month at the end of each calendar month. Said commissioner is authorized to employ a clerical assistant at a salary of two thousand four hundred ($2,400.00) dollars per annum, payable monthly out of county funds. Said commissioner is further authorized to pay his expenses necessarily incurred while traveling outside of the county in the transaction of county business, provided, however, Page 2718 that said expense shall not exceed six hundred ($600.00) dollars per annum. The commissioner shall be required to keep his office at the courthouse open from nine thirty (9:30) a.m. to twelve (12:00) o'clock noon of each week day except on holidays. Commissioner's compensation, clerical assistance, expenses. Section 3. Said Act is further amended by striking the first sentence of section 16 in its entirety and by substituting in lieu thereof a new first sentence to section 16 to read: Section 16. Be it further enacted by the authority aforesaid, that said commissioner, at the end of each quarter, shall employ a qualified auditor to audit his books and records and make up an itemized statement showing all amounts collected and expended on behalf of the county during that quarter. Audits. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, for the passage of the following bill: An Act to amend an Act approved February 23, 1943, entitled An Act to create the office of commissioner of roads and revenue of the County of Catoosa; to provide for his election and recall; to provide for the term of office of said commissioner; to define certain qualifications of such commissioner; to define the duties of such commissioner, etc. (Ga. L. 1943, p. 858, et seq.,) and all amendatory Acts thereof, for the purpose of changing the qualifications of the county auditor; to change the eligibility of the person holding the office of commissioner; to change the method of payment and the amount of salary of the clerk of the commissioner, and to limit the jurisdiction and powers of the commissioner's office, by making it subject to the process of injunction and mandamus when the discretionery powers of such office are abused and for other purposes. Page 2719 This 13th day of January, 1958. John W. Love, Jr., Representative, Catoosa County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Love, Jr., who, on oath, deposes and says that he is Representative from Catoosa County, and that the attached copy of 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 23, 30; February 6, 1958. /s/ John W. Love, Jr., Representative, Catoosa County, Georgia. Sworn to and subscribed before me, this 17th day of February, 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My Commission Expires October 10, 1961. Approved March 21, 1958. FULTON COUNTYEMPLOYEES RETIREMENT SYSTEM. No. 210 (House Bill No. 1146). An Act to amend an Act providing retirement benefits and pensions for employees of Fulton County, and for other purposes, approved March 3, 1939 (Ga. L. 1939, p. 571 et seq.), as heretofore amended, so as to provide how former employees who have credit for at least 15 years' service may qualify for retirement benefits and pensions; to specify the amount of benefits and pensions for such persons; to provide conditions upon which application for such benefits and pensions may be entertained; to provide for the repayment of sums withdrawn from pension funds; to repeal all conflicting laws, and for other purposes. Page 2720 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 providing for retirement benefits and pensions for employees of Fulton County, and for other purposes, approved March 3, 1939 (Ga. L. 1939, p. 571 et seq.), as amended, be and the same is hereby further amended by adding thereto the following: Any present or former officer or employee of Fulton County who, during his period of service, has acquired a credit for service of at least 15 years, and who has failed to be re-elected or re-appointed, or whose office has been abolished, shall be entitled to apply of and receive a pension of $6.00 per month for each year of such service so credited; provided, that no such application shall be entertained until such officer or employee has attained the age of 55 years or is totally and permanently disabled. In any event, the officer or employee claiming the benefit of this Act shall repay, with three (3%) per cent interest, all sums, if any, which he has withdrawn from any pension fund before receiving any benefit hereof. 1939 Act amended. Section 2. All laws and parts of law 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 and publisher of the Daily Report Company, which publishes Page 2721 the Fulton County Daily Report, and he is the publisher 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 16th, 23rd, 30th days of January, 1958, as provided by law. /s/ Frank Kempton, Frank Kempton. Sworn to and subscribed before me, this 11th day of February, 1958. /s/ Bessie K. Crowell, Notary Public. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1958 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). This January 15, 1958. Charlie Brown, Senator, 52nd District. Jan. 16, 23, 30. Approved March 21, 1958. CITY OF COLLEGE PARKCHARTER AMENDED. No. 212 (House Bill No. 906). 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 Page 2722 passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, etc., 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 (now the City of College Park); to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895 (Ga. L. 1895), as amended, is hereby further amended by striking Section XIX set forth on page 255, Georgia Laws 1895, in said Act and inserting in lieu thereof the following: Section XIX. Be it further enacted by the authority aforesaid, that the mayor shall be the chief executive officer of the city except with respect to the powers and duties granted by the charter of the City of College Park to the city manager of said city. The mayor shall preside over the deliberations of the council, and shall not be entitled to vote, except in case of a tie. Mayor's duties. Section 2. That said Act, as identified in section 1 of this Act, as amended, be and the same is hereby further amended by adding thereto the following: Section M. a. The mayor and council of the City of College Park shall select and appoint a city manager for the City of College Park, who shall, subject to the control, direction and supervision of the mayor and council, be the head of the administrative branch of the municipal government of the City of College Park and responsible for the efficient administration of all departments of said municipal government. City manager. Page 2723 b. The city manager shall be chosen solely on the basis of ability, training and experience. He shall be a male citizen of the United States. At the time of his appointment he need not be a resident of the city or State, but during his tenure of office he shall reside within the city. No person elected to be mayor or councilman of the City of College Park shall, subsequent to such election, be eligible for appointment as city manager until after one year has elapsed following the expiration of the term for which he was elected. c. The city manager shall be appointed for an indefinite term, shall hold office at the pleasure of the mayor and council, and may be removed from office by the mayor and council at their discretion. He shall not be subject to the civil service or pension laws of the city. d. The mayor and council may designate a person or persons to perform the functions and duties of the city manager during his absence or disability. Vacancies in the office of city manager shall be filled by the mayor and council as early as practicable, and until such vacancy is filled, the mayor and council shall have full powers to make a temporary appointment or to perform the functions and duties of his office. e. The city manager shall receive such compensation as from time to time may be prescribed by ordinance or resolution by the mayor and council. f. The city manager shall devote his full time and attention to the affairs of the city, and shall be responsible to the mayor and council for the efficient administration of all the affairs of the city over which he has jurisdiction. g. Subject to the control, direction, and supervision of the mayor and council, the city manager shall have power and it shall be his duty: Page 2724 (1) To see that all laws and ordinances are enforced. (2) To see that the business and affairs of the city are efficiently organized and handled. (3) To exercise administrative control over all regular departments and divisions of the City of College Park, provided that the city manager shall not have or exercise any control over the College Park Planning Commission, Board of Zoning Appeals, Recreation Commission, or other special board, commission, committee, authority or body set up under any general law or any ordinance or agreement of the mayor and council. (4) To recommend to the mayor and council for appointment as required department heads for departments authorized by the mayor and council. Department heads with the approval of the city manager shall appoint and remove all subordinate officers and employees in their respective offices and departments; provided however, they shall be guided in their actions by City of College Park Civil Service laws and regulations. Upon failure of such department heads and/or the city manager to act in making such appointments and recommendations, the mayor and council shall have full authority and power to act. Nothing herein shall prevent the mayor and council from creating, abolishing, consolidating, altering or modifying departments. (5) To attend the meetings of the mayor and council, with the right to take part in all discussions, but having no vote. (6) To recommend to the mayor and council for adoption such measures as he may deem necessary or expedient. (7) To prepare and submit to the mayor and council an annual budget. (8) To keep the mayor and council fully advised as to the financial condition and needs of the city. (9) To make and execute all lawful contracts on behalf of the City of College Park as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance or resolution of the mayor and council; provided that no contract, purchase, or obligation, involving more than five hundred ($500.00) dollars shall be valid or binding until approved by the mayor and council; and provided further that without approval of the mayor and council neither the city manager nor other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth of the annual budget, therefor, as fixed by the mayor and council. (10) To make to the mayor and council monthly written reports showing his acts and doings, the operations of the city, and all city disbursements, purchases, contracts, and obligations. (11) To perform such other duties as may be required by ordinance or resolution of the mayor and council. (12) To give bond in the penal sum fixed by the mayor and council with surety approved by the mayor and council, payable to the City of College Park, and its successors and assigns, for the benefit of the said City of College Park and for the use and benefit of the public to secure and idemnify the City of College Park and each and all of the public, by reason of his default, misfeasance, malfeasance, and/or non-feasance in the performance of his duties. The premium of such bond shall be paid by the City of College Park. Page 2725 Section 3. A special election shall be called and held in the City of College Park, as provided in section 69-101 and 69-102 of the Code of Ga. 1993, to determine whether or not this Act shall become of force and effect; and this Act shall be and become of force and effect only in event a majority of those voting in said special election shall vote in favor of putting this Act into effect. Referendum. Section 4. Notice of intention to apply for the Page 2726 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 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, Fulton County. 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, 24, 31 days of December, 1957, and on the 8, 15, 22 days of January, 1958, as provided by law. /s/ Frank Kempton. Sworn to and subscribed before me, this 24th day of January, 1958. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My Commission Expires March 8, 1958. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City Page 2727 of College Park, 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 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, etc., 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 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W., Main Street, College Park, Georgia. Dec. 18, 25, Jan.1 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 the publication of which the annexed is a true copy, was published in said paper on the 26th day of December, 1957, and once each week thereafter for 4 weeks as provided by law. /s/ Jack Troy. Sworn to and subscribed before me, this 23rd day of January, 1958. /s/ T. F. Nicholson, My Commission Expires October 24, 1958. Notary Public, Clayton County, Georgia. Page 2728 Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N.W., Main Street, College Park, Georgia. Approved March 21, 1958. CITY OF MACONCHARTER AMENDED. No. 215 (House Bill No. 1159). An Act to amend an Act approved August 3, 1927, creating a new charter for the City of Macon, appearing on pages 1283-1357 inclusive of the published Acts of the General Assembly of Georgia of 1927, as said Act may have subsequently been amended, by repealing in its entirety section 44 of said Act, relating to the jurisdiction of the recorder's court of said city, enacting in lieu Page 2729 thereof a new section, to be designated section 44, relating to the same subject matter and enlarging the jurisdiction of said court by conferring thereon the additional power and authority to punish for contempts of said court and to punish defendants for nonattendance therein; by repealing in its entirety section 46 of said Act, relating to the powers of recorder of said city, enacting in lieu thereof a new section, to be designated section 46, relating to the same subject matter, defining the offense of contempt of said court and enlarging the powers of said recorder by conferring upon said recorder the additional power and authority to punish for contempt of said court and to impound and condemn fire arms which have been illegally used in 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 authority of the same, that the Act approved August 3, 1927, creating a new charter for the City of Macon, appearing on pages 1283-1357 inclusive of the published Acts of the General Assembly of Georgia of 1927 and the several Acts amendatory thereof, be, and the same is hereby, amended as follows: Section 1. Section 44 of the Act of the General Assembly of Georgia, approved August 3, 1927, creating a new charter for the City of Macon, appearing on pages 1283-1357 inclusive of the published Acts of the General Assembly of Georgia of 1927, and as said Act may have subsequently been amended, said section 44 appearing on page 1312 of said Acts be, and the same is, hereby repealed in its entirety and it is enacted in lieu thereof a new section, to be designated section 44, which shall read as follows: Section 44. Recorder's CourtJurisdiction of. There shall be a recorder's court established for the City of Macon which shall have the jurisdiction and authority to try all offenses against the laws and ordinances of the municipal government and to punish for a violation of the same. Said court shall have power to enforce its judgements Page 2730 by the imposition of such penalties as may be provided by law; to punish for contempts of said court; to punish witnesses and defendants for nonattendance in said court; to punish any person who may counsel, advise, aid, encourage or persuade another, whose testimony is desired or material in any proceeding before the recorder, to go or move beyond the reach of the process of said court. Said court shall be presided over by the city recorder or, in his absence or disability, by anyone of those persons authorized to preside in said court under the terms of section 49 of the charter of said city. Said court shall be held daily or as often as may be necessary to clear the city prison. Section 2. Section 46 of the Act of the General Assembly of Georgia approved August 3, 1927, creating a new charter for the City of Macon, appearing on pages 1283-1357 inclusive of the published Acts of the General Assembly of Georgia of 1927 and as said Act may subsequently have been amended, said section 46 appearing on pages 1312 and 1313 of said Acts, be, and the same is, hereby repealed in its entirety and there is enacted in lieu thereof a new section, to be designated section 46, which shall read as follows: Section 46. RecorderPowers of. (a) The recorder of the City of Macon shall have the power and authority to impose upon the violator of any law or ordinance of said city, for each violation thereof, the following punishments: a fine not to exceed $300.00, imprisonment in the city prison for a period of not more than 40 days, commitment at labor upon the public works and streets of said city for a period of not more than 60 days; and said recorder shall have the further power and authority to impose any one or all of these punishments upon such violator when, in his discretion, the facts of the case justify such punishments; provided however, that each contempt of recorder's court shall be punishable either by imposition of a fine not exceeding $100 or by imprisonment in the city prison for a period of time not exceeding 30 days. Page 2731 (b) Said recorder shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to the jail of the County of Bibb, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. (c). Whenever, upon the trial of any case in the recorder's court of the City of Macon, it is determined by the recorder that any pistol, shotgun, rifle or other firearm has been used by the owner thereof, or with the owner's consent, illegally and that said firearm is not needed as evidence in any other court, said recorder is authorized and empowered, in his discretion, either to order said firearm impounded for a definite or indefinite time, as he may prescribe, or to adjudge said firearm to be a nuisance and to condemn the same as such, as being opposed to the peace, good order and safety of the city and its citizens. All firearms, which are ordered impounded by the recorder, shall be held in safekeeping by the clerk of said court to await the further order of the recorder. In all cases in which firearms are condemned by the recorder, should said recorder find as a fact that said firearm is a danger to any person firing or attempting to fire same, as aforesaid, it shall be his duty to order the immediate destruction thereof by the clerk of said court. Any other firearm so condemned by said recorder shall, upon order of the recorder, be delivered to the city marshal for sale at public outcry under the same procedure as property seized under a tax fi. fa. is sold. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned attesting officer, J. Douglas Carlisle, Representative from Bibb County, who, first being duly sworn, deposes and says Page 2732 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 December 28, 1957, January 4 and January 11, 1958, during a period of sixty 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 14th day of February, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of the following local legislation at the 1958 session of the General Assembly, which convenes on Monday, January 13, 1958: 1. An Act to amend section 2 of the charter of the City of Macon, as amended, relating to the corporate limits of the City of Macon, by adding thereto a description of new territory to become a part of the City of Macon; 2. An Act to amend section 46 of the charter of said city, as amended, relating to the powers of the recorder of the City of Macon, so as to define the offense of contempt of the recorder's court of the City of Macon and enlarge the powers of said recorder so as to include the power to punish for contempt of said court and to impound and condemn firearms which have been illegally used in said city; Page 2733 3. An Act to amend section 48 of the charter of the City of Macon, as amended, relating to the clerk and other officers of the recorder's court so as to make specific provision for the office of the clerk of the recorder's court and his election, to define his powers and duties, and to provide for his compensation; 4. An Act directing the City of Macon to close, vacate and abandon and discontinue the use of the Old City Cemetery located in a portion of square 35 and in a portion of the original right of way of Seventh Street lying east of said square in the City of Macon for cemetery purposes; directing the removal of the remains of the bodies buried in said Old City Cemetery, together with the headstones and monuments therein, from said square 35 and from said portion of Seventh Street, and the reinterment thereof in an appropriate area of Rose Hill Cemetery in the City of Macon set part for said purpose; directing the City of Macon to pay the costs thereof and to erect in said portion of Rose Hill Cemtery a suitable memorial commemorating and honoring the 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 27th day of December, 1957. C. Cloud Morgan, City Attorney. Approved March 21, 1958. Page 2734 CITY OF AUGUSTACHARTER AMENDED. No. 216 (House Bill No. 1078). 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 all that part of Lake Olmstead on the west side of the Washington Road; 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: All that tract or parcel of land, situate, lying and being in Richmond County, Georgia, commencing at the intersection of the south bank of Rae's Creek and the east side of Broad Street in the City of Augusta, Richmond County, Georgia, and continuing thence in a generally westerly direction along the south bank of Rae's Creek to a point, such point being the intersection of the east right-of-way of East Vineland Road projected and the south bank of Rae's Creek; thence across Rae's Creek in a northerly direction along the east right-of-way of East Vineland Road projected to the north bank of Rae's Creek; thence in a generally easterly and southeasterly direction along the north bank of Rae's Creek and the high water or flow line of Lake Olmstead to its intersection with the existing corporate limits on the northeast side of the bridge over Rae's Creek; thence in a generally southwesterly direction along the existing corporate limits Page 2735 across Rae's Creek to the south bank of Rae's Creek, the point of beginning, so as to include all that part of Lake Olmstead on the west side of Washington Road and Broad Street. Corporate limits. Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Section 3. That there is attached hereto, and by reference made a part of the Act, evidence that notice of intention to apply for local legislation has been given as required by law. Affidavit of Publication. E. D. Fulcher, City Attorney, The City Council of Augusta. 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 notice of intention to apply for local legislation, duly appeared in said newspaper on the following dates to wit: December 13, 20, 27, 1957. /s/ Marie LeRoy, Secretary. (Title). Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Katie Broadwater, Notary Public, Richmond County, Georgia. (Seal). My Commission Expires July 13, 1959. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the following local legislation Page 2736 will be introduced at the January-February, 1958 session of the General Assembly of Georgia: 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 all that part of Lake Olmstead on the west side of Washington Road; and for other purposes. E. D. Fulcher, City Attorney, The City Council of Augusta. Dec. 13, 20, 27. Approved March 21, 1958. CITY COURT OF BLACKSHEARJUDGE'S SALARY No. 217 (House Bill No. 920). An Act to amend an Act entitled An Act to amend an Act to establish the City Court of Blackshear in and for the County of Pierce; to define its jurisdiction; to provide for the appointment of a judge, solicitor and other officers thereof, and to define their powers, duties and compensation; and for other purposes, approved August 15, 1911, (Ga. L. 1911, p. 210-229), as amended by Act approved March 2, 1933 (Ga. L. 1933, p. 309-312), and all Acts amendatory thereof; to stipulate, provide for salary and the payment thereof of the judge of said court; 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 from and after the passage and approval of this Act the Act of the General Assembly of Georgia approved August 15, 1911 (Ga. L. 1911, p. 210-229), Page 2737 creating the City Court of Blackshear referred to in the caption of this Act, and all Acts amendatory thereof, and particularly the Act of the General Assembly approved March 2, 1933 (Ga. L. 1933, p. 309-312), is amended by striking therefrom the amounts relating to the salary and compensation of the judge of the said City Court of Blackshear, and by striking from section two of said Act approved March 2, 1933 (Ga. L. 1933, p. 311), the following: The judge of the city court shall receive a salary of eighteen hundred dollars ($1,800.00) per annum, and to substitute therefor the following: The judge of the City Court of Blackshear shall receive a salary of two thousand four hundred dollars ($2,400.00) per annum. Section 2. Be it further enacted by the authority aforesaid that the said Act of 1911 creating the City Court of Blackshear and all Acts amendatory thereof, and particularly the said Act of 1933 as approved March 2, 1933 (Ga. L. 1933, p. 309-312), is amended by striking section three of the said Act of 1933, approved March 2, 1933 (Ga. L. 1933, p. 311-312), and substituting in lieu thereof the following to be known as section three; Section 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, that the salary of the Judge of the City Court of Blackshear shall be two thousand four hundred dollars ($2,400.00) per year, and shall be paid from any funds of Pierce County, by the official or officials handling the fiscal affairs of said county in equal monthly installments, to take effect immediately from the date of the approval of this Act. Section 3. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same that all Acts, Laws and portions of Acts and Laws Page 2738 in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia a bill to amend the Act of 1911 approved August 15, 1911 (Ga. L. 1911, p. 210-229), and all Acts amendatory thereof, to establish a City Court of Blackshear, to provide for the officers thereof; to define their duties, powers, and salaries; to provide therein how the salaries will be paid; and for other purposes. This the 13th day of January, 1958. /s/ W. H. Kimmons, Representative, Pierce County, Georgia. Georgia, Pierce County. Personally appeared W. H. Kimmons before me, the undersigned officer duly authorized to administer oaths, who, on oath deposes and says that he is the Representative from Pierce County, Georgia, and that the attached copy of notice of intention to introduce local legislation was published in The Blackshear Times which is the official organ of Pierce County, on the following dates: January 16, 23, 30, 1958, all as provided for by the statutes of this State. /s/ W. H. Kimmons, W. H. Kimmons, Representative, Pierce County, Georgia. Sworn to and subscribed before me, this the 3rd day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 21, 1958. Page 2739 CIVIL COURT OF FULTON COUNTYCHIEF DEPUTY CLERK AND CHIEF DEPUTY MARSHAL. No. 219 (House Bill No. 1119). 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 2, 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 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, and the several Acts amendatory thereof, so as to prescribe the duties and fix the salaries of the chief deputy clerk and the chief deputy marshal of the Civil Court of Fulton County 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 March 1, 1958 the act entitled An Act to amend 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 2, 1912, relating Page 2740 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 pursuant 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, and the several Acts amendatory thereof, be and the same is hereby amended by adding two new sections to said Act to be numbered section 23-A and 24-A to read as follows: Section 23-A. The chief deputy clerk shall also serve as chief assistant and administrative officer to the clerk of the Civil Court of Fulton County and as such, shall aid the clerk in expediting the transaction of the business of the office of clerk of the Civil Court of Fulton County in such manier as the said clerk and the judges of said court may direct; and shall receive as compensation for such services a salary of seven thousand two hundred ($7,200.00) dollars per year, payable in equal monthly installments out of the treasury of Fulton County, subject to be increased or diminished by the county commission, uniformly with the salaries of other chief deputies whose salaries are fixed by law. Chief Deputy Clerk. Section 24-A. The chief deputy marshal shall also serve as chief assistant and administrative officer to the marshal of the Civil Court of Fulton County and as such, shall aid the marshal in expediting the transaction of business of the office of marshal in such manner as the Page 2741 marshal and the judges of the said court may direct, and shall receive as compensation for such service a salary of seven thousand two hundred ($7,200.00) dollars per year, payable in equal monthly installments out of the treasury of Fulton County, subject to be increased or diminished by the county commission, uniformly with the salaries of the other chief deputies whose salaries are fixed by law. Chief Deputy Marshal. 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. Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation and declares that notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice is hereto attached and made a part thereof. 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 10, 17, 24 days of January, 1958, as provided by law. /s/ Frank Kempton. Sworn to and subscribed before me, this 28th day of January, 1958. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My Commission Expires March 8, 1958. Page 2742 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, 1958, 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 10th day of January, 1958. Hewett W. Chambers, Clerk, Civil Court of Fulton County. Jan. 10, 17, 24, 31. 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 10, 17, 24 days of January, 1958. As provided by law. /s/ Frank Kempton. Sworn to and subscribed before me, this 28th day of January, 1958. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My Commission Expires March 8, 1958. Page 2743 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, 1958, 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 10th day of January, 1958. Hewett W. Chambers, Clerk, Civil Court of Fulton County. Jan. 10, 17, 24, 31. Approved March 21, 1958. CITY OF FAIRBURNCHARTER AMENDED. No. 220 (House Bill No. 968). An Act to amend an Act establishing a new charter for the City of Fairburn, approved August 3, 1925, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The Section 8, of said charter of the City of Fairburn, as found in Georgia Laws 1925, at page 1030, be amended by striking said section 8, in its entirety and inserting a new section 8, which shall read as follows: Section 8. Be it further enacted by the authority aforesaid, That said city shall be laid off into four (4) wards as above provided and that one (1) councilman shall be elected for each ward at the next annual election by the qualified voters of said city and two (2) councilmen shall be elected at the next annual election from the city at large whose compensation not to exceed three hundred ($300.00) dollars per annum shall be fixed by the mayor and council but shall not be increased or diminished during the term for which said member is elected, and no person shall be eligible to represent, in the city council, any ward, unless he be a bona fide resident of such ward. The term of office of each councilman shall be two years except the six councilmen elected at the first meeting held after their election and three shall serve one year and three two years and there shall be an election annually thereafter for the election of three councilmen to fill the places of three councilmen whose terms expire at the end of said year, it being the purpose of this section to provide that the election for councilmen shall be annually so that one-half shall go out each year. Provided that at the drawing for terms above specified it be done separately by the councilmen from the city at large so that at each election after the first a councilman from the city at large shall be elected. Election of councilmen, terms, etc. Page 2744 Section 2. Be it further enacted by the authority aforesaid that section 9, of said charter of the City of Fairburn, as found in Georgia Laws 1925, at pages 1030 and 1031, be amended by striking said section in its entirety, and inserting a new section 9, which shall read as follows: Section 9. Be it further enacted, that on the first Wednesday following the first day of January, 1959, and annually thereafter on the same day, an election shall be held in said city at the city hall in said city and in the manner as is now or may hereafter be adopted for holding elections in the County of Fulton, for the purpose of electing such officers of said city whose terms of office have expired, and the term of office of the person or persons elected shall begin on the Monday night following said election. In the event no election is held at the regular time as provided by this Act a special election may be Page 2745 called by the mayor and council to be held on some other date first giving ten (10) days notice of such election by posting notice thereof at some public place in each ward and on the door of the city hall in said City of Fairburn. Same, time and manner of elections. Section 3. Be it further enacted by authority aforesaid that section 16, of said charter of the City of Fairburn, as found in Georgia Laws 1925, at pages 1033 and 1034, be amended by striking said section in its entirety and inserting a new section 16, which shall read as follows: Section 16. Be it further enacted, That the mayor shall receive a salary, not to exceed six hundred ($600.00) dollars per annum, to be fixed by the city council at such sum as they may deem commensurate with the services performed by the mayor. The mayor shall be the chief executive officer of said city and see that the ordinances, by-laws, rules and orders of the city council are faithfully executed. He shall have control of the marshal and police force of said city and may appoint special officers to be known as deputy marshals whenever he may deem it necessary for the protection of persons or property or either and for the preservation of peace and good order of said city. He shall preside at all meetings of the city council and shall have the veto power and may veto any ordinances, orders or resolutions of the city council in which event the same shall not become a law or enforcible unless subsequently passed over his veto, after considering his reasons for the same, by a vote of at least four councilmen or a yea and nay vote duly recorded in the minutes of said council provided, however, the mayor shall not exercise his power of veto unless he shall reduce the same to writing and file the same with the clerk of said city within four days after the passage of the measure vetoed. All city employees under the jurisdiction of the mayor and council shall be directly and immediately subject to the mayor and he shall have the right to remove any employee by written order upon the cause, said order to be subject to the approval or rejection of the city council at their next regular meeting after the passage or issuance of such order by the mayor. Page 2746 The mayor shall have general supervision of the affairs of the city. He shall have power or authority to convene the city council in extra session whenever he deems it proper so to do and he shall have vested in him all the powers and duties as are vested by general laws in the mayors of this State. Mayor. Section 4. Be it further enacted by authority aforesaid, that 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 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 four weeks, on the following dates: January 7, 14, 21 and 28, 1958, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article 3, Section 7, Paragraph 15, 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 Fairburn intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1958, to amend the charter of the City of Fairburn, 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 Fairburn, approved August 3, 1925, and for other purposes. This 3rd day of January, 1958. Ben J. Camp, City Attorney, City of Fairburn. Jan. 7, 14, 21, 28. Page 2747 This the 3rd day of February, 1958. /s/ Ralph McClelland. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Gladys F. Freeman, Notary Public, Georgia, State at Large. (Seal). My Commission Expires January 12, 1960. Publisher's Affidavit. State of Georgia, Fulton County. Before me, the undersigned a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 7, 14, 21, 28 days of January, 1958, and on the days of 19 as provided by law. /s/ Frank Kempton. Sworn to and subscribed before me, this 29th day of January, 1958. /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 Fairburn intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1958, to amend the charter of the City of Fairburn, the title to such bill or bills to be as follows: Page 2748 An act to amend an act establishing a new charter for the City of Fairburn, approved August 3, 1925, and for other purposes. This 3rd day of January, 1958. Ben J. Camp, City Attorney, City of Fairburn. Jan. 7, 14, 21, 28. Approved March 21, 1958. CITY COURT OF SOPERTONCOMPENSATION OF JUDGE AND SOLICITOR. No. 221 (House Bill No. 1114). An Act to provide for the compensation of the judge and solicitor of the City Court of Soperton; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The judge of the City Court of Soperton shall be compensated in the amount of $1,920.00 per annum, and the solicitor of said court shall be compensated in the amount of $1,500.00 per annum. Said sums shall be in lieu of those provided in an Act approved February 17, 1949 (Ga. L. 1949, p. 890). Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Treutlen County. Notice is hereby given that there will be introduced at the January, 1958 session of the General Assembly of Page 2749 Georgia, a bill to amend the Act creating the City Court of Soperton, as amended. Said amendment will be to amend the sections of said Act providing for the salaries of the judge and solicitor of the City Court of Soperton and to increase the salaries of the judge of the City Court of Soperton and the solicitor of the City Court of Soperton. This January 11, 1958. Hugh Gillis, Senator, 16th Senatorial District of Georgia. J. W. Fowler, Representative, Treutlen County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. W. Fowler, who, on oath, deposes and says he is Representative from Treutlen County, and that the attached copy of notice of intention to introduce local legislation was published in the Soperton News which is the official organ of said county, on the following dates: January 16, 23 30, 1958. /s/ J. W. Fowler, Representative, Treutlen County. Sworn to and subscribed before me, this 12th day of February, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 21, 1958. Page 2750 CITY COURT OF STATESBOROCOSTS, TERMS AND RULES OF PRACTICE. No. 222 (House Bill No. 1151). An Act to amend an Act creating the City Court of Statesboro, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2743), so as to change the costs in said court; to change the terms of said court; to provide that said court shall operate under the same rules of pleading, practice, and procedure as are applicable in the Superior Courts of this State; 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 Statesboro, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2743) is amended striking section 9 thereof in its entirety and inserting in lieu thereof a new section which shall read as follows: Section 9. Be it further enacted by the authority aforesaid, that the costs in said court shall be the same fees as are allowed by law for like services in the Superior Courts of this State. Costs. Section 2. Said Act is further amended by striking therefrom section 11 in its entirety, and inserting in lieu thereof a new section which shall read as follows: Section 11. Be it further enacted by the authority aforesaid; That the terms of said city court shall be monthly for the trial and disposition of criminal business and all civil business of whatever amount. The time for holding said court shall be on the second Monday in each month. The terms of such court shall be held at the court house in the City of Statesboro in said County of Bulloch, and shall last until the business is disposed of, Page 2751 unless sooner adjourned for good cause. Juries shall be drawn as hereinafter directed for the terms of said court held in January, April, July and October, and at such other times as may be necessary. The judge of said city court shall, in his discretion, hold his court at the same place at any other time than the regular terms for the transaction of criminal business which does not require a jury, as speedily as possible consistent with the interests of the State, and accused, and may also hold adjourned terms for the regular terms of said city court, for which he may draw new juries or require the attendance of the same as in his sound legal discretion may seem best. Said city court judge may also in his discretion set cases for trial at convenient times, and the same may be tried as of the terms, whether court has been held from day to day until said time or not. Said City Court of Statesboro shall be operated under the same rules of pleading, practice and procedure as are applicable to the Superior Courts of this State. Terms, rules. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Special Legislation. To the People of Bulloch County: Take notice that we will, at the 1958 session of the General Assembly of Georgia introduce a bill to amend the Act of the General Assembly of Georgia creating the City Court of Statesboro in Bulloch County, Georgia, as approved August 10, 1903, and Acts amendatory thereof, to provide that said City Court of Statesboro shall be operated under the same rules of pleading, practice and procedure and will have the same schedule of costs of court as are applicable to the Superior Courts of the State of Georgia, and for other purposes. Francis W. Allen, Wiley B. Fordham, Representatives of Bulloch County. 3t.52c. Page 2752 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Francis W. Allen, who, on oath, deposes and says that he is Representative from Bulloch County, and that the attached copy of notice of intention to introduce local legislation was published in the Bulloch Time, which is the official organ of said county, on the following dates: January 30; February 6, 13, 1958. /s/ Francis W. Allen, Representative, Bulloch County. Sworn to and subscribed before me, this 13th day of February, 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My Commission Expires October 10, 1961. Approved March 21, 1958. FULTON COUNTY BOARD OF EDUCATIONEMPLOYEES' RETIREMENT FUND ACT AMENDED. No. 224 (House Bill No. 1067). 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. 528-538) 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 Georgia and it is hereby enacted by authority of the same that the Act Page 2753 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 of the Fulton County Board of Education who have retired as a matter of right and have been awarded pensions under the terms of this Act, as amended, or any prior Act of the General Assembly, 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 Acts, receive $5 per month for each full year's active service in excess of 25 years. The records kept in the office of the Board of Education of Fulton County and/or the pension office of Fulton County shall be conclusive as to the time served. Retirement. Section 2. Pension payments due to all former officers and employees of the Fulton County Board of Education who have retired prior to April 1, 1955 and have been awarded pensions under the terms of this Act as amended or any prior Act of the General Assembly, and who have heretofore reached seventy years of age or who shall hereafter reach seventy years of age, shall be recomputed upon the following basis: The total pension benefits for each such former officer or employee whose period of service was 25 years or more shall be a sum equal to one-half of the average monthly salary of such former officer or employee during the last three years of his active service to the Fulton County Board of Education, but shall not exceed the sum of $150 per month. The total pension benefits for each such former officer or employee who was retired because of disability or for a period of service of less than 25 years shall be increased in the same proportion. All such persons shall receive a minimum $4.00 per month for each full year of active service subject to the limitations set out in this Act as amended. Same. Section 3. 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 Page 2754 of his employment by The Fulton County Board of Education shall not exceed 75% of his average monthly salary averaged for the last year of his employment as herein provided. The Pension Board 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. Limits. Section 4. The provisions of this Act are several, 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. Severability. Section 5. The Board of Trustees shall permit any officer or employee who is eligible for pension benefits or increased pension benefits under this Act as amended and who is not now making the required contributions for such benefits, to become a member of such pension fund and to participate in the increased benefits provided by this Act as amended provided such officer or employee shall pay into the pension funds of such city an amount which would be equal to the amounts which he would have been required to pay had he exercised his privileges upon becoming eligible for such benefits. These payments shall be increased by 4% per annum from the dates such payments would have been due and may be paid over a period of fifty months. The Board of Trustees shall by rules provide for the exercise of the options herein authorized. Contributions by certain employees. Section 6. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 7. 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 2755 Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 7, 14, 21 days of January, 1958, as provided by law. /s/ Frank Kempton. Sworn to and subscribed before me, this 27th day of January, 1958. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. (Seal). My Commission Expires March 8, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the session of the General Assembly of Georgia, which convenes on January 13, 1958, for an amendment to the Fulton County School Employees Pension Law (Ga. L. 1945, p. 528) and the several acts amendatory thereof so as to provide for an increase in pension benefits for retired officers and employees, and for other purposes. All pertinent matters may be included. This 7th day of January, 1958. C. Baxter Jones, Jr., Attorney for Fulton County Board of Education. Jan. 7, 14, 21x. Approved March 21, 1958. Page 2756 CITY OF COLLEGE PARKCHARTER AMENDED. No. 225 (House Bill No. 905). 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, etc., 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 Act No. 431 (House Bill No. 522) approved March 13, 1957 entitled 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 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' approved March 13, 1957, (Ga. L. 1957, p. 3167) be and the same is hereby repealed in its entirety. 1957 Act repealed. Section 2. 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: All that tract or parcel of land situated, lying and being Page 2757 in land lots 131 and 158, fourteenth land district, Fulton County, Georgia, enclosed within the following territorial boundary line, to-wit: Corporate limits. 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 and run thence northeasterly along the east side of Plant Street six hundred and seventy-seven (677) feet to the southeast corner of Plant Street and Willingham Drive; thence southeasterly along the south side of Willingham Drive four hundred (400) feet to the north side of a branch; thence southeasterly along the north side of said branch eight hundred and thirty-nine (839) feet to the east side of Elm Street; thence south along the east side of Elm Street two hundred and fifty (250) feet, more or less, to the northwest corner of lot 44, block H, of the Elmwood subdivision; thence easterly 127.8 feet to the northeast corner of said lot 44, block H; thence southerly along the east line of lots 44 and 45, block H, and lots 19, 18, 17, 16, block F, of the Elmwood subdivision, a distance of four hundred and ninety (490) feet to the north line of land lot 130; thence westerly along the north line of land lot 130 and 159, one thousand five hundred and thirteen (1513) feet, more or less, to the east side of Adams Street; thence northwardly seven hundred and fifty (750) feet, more or less, to the point of beginning. 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 notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. Section 4. Be it further enacted by the authority Page 2758 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 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, 24, 31 days of December, 1957, and on the 8, 15, 22 days of January 1958 as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 24th day of January, 1958. /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 College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., to provide for a mayor and councilmen, prescribe their powers Page 2759 and duties, and for other purposes,' and the several acts amendatory thereof, and for other purposes. This December 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W., Main Street, College Park, Georgia. Dec. 18, 25; Jan. 1tfn. 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 the publication of which the annexed is a true copy, was published in said paper on the 26th day of December, 1957, and once each week thereafter for 4 weeks as provided by law. /s/ Jack Troy. Subscribed and sworn to before me, this 23rd day of January, 1958. /s/ T. F. Nicholson, Notary Public, Clayton County, Georgia. My Commission Expires October 24, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, the title to such bill or bills to be as follows: Page 2760 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, etc., 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 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N.W., Main Street, College Park, Georgia Approved March 21, 1958. FULTON COUNTYCIVIL SERVICE BOARD. No. 227 (House Bill No. 1143). An Act to amend the Act of 1943 (Ga. L. 1943, p. 971, as amended Acts 1945, p. 850 et. seq.) and the Act of 1953 (Ga. L. 1953, p. 2813 et. seq.) approved March 2, 1953, which said Act is an Act to create a Civil Service Board in Fulton County and for other purposes so as to provide that any judge of the Criminal Court of Fulton County who shall have elected to bring his personal secretary and special bailiff or law clerk within the classified service by notifying the Civil Service Board or its secretary within the 60 day period from the passage of the amendatory Act of 1953 (Ga. L. 1953, p. 2814 et. seq.) may, in the discretion of said judge at any time after the passage of this Act bring his aforementioned personal secretary and special bailiff or law clerk out of the operation of said classified service by giving written notice of his intention to do Page 2761 so to the Civil Service Board or its secretary, 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 of 1943 (Ga. L. 1943, p. 971, as amended Acts 1945, p. 850 et. seq.) approved March 6, 1945 and as further amended by the Acts of 1953 (Ga. L. 1953, p. 2813), which said act is an act to create a Civil Service Board in Fulton County, and for other purposes, is hereby amended as follows: Section 1. By adding at the end of Section 2 of the amendatory Act of 1953 (Ga. L. 1953, p. 2814 et. seq.) the following provision: Provided that any judge of the Criminal Court of Fulton County who shall have elected to bring his personal secretary and special bailiff or law clerk within the classified service by notifying the Civil Service Board or its secretary within the 60 day period from the passage of the amendatory Act of 1953 (Ga. L. 1953, p. 2814 et. seq.) may, in the discretion of said judge at any time after the passage of this Act bring his aforementioned personal secretary and special bailiff or law clerk out of the operation of said classified service by giving written notice of his intention to do so to the Civil Service Board or its secretary. Criminal Court of Fulton County, employees. Section 2. All laws and parts of law in conflict 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 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 Page 2762 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 3, 10, 17 days of January, 1958, and on thedays of19 provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 31st day of January, 1958. /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 of intention to apply to the 1958 session of the General Assembly of Georgia, which convenes on January 13, 1958, for local legislation amending the Act approved March 15, 1943 (Ga. L. 1943, p. 971 and 993 inclusive) and Acts amendatory thereof, providing for the creation of a Civil Service Board of Fulton County and prescribing its powers and duties, and for other purposes, and with particular reference to the qualification, eligibility and appointment of bailiffs and court attendants of the Criminal Court of Fulton County. This January 2nd, 1958. Wilson Brooks. Jan. 3, 10, 17. Approved March 21, 1958. Page 2763 CITY OF MANORINCORPORATED. No. 228 (House Bill No. 1073). An Act to incorporate the City of Manor in the County of Ware and provide its charter; to provide the corporate limits thereof; to provide for a mayor and council; to provide for the election, qualifications, duties, jurisdiction, oath, terms and compensation of said mayor and council; to provide for the filling of vacancies of the mayor and council; to provide for rules of procedure; to provide for the regulation of sale of intoxicating liquor; to provide for the levying and collecting of taxes; to provide for a budget system; to provide for a police chief, city attorney, city physician and other city employees; to provide for the licensing of business and occupations; to provide for a city treasurer and set his bond; to provide for execution sales; to provide for a mayor's court and define its jurisdiction and authority; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby incorporated the City of Manor in the County of Ware. Said city shall have all the rights and privileges and possess all the powers, duties and obligations conferred by law upon a municipal corporation, to include the right to sue and be sued in its own name. Incorporated. Section 2. The corporate limits of said city shall be all the territory within a radius of one (1) mile from the center of the intersection of the Millwood-Manor Road and U. S. Highway No. 84 in said city. Corporate limits. Section 3. The municipal government and governing powers of the City of Manor are vested in a mayor and four (4) councilmen, to be known as the council. At an election hereinafter provided for there shall be elected a mayor and four (4) councilmen. The mayor elected at such election and the two (2) councilmen receiving the Page 2764 highest number of votes at such election shall serve until January 1, 1961. The two (2) councilmen receiving the next highest number of votes at such election shall serve until January 1, 1960. Thereafter an election shall be held on the first Monday of December of each even numbered calendar year for a mayor and two (2) councilmen who shall take office on January 1 of the following year and serve for a term of two (2) years and until their successors are elected and qualified. An election shall be held on the first Monday of December of each odd numbered calendar year for two (2) councilmen who shall take office on January 1 of the following year and serve for a term of two (2) years and until their successors are elected and qualified. Mayor and Council. Section 4. To be qualified for election as mayor or councilman, a person must be a freeholder at least twenty-one (21) years of age, a citizen of Georgia and a resident of the City of Manor or the area to be incorporated by this Act for at least one (1) year. Same, qualifications. Section 5. No candidate shall expend or promise any money, employment or other thing of value in order to secure a nomination or election. No candidate shall be guilty of any fraud, or a breach of the election laws of the State of Georgia, and of the City of Manor, as they are at present or may hereafter be constituted. Same. Section 6. 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. Same. Section 7. Before entering into the discharge of their duties, the mayor and each of the councilmen shall take and subscribe before some officer authorized to administer oaths, the following oath, which shall be entered on the minutes of the council: I do solemnly swear that I will faithfully demean myself as councilman (mayor) of the city of Manor during my continuance in office; that I will discharge the duties of the office to the best of my ability, Page 2765 that in the enactment and revision of all legislation, I will have due regard for the charter of the City Manor, the Constitution and laws of the State of Georgia, and of the United States; that I do further swear that I have not either in the general election or in the party primary in which I was a candidate directly or indirectly, expressed or implied my promise of support to any person for any office in the city government of the City Manor, nor have I influenced my election by the unlawful use of money, or other things of value, or of intoxicating liquors, or otherwise knowingly violated the election laws of the State of Georgia and of the City of Manor. I do further swear that I will not knowingly permit my vote, in the election or appointment of any person to an office in the city government or on the passage or adoption of any ordinance or resolution by the city council, to be influenced by fear, favor, affection, reward or the hopes thereof, but that in all things pertaining to said office, I will be wholly governed by my convictions as to the public good. So help me God. Same, oath. Section 8. The mayor and each councilman shall receive as compensation, twelve dollars ($12.00) per annum, payable monthly. Same, salaries. Section 9. The council shall meet in regular session on the first Monday of each month and at such other times as necessary on the call of the mayor. Meetings. Section 10. Any vacancy occurring in the office of mayor shall be filled by appointment by the council for the unexpired term. Any vacancy occurring in the office of councilman shall be filled by appointment by the mayor for the unexpired term. Vacancies. Section 11. The council shall determine its own rules and order of business and shall keep minutes of its proceedings. The mayor and two councilmen shall constitute a quorum to transact business. The council may compel attendance of its members in such manner and under such penalties as may be prescribed by the council. Rules. Page 2766 Section 12. 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 council, take command of the public, 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 council. Mayor's duties. Section 13. The 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 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 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. Council. Section 14. The adoption of ordinances, rules, regulations and policies and all appointments and elections by the council shall be viva voce and this vote recorded in the minutes of the council. The mayor and each councilman shall have one (1) vote on all matters. Same. Section 15. The council shall have the right and power, in the name and behalf of said city to make such contracts and do such things as may be necessary or expedient Page 2767 for the peace, good order, health, safety, benefit and general welfare of said city and of the inhabitants thereof; and shall also have the right and power to exercise the full police power of the State within said city, and also to make such rules and regulations and pass and adopt such by-laws, resolutions and ordinances as may be necessary for carrying out the purposes of the government of said city and conserving, promoting and protecting the welfare, health, morals, peace, advantage and good order of said city and of the inhabitants thereof. Same, contracts. Section 16. The council shall have the sole and exclusive power and authority to regulate the sale of spirituous liquors, wines, malt and intoxicating liquors of every kind whatever in said city; to grant licenses for the sale of the same, and to fix the price for the said license; to establish such regulations and restrictions for the sale of the same as they may see proper, and to impose penalties upon persons selling such liquors without license or for violating any of the city ordinances regulating the sale of same. Licenses. The council shall have power to license and regulate the sale of Near Beer, Malt Mead, Acme Brew, Bud, and similar beverages and any other imitation of or substitutes for beer or malt or other liquors, which are not intoxicating, or else to prohibit same entirely, should they deem such prohibition expedient or advisable in their discretion. Section 17. The council shall have full power to levy and collect an annual ad valorem tax, not less than one (1) mill nor more than ten (10) mills on the assessed value of all property, real and personal, within the corporate limits of said city as now or hereinafter laid out, which is taxable under the laws of the State for the purpose of supporting and maintaining and bearing the general expenses of said city government. Said taxes shall become a lien upon all property subject to taxation in said city, as owned on January 1st of each year, and shall become due and collectible as follows: One-third of the taxes levied under the provisions of this charter shall be Page 2768 due and collectible on the 15th day of April of each year; one-third on the 15th day of July, and one-third on the 15th day of October each year. Said installments shall bear interest at the rate of seven per cent per annum from the date same are payable respectively; and any installments may be paid before maturity by any of the taxpayers who may desire to do so, and in such event they shall receive a discount on the installments not due at said time at the rate to be fixed by the council not exceeding twelve per cent per annum. Executions shall issue for all taxes unpaid on the first day of November in each year, or the first business day thereafter in the event same falls upon Sunday, and shall be enforced by levy and collection as heretofore provided. Tax books shall be opened for reception of tax returns by the first day of February of each year and closed on the 15th day of March following. Taxes. Section 18. The council shall appoint an assessor or assessors and shall prescribe by ordinance the time and manner in which and the officer or officers to whom all property, occupations, trades, callings, businesses, etc., shall be returned for taxation by the taxpayers and inhabitants of said city; and it shall be the power and duty of the assessors to value the real estate of said city for taxation, and to scrutinize carefully each return of property, real or personal, by any taxpayer in the said city, and if, in his or their judgment, they shall find the property embraced in the return, or any portion of it, returned below its value, said assessor or assessors shall assess the value thereof within fifteen days, or such other times as may be prescribed by said city council. Whenever the assessor or assessors shall raise the valuation at which the taxpayer has returned his property, said assessor or assessors shall give him written notice of their assessment, and it shall be the taxpayers privilege, if dissatisfied with the assessment to appeal to the city council under such rules and regulations as they may prescribe. The assessor or assessors appointed by the council shall serve without compensation. Assessors. Section 19. That at the first meeting of the council Page 2769 in January of each year, or as soon thereafter as practicable, the council shall elect a clerk of council, treasurer, a marshal (who shall be chief of police) a city attorney, a city physician and from time to time such other officers as they may deem necessary and consistent with the city charter; and the 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. City officers. Section 20. 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 council, with two or more solvent sureties approved by council, or with an acceptable surety company as surety, approved by the 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 council, keep record thereof, keep books and papers belonging to City of Manor, attend all sessions of the mayor's court, keep proper records of all taxes and other moneys 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 council from time to time. Clerk of Council. Section 21. The marshal or collecting officer of the City of Manor shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers of tax fi. fas., as now provided by law; Page 2770 and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property where sold under tax fi, fas. as the same now exists, or as may from time to time be provided by law. Marshal. Section 22. Whenever any execution issued by the proper authority of said city for taxes, licenses, assessments, fines, forfeitures, or any other charge or demand due said city, shall be levied upon any property, the defendant in fi. fa. shall have the right to file an affidavit denying that the whole or any part of said execution is due and the reason why same is not due, and stating what amount is admitted to be due (which amount so admitted shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance) with bond and security for the forthcoming of the property levied on, if same is personal property; and said affidavit so presented shall be returned to the Superior Court of Ware County and there tried and the issue determined as in cases of other affidavits of illegality returnable to said court, subject to all the pains and penalties provided for in cases of illegality for delay; such affidavits of illegality and the procedures in reference thereto being governed by the rules and laws governing such matters in the superior courts of the State. Fi. Fas. Section 23. The commission shall administer the affairs of the city by means of a budget system. At the beginning of each fiscal year the council shall prepare a- budget of estimated expenses, and the reasons therefor, and of the estimated resources of the city. The council shall make such changes as it deems necessary and proper in said budget, and then adopt same for the guidance of itself in the financial affairs of the city. Budget. Section 24. The clerk of council shall list the names of all persons who register to vote on a permanent registration Page 2771 list, either in a book or on cards. When any person's name shall have been placed on said registration list, it shall not be necessary for such person to register again in order to be entitled to vote at any city election, as long as he shall be otherwise entitled to vote. However, it shall be the duty of the registrars, when they make up the voters' list for any election in the City of Manor, to go over the permanent registration list, and if it appears to the registrars that any person whose name is on the permanent registration list is disqualified to vote, they shall give such person written notice to show cause why his name should not be stricken from said list, stating in the notice the reason for disqualification and the day and time when he may be heard. If by the day appointed for the hearing the disqualification, if any, shall not be removed, or if upon hearing the registrars shall determine that he is disqualified, then his name shall be stricken from the registration list. Any person who is qualified to vote for members of the General Assembly of Georgia shall be entitled to vote in any municipal election held in the City of Manor, provided such person has resided in the State of Georgia for at least one (1) year and in said city at least six months before the election and is registered as required by the ordinances of the City of Manor. Electors. Section 25. The clerk of council shall keep a voters' book for the purpose of registering all voters of said city who are qualified to vote therein as provided by law. Said voters' book shall be closed fifteen days prior to any municipal election, and no one who registers less than fifteen days prior to any municipal election or primary shall be allowed to vote in said election or primary. Voters' book. Section 26. The council of said city shall, at the first regular meeting in January of each year, elect three upright and intelligent citizens and voters of said city as a board of registrars, who shall hold office for one year, or until their successors are elected and qualified. In case of any vacancy in said board of registrars, the said vacancy shall be filled at once in the same manner. Said board of registrars shall not all be selected from any one conflicting or opposing political interest or faction, and Page 2772 if at any time it shall appear that all the members of said board of registrars are from one conflicting or opposing political interest or faction, then one of said registrars shall be removed at once, and a successor selected by the council, so as to maintain a fair and impartial board of registrars. Before entering upon his duties each member of said board of registrars shall take, before some officer authorized under the laws of this State to administer oaths, the oath prescribed by the laws and charter of the City of Manor. The compensation of said registrars shall be set by the council. The board of registrars shall also serve as election managers in all municipal elections. It shall be their duty to conduct in all municipal elections and certify the result to the mayor who shall issue his official proclamation thereon. Board of Registrars. Section 27. The time for keeping open the election polls shall be from seven o'clock a.m. to six o'clock p.m., Eastern Standard Time. The provisions of this and the preceding section shall apply to all municipal elections of any manner whatsoever, including primary elections. Elections. Section 28. 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 Manor, to be held by the mayor, at the office of clerk of council, as often as may be necessary. In the case of absence or disqualification of the mayor, any one of the councilmen 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 for a term not to exceed thirty days, or by compulsory labor on the streets or other public works in the city work-gang 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 Ware County offenders against the laws of the State of Georgia. Any sober prisoner Page 2773 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 marshal, and the surety on the bond to be approved by the marshal. 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 marshal 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 marshall 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 29. The council shall also have authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses and shows of all kinds, drays, hacks, automobiles, trucks and public vehicles of all kinds, as well as private vehicles which are unusual in their nature and likely to injure the road beds and streets of the city or become a source of danger, annoyance, or disorder; and also traveling vendors of patent medicines, soaps, notions, etc.; also hotels, boarding houses, auction houses, restaurants, fish stands, laundries, billiard, pool and other kinds of tables, tenpins, shooting gallaries and bowling alleys, and all contrivances and devices for carrying on games; also barber shops, plumbers, butcher shops, livery stables, slaughterhouses, butcher pens, mill ponds, fish ponds, tanyards, blacksmith shops, saw mills, grist mills, steam gins and any manufactories or establishments producing offensive noises, or large quantities of smoke; also auctioneers, peddlers and pawnbrokers, and all other Page 2774 classes or kinds of business within the police power of the city, and to fix the amount of licenses therefor and collect same; and also, said city council shall likewise have power and authority to levy and collect a specific or occupation tax on all businesses, occupations, professions, callings, trades or avocations, public or private, exercised within the city, as may be deemed just and proper; and also upon franchises and incomes therein. Said city council may close up and prohibit entirely any business in the event the same becomes a nuisance or is dangerous or injurious to the health of the people of the city. They shall have like power to remove or cause to be removed all dilapidated or unsafe buildings, fences, chimneys or structures of any kind which may be considered a nuisance or dangerous; and also to have excavations, dry wells, pits and ditches filled when deemed expedient. Lincenses. Section 30. The council shall have power and authority, by ordinance, to classify and provide for registering the various occupations, trades, callings and kinds of business that are carried on in said city and to fix the specific or license tax on same, and the time or times when such tax or license shall be payable, and shall provide penalties for engaging in same without first registering and paying the tax, and shall also have the power to enforce the collection of same by execution. Same. Section 31. All executions issued against persons, firms or corporations failing to pay the general and specific or occupation tax, assessments, liens or other charges accruing against such persons, firms or corporations, respectively, or their property for which executions may be issued under the provisions of the charter of this city, or of the ordinances thereof, shall be signed and issued by the clerk of council, shall bear test in the name of the mayor of said city, and shall be directed to and enforced and levied by the marshal of said city, who, after levying the same upon the property of the defendant in fi. fa., or the property against which it is issued, shall, if the property levied on be personal property, advertise the sale by posting notices thereof in three or more public places in said city for ten days before the day of sale; and if the property Page 2775 be real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales of Ware County are advertised, before selling the same; and all sales under execution shall be sold before the door of the office of the clerk of council in said city. Sales shall be made under the rules and laws governing sheriff's sales. When personal property is sold, the marshal shall deliver possession thereof at once to the purchaser and a bill of sale if he shall so desire. When real estate is sold, the marshal shall make to the purchaser a deed, and upon application of the purchaser or his agent shall pur such purchaser or agent in possession of the real estate sold; provided, said marshal shall not be authorized to turn out any person other than the defendant in fi. fa., his heirs, tenants or assigns. The clerk shall be entitled to fifty cents for each fi. fa. issued, and the marshal shall be entitled to the same fees for levying as are now allowed by law to lawful constables in this State, and to the same fees for selling as are allowed to sheriffs in this State; provided, however, that the fees of all said officers, as well as of other officers of the City of Manor who are now or who may hereafter be authorized to charge fees for services pertaining to their offices, may be changed by ordinance of the city council. Same. Section 32. At their first regular meeting in January of each year the council shall elect one from among their membership to serve as treasurer of the City of Manor and shall provide his compensation The member so elected shall execute a bond conditioned on his faithful and true performance of his duties in an amount to be set by the council, said bond to be approved by and payable to the Council of the City of Manor. The premiums of said bond shall be paid out of city funds. The treasurer shall take charge of the funds of the city and shall keep same in one or more depositories to be named by the council. Said treasurer shall pay out no moneys belonging to the city except by check signed by him and countersigned by the mayor. Treasurer. Section 33. Not less than ten (10) nor more than thirty (30) days after the date of the approval of this Page 2776 Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Ware County to issue the call for an election for the purpose of submitting this Act to the voters of the area to be incorporated for approval or rejection and for the purposes of electing a mayor and four (4) councilmen, subject to approval of the Act. The ordinary shall set the date of such election for a day not less than ten (10) nor more than thirty (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 Ware County. The ballot shall have written or printed thereon the candidates for the offices of mayor and councilmen subject to the approval of this Act and the words: First election. For approval of the Act to incorporate the City of Manor in the County of Ware. Against approval of the Act to incorporate the City of Manor in the County of Ware. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. All persons desiring to vote for a mayor and four (4) councilmen subject to approval of the Act shall vote for one person for mayor and four (4) persons for councilman by striking those names they do not wish to be elected to each office. Subject to the approval of the Act the person receiving the highest number of votes for mayor and the four (4) persons receiving the highest number of votes for councilman shall be elected. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Ware County, except in the event the Act is approved, the county shall be reimbursed by the City of Manor as soon as funds are available. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election Page 2777 under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. 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 34. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Ware County. This is to certify that I, Thomas A. Parker, Representative of Ware County, Georgia, did advertise notice of intention to introduce a local bill for the incorporation of the City of Manor, Georgia in the regular 1958 session of the Georgia General Assembly. Said notice was advertised in the Waycross Journal Herald, the official organ of Ware County, Georgia, on January 11, 1958, January 18, 1958, and January 25, 1958. I further certify that the attached notice of intent to introduce local legislation is a true and correct copy of that notice of intent to advertised. /s/ Thomas A. Parker, Thomas A. Parker, Representative, Ware County, Georgia. Georgia, Ware County. Before me, an officer duly authorized to administer oaths, came Thomas A. Parker, a person to me well known, who states under oath that the facts and statement shown above are true and correct, and that the notice of intent to introduce local legislation is a true and correct copy of that notice of intent so advertised. /s/ J. Edwin Peavy, Notary Public. (Seal). Page 2778 Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1958 session of the Georgia General Assembly a bill to incorporate the City of Manor, Georgia; to set its limits; to provide for a referendum; to vote on incorporation; to provide for the election of officials; to define their duties; to define the rights, powers, duties and liabilities of said city; and for other purposes. This 10th day of January, 1958. Thomas A. Parker, Representative, Ware County. Ben A. Hodges, Representative, Ware County. Approved March 21, 1958. CITY OF PINEORAINCORPORATED. No. 229 (House Bill No. 1130). An Act to incorporate the community in Effingham County, Georgia, known as Pineora, to be incorporated under the name of City of Pineora, to define the name, style and corporate limits of said city; to define the powers and authority of said municipality; to provide for the election of mayor and councilmen and fix terms of office, their authority, powers, duties and salaries; to provide for the filling of vacancies; to provide for the hiring of city employees and fixing their salaries and duties; to provide for rules and regulations for voters and the manner of holding city elections; to provide for police regulations and the enforcement thereof; to provide a police court and who shall preside therein; to provide for bonds and forfeitures; to provide for the raising of revenue by taxation, business licenses, bonds, etc., to provide how public property belonging to said municipality may be sold; to provide Page 2779 for the granting of franchises by said municipality; to provide the manner for improving and working roads, streets and sidewalks, and the assessment of costs therefor; to provide for rules and regulations for the health and sanitation of said municipality; to provide for the condemnation of private property for public use and to abate nuisances; to provide for the regulation of public utilities therein; to authorize the governing authorities of said municipalities to enact zoning and building regulations; to provide regulations for the prevention of fires; to provide for water, gas, sewerage, and electric distribution systems for said municipality and surrounding territory; 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 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 Pineora, 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 the said City of Pineora, 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 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. And the said City of Pineora 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, sell and convey, rent or lease, and otherwise manage and dispose of all property hereinafter required by said city. Provided Page 2780 that no public utility such as water system, gas system, electric distribution system, or any property used in connection therewith and necessary for the maintenance of the same owned or controlled by the City of Pineora shall ever be sold, leased or otherwise disposed of unless the contract for such sale, lease or other disposition shall have at first been assented to by two-thirds of the qualified voters of the city at an election held for that purpose as other city elections are held. Incorporated. Section 2. Corporate Limits. Be it further enacted by the authority aforesaid, that the corporate limits of the City of Pineora shall begin at the intersection of 7th Street South with the center line of the Central of Georgia Railway track, shown on a map or plat of the town of Pineora made by Ravanell Gignilliat, C.E., and extending in a westerly direction along the southern line of said 7th Street South for a distance of one-half () mile, thence at an angle in a north-westerly direction to the channel of Mill Branch; thence along the channel of Mill Branch in a northerly direction to a point three hundred (300) yards north of 3rd Street North as shown on said map; thence in an easterly direction along a line parallel to and at all points equidistance from 3rd Street North to a point eight hundred fifty (850) yards east of the center line of the Central of Georgia Railway, thence in a southern direction and parallel to the center line of the Central of Georgia Railway to the intersection with 7th Street South extended on the eastern side of said Central of Georgia Railway, thence along said 7th Street south extended in a westerly direction to the point of beginning. Section 3. Mayor and Council. Be it further enacted that on the first Saturday in December 1958, and annually thereafter, there shall be elected a mayor and three councilmen, to serve one year commencing on the first Monday of January next after their election and until their successors are elected 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, Page 2781 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 meeting, and the mayor or mayor pro tem. and two members of council shall constitute a quorum for the transaction of all business. Section 4. Qualifications of Mayor and Councilmen. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of mayor or councilmen of said city unless he shall have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city. If the mayor or either of the councilmen should remove his residence or domicile out of the said city during his term of office, said office shall automatically become vacant. Section 5. Mayor Pro Tem. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and council in each year, they shall elect one of their number mayor pro tem., whose term of office shall be one year, and during the sickness, absence, or disqualification of the mayor, the mayor pro tem., or in his sickness, absence, or disqualification, any one of the councilmen, chosen by the members present, shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. Section 6. Vacancies. Be it further enacted by the authority aforesaid, that in the event the office of mayor, or any one or more of said council shall become vacant, for any reason whatsoever, the remaining members of the council shall fill said vacancy for the unexpired term. Section 7. Meetings. Be it further enacted by the authority aforesaid, that the mayor, or mayor pro tem., and two members of the council shall constitute a quorum for the transaction of any business before the council; Page 2782 on all questions before the city council, the mayor, or mayor pro tem., if he be presiding, shall be entitled to vote only in case of a tie, or in case only one vote is needed to pass any motion, resolution, ordinance or other question before the council. No motion, resolution, ordinance or other question before the council shall pass unless a majority of the members present, including the mayor, or mayor pro tem., if he be presiding, vote for the same, and unless the said motion, resolution, ordinance or question receive at least three affirmative votes. Section 8. Compensation. Be it further enacted by the authority aforesaid, that the mayor of said City of Pineora receive a salary, to be fixed by council, not to exceed one hundred ($100.00) dollars per annum; and each member of council shall receive a salary to be fixed by council, not to exceed fifty ($50.00) dollars per annum. The mayor and council shall meet for the purpose of transacting business for said city only at the city hall as hereafter may be established. The mayor and council, by ordinance or resolution, shall fix the time for the holding of regular meetings for the transaction of business, and the mayor, or in his absence from the city, or sickness, the mayor pro tem. may call special meetings of the council under such rules and regulations as the mayor and council may fix. Section 9. Police Court. Be it further enacted by the authority aforesaid, that the mayor, or in his absence or disqualification, the mayor pro tem., shall have full power and authority to hold, at such times and places, and under such rules and regulations as may be prescribed by ordinance, a police court for said city for the trial of offenders against the ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding a fine of one hundred dollars, and imprisonment and labor on the public works of the city for thirty days for each offense, and may impose both a fine and a sentence of imprisonment and labor. In case of the absence or disqualification of both the mayor and mayor pro tem., any member of council may preside at said police court. Provided, however, Page 2783 the mayor and council shall have the right at any time in their discretion, upon the approval of the mayor and at least two (2) councilmen, to create and establish the office of city recorder, elect a city recorder, in and for said city and fix the recorder's salary and term of office, which term of office shall be for not more than one year; and from and after the creation of said office of city recorder and the election of a recorder as aforesaid, the said recorder shall preside over the said court; and the said court shall not thereafter be presided over by the mayor, mayor pro tem., or any member of council, excepting in the absence or disqualification of the said recorder. In the event of the absence or disqualification of the recorder, the mayor, mayor pro tem., or any member of the council may preside over said court with full powers as the city recorder. The mayor and council shall have the right to elect as city recorder any citizen of said city eligible to hold office as mayor of said city. Said recorder, when elected and qualified, shall have all the powers and authority appertaining to said police court as now exercised by the mayor or mayor pro tem. Section 10. Jurisdiction of Police Court. Be it further enacted by the authority aforesaid, that said mayor, mayor pro tem., and the recorder, if one is elected as above provided, shall have the right to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be directed to the marshal, chief of police, and the police officers of the city, and shall be executed by either of them; and to hold commitment trials and commit to the jail of said county, or admit to bail, offenders against the laws of this State, for their appearance at the next term of the City Court of Effingham County, Georgia, or of the superior court of said county, and it shall be the duty of the jailor of Effingham County to receive the persons so committed and safely keep them until discharged by due process of law; and such person, while presiding over said police court, shall have the power to punish for contempt of court any person so offending, which punishment shall not exceed a fine of twenty-five dollars, or ten days imprisonment Page 2784 and labor on the public works of said city and shall be in the alternative. Section 11. Clerk, Attorney, etc. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and council in each year they shall elect a city clerk, and may elect a chief of police, and such other officer and servants, including a city attorney, as the mayor and council shall deem necessary for the government of said city. Each of said officers shall be elected for a term of one year, and at the pleasure of the mayor and council, who shall fix the salary of said officers and servants. Section 12. Clerk's duties. Be it further enacted by the authority aforesaid, that said city clerk shall be a practical bookkeeper, and shall keep his office at the city hall of said city and shall keep a corporate seal and all papers and records of the city appertaining to his office; he shall be clerk of the city council and of the police court, and shall keep the minutes of the city council and of the police court; copies of all papers filed in the office of the clerk and transcripts of the records of the city council and of the police court certified by the clerk under the corporate seal shall be evidence in all courts as if the original was produced. Said clerk shall be the official tax collector of said city, and shall issue all tax executions and shall keep a tax execution docket in which he shall enter all executions issued, the name of the party against whom issued, the amount of the tax, and the final disposition of the same. For issuing each execution for taxes, or for licenses, or for other cause, he shall cause to be charged and collected the sum of fifty cents each, which sum shall be paid to the city treasurer. He shall perform such other duties as the mayor and council shall by ordinance or otherwise require and direct. Section 13. Police. Be it further enacted by the authority aforesaid, that the chief of police shall have full direction and management of the policemen under him, subject to the control and direction of the mayor and Page 2785 council by ordinance. He shall see that all ordinances are enforced and that the men under him discharge their duties faithfully. He shall attend each session of the police court, or instruct one of the policemen under him to be in attendance. He shall collect such funds and enforce such sentences of imprisonment and labor as the presiding officer of said police court may impose, and pay to the city treasurer, for the benefit of said city, all funds collected. The said chief of police shall also be the city marshal and shall be the collecting officer of all executions issued for unpaid taxes, licenses, and other matters, which he may be directed to collect by the mayor and council. He shall execute such executions by levying the same upon either real or personal property, and any property so levied upon shall be advertised and sold as directed by ordinances passed by the mayor and council. There shall be taxed against all persons whom an execution shall be issued, and for levying, advertising, selling and making titles the same costs as are allowed sheriffs for like service, and these fees shall be paid over by said marshal to the city treasurer. The chief of police, and the policemen under him shall be furnished with blank summons in the form prescribed by ordinance, and when an offense is committed, and they are satisfied that the offender is not likely to leave the city, they shall give him a written summons to appear before the police court. If they believe that the defendant will leave the city, or fail to appear at police court, they may require the offender to give bond and security conditioned upon his appearing at said police court, and upon his failure to give bond may confine said offender in the city jail until a hearing before the police court can be had. The chief of police, and the police, and the policemen under him, may execute any warrant issued by any magistrate of this State, upon any defendant found in said city. Upon the arrest of any person for violating the criminal laws of Georgia, or when they know that the State law is being violated, they shall immediately apply to the nearest magistrate for a warrant and execute the same. When any offense has been committed in the presence of the said chief of police, or any member of the police force of said city, and the said offender shall flee, they Page 2786 may follow said offender anywhere in said State, arrest the said offender, and return him to the city for trial. Should any person violating any of the ordinances flee from the jurisdiction of said city, such person may be apprehended wherever he may be found in this State, and the warrant of the mayor or mayor pro tem., or recorder, of said city shall be sufficient authority for his arrest and return. The chief of charges resting against him; and should any person after trial and conviction of any violation of any ordinance of said city escape, he may be apprehended wherever found in any county in this State, and the warrant of the mayor, the mayor pro tem., or recorder of said city shall be sufficient authority for his arrest and return. The chief of police and other officers of said city shall perform such other and further duties as shall be required of them by the mayor and council of said city. Section 14. Treasurer. Be it further enacted by the authority aforesaid, that the mayor and council shall designate the city clerk, or some other person city treasurer, and may designate some bank as a city depository. They shall provide by ordinance or resolution for the drawing of city warrants or checks, and designate who shall sign same. Section 15. Oaths-Bonds. Be it further enacted by the authority aforesaid, that the mayor, councilmen, city clerk, chief of police, and other policemen employed by said city, shall take an oath to well and truly perform the duties of his office at the time of taking office, and the mayor and council shall require the city clerk, city treasurer, chief of police, or any other officers they see fit, to give a good and sufficient bond for the faithful performance of their duties, and such bonds shall be in the amounts fixed by the mayor and council, and by them approved. Section 16. Appearance Bonds. Be it further enacted by the authority 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 Page 2787 bond, for persons accused or charged with the violation of the ordinances of said city, and by ordinance shall fix the manner in which said bonds shall be forfeited, execution issued thereon, and other procedure appertaining thereto. Section 17. Certiorari from Police Court. Be it further enacted by the authority aforesaid, that any person convicted before the mayor or other presiding officer, in the police court, shall have the right of certiorari to the Superior Court of Effingham County, Georgia, in the manner prescribed in Chapter 19 of the Georgia Code Annotated. Section 18. Taxation. 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 and they shall 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 one-tenth of one per centum thereof unless a higher percentage of taxation is authorized by a majority of the qualified voters of said city voting in an election duly called for that purpose by the mayor and council of said City of Pineora after publication of a notice thereof for thirty (30) days by the posting of such notice in the city hall and at two other public places in said city, and for the purpose of providing for a sinking fund for the payment of any bonds that may hereafter be issued by said city, and to provide a fund for the payment of the annual interest of said bonds, a greater ad valorem tax may be levied and collected without such election. Said mayor and council shall provide by ordinance for the return of all taxable property in said city, how said property may be assessed, how the valuation of the property fixed by the taxpayer may be increased or decreased by assessment, and provide penalties for the neglect or refusal to return said property, to provide for the issuance of executions for said taxes, and how said executions may be levied upon the property of the taxpayer, and the property so Page 2788 levied upon shall be advertised and sold, and the proceeds thereof distributed. Section 19. Streets, Sidewalks, etc. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and complete control of the streets, sidewalks, public parks and alleys in said city, and shall have full power and authority to condemn property within or without the corporate limits, except property of an existing public utility, for the purpose of public buildings, parks, cemeteries, water supplies, sewerage, drainage, water systems, gas systems, electric systems, and for laying out new streets, grading, or in any way changing streets, lanes, and sidewalks in said city, and for any other public purpose, and the manner of condemning said property shall be that now fixed or hereafter fixed by the laws of this State, for the condemnation of property by municipalities. And the said mayor and council shall have the right to relocate, change, close or abandon any street, sidewalk, lane or alley in said city. Section 20. Improvements. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel or drainage of the sidewalks, streets, alleys, and public parks of said city, and to carry into effect the authority herein granted, the mayor and council shall have full power and authority to assess the costs of paving and otherwise improving the sidewalks and streets against the real estate abutting on such sidewalks to the amount of not more than two-thirds of such costs; and any street railroad company or other railroad company having tracks running through or across the streets of said city shall be required to pave, macadamize or otherwise improve such street in such proportion as the mayor and council may provide by ordinance. Said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purpose above stated as may be just and proper, estimating the total cost of each improvement Page 2789 made, and pro-rating the costs thereof on real estate according to the frontage on the streets, or portion of street so improved, or according to the area of value of said estate, either or all as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of the passage of the ordinance providing for the work and making the assessment. Said mayor and council shall have full power and authority to enforce the collection of any assessment so made for work either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed for the amount assessed against the said real estate or the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings as in the case of other sales by the city the same shall be sold at public outcry to the highest bidder. Said sale shall vest absolute title in the purchaser. The marshal shall execute a deed to the purchaser and shall have authority to eject the occupant and put the purchaser in possession. The mayor and council shall have authority to pave and contract to pave the whole surface of the streets without giving any railroad company or other property owner the option of paving such streets themselves. The lien for assessment on abutting property and railroad company for street or sidewalk paving, curbing, macadamizing, grading or drainage shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Section 21. Buildings. Be it further enacted by the authority aforesaid, that said mayor and council may provide for the inspection of all buildings for the purpose of having the same meet with all requirements relative to the material used, electric wiring, plumbing and the safety and strength of the same as the mayor and council may from time to time prescribe by ordinance to guard against loss by fire, injuries to the person, or damage to property. The mayor and council may also prescribe Page 2790 by ordinance such rules and regulations as they deem necessary, regarding the use and storage of inflammable, combustible, and explosive materials and chemicals, and may by ordinance prohibit the use, and storage of highly inflammable, combustible and explosive materials and chemicals altogether in certain zones or areas of said city. Section 22. Planning. Be it further enacted by the authority aforesaid, that the mayor and council may form a planning board in conjunction with governing authorities of Effingham County and delegate to such joint planning board such powers and duties as necessary to properly zone and carry out zoning regulations in said city. Section 23. Sewers. Be it further enacted by the authority aforesaid, that the mayor and council may construct or extend sewers in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated, to assess such part of the cost of the same on the real estaate abutting in the street, way or alley in which the same by execution against the abutting real estate and the owner thereof, and such assessment, execution and enforcement thereof shall be in the same manner as hereinbefore provided for street improvements. Section 24. Water, Electricity, and Gas Systems. Be it further enacted by the authority aforesaid, that said city is authorized to own, use and operate for municipal purposes and for profit a system of waterworks and electric lights and gas works, both within and without the corporate limits of said city. The mayor and council shall make and enact such ordinances, rules and regulations regarding the use of the same by the public, and provide by ordinance for the punishment of those who illegally use said water, electricity or gas, and who illegally divert same from their proper channels of transmission, or who injure or destroy or permit to be injured or destroyed, any meter, pipe, conduit, wire, line, post, lamp or other apparatus belonging to the city and its Page 2791 water, gas, and electric light systems, or who prevent an electric, gas or water meter from duly registering the quantity of electricity, gas or water supplied, or in any way interfere with the proper action or just registration, or, without the consent of the city, divert any electric current, gas, or water from its proper channel, or who uses or causes to be used without the consent of the city, any electricity, gas or water distributed by the city. The police court of said city shall have the right to punish for the violation of any of the ordinances, rules and regulations in this section provided, even though said violations should occur outside the territorial limits of said city. The mayor and council may prescribe by ordinance for the issuance of an execution to enforce the collection of any sum due said city for the use of water, electrical current, gas, or other public utility of the city. Section 25. Franchises, easements, etc. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have the power to grant franchises, easements 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, by the city to such public or private corporation. Provided, the said mayor and council, shall not grant any franchise, easement, or authority to any person, or public or private corporation to own, operate or maintain any public utility in competition to any public utility owned by said city within said city. Section 26. Health Regulations. Be it further enacted by the authority aforesaid, that the mayor and council may by ordinance provide for a board of health, to consist of such number, to hold office for such length of time, and to have such powers and duties as the mayor and council may by ordinance provide. The mayor and council shall have power and authority to enact ordinances for the purpose of preventing the spread of infectious or contagious diseases, to declare and maintain quarantine regulations against infectious or contagious Page 2792 diseases of both persons and animals. They shall have power to compel all persons or animals in said city, whether said persons be permanent residents or sojourners, to be vaccinated or inoculated, and may provide vaccination and inoculation points, and employ city physicians at the expense of the city to vaccinate or inoculate all persons or animals, and may provide by ordinance punishment for persons failing to be vaccinated or inoculated, or failing to have their animals vaccinated or inoculated. The said mayor and council shall have power and authority to enact ordinances regulating sanitation in said city, require suitable sanitation facilities in all buildings, prohibit open or outdoor privies or toilets, regulate or prohibit the keeping of animals and fowls in said city, requiring owners of lots, parts of lots, cellars, or basements if the same should become a nuisance or peril to the health of said city, to fill or drain said lots, cellars or basements, and if the owner or occupant of such lots, cellars or basements should fail or refuse after reasonable notice to comply with the requirements of said mayor and council, it shall be lawful for the said mayor and council to have this work performed and by ordinance tax the costs against the property and collect the same by execution issued as provided by ordinance. Section 27. Nuisances. Be it further enacted by the the authority aforesaid, that the mayor and council shall have full power and authority to by proper ordinances provide for the abatement of nuisances, lewd houses, gambling and gambling places, blind tigers, and disorderly houses, to charge the expense for abating such nuisances or places against the person causing the same, or the owner of the premises, according as one or the other is liable, and to enforce the collection of said expenses by execution issued as execution taxes. The said mayor and council shall have full power and authority to provide by ordinance for the abatement or condemnation of any wall, building, structure, awning shed, signs, etc., which on account of its state of repair, location, construction, etc., is a hazard to the safety of the public or an obstruction to any street, alley or sidewalk, and charge the expenses of abating, condemning or removal Page 2793 of the same against the person causing the same, or the owner of the premises, according as the one or the other is liable, and to enforce the collection of said expenses by execution issued as executions for taxes. Section 28. Executions, Illegalities. Be it further enacted by the authority aforesaid, that the execution herein provided for shall be issued, by the city clerk, bearing teste in the name of the mayor, directed to all and singular, the chief of police, policemen, and marshal of said city, and to the sheriffs and constables of said State. The city clerk shall keep an execution docket in which he shall record all executions issued, showing the name of the defendant in fi. fa. the date, the amounts, and the date of satisfaction, if satisfied. Said executions, when issued for ad valorem taxes, or for street and sidewalk improvements, shall have the same lien and priority as tax executions and street improvement executions generally have under the laws of this State, and all other executions issued by said city shall have the same lien and priority as executions issued by the superior courts of this State. Provided, that except as to tax executions and executions issued for street and sidewalk improvements, the rights and priorities of third persons shall not be affected unless said executions are recorded on the general execution docket of the superior court of the county in which the property sought to be subjected to such execution is located, and as to such third parties the lien and priority of said executions shall date only from the time said executions are so recorded on said general execution docket. In any case where the defendant in execution has no property within the City of Pineora, then and in that event any execution by authority of the city for the enforcement of the payment of any sum for taxes, special assessments, fines, or otherwise, may be levied and enforced in any county in the State in which property of the defendant may be found and for such purposes it shall be the duty of any levying officer into whose hands said execution may be placed to promptly enforce the same in the same manner as other executions are enforced with reference to levy, advertisement and sale. Provided, however, that to any execution Page 2794 issued by said city, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from defendant, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Effingham County and there tried and the issue determined as in cases of illegality, subject to all the penalties provided for in cases of illegality for delay. Section 29. Bonds. Be it further enacted by the authority aforesaid, that the said city may issue municipal bonds and revenue certificates for municipal purposes, in the manner and subject to the limitations provided by the laws and Constitution of this State. Section 30. Police Court. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to provide by ordinance for the charge and collection of all items of cost in cases brought into the police court, such as are incident and lawfully chargeable to the prosecution of said cases. 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 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 shall provide general rules of procedure in said court. Section 31. Qualified Voters. Be it further enacted by the authority aforesaid, that all persons qualified to vote for members of the General Assembly in the County of Effingham, who shall have resided six (6) months Page 2795 within the city limits of the City of Pineora, and have registered as hereinafter provided, shall be qualified to vote in any city election. Section 32. Registration of VotersVoters' List. Be it further enacted by the authority aforesaid, that the city clerk shall keep a permanent voters registration book in which persons desiring to vote in any city election, and otherwise qualified to vote, shall register. Upon application in person by such persons entitled to register, who shall furnish to the city clerk evidence of their qualifications, the clerk, or other registering officer named by the mayor and council shall allow said person to enter upon the registration book his or her name, age, residence and occupation. Said names shall be alphabetically arranged in the register as nearly as possible, the white and colored being kept separate. The registering officer shall be the judge of the qualification of those offering to register, with the right of appeal by the applicant to the mayor and council, and the registrar may in his discretion require the applicant to take oath that he is qualified to so register. The said registration book shall be kept in the office of the city clerk at the city hall, and shall be open for the purpose of registration at all times said city clerk's office is open for official business, except, said registration book shall close at the close of the tenth day before any election, and any person registering therein after the tenth day before any election shall not be qualified to vote in said election, and if said tenth day should fall on Sunday or other legal holiday when the city clerk's office is not open, then said registration book shall be closed at the end of the ninth day before said election. Prior to all elections, and after the close of the said registration book, the city clerk, and such other person or persons as shall be designated by the mayor and council, shall make a list of all the qualified voters so registered after having first purged said list and book of all persons who have died, moved without the city, or otherwise become disqualified to vote, and such list, when certified by the city clerk, shall be the official list of the qualified voters for said election, and shall be furnished as such to the election Page 2796 managers. No person whose name has been purged from said book because of having moved without said city, or having otherwise become disqualified to vote, shall be allowed to again vote in any city election, until his disqualification has been removed, and he has registered anew. Provided, that in all elections for the authorization of a bonded or other indebtedness the State law shall in all respects govern where in conflict with this charter. Section 33. Management of Elections. Be it further enacted by the authority aforesaid, that the mayor and council shall appoint, prior to each election a board of three managers to conduct said election, each of said managers shall be qualified voter of said city, and each shall take an oath to faithfully and impartially conduct said election and prevent all illegal voting, to the best of their skill and power. All elections in said city shall be held in the city hall, and at the discretion of the mayor and council, separate rooms may be provided for the white and colored. The manner of holding said election, a secret ballot, the provisions for voting booths, the hours of keeping the polls open shall in all respects be the same as the holding of an election for the members of the General Assembly in said county. Persons receiving the highest number of votes for the respective offices shall be declared elected. At the close of said polls, the managers shall count all votes, and shall return their tally of said votes, together with the list of qualified voters, list of those voting, and all ballots, properly sealed, to the mayor and council. If the results of any election held in said city is contested, notice of contest shall be filed with the city clerk within twenty-four hours after the managers have completed the counting of said votes, setting forth all the grounds of contest, and paying ten ($10.00) dollars in advance to the city clerk as costs. Within ten days thereafter, and after the mayor and council have given two days' notice to the contesting parties as to the time of hearing said contest, the mayor and council shall proceed to hear and determine all issues made by said contest, and their decision shall be final, Page 2797 except as the right of certiorari or quo warranto may apply. Section 34. Elections. Be it further enacted by the authority aforesaid, that all persons desiring to run for any elective office in said city, shall file a written statement with the city clerk, stating the office for which they are offering, at least by 12 o'clock noon, Eastern Standard Time of the 15th. day prior to said election, and if said fifteenth (15th.) day should fall on Sunday, or other legal holiday, said statement shall be filed by noon of the following day. To determine the 15th. (15) day, the day alleged to be the 15th. day shall be counted, but the day of the election shall not be counted. Prior to said election day, the city clerk, under the direction of the mayor, shall have printed or prepared a ballot to be used by the voters in said election, which ballot shall in all respects be a secret ballot without any identifying number or other writing on the part actually denoting the voter's choice. No write-in-votes shall be permitted for any office where any duly qualified candidate has properly announced for said office and his name has been printed on the prepared ballot. Any error made by an elector in marking of his ballot, shall not void the entire ballot, but shall void only so much of said ballot as has been erroneously marked. The mayor and council may by ordinance provide that in the case of the election of members of council, all candidates for councilmen, shall designate the councilman they seek to succeed, and the names of the candidates for the separate places to be filled shall be placed in separate brackets on the ballots. If such an ordinance is not enacted by the mayor and council, and two or more councilmen are to be elected from a group of candidates, then the ballot shall carry instructions as to the number of councilmen to be voted for, and any ballot which is not properly marked accordingly to said instructions, shall be void as to that part erroneously marked. Section 35. Vacancies. Be it further enacted by the authority aforesaid, that should the mayor or any councilmen, wilfully fail and refuse to attend to his duties Page 2798 of office, or attend the meetings of the mayor and council, after due notice of the contemplated action, his office shall be declared vacant by the remaining members of the mayor and council, or council, and the vacancy filled as hereinbefore provided. Section 36. Illegal Voting. Any person voting illegally at any election herein provided, or aiding and abetting any other person in voting illegally in such election, or shall falsely take the oath provided for in section 33 hereof, shall be guilty of a misdemeanor, and punished accordingly. Section 37. Idleness, Loitering. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to pass ordinances and regulations for the prevention of idleness and loitering within the city limits and to prescribe penalties for violation thereof. Section 38. General Powers. Be it further enacted by the authority aforesaid, that the enumeration of power contained in this Act shall not be construed as restrictive, but the mayor and council shall have the power to enact and pass all laws and ordinances, rules and regulations, which they may consider necessary for the good government, peace, order, prosperity, comfort, health, and general welfare of the said city and the inhabitants thereof, and where, under this charter, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, the mayor and council may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act, nor the laws of the State. Section 39. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage Page 2799 of this local legislation have been complied with for the enactment of this law. Notice. To Whom It May Concern: There will be introduced in the General Assembly of Georgia, at the January session, 1958, a bill to incorporate the community in Effingham County, Georgia, known as Pineora, to be incorporated under the name of the City of Pineora, to create a charter for said municipality, to provide for a municipal government, to define the territorial limits of said City of Pineora, to provide for the powers thereof, to provide for a mayor and council, to define their powers and duties, and for other objects to be contained therein. This 12th day of January, 1958. J. D. Hagin J. D. Cameron Ross Butler State of Georgia, County of Effingham. Before me, the undersigned officer duly authorized to administer oaths, personally appeared Mrs. W. O. Lee, who after being duly sworn, deposes, says and certifies that she is the publisher and managing editor of The Springfield Herald, a newspaper published in said county and in which the advertisements of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in The Springfield Herald on the following dates, to wit: January 12th, 24th, and 31st, 1958. /s/ Mrs. W. O. Lee Page 2800 Sworn to and subscribed before me, this the 31st day of January, 1958. /s/ Z. Vance Dasher Notary Public. Approved March 21, 1958. CITY OF COLLEGE PARKCHARTER AMENDED. No. 230 (House Bill No. 900). 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, etc., 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 there is hereby excluded from the corporate limits of said City of College Park, the municipal corporation aforesaid, the following territory, to-wit: Page 2801 Beginning at an iron pin on the west line of land lot 163, 14th district, Fulton County, Georgia, four hundred seventy-five (475) feet north of the south line of said land lot and running thence northwardly along the west line of said land lot, one hundred seventy-six (176) feet, to the common boundary of the City of East Point and the City of College Park; thence eastwardly along said common boundary line five hundred sixty (560) feet to a point; thence southwestwardly along a line bearing 55 33 with said common boundary line thirty-two and four-tenths (32.4) feet to an iron pin; thence westwardly parallel with and twenty-five (25) feet south of said common boundary line two hundred seventy-one (271) feet to an iron pin; thence southwardly one hundred fifty-one (151) feet to an iron pin; thence westwardly two hundred sixty-eight and six-tenths (268.6) feet to the point of beginning. Corporate limits. 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 1945, and there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. Section 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 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 2802 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, 24, 31 days of December, 1957, and on the 8, 15, 22, days of January, 1958. As provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 24th day of January, 1958. /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 College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Georgia. Dec. 18 25 Jan. 1 tfn Page 2803 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 the Publication of which the annexed is a true copy, was published in said paper on the 26th day of December, 1957, and once each week thereafter for 4 weeks as provided by law. /s/ Jack Troy. Subscribed and sworn to before me, this 23 day of January, 1958. /s/ T. F. Nicholson, My Commission Expires Oct. 24, 1958. Notary Public, Clayton County, Georgia. 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 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 2804 This December 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Georgia. Approved March 21, 1958. TOWN OF VERNONBURGCHARTER AMENDED. No. 231 (House Bill No. 1087). An Act to amend an Act to Incorporate a town to be called Vernonburg, approved March 6, 1866 (Ga. L. 1865-66, p. 294), as amended, particularly by an Act approved October 9, 1885 (Ga. L. 1884-85, p. 412) and an Act approved December 15, 1888 (Ga. L. 1888, p. 200), so as to more clearly define the corporate limits of said town; to provide a different date for election of officers; to provide different terms for the officers of said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to incorporate a town to be called Vernonburg, approved March 6, 1866 (Ga. L. 1865-66, p. 294), as amended, particularly by an Act approved October 9, 1885 (Ga. L. 1884-85, p. 412) and an Act approved December 15, 1888 (Ga. L. 1888, p. 200) is amended by striking section 1 thereof in its entirety and inserting in lieu thereof a new section which shall read as follows: Section 1. That all of that tract of land situate, lying and being in the County of Chatham and State of Georgia, Page 2805 and described as follows: Beginning at a point where Rockwell Avenue extended northward meets the southernmost tributary of the Vernon River; running thence along the low water mark of said tributary of Vernon River in an easterly direction to the point where the said tributary of Vernon River meets Vernon River proper, and following along the low water mark of the Vernon River in a east-south-southwestern direction and its meanderings to the low water mark of said Vernon River where the same meets a projection of South Rockwell Avenue or the road known as the Back Road at its southernmost point; thence along the easterly boundary of said South Rockwell Avenue in a northward direction to Vernonburg Avenue; thence eastwardly along the southern line of Vernonburg Avenue to the intersection of Vernonburg Avenue with Rockwell Avenue; thence northwardly along the eastern line of Rockwell Avenue and Rockwell Avenue extended to the point of beginning, shall hereafter be known and designated as the Town of Vernonburg, and as such and by said name is hereby incorporated. Corporate limits. Section 2. Said Act is further amended by striking therefrom section 2 in its entirety and inserting in lieu thereof a new section which shall read as follows: Section 2. (A) The corporate powers of said town shall be vested in an intendant and three commissioners who shall be elected by the owners of lots in said town. That hereafter the election for intendant and three commissioners for the Town of Vernonburg shall be held on the first Wednesday in May on each second year, beginning with the year 1958, that is to say, the next municipal town election after the passage of this Act shall be held on the first Wednesday in May, 1958, and the next municipal election thereafter shall be held on the first Wednesday in May, 1960, and so on each succeeding second year thereafter. (B) That the intendant and commissioners elected on the first Wednesday in May, 1958, shall meet on July Page 2806 5, 1958 for organization, at which time each commissioner and the intendant shall take oath of office. (C) That the term of office of the intendant and commissioners elected on the first Wednesday in May, 1958 shall expire at midnight on the first Wednesday in May, 1960. (D) That the intendant and commissioners elected on the first Wednesday in May 1960 and on the same date of each succeeding second year thereafter shall meet by at least 8:00 p.m., on the first Thursday in May following their election for organization, and each commissioner and the intendant shall take the oath of office. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Jewel Lucas who on oath deposes and says that she is advertising clerk of the Savannah News-Press, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Savannah News-Press, 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 of intention to apply for passage of local legislation at the next session of the General Assembly of Georgia to amend an act of the General Assembly dated March 6, 1866, and an Act of the General Assembly dated December 15, 1888, so as to provide a different date for election of officers, and a different term of office for the said officers, to provide for proper Page 2807 qualifications of electors and registration thereof, to more clearly define the boundaries of said town, to repeal conflicting laws, and for other purposes. On this, the 27th day of December, 1957. Shelby Myrick, Jr., Town Attorney, Vernonburg. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 30, 1957, January 6-13, 1958. /s/ Jewel Lucas Sworn to and subscribed before me this 13 day of January, 1958. /s/ Esther Zittrauer Notary Public, Chatham County, Ga. (Seal). Form 122-C-2M. State of Georgia, County of Fulton. Before me, the undersigned notary public, personally appeared Frank S. Cheatham, Jr., Edgar P. Eyler and Edward T. Brennan who upon being sworn deposed and say that they are the authors of the local bill to which this affidavit is attached and notice of intention to introduce the same was published in the Savannah Evening Press, the official organ of Chatham County, on December 30, 1957, and January 6 and January 13, 1958. /s/ Frank S. Cheatham, Jr. Frank S. Cheatham, Jr. /s/ Edgar P. Eyler Edgar P. Eyler /s/ Edward T. Brennan Edward T. Brennan Page 2808 Sworn and subscribed before me this 11 day of February 1958. /s/ E. T. Ramford Notary Public. Approved March 21, 1958. CITY OF SAVANNAHCHARTER AMENDED No. 232 (House Bill No. 942). An Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, relating to, amendatory thereof and supplementary thereto; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid that from and after the passage of this Act the corporate limits of the City of Savannah are hereby extended to include any land and improvements and property located within the following boundaries as hereinafter set forth. All that tract or parcel of land containing two hundred seventy three and twenty one-hundredths (273.20) acres, more or less, situate, lying and being near the southwestern limits of the City of Savannah, Chatham County, Georgia. Said tract of land being composed of two (2) parcelsone containing one hundred forty seven (147) acres, more or less, known and described as a portion of Springfield Plantation and Sloper Tything Percival Ward, and the other parcel containing one hundred twenty six and two-tenths (126.2) acres, more or less, and being the identical lands shown on plat prepared by Henry Y. Glenn, Surveyor, recorded in the office of the clerk of superior court, Chatham County, Georgia, in plat book B, page 214. Said parcels adjoining and forming one (1) parcel of land and being more particularly Page 2809 described as follows: Starting at a point where the dividing line between lands now or formerly of Blun and parcel herein intersect with the western line of Stiles Avenue, which point is the northeast corner of said parcel and the point of beginning: thence, south thirty degrees, no minutes (300) west a distance of two thousand seven hundred sixty five (2765) feet, more or less, along the western line of Stiles Avenue to a point; thence, north eighty one degrees fifteen minutes (N. 81-15 W.) west a distance of two thousand eight hundred thirty (2830) feet, more or less, to a point; thence north forty one degrees, twenty five minutes west (N. 41-25 W.) a distance of eight hunderd thirty seven (837) feet, more or less, to a point; thence, north eight degrees, fifteen minutes east (8-15), a distance of one thousand twenty (1020) feet, more or less, to a point; thence, north fifty eight degrees, thirty minutes (N. 58-30) west a distance of four hundred six (406) feet, more or less, to the eastern line of the Seaboard Airline Railroad Company right-of-way; thence, along the eastern line of the Seaboard Airline Railroad Company right-of-way, north forty three degrees, thirty minutes east (N. 43-30 E.) a distance of one thousand two hundred thirty (1230) feet, more or less, to a point; thence following the curve of the said right-of-way, and connecting with the right-of-way of the Atlantic Coastline Railroad Company northeastwardly a distance of one thousand six hundred (1600) feet, more or less, to the point where the said Atlantic Coastline Railroad Company right-of-way intersects with the western boundary line of lands now or formerly of Blun; thence, south eleven degrees, fifty two minutes west (S. 11-52 W.) a distance of eight hundred (800) feet, more or less, to a point; thence south seventy five degrees, no minutes east (S. 75-0 E.) along the southern boundary of lands now or formerly of Blun, a distance of three thousand two (3002) feet, more or less, to the point of beginning, and being bounded as follows: North by the Atlantic Coastline Railroad Company right-of-way, formermly Union Station Company tracks and right-of-way and by lands which are now or formerly were the lands of Blun; on the east by Stiles Avenue; on the south Page 2810 by the Atlantic Coastline Railroad Company right-of-way and property now or formerly owned by Stewart, LaRoche and O'Brien; and on the west by the Seaboard Airline Railroad Company right-of-way and by lands which are now or formerly were the lands of Reynolds. The lands are more particularly described according to a plat prepared by Henry Y. Glenn, Surveyor, dated April 17, 1948, recorded in the office of the clerk of the superior court, Chatham County, Georgia, in plat record book C, page 303, which plat and the record thereof are by reference incorporated herein. Excepting therefrom thirteen (13) acres of land, more or less, which have been previously conveyed to Chatham county as right-of-way for Stiles Avenue as shown on plat recorded in plat record book F, folio 149, and for Borrow Pit as described in deed book 60 C, page 460, of the records of Chatham County, Georgia. Corporate limits. Section 2. Be it further enacted that The Mayor and Aldermen are hereby prohibited from levying taxes on property included in the annexation under this bill until such time as The Mayor and Aldermen of the City of Savannah have furnished the following city services to the owners of property living within the annexed areas, to wit: city water, city sewerage, city garbage disposal, city fire protection, city police protection, city drainage and the laying out and grading of city streets. It being the intent of this Act that all streets within the annexed areas are hereby dedicated to the City of Savannah for use as streets. Taxation, dedication of streets. Section 3. That there is attached to and made a part hereof a copy of notice certified by the advertising clerk of the Savannah News-Press, Inc. that notice of the intention to apply for passage of this Act was published once a week for three (3) weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly in the Savannah Evening Press, the newspaper in which sheriff's advertisements for the locality affected by this Act are published, and that said dates were January 18, 1958, January 25, 1958 and January 30, 1958. Page 2811 Section 4. Be it further 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 City of Savannah are hereby extended to include the land and improvements and property located within the following boundaries as hereinafter set forth: All that certain lot, tract or parcel of land situate, lying and being in the County of Chatham, State of Georgia, and being known and distinguished on the map or plan of the City of Savannah as lots numbered one hundred five (105), one hundred eleven (111), and one hundred twelve (112) of the Springfield Plantation tract; said lots as a whole originally containing sixty one (61) acres and now containing fifty four and eighty nine one-hundredths (54.89) acres by reason of the conveyance of a strip of land containing six and eleven one-hundredths (6.11) acres, more or less, cut off from the northern portion of said lots, which strip of land is more fully described in a deed from Henry Blun to the Savannah Union Station Company, dated June 12, 1901, and recorded in the office of the clerk of the superior court of said county in record book 8-K, page 205, to which reference is hereby made. Said lots hereby described being bounded as a whole on the north by lands of the Savannah Union Station Company, conveyed as above, on the east by Stiles Avenue, on the south by lands now or formerly of the Estate of G. N. Ryals, and on the west by lands now or formerly of Joseph C. Anderson; being the same property conveyed by Ernest C. and Mamie E. Bull to Dixie Construction Company of Georgia, Inc., by deed recorded March 8, 1954, in record book 59-L, page 139 of the Chatham County records. Corporate limits. Section 5. Be it further enacted that the Mayor and Aldermen of the City of Savannah are hereby prohibited from levying taxes on property included in the annexation under this bill until such time as the Mayor and Aldermen of the City of Savannah have furnished the following city services to the owners of property living within the annexed areas, to-wit: city water, city sewerage Page 2812 city garbage disposal, city fire protection, city drainage and the laying out and grading of city streets. It is the intent of this Act that all streets within the annexed areas are hereby dedicated to the City of Savannah for use as streets. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that should any part of this Act be construed by the court as illegal or unconstitutional for any reason, the remainder of said Act shall remain in full force and effect. Section 7. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Section 8. Advertisements having been made and publicity certificate attached hereto and made a part hereof as required by law. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Louise Barnes, who on oath deposes and says that she is advertising clerk of the Savannah News-Press, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Savannah News-Press, 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 intention to apply to the January, 1958, session of the General Assembly of Georgia for an act amending the charter of the Mayor and Aldermen of the City of Savannah, so as to extend its city limits to include the following property: Page 2813 All that tract or parcel of land containing 273.20 acres, more or less, situate, lying and being near the southwest limits of the City of Savannah, Chatham County, Georgia, and being a portion of Springfield Plantation and Sloper Tything, Percival Ward, said tract being bounded as follows: On the north by the Union Station tracts and right-of-way and being lands which are now or formerly of Blun; east by Stiles Avenue; south by the Atlantic Coast Line Railroad Company right-of-way and property now or formerly owned by Stewart, LaRoche and O'Brien; and on the west by the Seaboard Air Line Railroad Company right-of-way and by lands which are now or formerly of Reynolds; excepting therefrom 13 acres, more or less, previously conveyed as right-of-way for Stiles Avenue and borrow pits. Specific reference is made to plat recorded in Plat Record Book C, Page 303 of the Chatham County Records. Hugh P. Futrell, Jr. Attorney. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of January 18-25-30, 1958. /s/ Louise Barnes Sworn to and subscribed before me this 30 day of January, 1958. /s/ Esther Zittrauer, Notary Public, Chatham County, Ga. (Seal). Approved March 21, 1958. Page 2814 BAKER COUNTYCOMPENSATION OF COUNTY BOARD OF EDUCATION. No. 234 (House Bill No. 1083). An Act to provide that the members of the County Board of Education of Baker County shall be compensated in an amount not to exceed twenty-five ($25.00) dollars per day for each day of actual service; 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 of Baker County shall be compensated in an amount not to exceed twenty-five ($25.00) dollars for each day of actual service. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Georgia, Baker County: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958 session of the General Assembly of Georgia, a bill to provide maximum compensation for the Board of Education of Baker County, and for other purposes. This 27th day of January, 1958. K. E. Jones, Representative Baker County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, K. E. Jones, Page 2815 who, on oath, deposes and says that he is Representative from Baker County, and that the attached copy of notice of intention to introduce local legislation was published in the Albany Herald which is the official organ of said county, on the following dates: Jan. 21, Jan. 28, Feb. 3, 1958. /s/ K. E. Jones Representative, Baker County Sworn to and subscribed before me this 11 day of February, 1958. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My commission expires October 4, 1960. (Seal). Approved March 21, 1958. CITY OF DOUGLASCHARTER AMENDED. No. 236 (House Bill No. 895). An Act to amend the act approved December 20, 1899, creating a new charter and municipal government for the City of Douglas, Georgia, and the several acts amendatory thereof, and especially section 13, of an act amending the charter of the City of Douglas, Georgia, approved by the General Assembly of Georgia on March 12, 1941, and passed at the January session, 1941, of the General Assembly of Georgia, so as to provide: That the compensation to be paid the city manager of the City of Douglas, Georgia, shall be such amount as the commissioners of said city may determine and fix from time to time; 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: Page 2816 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, Georgia, and the several acts amendatory thereof, and especially section 13, of an act amending the charter of the City of Douglas, Georgia, approved by the General Assembly of Georgia, on March 12, 1941, and passed at the January session, 1941, of the General Assembly of Georgia, be further amended so as to provide: 1. That section 13 of the act amending the charter of the City of Douglas, Georgia, approved March 12, 1941, and passed at the January session, 1941, of the General Assembly of Georgia, and found on page 1328 of Georgia Laws, 1941, be amended as follows: That the compensation to be paid the city manager of the City of Douglas, Georgia, shall be such amount as the Commissioners of said city may determine and fix from time to time; so that when amended the part of said section immediately preceding sub-section (a) shall read as follows: Be it further enacted, that the said board of commissioners shall, within thirty days after their election and qualifications, or as soon thereafter as is practical, select and appoint a city manager, which office in the City of Douglas is hereby expressly created; which said manager shall be chosen without regard to residence, or political affiliations, and he shall be the administrative head of the municipal government. Provided, however, that no member of the board of commissioners shall be eligible to be city manager. That the compensation to be paid the city manager of the City of Douglas, Georgia, shall be such amount as the commissioners of said city may determine and fix from time to time, which salary shall be paid monthly out of the city treasury. He shall hold office at the pleasure of said board of commissioners, and shall be subject to removal at any time without notice, or statement, or proof of cause. He shall be selected with due regard to his experience and fitness for handling the municipal business inan efficient and economical way, and he shall be directly responsible to said board of commissioners for the efficient and economical Page 2817 conduct of all city departments, except the Board of Education and City Hospital. During his absence, or disability, the board of commissioners may designate some properly qualified person to execute the functions of the office. The city manager must devote his full working time and attention to the affairs of the city, and shall be directly responsible to the commission for the efficient and businesslike administration of all of the affairs of the city. He shall give bond for the faithful performance of his duties in some bonding company to be approved by the commission in such amount as the commission shall require, the premiums on said bond to be paid by the city. The powers and duties of the city manager shall be as follows: City manager. Section 2. All laws and parts of laws in conflict with this act are repealed. /s/ R. E. Roberts /s/ Tom T. Fellows Representatives, Coffee County, Georgia. Notice of Intention to Introduce Bills For Local Legislation. Notice is hereby given that there will be introduced for passage in the General Assembly of Georgia at the January session, 1958, 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, Georgia, and the several acts amendatory thereof, and especially section 13, of an act amending the charter of the City of Douglas, Georgia, approved by the General Assembly of Georgia on March 12, 1941, and passed at the January session, 1941, of the General Assembly of Georgia, so as to provide: That the compensation to be paid the city manager of the City of Douglas, Georgia, shall be such amount as the commissioners of said city may determine and fix from time Page 2818 to time; to repeal conflicting laws; and for other purposes. This the 7th day of January, 1958. /s/ E. R. Smith, Jr., E. R. Smith, Jr. City Attorney for the City of Douglas, Georgia 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 Douglas Enterprise, the newspaper published in the City of Douglas in which the sheriff's advertisements for the County of Coffee are published; that the hereinafter notice of intention to apply for local legislation was published in said paper on the 9th, 16th, and 23rd day of January, 1958. /s/ Thomas H. Frier Thomas H. Frier Sworn to and subscribed before me, this the 25th day of January, 1958. /s/ William W. McCrary Notary Public, Georgia, State at Large. (Seal). 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 January session, 1958, 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, Georgia, and the several acts amendatory thereof, and especially section 13, of an act amending Page 2819 the charter of the City of Douglas, Georgia, approved by the General Assembly of Georgia on March 12, 1941, and passed at the January session, 1941, of the General Assembly of Georgia, so as to provide: That the compensation to be paid the city manager of the City of Douglas, Georgia, shall be such amount as the commissioners of said city may determine and fix from time to time; to repeal conflicting laws; and for other purposes. This the 7th day of January, 1958. /s/ E. R. Smith, Jr. E. R. Smith, Jr. City Attorney for the City of Douglas, Georgia 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 January session, 1958, 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, Georgia, and the several acts amendatory thereof, and especially section 13, of an act amending the charter of the City of Douglas, Georgia, approved by the General Assembly of Georgia on March 12, 1941, and passed at the January session, 1941, of the General Assembly of Georgia, so as to provide: That the compensation to be paid the city manager of the City of Douglas, Georgia, shall be such amount as the commissioners of said city may determine and fix from time to time; to repeal conflicting laws; and for other purposes. This the 7th day of January, 1958. E. R. Smith, Jr. City Attorney for the City of Douglas, Georgia. J-9-16-23-C. Approved March 21, 1958. Page 2820 CITY OF BREMENCHARTER AMENDED. No. 237 (House Bill No. 1162). An Act to amend an Act approved December 30, 1898 (Ga. L. 1898, pp. 136-144), entitled An Act to repeal an Act entitled an Act to incorporate the Town of Bremen, adopted September 5, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the charter of the Town of Bremen, and to enact in lieu thereof a new charter for said town, etc., and the several Acts amendatory thereof, so as to authorize the governing authority of the City of Bremen, in Haralson County, to levy an additional tax for educational purposes; to provide for prior approval by the people regarding a certain portion of said tax; to prescribe the procedure connected therewith; to 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 approved December 30, 1898 (Ga. L. 1898, pp. 136-144), entitled An Act to repeal an Act entitled an Act to incorporate the Town of Bremen, adopted September 5, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the charter of the Town of Bremen, and to enact in lieu thereof a new charter for said town, etc., and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. The governing authority of the City of Bremen, in Haralson County, is hereby authorized and empowered to provide for the assessment, levy and collection of an ad valorem tax of up to three (3) mills on the dollar, in addition to all other taxes now or hereafter authorized, the proceeds of which shall be kept separate and apart from all other funds of said city and used only for the annual educational expenses and purposes of the city. The governing authority is authorized to levy a portion of said three (3) mill tax or it may levy the entire three (3) mills. Educational tax. Page 2821 Section 2. In the event the entire three (3) mill tax provided for hereinbefore is levied, the governing authority is hereby authorized to assess, levy and collect an additional ad valorem tax up to five (5) mills on the dollar of all real and personal property in said city, the proceeds of which shall be used for the same purposes as the three (3) mill tax provided for hereinbefore. Before any part or all of said five (5) mill tax may be levied by the governing authority, approval therefor must have been granted by the voters of the City of Bremen under the procedure as set out hereinafter. Same, additional educational tax. In the event the governing authority decides that a portion or all of said five (5) mill tax should be levied, a resolution to that effect must be passed and such resolution shall state the specific number of mills desired to be levied. It shall then be the duty of the governing authority to issue the call for an election for the purpose of submitting the question of such additional levy to the voters for ratification or rejection. Such call shall be issued not less than five (5) nor more than ten (10) days after the date of the aforesaid resolution. The date of the election shall be set by the governing authority for a day not less than twenty (20) nor more than thirty (30) from the date of the issuance of the call hereof. The date and purpose of the election and the amount of the additional levy desired shall be published once a week for two (2) consecutive weeks immediately preceding the date of the election in any newspaper published in said city, and, likewise, shall be posted in three (3) conspicuous places within said city. Said election shall be held under the same laws, ordinances, and rules and regulations as elections for mayor and council are held, and the qualified voters shall be the same as those in the election of mayor and council. The ballots used therein shall have written or printed thereon the words: For authorizing the levy of an additional tax of.....() mills for educational purposes. Against authorizing the levy of an additional tax of.....() mills for educational purposes. Page 2822 In the event a majority of voters voting at said election vote for authorization of the additional levy, the governing authority shall be authorized and empowered to levy such additional tax. If less than a majority of those voting vote for authorization, no such additional tax shall be levied. The governing authority shall declare the results of the election and shall enter the order declaring the results thereof upon the minutes of the city. It shall be the duty of the governing authority to certify the results thereof to the Secretary of State. In the event a majority of the votes cast at any such election or any subsequent election are not in favor of the additional levy, no such election for any amount of additional levy shall be held until at least after the expiration of six (6) months from the date of such election. In the event an additional tax levy is approved, the governing authority is hereby authorized and empowered to use its discretion in determining whether the entire additional levy shall be made or only a portion thereof. In the event any additional levy is authorized and the governing authority levies such additional tax, power is hereby granted to such governing authority to remove all or any portion of such additional tax levied if in its discretion such would be advisable. The same power and discretion granted in this paragraph as to any additional levy, which must be approved by the voters, is also granted relative to the three (3) mill levy provided for hereinbefore. Section 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, 1958, session of the General Assembly of Georgia, a bill to amend the charter of the City of Bremen so as to levy an additional tax for educational purposes; to provide for prior approval by the people as regards a Page 2823 certain portion of said tax; to prescribe the procedure connected therewith; and for other purposes. This 27 day of January, 1958. J. W. Lunceford, Mayor, City of Bremen, Georgia. Jan. 30-Feb. 27 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold L. Murphy, who, on oath, deposes and says that he is Representative from Haralson County, and that the attached copy of notice of intention to introduce local legislation was published in the Haralson County Tribune which is the official organ of said county, on the following dates: January 30, February 6, and February 13, 1958. /s/ Harold L. Murphy, Representative, Haralson County. Sworn to and subscribed before me, this 14 day of Feb., 1958. /s/ Frank H. Edwards, Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. (Seal) Approved March 21, 1958. CLARKE COUNTYCOMMISSIONERS' COMPENSATION. No. 238 (House Bill No. 1152). An Act to amend an Act amending all the several Acts creating and relative to the Board of Commissioners of Roads and Revenues of Clarke County, Georgia, approved January 31, 1951, (Ga. L. 1951, p. 2044), as amended, so as to change the compensation of the chairman and the members of said board; to repeal conflicting laws; and for other purposes. Page 2824 Be it enacted by the General Assembly of Georgia: Section 1. An Act amending all the several Acts creating and relative to the Board of Commissioners of Roads and Revenues of Clarke County, Georgia, approved January 31, 1951 (Ga. L. 1951, p. 2044), as amended, is amended by striking from section 1 thereof the figures and words, $1300.00 per year, and inserting in lieu thereof the figures and words, $175.00 per month, and by striking therefrom the figures and words, $1200.00 per year, and inserting in lieu thereof the figures and words, $150.00 per month, so that said section, as amended hereby, shall read as follows: Section 1. Be it and it is hereby enacted by the General Assembly of Georgia, that the Board of Commissioners of Roads and Revenues of Clarke County, Georgia, shall receive the following compensation; The chairman of said board shall receive $175.00 per month, and each one of the other members of said board of commissioners shall receive $150.00 per month, the said salaries to be paid by the treasurer of the County of Clarke on an order drawn and signed by the chairman of said board of commissioners and signed by the clerk of said board, in monthly installments, or otherwise, as may be ordered by said board. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that if consented to, the Clarke County delegation in the General Assembly intends to introduce local legislation in the 1958 session of the General Assembly to increase the compensation of the members of the Board of Commissioners of Roads and Revenues Page 2825 of Clarke County, Georgia, so that the same shall be $175.00 to the chairman thereof, and $150.00 to the other members thereof, monthly, and providing for the manner of payment thereof. Chappelle Matthews, Robert G. Stephens, Jr., Julian H. Cox. 24-31, F 7-14. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Stephens, Jr., who, on oath, deposes and says that he is Representative from Clarke County, and that the attached copy of notice of intention to introduce local legislation was published in the Athens Banner Herald which is the official organ of said county, on the following dates: January 24 and 31, February 7, 1958. /s/ Robert G. Stephens, Jr., Representative, Clarke County. Sworn to and subscribed before me, this 12 day of February, 1958. /s/ Harold L. Murphy, N-P. Notary Public, Haralson County, Georgia. Approved March 21, 1958. Page 2826 PULASKI COUNTYCONSOLIDATION OF OFFICES OF TAX RECEIVER AND TAX COLLECTOR INTO OFFICE OF TAX COMMISSIONER. No. 240 (House Bill No. 1080). An Act to consolidate the offices of tax receiver and tax collector of Pulaski County into the office of tax commissioner; to provide for the election and compensation of said tax commissioner; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 tax receiver and tax collector of Pulaski County, Georgia, are hereby consolidated into the office of tax commissioner of Pulaski County. Offices consolidated. Section 2. The tax commissioner herein provided for shall be compensated in the amount of $3600.00 per annum, payable monthly out of county funds plus 10 per cent of all taxes collected in excess of 90 per cent of the total taxes due according to the tax net digest and all fees paid by the State for handling the sale of motor vehicle license plates as provided by law. Said compensation shall be in lieu of any and all other fees or compensation for the return and collection of taxes and any other fees that might become owing to said office or to the offices of tax receiver and tax collector of said county. All such fees shall be received by the tax commissioner, however, for the exclusive use of the county and shall be deposited by him on or before the first day of each month with the Ordinary of Pulaski County who shall place such moneys in the general treasury of the county. Compensation of tax commissioner. Section 3. This Act shall become effective January 1, 1961, the tax commissioner to take office at the time Page 2827 to be elected at the general election held in the State of Georgia in the year 1960. Effective date. In the event that a vacancy should occur in the office of tax receiver or tax collector prior to January 1, 1961, the holder of the office not vacated shall assume all the rights, duties, and obligations imposed on the office of tax commissioner by this Act for the remainder of his term. Section 4. Not less than 30 nor more than 60 days before the general election to be held in the State of Georgia in the year 1958, it shall be the duty of the Ordinary of Pulaski County to issue the call for an election for the purpose of submitting this Act to the voters of Pulaski County for approval or rejection. The ordinary shall set the date of such election for the same day of said general election. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Pulaski County. The ballot shall have written or printed thereon the words: For approval of the Act to consolidate the offices of Tax Receiver and Tax Collector of Pulaski County into the single office of Tax Commissioner. Against approval of the Act to consolidate the offices of Tax Receiver and Tax Collector of Pulaski County into the single office of Tax Commissioner. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect as herein before provided. If a majority of the votes cast on such question are aginst approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Pulaski County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the Page 2828 same laws and rules and regulations as govern general elections, except as otherwise provided herein. 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 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given of the intention to introduce in the January-February 1958 session of the General Assembly of Georgia a local bill to consolidate the office of tax receiver and the office of tax collector of Pulaski County, into the one office of tax commissioner of Pulaski County; to provide the term of office; to prescribe the duties; to provide the compensation; to provide for the election of the Tax Commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes. This the 20th day of January, 1958. Pete Petey, Representative, Pulaski County. 1-22-3tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pete Pettey, who, on oath, deposes and says that he is Representative from Pulaski County, and that the attached copy of notice of intention to introduce local legislation was published in the Hawkinsville Dispatch and News which is the official organ of said county, on the following dates: January 22, January 29, and February 5, 1958. /s/ Pete Pettey, Representative, Pulaski County. Page 2829 Sworn to and subscribed before me, this 10th day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved March 21, 1958. CITY OF BLAKELYCHARTER AMENDED. No. 241 (House Bill No. 940). An Act to amend an Act entitled An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes, approved December 18, 1900, as amended by the Act approved December 17, 1902, and by other subsequent acts, by extending the corporate and territorial limits of said city so that such limits, when so extended thereby, shall include all of the territory within the following bounds: Beginning at a point one and one-half miles west of the center of the public square of Blakely, and extending north two miles, thence east three miles, thence south four miles, thence west three miles, thence north two miles to the point of beginning; the same to enclose an area of twelve square miles; to provide for a referendum and election in which the qualified registered voters of the territory proposed thus to be added to the City of Blakely may vote on such proposal; 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 corporate and territorial limits of The City of Blakely, as prescribed and defined in Sec. 1 of the Act of the General Assembly of Georgia, approved December 18, 1900, and entitled An Act to Page 2830 create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes (Ga. L. 1900, pp. 219-228) as said section was amended by the Act of the General Assembly of Georgia approved December 17, 1902, and entitled An Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes, approved December 18, 1900, so as to extend the corporate limits of the City of Blakely (Ga. L. 1902, pp. 347-348), be and the same are hereby extended so that said corporate and territorial limits of the City of Blakely shall include all the territory within the following bounds: Beginning at a point one and one-half miles west of the center of the public square of Blakely, and extending north two miles, thence east three miles, thence south four miles, thence west three miles, thence north two miles to the point of beginning; the same enclosing an area of twelve square miles. Corporate limits. Section 2. That this Act, if ratified as hereinafter prescribed, shall become effective on the 31st day of December, 1958. Section 3. That this Act shall not become effective unless ratified in the manner hereinafter prescribed by a majority of the qualified registered voters residing in the territory proposed to be hereby added to The City of Blakely at a special election to be held for that purpose, which election shall be called by the Ordinary of Early County, Georgia, and held and its results determined and published as follows: Immediately upon the passage of this Act, or as soon thereafter as may be practicable, the Board of Registrars of Early County, Georgia, shall, from the voters' book of said county, compile a list of the registered and qualified voters of said county residing in the territory proposed to be hereby added to the City of Blakely, and shall file such list, properly certified by them, with the ordinary, such list to be compiled and filed with said ordinary within 90 days after the passage of this Act. Immediately upon such list being filed with the ordinary, Page 2831 said ordinary shall call a special election for the purpose hereinabove stated, to be held not more than 60 nor less than 40 days after the call thereof, and of which election at least 30 days' notice shall be given by said ordinary, by publishing notice thereof in the official gazette of said county, and posting notice thereof at the courthouse door in said county, and all the registered and qualified voters residing in the territory proposed to be hereby added to the City of Blakely may vote in said election which shall be held at the regular place of holding elections in the 866th district, Georgia Militia, of Early County, Georgia, at Blakely, Georgia, in the manner provided by law for holding special elections; and ballots shall be provided by the ordinary having printed thereon the words For City Limits Extension and Against City Limits Extension and shall be the secret, three-piece type ballot such as is used in general elections. The returns of said election shall be made by the election managers to the ordinary, who shall canvass the returns and certify and publish the results. If a majority of the votes cast in said election shall be in favor of the ratification of this Act, this Act shall become effective on the 31st day of December, 1958; if otherwise, this Act shall not become effective. All the expenses of said special election shall be borne and paid by the City of Blakely. Referendum. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Local Legislation. Georgia, Early County. Notice is hereby given that I intend to introduce, at the January-February session, 1958, next, a bill to be captioned: An Act to amend an Act entitled `An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes', approved December 18, 1900, as amended by the Act approved December 17, 1902, and by other subsequent Acts, by extending the corporate and territorial limits of said city so that such limits, when so extended thereby, shall include all of the territory within the following bounds: Beginning at a point one and one-half miles west of the center of the public square of Blakely, and extending north two miles, thence east three miles, thence south four miles, thence west three miles, thence north two miles to the point of beginning; the same to enclose an area of twelve square miles; to provide for a referendum and election in which the qualified registered voters of the territory proposed thus to be added to the City of Blakely may vote on such proposal; and for other purposes. Page 2832 This December 20, 1958. Leon H. Baughman, Representative from Early County in the General Assembly of Georgia. 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 are the partners composing the partnership which is the publisher of the Early County News, the official gazette of said county in which sheriff's advertisements therefor are published; that the above and foregoing is a true and correct copy of the original of which it purports to be a copy, and that such original was published and appeared in the issues of said newspaper of December 24, 1957, and January 2 and 9, 1958. /s/ A. T. Fleming. (A.T. Fleming) Page 2833 Sworn to and subscribed before me, this 29th day of January, 1958. /s/ Lowrey S. Stone, (Lowrey S. Stone), Notary Public, Georgia, State at Large. My Commission expires Dec. 30, 1958. (Seal) Approved March 21, 1958. CITY OF VIDALIACHARTER AMENDED. No. 243 (House Bill No. 919). An Act to amend an Act creating a new charter for the City of Vidalia, in Toombs County, approved August 8, 1922 (Ga. L. 1922, p. 1004 et seq.), and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Part I. That the Act creating a new charter for the City of Vidalia, in Toombs County, approved August 8, 1922 (Ga. L. 1922, p. 1004 et seq.) and the several Acts amendatory thereof, be further amended as follows: Section 1. By repealing and striking from the Act creating a new charter for said City of Vidalia approved August 8, 1922 the following parts and paragraphs of section 15 of that Act, to-wit: 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 books shall show the page of minute book and date of passage. 15 of 1922 Act repealed Page 2834 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. No ordinance, unless it be declared an emergency ordinance, and passed by the unanimous vote of the council shall be passed on the day on which it shall be introduced. That all ordinances, other than emergency measures, shall be published once in some newspaper published in the City of Vidalia, or posted at three or more public places in City of Vidalia, in the discretion of the mayor and council, and no ordinance except emergency measures, shall become effective until ten days after the date of its publication. That an emergency measure shall be declared to be an ordinance or resolution for the immediate preservation of the public peace, property, health or safety, or providing for the usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances appropriating money, not exceeding two hundred and fifty ($250.00) dollars, and ordinances for the payment of salaries and wages may be passed as emergency measures, but no measure making a grant, removal or extension of a franchise, or other special privilege, or regulating the rate to be charged for its services by any public utility shall ever be passed as an emergency measure. Section 2. By repealing and striking from said Act, approved August 8, 1922, section 79 of that Act which reads as follows: Section 79. Be it further enacted, that the mayor and council of said city may codify all ordinances, resolutions and by-laws of said city, together with the charter of said city, and all special Acts on the subject of the public school system of said city, into one book, to be known as the Code of the City of Vidalia and when the same is Page 2835 adopted by said mayor and council, said code shall be admitted in evidence in any of the courts of this State, upon the certificate of the city clerk certifying the same to be the code of laws and ordinances of said city. The mayor and council shall have the power and authority to revise said code or re-codify the laws and ordinances of said city whenever they may deem it necessary. 79 of 1922 Act repealed. Section 3. By repealing the Act approved February 19, 1951 (Ga. L. 1951, p. 2633) entitled An Act to amend an Act (Ga. L. 1922, p. 1004 et seq.), approved August 8, 1922, providing for a new charter for the City of Vidalia, as amended, so as to provide that all ordinances except emergency measures of said city may be finally acted upon at the time of the first reading or presentation to the mayor or council of said city; to repeal all conflicting laws; and for other purposes. Said Act being an Act relating to the time of adoption of ordinances by the mayor and council of the City of Vidalia. 1951 Act repealed. Section 4. By adding to said Act approved August 8, 1922 a new section to substitute for the Act of 1951 and the parts of the Act of 1922 herein repealed in sections 1, 2 and 3 and to read as follows: Section 15A: (1) The city clerk, hereinafter referred to as clerk, shall maintain in the office of the clerk a book which shall be known as the `Book of Ordinances of the City of Vidalia' which is hereinafter referred to as `Book of Ordinances'. (2) The Book of Ordinances shall be open to the public during all regular business hours of the clerk and copies of all ordinances included in the Book of Ordinances, or parts or extracts therefrom, shall be furnished by the clerk to all persons requesting the same upon the payment of such reasonable fee therefor as may be prescribed by the mayor and council which fee shall be covered by the clerk into the general funds of the city. (3) All ordinances enacted by the mayor and council for the government of the City of Vidalia, or for the government of persons, or property within its corporate limits, or within its police jurisdiction, shall be entered in the Book of Ordinances after their enactment and no person shall be punished, nor suffer nor incur any civil or criminal liability or penalty, by reason of the violation of any ordinance of the city until such ordinance has been entered in the Book of Ordinances. Page 2836 (4) The mayor and council shall have power from time to time to adopt a Code of Ordinances for the government of the City of Vidalia and persons and property within its corporate limits and police jurisdiction and from time to time to revise and amend such code, which code may cover and include all, or such part as the mayor and council shall see fit, of the subjects on which the mayor and council shall have power express or implied to legislate or enact ordinances. Any such code, and all amendments thereto, and revisions thereof, when enacted, shall be entered by the clerk in the Book of Ordinances. Ordinances, passage, recording, proof, etc. (5) Extracts from the Book of Ordinances when certified by the clerk under the seal of the city, shall be admissible in evidence in any court of this State, without further proof of their authenticity or their enactment. (6) Whenever any ordinance or code of ordinance or amendment thereof, is entered in the Book of Ordinances, the clerk shall enter therewith a certificate showing its enactment by the mayor and council and when any ordinance or code of ordinances, or part thereof, is repealed, the clerk may delete or remove the same from the Book of Ordinances. (7) This section shall not repeal nor affect existing ordinances of the City of Vidalia except all existing ordinances shall be entered in the Book of Ordinances not later than January 1, 1960 and after January 1, 1960 this section shall apply to all ordinances of the city now existing. Any existing ordinances may be entered in the Book of Ordinances sooner than January 1, 1960, and upon its entry therein shall be subject to all provisions of this section. (8) All ordinances adopted by the mayor and council shall be signed and approved by the mayor but any ordinance shall become law without the signature of the mayor unless the mayor within four days after its enactment shall deliver to the clerk his written veto thereof, and no ordinance nor code shall be entered in the Book of Ordinances until approved by the mayor or until it has become law without his approval as herein provided, or has been enacted by the Council over the veto of the mayor as provided in section 15. (9) All ordinances may be adopted at the meeting of the mayor and council to which first presented and no publication shall be required of any ordinance except its entry in the Book of Ordinance as herein provided. Page 2837 Section 5. By adding a new section to said Act approved August 8, 1922, to read as follows: Section 15B. The mayor and council may appoint such deputy city clerks, deputy city treasurers, and deputy marshals as they may see fit. Each deputy so appointed shall have and may exercise all powers, duties, functions and authority as shall be vested in the principal officer for whom he is deputy including all powers, duties, and functions vested in the principal officer ex-officio. All deputies shall serve at the pleasure of the mayor and council, and shall receive such compensation, and shall give such bond as the mayor and council shall provide. This section shall not limit the power given the mayor and council in section 22 to elect policement. Employees. Section 6. By repealing and striking from the said Act approved August 8, 1922, section 66 of that Act which reads as follows: Section 66. Be it further enacted by the authority aforesaid, that executions for any and all taxes or licenses or demands of any sort due the city, or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk of said city, signed by him, bear teste in the name of the Page 2838 mayor, and be directed to the marshal of said city and his deputies to all and singular the 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, they make by levy and sale the amount due on the execution with all costs. The mayor and council shall, by ordinance, provide for the time and place of and the method of conducting and all registration, governing the marshal's sales under said executions. The sheriffs, deputy sheriffs and constables of this State shall proceed in the same manner to levy and collect executions issued from the respective courts of which they are an executive officer. And by substituting a new section for said section 66 to read as follows: 66 of 1922 Act repealed. Section 66. (1) Be it further enacted by the authority aforesaid, that executions for any and all taxes or licenses, or demands of any sort due the city or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk, signed by him, bear teste in the name of the mayor, and be directed to the marshal of said city and his deputies and to all and singular the 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, they make by levy and sale the amount due on the execution with all costs. The mayor and council shall, by ordinance, provide the time, place, and advertisement of, method of conducting, and all regulations governing sales by the marshal under said executions. The sheriffs, deputy sheriffs and constables of this State shall proceed in the same manner to levy and collect said executions as they do executions issued from the respective courts of which they are an executive officer. Executions. (2) All executions issued by the city clerk for taxes, license fees, special assessments, fines, or forfeitures, due the City of Vidalia shall be governed by the laws governing executions for state and county taxes, and shall be Page 2839 subject to all presumptions of law and fact which apply to executions for state and county taxes; (3) All deeds executed by the marshal of the City of Vidalia under levy of executions in favor of the city for taxes, licenses, special assessments, fines, or forfeitures, shall be governed by the laws and rules of evidence which apply to deeds executed by the sheriffs under levy of executions for state and county taxes, and shall be subject to all presumptions of law and fact which apply to deeds executed by sheriffs under levy of executions for state and county taxes; (4) All rules of evidence which apply to deeds by sheriffs under levy of executions for state and county taxes including all presumptions which apply thereto shall apply to deeds by the marshal of the City of Vidalia under levy of executions for taxes, special assessments, licenses, fines, or forfeitures in favor of the City of Vidalia; (5) All rules of evidence which apply to executions issued for state and county taxes, including all presumptions which apply thereto, shall apply to executions issued for taxes, licenses, special assessments, fines, or forfeitures due the City of Vidalia. Part II. Section 1. Each and every clause and provision of part I of this Act is separately enacted and should any provision or clause be determined to be invalid by any court such determination shall not affect any other provision or clause of this Act. Section 2. A copy of notice to apply for this local legislation and affidavit of the author of this Act showing publication of such notice as provided by law are attached hereto and are made a part of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2840 Notice of Intention to Introduce Local Legislation: Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia now in session an act to amend an act creating a new charter for the City of Vidalia, Georgia, approved August 8, 1922 and the several acts amendatory thereof, and for other purposes. This 15th day of January, 1958. H. R. Yandle, Representative, Toombs County. Georgia, Fulton County. Personally appeared before the undersigned officer authorized to administer oaths, H. R. Yandle, who first being sworn, deposes and says on oath: Affiant is the author of the foregoing and attached bill and the foregoing and attached notice of intention to introduce local legislation was published in the issues of the Lyons Progress for January 16, 23 and 30, 1958, and that the Lyons Progress is the newspaper in which the sheriff of Toombs County publishes his legal advertisements and the newspaper in which the sheriffs advertisements for the locality affected by said bill are published, the City of Vidalia being in Toombs County. /s/ Hoyle R. Yandle. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 21, 1958. Page 2841 CITY OF HOLLY SPRINGSCHARTER AMENDED. No. 244 (House Bill No. 1093). An Act to amend an Act incorporating the Town of Holly Springs in the County of Cherokee, approved August 14, 1906 (Ga. L. 1906, p. 819), as amended, so as to change the name of said town to the City of Holly Springs; 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 Holly Springs in the County of Cherokee, approved August 14, 1906 (Ga. L. 1906, p. 819), as amended, is amended by striking from said Act wherever the same shall appear the words, Town of Holly Springs, and inserting in lieu thereof the words, City of Holly Springs, and by striking from said Act wherever the same shall appear the word, town, and inserting in lieu thereof the words, city, so that said town shall henceforth be known as the City of Holly Springs. Name changed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the January 1958 Session of the General Assembly of Georgia, a bill to change the name of the Town of Holly Springs to the City of Holly Springs; and for other purposes. This 22nd day of January, 1958. Carl Barrett, Representative, Cherokee County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Barrett, Page 2842 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 23, January 30, and February 6, 1958. /s/ Carl Barrett, Representative, Cherokee County. Sworn to and subscribed before me, this 11th day of February, 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My Commission Expires October 10, 1961. Approved March 21, 1958. CITY OF ATLANTA, FULTON COUNTYEDUCATION COMMISSION CREATED. No. 245 (House Bill No. 1156). An Act to establish a local education commission in Atlanta and Fulton County to study the educational systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County, for the purpose of improving said systems and providing greater efficiency and economy; to provide that said commission may draft a plan or plans for such improvements to said systems and submit same to members of the General Assembly from Fulton and DeKalb County; to provide for the organization of said commission; to provide for the publication of said plan or plans; to provide for allocations of funds by the Boards of Education of Atlanta and Fulton County for the operation of the commission; to provide for authority to accept donations; and for other purposes. Page 2843 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. There is hereby created in Fulton County and the City of Atlanta a commission to study the educational systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County, for the purpose of improving said systems and providing greater efficiency and economy. Said commission shall be known as the local education commission of said county, hereinafter referred to as the commission. Said commission shall be composed of 10 members, classified into the following positions: (a) three representative positions, which shall be filled originally by A. C. Latimer, representing the Board of Education of the City of Atlanta, W. L. Robinson, representing the Board of Education of Fulton County and J. J. McDonough, representing the Atlanta Chamber of Commerce; (b) seven additional positions, which shall be filled originally by Fred J. Turner, Marthame Sanders, Joseph K. Heyman, J. H. Cawthon, Otis M. Jackson, Elwyn Gaissert, W. Kenneth Stringer. Created, members. Section 2. Each individual herein named to the commission shall serve thereon until the commission is discharged as hereinafter provided, unless he shall refuse to serve or shall die or resign. Whenever a vacancy on the commission results from the fact that a member refuses to serve or dies or resigns, the vacancy shall be filled by majority vote of the remaining members of the commission as follows: if the vacancy is in a position representing one of the boards of education, it shall be filled by a person who is then a member of such board; if the vacancy is in the position representing the Atlanta Chamber of Commerce, it shall be filled by a person who is then an officer thereof; if the vacancy is in one of the additional positions, it shall be filled by a citizen then residing in the City of Atlanta or in Fulton County outside the City of Atlanta. Notwithstanding anything else herein stated, if a vacancy takes place in a representative or additional position originally filled by a citizen residing in the City Page 2844 of Atlanta, such vacancy shall be filled by a citizen then residing in the City of Atlanta and in the county wherein the person originally filling said position resided; and if a vacancy takes place in a position originally filled by a citizen residing in Fulton County outside the City of Atlanta, such vacancy shall be filled by a citizen then residing in Fulton County outside the City of Atlanta. A majority of the persons serving as members of the commission shall constitute a quorum to do business but a less number may adjourn from time to time. The commission shall elect a chairman, a vice-chairman and a secretary-treasurer from its membership. The commission shall adopt, from time to time, such rules, regulations and modes of procedure as it deems expedient for the orderly dispatch of its business. The commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds hereinafter provided, properly vouched for, shall be furnished to the Boards of Education of Fulton County and of the City of Atlanta. The first meeting of the commission shall be held within 30 days after the approval of this Act by the Governor, at a place and time mutually agreed upon by the members thereof representing the Boards of Education of Fulton County and of the City of Atlanta. Said boards of education, or either of them, upon application by the commission, shall provide suitable office space and meeting rooms for the commission. Quorum, reports, etc. Section 3. It shall be the function and duty of said commission to make a study of the educational systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County, and to submit to the General Assembly of the State of Georgia as hereinafter provided a plan or plans for the improvement of said systems. Such study shall give full consideration to the position of said systems within the total educational system of the State of Georgia, and such plan or plans shall include any changes in political and administrative and fiscal structure of either or both of said systems which the commission deems desirable and feasible. Intent. Section 4. The said commission shall have the power Page 2845 and authority to hold public hearings and any judge of the superior court upon application signed by the chairman and secretary-treasurer of the commission shall issue a subpoena for the attendance of any witness or the production of any books, papers or records. In making such study the commission is authorized to call upon the State of Georgia or any of its agencies or institutions for any aid or assistance which can be rendered it, and to call upon the various departments of the county and municipalities, including the law departments, for such assistance. Said commission may employ such special, technical and clerical assistance, as may be necessary to assemble the required data and information, to analyze the same and draft the plan or plans for submission of said plan or plans to the General Assembly as hereinafter provided. The commission is authorized to enter into a contract with persons or agencies for providing any or all of the data and information required in carrying out the purposes of the commission. The commission shall reimburse the individual members of the commission for their actual out-of-pocket expenses incurred by authority of and while on business for the commission. Hearings, reports, expenses, etc. Section 5. The official plan or plans, when signed by a majority of said commission shall be filed by said commission with the Representatives of Fulton and DeKalb Counties and the Senators of the 34th and 52nd Districts in the General Assembly of Georgia and with the clerks of the superior courts having jurisdiction in Fulton and DeKalb Counties and with the city clerk of the City of Atlanta on the first day of the next session of the General Assembly following January 1, 1959. Provided however, that if the commission is not ready to file its final report at that time, then it shall file an interim report at that time, and shall file its final report on the first day of the next session of the General Assembly following January 1, 1960. At least 60 days prior to filing either of the aforesaid reports, the commission shall submit a draft copy thereof to each of the aforesaid boards of education, for comments and suggested revisions. The commission shall provide for the publication of a reasonable number of copies of its plan or plans for distribution. Page 2846 When its final report has been filed as hereinabove provided, the commission shall thereby be discharged. Reports. Section 6. The Board of Education of the City of Atlanta is hereby authorized and directed to allocate the sum of $6,000 and the Board of Education of Fulton County is hereby authorized and directed to allocate the sum of $4,000, for the purpose of carrying out the purposes of this Act, which are declared to be educational functions of said Boards of Education. Requisitions for sums up to the total amounts hereby directed to be allocated shall be signed by the chairman and secretary-treasurer of said commission and shall be paid by the official in charge of the funds thus allocated. Nothing in this Act shall be construed to prohibit either of said boards of education from allocating and paying such additional sums as in its discretion it may find to be necessary to carry out the provisions of this Act. Expenses. Section 7. The commission is authorized to accept donations in any form from any source and use the same in any way the commission may deem advisable to effectuate the aims and purposes of the commission. Donations. Section 8. It is hereby found, determined and declared that the creation of the commission and the carrying out of its purposes is in all respects for the benefit of the people of the City of Atlanta and Fulton County and is a public purpose and that the commission will be performing an essential educational function in the exercise of the power conferred upon it by this Act. Purpose of Act. Section 9. This Act, being for the welfare of the citizens of Atlanta and of Fulton County, shall be liberally construed to effect the purposes thereof. Construction of Act. Section 10. 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. Provisions severable. Page 2847 Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Section 12. 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. 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 30th day of January, 1958, and on the 6, 13 days of February, 1958, as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 13th day of February, 1958. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My Commission Expires March 8, 1958. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce into the current session of the General Assembly of Georgia, a bill to establish a local education commission in Atlanta and Fulton County to study the educational systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County; to provide for Page 2848 the organization and functioning of said commission; and for other purposes. /s/ Charles M. Brown, Senator, 52nd District. Jan. 30, Feb. 6, 13x. 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 1-30, 2-6, 2-13, 1958. The DeKalb New Era. /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 19th day of February, 1958. /s/ Mrs. Ann Hardy, Notary Public, DeKalb County, Georgia. (Seal). My Commission Expires July 26, 1961. Copy of Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce into the current session of the General Assembly of Georgia, a bill to establish a local education commission in Atlanta and Fulton County to study the educational systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County; to provide for the organization Page 2849 and functioning of said commission; and for other purposes. This January 28th, 1958. Charles M. Brown, State Senator, 52nd District. 1-303t. Approved March 21, 1958. PENSION ACT FOR FIREMEN IN CERTAIN CITIES AMENDED. No. 247 (House Bill No. 931). An Act to amend the Act approved August 13, 1924 (Ga. L. 1924, p. 167) 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 aid, relief, and pensions to members of paid fire departments now in active service, etc., as amended by the Act approved August 24, 1931 (Ga. L. 1931, p. 223), and further amended by the Act approved March 28, 1935 (Ga. L. 1935, p. 450), and further amended by the Act approved March 9, 1945 (Ga. L. 1945, p. 1080), so as to provide for a refund of contributions by members made for months for which no pension credit accrues, upon being compelled to retire; 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 approved August 13, 1924 (Ga. L. 1924, p. 167) 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 aid, relief, and pensions to members of paid fire departments now in active service, etc., as amended by the Act approved August Page 2850 24, 1931 (Ga. L. 1931, p. 223) and further amended by the Act approved March 28, 1935 (Ga. L. 1935, p. 450), and further amended by the Act approved March 9, 1945 (Ga. L. 1945, p. 1080) be and is hereby further amended as follows: Section 1. By adding, after section 7, a new section which shall be section 7a, and which shall read as follows: Section 7a. When any member shall be compelled to retire because of age or disability, such member shall be entitled to receive a refund of all amounts deducted from his salary for pension purposes for any months for which he cannot receive credit on his pension. Refund of contributions in certain cases. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 21, 1958. FANNIN COUNTYCOMPENSATION OF COMMISSIONER AND CLERK OF COMMISSIONER. No. 249 (House Bill No. 1170). An Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, p. 966) and an Act approved February 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2232), so as to change the compensation of said commissioner and 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 creating the office of Commissioner of Roads and Revenues of Fannin County, approved August Page 2851 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, p. 966) and an Act approved February 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2232) is amended by striking from section 5 thereof the figures, $1500.00, and inserting in lieu thereof the figures, $2400.00, so that said section, as amended hereby, shall read as follows: Section 5. That the commissioner shall appoint a clerk, whose salary shall not exceed $2400.00 per annum, to be paid monthly out of the county treasury, and it shall be the duty of the said 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 or county depository by order of the commissioner, giving the amount and date of said such 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 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 $1000.00, payable to the said commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the commissioner. Commissioner's clerk. Section 2. Said Act is further amended by striking from section 6 thereof the figures, $3600.00, and inserting in lieu thereof the figures, $4800.00, so that said Section, as amended hereby, shall read as follows: Section 6. That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $4800.00 per annum for his services, to be paid monthly, to be paid at the end of each month's services. Commissioner's salary. Page 2852 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. A Bill. To be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, p. 966) and an Act approved February 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2232), so as to change the compensation of said commissioner and 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 creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, p. 966) and an Act approved February 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2232), is amended by striking from section thereof the figures, $1500.00, and inserting in lieu thereof the figures, $2400.00, so that said Section, as amended hereby, shall read as follows: Section 5. That the commissioner shall appoint a clerk, whose salary shall not exceed $2400.00 per annum, to be paid monthly out of the county treasury, and it shall be the duty of the said 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 or county depository by order of the commissioner, giving the amount and Page 2853 date of said such 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 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 commissioners, which bond shall be in the sum of $1000.00, payable to the said commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the commissioner. Section 2. Said Act is further amended by striking from section 6 thereof the figures, $3600.00, and inserting in lieu thereof the figures, $4800.00, so that said section, as amended hereby, shall read as follows: Section 6. That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $4800.00 per annum for his services, to be paid monthly, to be paid at the end of each month's services. Section 3. 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, Rein Mull, who, on oath, deposes and says that he is Representative from Fannin County, and that the attached copy of notice of intention to introduce local legislation was published in the Fannin County Times which is the official organ of said county, on the following dates: January 30, 1958 and February 6 and 13, 1958. /s/ Reid Mull, Representative, Fannin County. Page 2854 Sworn to and subscribed before me, this 17th day of February, 1958. /s/ G. Hughel Harrison, Notary Public, Georgia, State at Large. (Seal). My Commission Expires April 30, 1961. Approved March 21, 1958. CITY OF COLLEGE PARKCHARTER AMENDED. No. 250 (House Bill No. 1129). 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, etc., 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, Page 2855 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: All that portion of land lot 28, 13th district, Fulton County, Georgia, lying south of the north right-of-way line of Roosevelt Highway (U. S. Route No. 29). Corporate limits. Section 2. The jurisdiction of the Mayor and Council 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 muncipality 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 One 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 One of this Act. The power of taxing property and of fixing and regulating licenses for businesses; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of section One of this Act. Said new territory is likewise made subject to all the bonds heretofore issued by mayor and council of the City of College Park, and is bound for the payment of bonds generally with the former territory of said municipality. Corporate powers. Section 3. The mayor and council of said City of College Park are 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. Page 2856 Section 4. Not less than fifteen nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of College Park to issue the call for an election for the purpose of submitting this Act to the property owners and/or voters of the within proposed territory to be annexed to City of College Park for approval or rejection. The date of the election shall be set for a day not less than thirty days nor more than sixty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of College Park. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of College Park. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvass the returns and declare and certify the results of the election, and certify the results to the Secretary of State. Referendum. Section 5. This Act shall become effective immediately for the purpose of holding the election outlined in section 4, of this Act, and for all other purposes this Act shall become effective on January 1, 1959, provided the said election results in the approval of this Act. Effective date. Section 6. 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 notices certified by the publishers of the newspapers in which the sheriff's advertisements Page 2857 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 7. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. 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, 24, 31 days of December, 1957, and on the 8, 15, 22 days of January, 1958, as approved by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 24th day of January, 1958. /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 College Park intends to apply for the passage of local legislation at the 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 College Park, approved December 16, Page 2858 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, etc., 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 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N.W. Main Street, College Park, Georgia. Dec. 18, 25; Jan. 1tfn. 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 the publication of which the annexed is a true copy, was published in said paper on the 26th day of December, 1957, and once each week thereafter for 4 weeks as provided by law. /s/ Jack Troy. Subscribed and sworn to before me, this 23rd day of January, 1958. /s/ T. F. Nicholson, Notary Public, Clayton County, Georgia. My Commission Expires October 24, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the Page 2859 1958 session of the General Assembly of Georgia, convening in January, 1958, to amend the charter of the City of College Park, 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 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, etc., 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 17, 1957. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Georgia. Approved March 21, 1958. CITY OF QUITMANCHARTER AMENDED. No. 256 (House Bill No. 1140). An Act to amend an Act to create a new charter for the City of Quitman, approved August 23, 1905 (Ga. L. 1905, p. 1060), as amended, particularly by an Act approved August 10, 1921 (Ga. L. 1921, p. 1055), so as to provide for additional city commissioners in said city; to provide for a method of electing such commissioners; to provide for a referendum; to repeal conflicting laws; and for other purposes. Page 2860 Be it enacted by the General Assembly of Georgia: Section 1. An Act to create a new charter for the City of Quitman, approved August 23, 1905 (Ga. L. 1905, p. 1060), as amended, particularly by an Act approved August 10, 1921 (Ga. L. 1921, p. 1055) is amended by striking from section 1 of said amendatory Act the word, three, and inserting in lieu thereof the word, five, so that said section, as amended hereby shall read as follows: Section 1. That in lieu of the myor and councilmen of the said City of Quitman there is hereby created and established a commission of five citizens, who shall be known as the Board of Commissioners for the City of Quitman. Said commissioners are hereby given all rights, powers and authority heretofore vested in the mayor and councilmen of the City of Quitman, except as otherwise provided herein, and the commission is further given the full power and authority to ratify the election and empolyment of all police and other officers, and agents and employees of said City of Quitman, together with the right to fix the term of office and employment, to prescribe the duties, to name the compensation, to ratify the discharge from service without cause or notice of any officer, employee, or agent of said City of Quitman, or to discharge such officer, employee, or agent, as provided in section 8 sub-section (j) of this Act, and to designate the office and employment by such name as the commission deems expedient; except as in this Act otherwise provided. City commissioners. Section 2. Said Act is further amended by inserting in Section 15 of said amendatory Act following the word, commissioner, wherever the same shall appear the words, or commissioners, so that said section, as amended hereby, shall read as follows: Section 15. That after the first election for commissioners herein provided for elections shall be held annually on the first Tuesday in December, under the rules and regulations now provided for holding elections for mayor and councilmen, and such other rules and regulations Page 2861 as may be hereafter adopted by said commission for the election of a commissioner or commissioners to succeed the commissioner or commissioners whose term of office expires January 1st following and the managers of the elections shall give the persons elected a certificate of election, which certificate will entitle the holder to be installed into the office. Elections. Section 3. Not less than thirty (30) nor more than forty-five (45) 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 commission of the City of Quitman to issue a call for an election for the purpose of submitting this Act to the voters of the City of Quitman for approval or rejection. The commission shall set the date of such election for a day not less than thirty (30) nor more than forty-five (45) days after the date of the issuance of the call. The commission shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of Brooks County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act to increase the City Commission of Quitman to five (5) members. Against approval of the Act to increase the City Commission of Quitman to five (5) members. 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, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of Quitman. It shall be the duty of the commission to hold and conduct such election. It shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the commission to canvass Page 2862 the returns and declare and certify the result of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Section 4. If this Act shall be approved by the voters of the City of Quitman as provided in section 3 hereof, then at the next regular election for a commissioner of said city, there shall be elected two (2) additional commissioners. The person receiving the highest number of votes cast shall become a commissioner of the City of Quitman for a term of two (2) years, expiring January 1, 1961. The person receiving the next highest number of votes cast shall become a commissioner of the City of Quitman for a term of one year of one (1) year, expiring January 1, 1960. Upon the expiration of such terms, successors shall be elected for terms of three (3) years in the same manner and at the same time as other commissioners of said city. Terms. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. This is to certify that the attached legal advertisement of impending legislation appeared in the following issues of the Quitman Free Press, official organ of Brooks County: January 9, 16, 23, 1958. /s/ Beth W. Powers, Beth W. Powers, Editor and Publisher, Quitman Free Pres. Witness: /s/ Willie B. Elsberry, Notary Public. (Seal). Page 2863 Notice. I intend to introduce at the 1958 session of the General Assembly of Georgia legislation increasing the membership of the city commission of Quitman from 3 to 5. This legislation will have a referendum provision. This action is a result of the straw ballot taken in the last city election. John E. Sheffield, Jr., Representative, Brooks County. 2-4 Approved March 21, 1958. FULTON COUNTYEMPLOYEES' RETIREMENT ACT AMENDED. No. 257 (House Bill No. 1077). 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... and for other purposes, approved March 3, 1939 (Ga. L. 1939, pp. 571-579), 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 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...and for other purposes, approved March 3, 1939 (Ga. L. 1939, pp. 571-579) and the several Acts amendatory thereof, be further amended as follows: Page 2864 Section 1. Pension payments due to former officers and employees who have to their credit 25 years or more of service with said county and 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 shall be conclusive as to the time served. Pensions, adjustments in certain cases. Section 2. Pension payments due all former officers and employees who have retired prior to April 1, 1955, and who have to their credit 25 years or more of service with said county, and have been awarded a pension under the provisions of this Act, who have reached seventy years of age, or who shall hereafter reach seventy years of age, shall be recomputed 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 the county, 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 receive a minimum of $4.00 per month for each full year of active service to such county subject to the limitations set out in this Act as amended. Same. Section 3. 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 county 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 establish rules to carry out this restriction, which shall not apply to social security benefits incuring to such person by reason of other employment. Same, maximum. Page 2865 Section 4. The Board of Trustees shall permit any officer or employee who is eligible for pension benefits or increased pension benefits under this Act as amended and who is not now making the required contributions for such benefits, to become a member of such pension fund and to participate in the increased benefits provided by this Act as amended provided such officer or employee shall pay into the pension funds of the county an amount which would be equal to the amounts which he would have been required to pay had he exercised his privileges upon becoming eligible for such benefits. These payments shall be increased by 4% per annum from the dates such payments would have been due and may be paid over a period of fifty months. The Board of Trustees shall by rules provide for the exercise of the options herein authorized. Required contributions to obtain benefits. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Section 6. 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 Reprot, 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 16, 23, 30 days of January, 1958, and on thedays of19As provided by law. /s/ Frank Kempton. Page 2866 Subscribed and sworn to before me, this 5th day of February, 1958. /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 of intention to apply to the January, 1958 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). This January 15, 1958. Charlie Brown, Senator, 52nd District. Jan. 16, 23, 30. Approved March 21, 1958. BARTOW COUNTYSHERIFF, ORDINARY, AND CLERK OF SUPERIOR COURT PLACED ON SALARY. No. 259 (House Bill No. 1040). An Act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court and the ordinary of such county; to provide for the compensation of such officials; to provide for the disposition of fees, costs and other funds; to provide for personnel; to provide for an audit; to provide an effective date; to provide for a referendum; to repeal an Act relating to the compensation of the ordinary, Page 2867 approved March 7, 1955 (Ga. L. 1955, p. 3144); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the sheriff, the clerk of the superior court and the ordinary of Bartow County is hereby placed on a salary basis in lieu of a fee basis. Section 2. The Sheriff of Bartow County shall be compensated in the amount of eight thousand ($8,000.00) per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff. The sheriff shall appoint two deputies, who shall be compensated in the amount of four thousand ($4,000.00) dollars each per annum, to be paid in equal monthly installments from the funds of Bartow County. The sheriff shall be paid twelve hundred ($1,200.00) dollars per annum for a cook at the county jail and shall be paid twenty-four hundred ($2,400.00) dollars per annum for operating expenses at the county jail. He shall be paid eight (8) cents per mile as mileage expenses for automobiles used by the sheriff's office in the performance of the duties thereof. Such mileage allowance shall be paid upon presentation of a certified, itemized expense account by the sheriff presented to the Commissioner of Roads and Revenues of Bartow County. Sheriff's office. Section 3. The clerk of the superior court shall be compensated in the amount of eight thousand ($8,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the clerk of the superior court. The clerk shall appoint one deputy, who shall be compensated in the amount of forty-eight hundred ($4,800.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. The clerk shall receive the sum of five thousand ($5,000.00) dollars per annum from the funds of Bartow County for the purpose of paying clerical help. Clerk of superior court. Page 2868 Section 4. The ordinary shall be compensated in the amount of six thousand ($6,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the ordinary. The ordinary shall receive the sum of eighteen hundred ($1,800.00) dollars per annum from the funds of Bartow County for the purpose of paying clerical help. Ordinary. Section 5. All fees, commissions, costs and all other perquisites collected by the aforesaid officials shall be the property of Bartow County, and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the sources from which such fees, commissions, costs and other perquisites were collected. Fees to be paid to county. Section 6. An annual audit shall be made of the sheriff's, the clerk's and the ordinary's office, and such audit shall be made by a person selected by the Commissioner of Roads and Revenues of Bartow County. The cost of such audits shall be paid from the funds of Bartow County. Audits. Section 7. The provisions of this Act shall become effective on January 1, 1961, if approved in the referendum election provided for hereinafter. Effective date. Section 8. Not more than sixty (60) days nor sooner than thirty (30) days prior to the second Wednesday in September of 1958, it shall be the duty of the Ordinary of Bartow County to issue the call for an election for the purpose of submitting this Act to the voters of Bartow County for approval or rejection. Such election shall be held on the second Wednesday in September, which is the day for nominating persons in the State primary. 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 Bartow County. The ballot shall have written or printed thereon the words: Referendum. Page 2869 For approval of the Act placing the Sheriff, the Clerk of the Superior Court and the Ordinary of Bartow County on a salary basis in lieu of a fee basis. Against approval of the Act placing the Sheriff, the Clerk of the Superior Court and the Ordinary of Bartow County on a salary basis in lieu of a fee basis. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Bartow County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result thereof to the Secretary of State. Section 9. An Act relating to the compensation of the Ordinary of Bartow County, approved March 7, 1955 (Ga. L. 1955, p. 3144), is hereby repealed in its entirety. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that there will be introduced at the January 1958 Session of the General Assembly of Georgia, a bill to change the compensation of the sheriff, the clerk of the superior court and the ordinary from the fee system to the salary system; to abolish the office of tax receiver and tax collector of Bartow County; to create the office of tax commissioner; and for other purposes. This the 22nd day of January, 1958. /s/ Woodrow H. Bradley, Representative, Bartow County. Page 2870 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Woodrow H. Bradley, who, on oath, deposes and says that he is Representative from Bartow County, and that the attached copy of notice of intention to introduce local legislation was published in the The Bartow Herald which is the official organ of said County, on the following dates: January 23, January 30 and February 6, 1958. /s/ Woodrow H. Bradley, Representative, Bartow County. Sworn to and subscribed before me, this 10th day of February, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 21, 1958. ALBANY DOUGHERTY PAYROLL DEVELOPMENT AUTHORITY CREATED. No. 260 (House Bill No. 911). An Act to create the Albany Dougherty Payroll Development Authority; to provide for the appointment of members of said Authority; to provide the purpose, duties, control, organization and powers of said Authority; to provide for the duties and powers of the City of Albany and County of Dougherty with respect to said Authority; to provide for issuing revenue-anticipation certificates and for the validation of such certificates; to provide for the exemptions applicable to said authority and to evidences of indebtedness issued by said Page 2871 authority; 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 Albany Dougherty Payroll Development Authority. Title. Section 2. There is hereby created a body corporate and politic to be known as the Albany Dougherty Payroll Development Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of five (5) members who shall be the chairman of the Board of Commissioners of Roads and Revenues of Dougherty County, the mayor of the City of Albany, the president of the Albany Chamber of Commerce and two (2) appointed members who shall be residents of Dougherty County within or without the corporate limits of the City of Albany, and not less than thirty (30) years of age at the time of appointment. In making the nominations of members of the Authority not more than one (1) member shall be nominated from any one family, partnership, or other business organization. The members shall be selected in the following manner: Immediately after the effective date of this Act the directors of the Albany Chamber of Commerce shall select and nominate persons for appointment and submit four (4) or more names to the city and county. From such lists of nominees the commission of the City of Albany and the Commissioners of Dougherty County each shall appoint one (1) member of the Authority. For the first appointments, the county shall appoint one (1) person for three (3) years, and the city shall appoint one (1) person for two (2) years. Thereafter all such terms and appointments, except in case of a vacancy, shall be for three (3) years. In the event a vacancy occurs in the city appointment, the city shall fill such vacancy by appointment for the unexpired term. In the event a vacancy occurs Page 2872 in the county appointment, the county shall fill such vacancy by appointment for the unexpired term. In making any appointment for a vacancy or after the expiration of a term, the city and the county shall make such appointments from four (4) nominations for each member to be appointed, which nominations are to be made by the directors of said Chamber of Commerce. The Authority shall elect a chairman, and a treasurer. The executive vice-president of the Albany Chamber of Commerce shall serve as secretary of the Authority without compensation. The members of this Authority shall be entitled to no compensation. Created, members. Section 3. As used in this Act, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (a) The word Authority shall mean the Albany Dougherty Payroll Development Authority created by this Act and by and under Article V, Section IX, Paragraph I of the Constitution of the State of Georgia. Definitions. (b) The word project shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, easements, rights and francises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction Page 2873 of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expense be considered a part of the cost of any project. Section 4. The County of Dougherty and the City of Albany are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. Section 5. Any three (3) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes. Quorum. Section 6. The Authority shall have powers: (a) To have a seal and alter the same at pleasure. (b) To acquire, hold, and dispose of personal property, including the stock of other corporations, for its corporate purposes. Powers. (c) To enter into contracts for periods of time not in excess of fifty (50) years. (d) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Dougherty or the City of Albany; the governing authorities of Dougherty County and the City of Albany are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority. (e) To appoint and select officers, agents, and employees, Page 2874 including engineers, architects, builders, and attorneys, and to fix their compensation. (f) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires. (g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand add to operate and manage projects and to pay the cost of any such project from the proceeds of revenue-anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (h) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. (i) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia. (j) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (k) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (l) To issue revenue-anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue-anticipation certificates shall be issued and validated under and in accordance Page 2875 with the applicable provisions of the Act of the General Assembly of 1937, (Ga. L. 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue-anticipation certificates. Section 7. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a prospective industry considering the purchase or lease of an industrial site in Dougherty County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of section 9 hereof. Same. Section 8. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. Section 9. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation. Same. Section 10. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Dougherty County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Reverter clause. Section 11. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue-anticipation certificates issued by the Authority shall be exempt from State and local taxation. Taxation. Page 2876 Section 12. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Dougherty or the City of Albany. Debts. Section 13. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to the County of Dougherty and the City of Albany, and shall publish same one time in all newspapers printed in Dougherty County. Audits. Section 14. This Act being for the purpose of developing and promoting the public good and the welfare of the County of Dougherty and the City of Albany and their inhabitants, shall be liberally construed to effect the purposes hereof. Construction. Section 15. 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 severable. Section 16. The provisions of this Act shall become effective immediately after ratification of an amendment to the Constitution of the State of Georgia authorizing the creation of the Albany Dougherty Payroll Development Authority. Effective date. Section 17. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Proposed Local Legislation. The undersigned will introduce at the session of the General Assembly of Georgia which convenes in January, 1958, a local bill to create the Albany Dougherty Payroll Development Authority and to provide for the appointment of members of said Authority; to provide for the purposes, duties, control, organization and powers of the Authority and of the County of Dougherty and City of Page 2877 Albany with respect thereto; to provide for the issuance and validation of revenue-anticipation certificates; to provide and limit the taxes which can be levied for the support of projects of said Authority; and for other related purposes. The Act will be effective upon the ratification of a constitutional amendment authorizing the creation of such an Authority. George D. Busbee, A. W. Holloway, Asa D. Kelley. Affidavit of Publication. Personally appeared before the undersigned officer duly authorized under the laws of Georgia to administer oaths, James Gray, who being duly sworn on oath says that he is publisher of The Albany Herald, the official organ of Dougherty County, Georgia, in which the sheriff's advertisements are published and which has a general circulation in Dougherty County, and that the attached and foregoing notice of proposed local legislation was duly published in said newspaper once a week for three (3) weeks, in the issues of January 1, 8, and 15, 1958. /s/ James H. Gray. James Gray. Sworn to and subscribed before me, this the 25th day of January, 1958. /s/ G. Stuart Watson, Notary Public, Dougherty County, Ga. My Commission Expires December 2, 1959. Approved March 21, 1958. Page 2878 TOWN OF SPALDINGCHARTER ABOLISHED. No. 261 (House Bill No. 1147). An Act to repeal an Act incorporating the Town of Spalding in Macon County, approved March 16, 1869 (Ga. L. 1869, p. 92), as amended, by an Act approved February 22, 1877 (Ga. L. 1877, p. 187); 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 Spalding in Macon County, approved March 16, 1869 (Ga. L. 1869, p. 92), as amended, by an Act approved February 22, 1877 (Ga. L. 1877, p. 187) is hereby repealed in its entirety and the charter of the Town of Spalding is hereby abolished. 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 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, 1958, to be entitled an Act to repeal an Act granting a charter to the Town of Spalding in said county, and to dissolve and revoke the charter of the said Town of Spalding in said county; and for other purposes. /s/ J. Lester Souter Representative, Macon County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Lester Souter, who, on oath, deposes and says that he is Representative from Macon County, and that the attached copy of notice of intention to introduce local legislation Page 2879 was published in the Citizen and Georgian which is the official organ of said county, on the following dates: January 30, February 6 and February 13, 1958. /s/ J. Lester Souter Representative, Macon County Sworn to and subscribed before me this 13 day of Feb., 1958. /s/ E. L. Rowland Notary Public. Approved March 21, 1958. CITY OF THOMASTONCHARTER AMENDED. No. 262 (House Bill No. 926). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933, (Ga. L. 1933, pp. 1070, et seq.) as amended, to change and extend the present corporate limits of said city and to describe new territory to become a part of the City of Thomaston, 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 Act of the General Assembly of Georgia, approved March 15, 1933, (Ga. L. 1933, pp. 1070, et seq.) entitled An Act to amend, consolidate, and supersede the several acts incorporating the City of Thomaston in the County of Upson, State of Georgia, to create a new charter and municipal government of said city; to define the corporate limits of said city, etc. as amended, be, and the same is hereby, amended by adding to section four of said Act, defining the corporate limits of said city, additional paragraphs as a part of said section four of said Act to read as follows: Page 2880 The following described territory which, when all combined, is contiguous to the existing limits of the City of Thomaston shall be a part of said City of Thomaston and included in its corporate limits: A. All of a certain tract or parcel of land containing 36.4 acres, lying west of, and adjacent to, the original corporate limits of the City of Thomaston, in Upson County, Georgia, and more particularly described according to a plat thereof prepared by N. S. Westbrook, Registered Civil Engineer, dated June 1, 1946, as follows, towit: Beginning at a point where the original corporate limits of said City of Thomaston intersects the north line of the Redskin Farm property owned by Julian T. Hightower, which beginning point is also described as being 585 feet southwesterly (measuring along the original corporate limits of said city) from the point where the original corporate limits of said city intersects the south side of West Main Street, and running thence along the north line of said Redskin Farm property north 76 deg. 15 min. west 394 feet to the east line of the property purchased by Mr. and Mrs. T. W. Dunaway from Mrs. Electra Barron Matthews: thence south 19 deg. 10 min. west along the east line of said Dunaway tract 195 feet to the southeast corner thereof; thence north 78 deg. 15 min. west along the south line of said Dunaway tract 200 feet to the southwest corner thereof; thence north 19 deg. 15 min. east along the west line of said Dunaway tract 998 feet to the south side of West Main Street; thence westerly along the south side of West Main Street a distance of 773 feet to the property of H. W. Ormand; thence south 59 deg. 12 min. west along the line of said Ormand property 305 feet; and thence south 30 deg. 12 min. west along the line of said Ormand property 952 feet to a point; thence south 78 deg. 15 min. east 815 feet to a point; thence due south 533 feet to the center of a road which runs through the Redskin Farm property; thence north 86 deg. east down said road 478 feet; thence south 21 deg. 50 min. east 505 feet to the original corporate limits of said City of Thomaston; and thence northeasterly curving along the original corporate limits of said city 1,005 feet to the point of beginning. Corporate limits. Page 2881 A complete survey or plat of said lands as made by N. S. Westbrook, Registered Civil Engineer, and dated June 1, 1946, is filed in the office of the city clerk of the City of Thomaston, Upson County, Georgia, as a part of Ordinance No. 315 of said City of Thomaston, and said complete survey or plat of said lands is referred to specially in this Act in aid of the description of said lands. B. All of a certain tract or parcel of land, lying south of, and also adjacent to, the original corporate limits of the City of Thomaston, in Upson County, Georgia, and more particularly described according to a plat thereof prepared in August 1947 by C. H. Faulkner, Registered Surveyor Number 498, as follows, to-wit: Beginning at the point where the original corporate limits of the City of Thomaston (which extend three-fourths of one mile in every direction from the center of the Upson County court house) intersects the west side of the right-of-way of the South Center Street branch of State Highway No. 3 and running thence along the west side of the right-of-way of said South Center Street branch of said State Highway No. 3, south 10 deg. 36 min. east 14.2 feet and south 4 deg. 15 min. east 635.6 feet to the point of intersection of said west side of the right-of-way of said South Center Street branch of State Highway No. 3 with the northeast side of the right-of-way of the South Church Street branch of said State Highway No. 3; and thence along the northeast or east side of the right-of-way of said South Church Street branch of State Highway No. 3 north 40 deg. 30 min. west 269 feet, north 35 deg. 10 min. west 192 feet, north 28 deg. 22 min. west 100 feet, north 22 deg. 56 min. west 134 feet and north 17 deg. 32 min. west 64 feet to the point where the northeast or east side of the right-of-way of said South Church Street branch of said State Highway No. 3 intersects the original corporate limits of said City of Thomaston; and thence along the original corporate limits of said city north 89 deg. 04 min. east 177.5 feet and north 86 deg. 27 min. east 177.5 feet to the point of beginning. A complete survey or plat of said lands as made by Page 2882 C. H. Faulkner, Registered Surveyor No. 498, and dated August, 1947, is filed in the office of the city clerk of the City of Thomaston, Upson County, Georgia, as part of Ordinance No. 329 of said City of Thomaston, and said complete survey or plat of said lands is referred to specially in this Act in aid of the description of said lands. C. All that certain tract of land containing 10.4 acres, lying southwest of, and adjacent to, the original corporate limits of the City of Thomaston, in Upson County, Georgia, and more particularly described according to plat thereof prepared by J. Burruss Smith, Registered Surveyor No. 306, and County Surveyor for Upson County, Georgia, dated May 17, 1947, as follows, to-wit: Beginning at the point of intersection of the west side of South Green Street with the original corporate limits of said City of Thomaston, and running thence south 32 deg. 45 min. west a distance of 537 feet to a point; thence north 57 deg. 15 min. west a distance of 150 feet; thence south 32 deg. 45 min. west a distance of 50 feet; thence south 57 deg. 15 min. east a distance of 150 feet; thence south 32 deg. 45 min. west a distance of 55 feet; thence south 39 deg. 36 min. west a distance of 100 feet; thence north 33 deg. 54 min. west a distance of 150 feet; thence north 33 deg. 28 min. east a distance of 54.5 feet; thence north 51 deg. 45 min. west a distance of 200 feet; thence north 32 deg. 45 min. east a distance of 36 feet; thence north 57 deg. 15 min. west a distance of 150 feet; thence north 32 deg. 45 min. east a distance of 400 feet; thence north 57 deg. 15 min. west a distance of 350 feet; and thence north 32 deg. 45 min. east a distance of 408 feet to the original corporate limits of said City of Thomaston, and thence in a southeasterly direction and curving along the original corporate limits of said City to the point of beginning. A complete survey or plat of said lands as made by J. Burruss Smith, Registered Surveyor No. 306, and dated May 17, 1947, is filed in the office of the city clerk of the City of Thomaston, Upson County, Georgia, as a part of Ordinance No. 330 of said City of Thomaston, and said complete survey or plat of said lands is referred to Page 2883 specially in this Act in aid of the description of said lands. D. All of a certain tract of land containing 3.8 acres lying southwest of and adjacent to the corporate limits of the City of Thomaston, in Upson County, Georgia, as herein extended (and lying immediately westerly and southwesterly of the 10.4 acre tract described in paragraph C. above, as fully shown by plat thereof recorded in plat record two at page 8 in clerk's office, Upson Superior Court) which 3.8 acre tract is more particularly described according to plat thereof prepared by J. Burruss Smith, County Surveyor and Registered Professional Surveyor No. 306 and J. H. Smith, Assistant County Surveyor, of Upson County, Georgia, as follows, to-wit: Beginning at a point on the corporate limits of said city, as extended herein in paragraph C. above, which beginning point is the north corner of the residence lot of Marion F. Trice and Mrs. Valda Mae Trice, and running thence along the corporate limit line of said city (as said corporate limit line exists by reason of the extension of the corporate limits as described in paragraph C. above), as follows: north 51 degrees 45 minutes west 200 feet, north 32 degrees 45 minutes east 36 feet, north 57 degrees 15 minutes west 150 feet, north 32 degrees 45 minutes east 400 feet, and north 57 degrees 15 minutes west 350 feet; thence leaving said corporate limit line as extended in paragraph C. above, and running thence south 33 degrees 28 minutes west 450 feet; and thence south 57 degrees 15 minutes east 705 feet to the point of beginning. A complete survey or plat of said lands as made by J. Burruss Smith and J. H. Smith, Registered Professional Surveyors Nos. 306 and 777, is filed in the office of the city clerk of the City of Thomaston, Upson County, as a part of Ordinance No. 344 of said City of Thomaston, and said complete survey or plat of said lands is referred to specially in this Act in aid of the description of said lands. E. All of a certain tract of land containing 36.20 Page 2884 acres in land lot No. 225 in the 10th land district of Upson County, Georgia, lying westerly and southwesterly of, and adjacent to, the present corporate limits of the City of Thomaston, Georgia, which 36.20 acre tract is more particularly described according to a plat prepared under date of November 11, 1952, by J. Burruss Smith, County Surveyor of Upson County, Georgia, and Registered Professional Surveyor No. 306, and J. H. Smith, Assistant County Surveyor of Upson County, Georgia, and Registered Professional Surveyor No. 777, as follows, to-wit: Beginning at a point on the southwest side of Cherokee Street, which point is the west corner of the 3.8 acre tract described herein in paragraph D. above, as fully shown by plat of said 3.8 acre tract recorded in plat record two at page 32 in clerk's office of Upson Superior Court, and running thence south 57 degs. 15 mins. east along the southwest side of said Cherokee Street a distance of 720.9 feet; thence south 33 degs. 53 mins. west 57.4 feet to an iron stake; thence south 49 degs. 20 mins. west 99.5 feet to an iron stake; thence south 1 deg. 14 mins. east 131.6 feet to an iron stake set on the north boundary of the right-of-way of State Highway No. 36; thence along the north boundary of said State Highway No. 36; south 69 deg. 00 mins. west 608.1 feet, south 69 degs. 15 mins. west 16.48 feet, south 71 degs. 03 mins. west 100.0 feet, south 74 degs. 08 mins. west 100.0 feet, and south 77 degs. 13 mins. west 74.7 feet to the original west line of said land lot No. 225; thence north 1 deg. 00 mins. west along the original west line of said land lot No. 225, a distance of 2735.7 feet; thence north 59 degs. 30 mins. east 199.9 feet to a point on the original corporate limits of said city (said original corporate limits at this point being the curve of a circle having a three-fourths mile radium from the center of the Upson County courthouse); thence southeasterly along the curve of said original corporate limits of said city (which original corporate limits at this course is the curve of a circle having a three-fourths mile radius from the center of the Upson County courthouse), a distance of 1380 feet, more or less, to the back line of block F of Avalon-in-the-Pines subdivision (a plat Page 2885 of which subdivision is recorded in plat record one at page 72 in clerk's office, Upson Superior Court); thence along the corporate limits of said city as herein extended in paragraphs C. and D. above, as follows: south 32 degs. 45 mins. west 401.8 feet, and south 33 degs. 28 mins. west 450.0 feet to the point of beginning. A complete survey or plat of said lands as made by J. Burruss Smith and J. H. Smith, Registered Professional Surveyors Nos. 306 and 777, and dated November 11, 1952, is filed in the office of the city clerk of the City of Thomaston, Upson County, Georgia, as a part of Ordinance No. 351 of said City of Thomaston, and said complete survey or plat of said lands is referred to specially in this Act in aid of the description of said lands. F. All that certain tract of land, containing 3.31 acres, lying south of and adjacent to the present corporate limits of the City of Thomaston, in Upson County, Georgia, more particularly described according to plat prepared by J. Burruss Smith, Registered Surveyor No. 306 and J. H. Smith, Registered Surveyor No. 777, dated October 22, 1951, as follows: Beginning at the point of intersection of the original corporate limits of the City of Thomaston, Georgia, with the east boundary line of Park Development subdivision (a plat of said subdivision being of record in plat record one, page 165, clerk's office, Superior Court, Upson County, Georgia) and running thence south along the east boundary line of said subdivision 354 feet to the southeast corner of said subdivision; thence south 88 deg. 53 min. west along the south side of said subdivision 451.7 feet to the east side of South Center Street (which is the southwest corner of said subdivision); thence continuing south 88 deg. 53 min. west across South Center Street 60 feet to the west side of said South Center Street; thence northerly along the west side of South Center Street 275 feet, more or less, to the point of intersection of the west side of South Center Street with the original corporate limits of the City of Thomaston, Georgia; thence easterly, across said South Center Street along the original corporate limits of said city 60 feet to the west side of said Park Development Page 2886 subdivision; and thence easterly and northeasterly along the original corporate limits of the said city 488 feet to the point of beginning. A complete survey or plat of said lands as made by J. Burruss Smith and J. H. Smith, Registered Professional Surveyors Nos. 306 and 777, and dated October 22, 1951, is filed in the office of the city clerk of the City of Thomaston, Upson County, Georgia, as a part of Ordinance No. 347 of said City of Thomaston, and said complete survey or plat of said lands is referred to specially in this Act in aid of the description of said lands. G. All that certain tract of land containing 6.317 acres lying south of and adjacent to the present corporate limits of the City of Thomaston, in Upson County, Georgia, being a portion of the subdivision of lands known as Southern Heights, (a plat of said subdivision being recorded in plat book 1, page 69, clerk's office, Upson Superior Court) more particularly described according to plat thereof prepared by J. Burruss Smith and J. H. Smith, Surveyors, dated August 13, 1953, as follows: Beginning at the point of intersection of the original corporate limits of said city with the west right of way line of the 80 ft. wide right of way of the South Church Street branch of State Highway No. 3, and running thence southeasterly along the southwest side of said 80 ft. wide right of way of said South Church Street branch of State Highway No. 3 the following courses and distances: south 17 degrees 17.2 minutes east 59.55 feet, south 19 degrees 54.6 minutes east 59.55 feet, south 22 degrees 31.9 minutes east 59.55 feet, south 27 degrees 46.6 minutes east 59.55 feet, south 30 degrees 23.9 minutes east 59.55 feet, south 33 degrees 1.2 minutes east 59.55 feet, and south 35 degrees 38.6 minutes east 59.55 feet to the north side of Madison Street; thence south 85 degrees 22 minutes west along the north side of Madison Street 686.04 feet to the southwest corner of lot No. 1 in block C of said Southern Heights subdivision; thence north 20 degrees 24.5 minutes west along the west or back line of said lot No. 1 a distance of 63.22 feet to the Page 2887 southwest corner of lot No. 2 in block C of said subdivision; thence north 22 degrees 40 minutes west along the west or back line of said lot No. 2 a distance of 110.23 feet to the southwest corner of lot No. 3 in block C of said subdivision; thence north 19 degrees 37.5 minutes west along the west or back line of said lot No. 3 a distance of 109.90 feet to the southwest corner of lot No. 4 in block C of said subdivision; thence north 16 degrees 08 minutes west along the west or back line of said lot No. 4 a distance of 110.22 feet to the south side of Wiley Street; thence north 75 degrees 25.5 minutes east along the south side of Wiley Street 180.09 feet to the west side of Barron Avenue; thence north 75 degrees 29 minutes east across Barron Avenue 39.74 feet to the east side of Barron Avenue (which is also the northwest corner of lot No. 6 in block A of said subdivision); thence north 75 degrees 22.5 minutes east along the north sides of lots Nos. 6 and 5 in said block A 225.83 feet to the original corporate limits of the City of Thomaston, Georgia; thence easterly along the line of the original corporate limits of said city the following courses and distances: south 88 degrees 16.3 minutes east 57.82 feet, south 89 degrees 6.5 minutes east 57.82 feet, and south 89 degrees 56.7 minutes east 57.82 feet to the point of beginning. A complete survey or plat of said lands as made by J. Burruss Smith and J. H. Smith, Registered Professional Surveyors Nos. 306 and 777, and dated August 13, 1953, is filed in the office of the city clerk of the City of Thomaston, Upson County, Georgia, as a part of Ordinance No. 354 of said City of Thomaston, and said complete survey or plat of said lands is referred to specially in this Act in aid of the description of said lands. H. All of a certain tract or parcel of land lying east of, and also adjacent to, the original corporate limits of the City of Thomaston, in Upson County, Georgia, and more particularly described according to a plat thereof prepared on April 1, 1955, by J. H. Smith as follows, to-wit: Beginning at a point 3,960 feet north 85 degrees 50.7 minutes east of the center of the three-quarter mile Page 2888 radius circle bounding the limits of the City of Thomaston, Georgia, then run in a northerly direction following the arc of the corporate limits of the City of Thomaston a distance of 408.80 feet to a point; run thence north 88 degrees 43.72 minutes east a distance of 1110.28 feet to a point; run thence south 6 degrees 41.5 minutes east a distance of 392 feet to a point; run thence south 87 degrees 38.5 minutes west a distance of 956.76 feet to a point; run thence south 89 degrees 27.5 minutes west a distance of 149.05 feet to a point of beginning. A complete survey or plat of said lands as made by J. H. Smith, Registered Professional Surveyor No. 777, and dated April 1, 1955, is filed in the office of the city clerk of the City of Thomaston, Upson County, Georgia, as a part of Ordinance No. 360 of said City of Thomaston, and said complete survey or plat of said lands is referred to specially in this Act in aid of the description of said lands. I. All of a certain tract of land lying south of and also adjacent to the original corporate limits of the City of Thomaston, in Upson County, Georgia, and more particularly described according to a plat thereof prepared on October 15, 1953, by J. H. Smith, as follows to-wit: Beginning at the point where the original corporate limits of said City of Thomaston intersects the west property line of Brookwood subdivision, and run thence in an easterly direction following the curve of the original corporate limits of said City of Thomaston, a distance of 1221.51 feet to a point where the original corporate limits of said City of Thomaston intersects the east property line of Brookwood subdivision; run thence south 10 degrees 54.1 minutes west a distance of 10.65 feet; run thence south 4 degrees 22.1 minutest west a distance of 55.81 feet; run thence south 82 degrees 44.1 minutes west a distance of 110.81 feet; run thence south 1 degree 11.1 minutes east a distance of 752.46 feet; run thence south 89 degrees 11.3 minutes west a distance of 1005.15 feet; run thence north 1 degree 00 minutes west a distance of 352.62 feet to the point of beginning. A complete survey or plat of said lands as made by J. H. Smith, Registered Professional Surveyor No. 777, and dated October 15, 1953, is filed in the office of the city clerk of the City of Thomaston, Upson County, Georgia, as a part of Ordinance No. 369 of said City of Thomaston, and said complete survey or plat of said lands is referred to specially in this Act in aid of the description of said lands. Page 2889 Section 2. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Copy of Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to amend the Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, so as to change and extend the corporate limits of said city; and for other purposes. This 15th day of January, 1958. /s/ Johnnie L. Caldwell Representative, Upson County /s/ Talmadge B. Echols Representative, Upson County /s/ L. A. Mallory, Jr. Senator, 25th District. Georgia, Upson County: Before me, the undersigned officer authorized to administer oaths, personally appeared Leon Smith, who on oath says that he is the duly authorized agent of Thomaston Publishing Company, the publisher of The Thomaston Times, a newspaper published in the City of Thomaston, Upson County, Georgia, being of general circulation and being the newspaper in which sheriff's Page 2890 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 (3) weeks as required by law, said dates of publication being January 17, 1958, January 24, 1958, and January 31, 1958. Thomaston Publishing Company By: /s/ Leon Smith Leon Smith Sworn to and subscribed before me, this 1st day of February, 1958. /s/ Dickson Adams. Dickson Adams Notary Public, Upson County, Georgia My commission expires March 22, 1958. (Seal). Approved March 21, 1958. INCREASED PENSION BENEFITS FOR POLICEMEN IN CITIES OF 150,000 OR MORE. No. 263 (House Bill No. 1070). 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 2891 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. That the Act approved March 13, 1957, (Ga. L. 1957 pp. 3244-3247) amending the Act described in the caption hereof be amended by striking section 2, relating to benefits for retired employees over seventy years of age, and by substituting in lieu thereof a new section 2 as follows: Section 2. Pension payments due all former officers and employees who have retired prior to April 1, 1955, and have been awarded a pension under the provisions of this Act, who have reached seventy years of age, or who shall hereafter reach seventy years of age, shall be recomputed 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 set out in this Act as amended. 1957 Act amended. Section 2. The Board of Trustees shall permit any officer or employee who is eligible for pension benefits or increased pension benefits under this Act as amended and who is not now making the required contributions for such benefits, to become a member of such pension fund and to participate in the increased benefits provided by this Act as amended provided such officer or employee shall pay into the pension funds of such city an amount which would be equal to the amounts which he would have been required to pay had he exercised his privileges upon becoming eligible for such benefits. These payments shall be increased by 4% per annum Page 2892 from the dates such payments would have been due and may be paid over a period of fifty months. The Board of Trustees shall by rules provide for the exercise of the options herein authorized. Required contributions to obtain benefits. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 21, 1958. ADDITIONAL COMPENSATION TO SHERIFFS OF CERTAIN COUNTIES. No. 265 (House Bill No. 978). An Act to supplement the salary of the sheriff 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. The sheriff of any county of this State of not less than 4,520 population and not more than 4,820 population, according to the United States Census of 1950 or any future Federal Census, shall receive a supplemental salary of $75.00 per month in addition to any fees or other compensation to which that officer may be entitled. Said sum shall be paid out of general county funds. Counties where applicable, amount. Section 2. The provisions of this Act shall become effective the first day of the month following the month in which it is approved by the Governor or otherwise becomes a law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1958. Page 2893 CITY OF ROCKMARTCHARTER AMENDED. No. 266 (House Bill No. 922). An Act to amend an Act, approved August 15, 1904, incorporating the City of Rockmart, Polk County, Georgia, as amended, so as to include within the corporate limits of the City of Rockmart certain additional territory annexed upon petition of the sole owners thereof; to provide the wards in which said annexed territory shall be placed; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that the charter of the City of Rockmart, in Polk County, Georgia, be amended to include within the corporate limits of the City of Rockmart additional lands annexed and described as follows: (A) Beginning at a concrete monument three hundred and twenty-seven and 2/10 feet west of the intersection of Mundy and Williamson Streets and located on the north line of Mundy Street; thence running north one degree thirty minutes west a distance of eleven hundred and sixty-four and 7/10 feet; thence north eighty-nine degrees fifteen minutes east seven hundred and ten feet; thence south along the land lot line to the intersection of the land lot line with a fence, thence in a southerly direction along said fence line to the land lot corner a distance of eleven hundred and sixty-three feet; thence south eighty-nine degrees four minutes west six hundred and ninety-nine and 2/10 feet to point of beginning; being known as Blair acres, a residential subdivision from the property of Q. M. Clemons, located in land lot 780, 21st district and third section of Polk County, Georgia, plat of same by J. P. Baskin Associates, dated January, 1955, on file in the office of the Clerk of the Superior Court of Polk County, Georgia, in Cedartown, Georgia. Corporate limits. (B) Also lots 6, 7, 8, 9, 10, 11, 12, and 13 in Bertie Brown subdivision together with the extension of Jackson Page 2894 Street eastward from Piedmont Avenue as follows: Beginning at the northeast intersection of Piedmont Avenue and a fifteen foot alley, which lies one hundred and fifty-two feet north of Jackson Street, and run thence easterly along the north line of said alley to the intersection of said north line with the present city limit line of the City of Rockmart, Georgia, which lies five hundred feet east of the west land lot line of land lot 862; thence run east along the north line of said alley to the northwest intersection of said alley with Kelley Street; thence run South one degree thirty minutes east across said public alley to the northeast corner of lot No. eight of the revision of the Bertie Brown property made by J. P. Baskin Associates of Rome, Georgia, and dated August, 1954, and recorded in the office of the Clerk of the Superior Court of Polk County, Georgia, in plat book C page 37, said property known as Q. M. Clemons property; run thence south one degree thirty minutes east along the east line of said lot No. eight to the southeast corner of said lot No. eight; thence run south one degree thirty minutes east across Jackson Street to the northeast corner of lot No. nine in said resurvey of Bertie Brown property; thence run south one degree thirty minutes east a distance of two hundred and twenty feet to a point which is on the north line of block No. eighty-two; thence run west along the north line of block No. eighty-two a distance of eleven feet six inches to a point; thence run south one degree thirty minutes east a distance of twenty feet to a point; thence run south eighty-eight degrees thirty minutes west a distance of two hundred and ninety-five feet to a point on the east line of Newcomb Street; thence run south eighty-eight degrees thirty minutes west to the intersection of the present line of the city limits of Rockmart; thence run north along the said city limits line of Rockmart to the north line of the fifteen foot alley which lies one hundred and fifty-two feet north of Jackson Street. Section 2. Be it further enacted that the properties herein annexed and made a part of the corporate limits of Rockmart, be and the same are hereby made parts of the following wards: Page 2895 Property described in paragraph one (a) and known as Blair Acres subdivision is made a part of ward one (1). Wards. Property described in paragraph one (b) and known as part of Bertie Brown subdivision is made a part of ward four (4). Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia, a bill to amend the charter of the City of Rockmart (Ga. L. 1904, p. 593 et seq) as heretofore amended so as to increase the corporate limits of said city, and for other purposes. This 14th day of January, 1958. City of Rockmart, Georgia By Marson Dunaway City Attorney. 14 Jan. 15-22-29. 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 publisher of the Cedartown Standard, which is the official organ of Polk County, Georgia, and that the attached advertisement Page 2896 of City of Rockmart, Georgia was published in said paper on January 15-22-29, 1958. /s/ J. W. Stuff Publisher Sworn to and subscribed before me this 30 day of January, 1958. /s/ Mrs. Herbert DeArman Notary Public My commission expires Feb. 6, 1961. (Seal). Approved March 21, 1958. CITY OF CLAXTONCHARTER AMENDED. No. 267 (House Bill No. 925). An Act to amend an Act creating and incorporating the City of Claxton, approved July 28, 1911 (Ga. L. 1911, p. 942 et seq), so that the dates and manner of returning city property for city taxation shall be the same as required for returning taxes in Evans County, Georgia. 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 an Act creating and incorporating the City of Claxton, approved July 28, 1911, be, and the same is hereby amended by striking section thirty-three (33) of said Act, which reads as follows: Section 33. Be it further enacted, That all persons owning or holding any property within the limits of said city on the first day of March in each and every year after the approval of this Act, shall return the same for taxation under oath at any time from the first day of Page 2897 April up to and including the first day in June in each year to the tax receiver of said city, and substituting in lieu thereof a new section entirely, numbered thirty-three (33), which shall read as follows: 83 of 1911 Act repealed. Sec. 33. Be it enacted by the authority aforesaid that all individuals, companies, corporations and other legal entities owning or holding any property within the corporate limits of the City of Claxton shall, after the passage of this Act, return said property for taxation, under oath, between the second day of January and the first day of April each year to the tax receiver of said city. The returns shall be made upon and for property held and subject to taxation on the first day of January next preceding. New 33, tax returns. 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 Local Legislation. Notice is hereby given that there will be introduced in the 1958 session of the General Assembly of Georgia a bill to amend the charter of the City of Claxton, so that the dates and manner of returning city property for city taxation will be the same as required for returning taxes in Evans County, Georgia. This the 7th day of January, 1958. W. L. Adams, Representative. Georgia, Evans County. Personally appeared before me, J. F. Eden, co-owner and co-publisher of The Claxton Enterprise, the newspaper in Evans County, Georgia, in which the sheriff's advertisements for said county are published, who, on oath, says that the above and foregoing notice of intention to introduce local legislation, was published once a Page 2898 week for three weeks in said newspaper as required by law, on January 9th, 23rd and 30th, 1958. /s/ J. F. Eden J. F. Eden, Co-Publisher. Sworn to and subscribed before me this 1st day of February, 1958. /s/ M. W. Perkins Notary Public, Georgia State at Large. My commission expires Sept. 7, 1958. (Seal). Approved March 21, 1958. CITY OF TOCCOACHARTER AMENDED. No. 268 (House Bill No. 1085). An Act to amend an Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), so as to enlarge, increase, redefine and establish the corporate limits of the City of Toccoa; 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 Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended is hereby amended by striking section 3 therefrom in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. Be it further enacted by the authority aforesaid, that the territorial corporate limits of the City of Toccoa, as amended, shall include all the properties within the boundary hereby delineated, defined and established, as follows: Beginning at an iron pin corner on the east boundary of State Highway No. 106, which Page 2899 is also known as Prather's Bridge Road, which iron pin is one mile northeast on a straight line from the central point in said City of Toccoa as defined in section 2 of said original Act; thence running in a southeastern direction on and along the arc of a circle with a one mile radius from said Central point in said city to an iron pin corner on said arc 1030 feet southeast from the eastern boundary of Prather's Bridge Road, said 1030 feet being measured along the arc of said circle; thence running south 79 degrees 20 minutes east 236 feet to an iron pin corner; thence north 56 degrees 0 minutes west 125 feet to an iron pin; thence north 19 degrees 30 minutes west 130 feet to an iron pin; thence north 31 degrees 0 minutes west 230 feet to an iron pin; thence north 55 degrees 30 minutes west 130 feet to an iron pin; thence north 28 degrees 45 minutes west 310 feet to an iron pin; thence north 56 degrees 02 minutes east 86.62 feet to an iron pin; thence north 06 degrees 24 minutes east 163.5 feet to an iron pin; thence north 23 degrees 59 minutes west 348 feet to an iron pin; thence north 13 degrees 0 minutes west 76.7 feet to an iron pin corner on the east side of Prather's Bridge Road; thence south 84 degrees 39 minutes east 965.22 feet to an iron pin; thence north 16 degrees 54 minutes east 440 feet to an iron pin; thence south 50 degrees 49 minutes 1750.89 feet to an iron pin; thence south 10 degrees 52 minutes east 144.27 feet to an iron pin; thence south 58 degrees 59 minutes west 253.95 feet to an iron pin; thence south 62 degrees 52 minutes west 195.86 feet to an iron pin; thence south 50 degrees 09 minutes west 203.59 feet to an iron pin; thence south 60 degrees 13 minutes west 299.12 feet to an iron pin; thence south 66 degrees 30 minutes west 206.76 feet to an iron pin; thence south 79 degrees 46 minutes east 214.11 feet to an iron pin; thence south 15 degrees 04 minutes east 286.25 feet to an iron pin; thence north 80 degrees 30 minutes west 51.85 feet to an iron pin; thence south 25 degrees 09 minutes west 296.4 feet; thence south 06 degrees 21 minutes west 57.7 feet; thence south 87 degrees 30 minutes east 291.8 feet; thence south 02 degrees 20 minutes west 194.3 feet to an iron pin; thence north 83 degrees 56 minutes west 165 feet to an iron pin; thence south 21 degrees 44 minutes east 137.45 feet to an iron pin; thence south 67 degrees 57 minutes west 247.35 feet to an iron pin; thence north 59 degrees 07 minutes west 26.8 feet to an iron pin; thence south 10 degrees 13 minutes west 144.7 feet to an iron pin; thence south 82 degrees 59 minutes west 121.7 feet to an iron pin; thence south 50 degrees 56 minutes west 53.34 feet; thence south 63 degrees 33 minutes west 51 feet to an iron pin; thence south 19 degrees 42 minutes east 161.2 feet to an iron pin; thence north 69 degrees 57 minutes east 215 feet to an iron pin on the northwest corner of Garland Road and Terrace Drive; thence south 20 degrees 57 minutes east 30 feet to the southwest corner of Garland Road and Terrace Drive; thence south 69 degrees 57 minutes west 271 feet to an iron pin; thence south 20 degrees 36 minutes east 280.6 feet to an iron pin on the north side of Tugalo Road; thence along the north side of Tugalo Road south 66 degrees 30 minutes west 100 feet to an iron pin; thence north 20 degrees 36 minutes west 281.2 feet to an iron pin on the south side of Terrace Drive; thence south 66 degrees 52 minutes west 22.7 feet to an iron pin on the arc of a circle, with a one mile radius from said central point of said city, said iron pin being on the south side of Terrace Drive; thence in a northerly direction on said arc of the circle to an iron pin where the arc of said circle and the north side of Terrace Drive intersect; thence north 66 degrees 53 minutes east 125.5 feet to an iron pin; thence north 19 degrees 53 minutes west 159.4 feet to an iron pin; thence south 63 degrees 33 minutes west 115 feet to an iron pin on the arc of a circle; with a one mile radius from said central point in said city; thence running in a southeasterly direction along the arc of said circle to an iron pin on the north side of Terrace Drive, said iron pin being located where the arc of said circle and the north side of Terrace Drive intersect; thence in a southeasterly direction along the arc of a circle with a one mile radius from said central point in said city to an iron pin where said arc intersects with the north side of Hayes Street; thence along the north side of Hayes Street south 78 degrees 42 minutes east 244 feet to an iron pipe; thence north 11 degrees 30 minutes east 266.1 feet to an iron pin; thence south 79 degrees 56 minutes east 199.4 feet; thence south 11 degrees 22 minutes west 295.8 feet to an iron pin on the south side of Hayes Street; thence north 78 degrees 22 minutes west 52 feet to an iron pin; thence south 04 degrees 38 minutes west 94.45 feet to an iron pin; thence south 81 degrees 12 minutes west 404.3 feet to an iron pin located on the arc of a circle with a one mole radius from said central point in said city; thence running in a southwesterly direction along the arc of said circle to an iron pin on said arc 122 feet from a point on the northeast side of Valley Drive, said 122 feet being measured along the arc of said circle; thence south 21 degrees 40 minutes east 756.5 feet to an iron pin; thence south 22 degrees 07 minutes east 100 feet to an iron pin; thence south 68 degrees 20 minutes west 261.4 feet to an iron pin; thence south 22 degrees 07 minutes east 161.1 feet to an iron pin; thence south 69 degrees 52 minutes west 864 feet to an iron pin; thence north 21 degrees 45 minutes west 972.91 feet to an iron pin; these north 68 degrees 27 minutes east 600 feet to an iron pin; thence north 21 degrees 34 minutes west 467.04 feet to an iron pin; thence north 21 degrees 51 minutes west 216.63 feet to an iron pin; thence north 22 degrees 03 minutes west 125.15 feet to an iron pin on the arc of a circle with a one mile radius from the central point in said city; thence running along the arc of said circle in a southwesterly direction to an iron pin 221 feet from the northeast side of the northeast entrance to Hickory Circle, said 221 feet being measured along the arc of said circle; thence south 73 degrees 05 minutes east 52.30 feet to an iron pin; thence south 47 degrees 22 minutes east 226. feet to an iron pin; thence south 18 degrees 04 minutes west 363.46 feet to an iron pin; thence south 69 degrees 31 minutes west 617 feet to an iron pin; thence north 47 degrees 05 minutes west 432.23 feet to an iron pin; thence north 58 degrees 40 minutes east 150 feet to an iron pin; thence north 46 degrees 30 minutes west 98.28 feet to an iron pin on the arc of a circle with a one mile radius from said central point in said city; thence running on and along the arc of said circle in a clockwise direction to the beginning point on the east side of State Highway No. 106, Prather's Bridge Road, all according to plat of survey of areas incorporated within the city limits of the City of Toccoa, by James H. Garrett, Jr., Georgia Registered Surveyor, dated December 18, 1957, and recorded in the office of the Clerk of the Superior Court of Stephens County, Georgia, in plat book 3, page which plat and record are by reference made a part hereof. At all times mentioned herein, the arc of the circle shall have a radius of one mile from the central point in said city, as defined in section 2 of said original Act. The streets, roads and highways referred to herein are all according to the present location and naming of said streets, roads and highways. Corporate limits. Page 2902 Section 2. This Act shall not amend or repeal the provisions of an Act, approved August 19, 1916 (Ga. L. 1916, p. 993). Intent. Section 3. All other 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 application will be made at the 1958 session of the General Assembly of Georgia for the passage of the following bill: An Act to Amend: An Act incorporating the City of Toccoa, approved December 20, 1897, (Ga. L. 1897, p. 341), so as to enlarge, increase, redefine and establish the corporate limits of the City of Toccoa, the description of said corporate limits of the City of Toccoa being on file with the clerk of the city; said enlarging, increasing, re-defining and establishing the corporate limits of the City of Toccoa shall not affect any property owner outside the City of Toccoa who has not heretofore requested same; to repeal conflicting laws; and for other purposes. Frank L. Gross, Representative Stephens County Personally before me, the undersigned officer authorized by the laws of the State of Georgia to administer Page 2903 oaths, appeared Frank L. Gross, who first being duly sworn deposes and says: That the attached and foregoing notice of local legislation was published in The Toccoa Record, the official organ for Stephens County, Georgia, and the newspaper in which the sheriff's advertisements for said county are published, once a week for three (3) weeks during a period of sixty (60) days immediately preceding the introduction of said bill in the General Assembly of Georgia by deponent, all as provided by law. This affidavit is made by deponent who is the author 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/ Frank L. Gross Frank L. Gross, Representative Stephens County, Georgia. Sworn to and subscribed before me this 11th day of February, 1958. /s/ Jack J. Helms Notary Public. Approved March 21, 1958. CITY OF AUGUSTACHARTER AMENDED. No. 269 (House Bill No. 1076). 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 the City of Augusta as now defined to include therein twenty-eight (28) acres of land, more or less, on the west side of the Savannah Road, Richmond County, Georgia, belonging to the Augusta Housing Authority; and for other purposes. Page 2904 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: All that tract or parcel of land, situate, lying and being in Richmond County, Georgia, beginning at a point five (5) feet east of a point on the western property line of the Savannah Road, one hundred fifty (150) feet south of the south line of Turpin Street (formerly 5th Avenue extended), the existing corporate limit line, and continuing thence in a southwesterly direction along the western side of Savannah Road three thousand eight hundred and forty-one (3,841) feet to a point; thence north fifty-six (56) degrees, twenty (20) minutes west, one hundred fifty-five and forty-six one hundredths (155.46) feet to a point; thence south thirty-eight (38) degrees, eighteen (18) minutes west, one hundred seventeen (117) feet to a point; thence north fifty-six (56) degrees, forty-six (46) minutes west, one thousand three hundred twenty-two and sixty-nine one-hundredths (1,322.69) feet to a point; thence north thirty-eight (38) degrees, eighteen (18) minutes east, two hundred sixty-seven and sixty-three one-hundredths (267.63) feet to a point; thence south fifty-five (55) degrees, twenty-one (21) minutes east, two hundred forty (240) feet to a point; thence north thirty-eight (38) degrees, eighteen (18) minutes east, four hundred eighty-three and seventy-three one-hundredths (483.73) feet to a point; thence south fifty-five (55) degrees, twenty-one (21) minutes east, two hundred seventy-nine and seven-tenths (279.7) feet to a point; thence north thirty-five (35) degrees, eight (8) minutes east, three hundred sixty (360) feet to a point; thence south thirty-one (31) degrees, fourteen (14) minutes east, three hundred ninety-seven and twelve one-hundredths Page 2905 (397.12) feet to a point; thence north seventy-seven (77) degrees, twenty-six (26) minutes east, one hundred twenty-four and nine one-hundredths (124.09) feet to a point; thence south fifty-five (55) degrees, nine (9) minutes east, three hundred twenty-two and one one-hundredths (322.01) feet to a point; thence south twenty-eight (28) degrees, twenty-six (26) minutes west, twelve (12) feet to a point; thence south fifty-five (55) degrees, thirty (30) minutes east, two hundred six (206) feet to a point; thence in a generally northeasterly direction along the western property line of the Savannah Road two thousand nine hundred sixty-four (2,964) feet to a point where the present corporate city limits intersects the western property line of the Savannah Road one hundred fifty (150) feet south of the south line of Turpin Street (formerly 5th Avenue extended), thence in a southeasterly direction along the present corporate city limit line five (5) feet to the point of beginning. Corporate limits. Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Section 3. That there is attached hereto, and by reference made a part of the Act, evidence that notice of intention to apply for local legislation has been given as required by law. Affidavit of Publication. Attorney or Agency E. D. Fulcher, City Attorney, BusinessThe City Council of Augusta. 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 notice of intention to apply for local legislation duly appeared in said newspaper on the following dates to-wit: Page 2906 December 20, 27, 1957; January 3, 1958. /s/ Marie LeRoy, Secretary. Title. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Katie Broadwater, Notary Public, Richmond County, Georgia. (Seal). My Commission Expires July 13, 1959. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January-February, 1958, session of the General Assembly of Georgia: 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 the City of Augusta as now defined to include therein twenty-eight (28) acres of land, more or less, on the west side of the Savannah Road; Richmond County, Georgia, belonging to the Augusta Housing Authority; and for other purposes. E. D. Fulcher, City Attorney, The City Council of Augusta. Dec. 20, 27 and Jan. 3. Approved March 21, 1958. Page 2907 CITY OF CORDELECHARTER AMENDED. No. 270 (House Bill No. 1079). An Act to amend an Act creating and establishing a new charter for the City of Cordele, approved August 15, 1922 (Ga. L. 1922, p. 680), as amended, so as to increase the city limits of said city; to provide the procedure in connection with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new charter for the City of Cordele, approved August 15, 1922 (Ga. L. 1922, p. 680) as amended, is amended by striking from section 2 thereof the words, Its corporate limits shall embrace and include all the territory contained in the boundaries of lots of land numbers two hundred and fifteen (215), two hundred and sixteen (216), two hundred and seventeen (217), two hundred and thirty-two (232), two hundred and thirty-three (233), two hundred and thirty-four (234), and the west halves of lots of land numbers two hundred and forty-seven (247), two hundred and forty-eight (248) and two hundred and forty-nine (249) in the tenth (10th) land district of originally Dooly, now Crisp County, Georgia,, and inserting in lieu thereof the words, Its corporate limits shall embrace and include all the territory shown as the city limits of said city on the Official Map of Cordele, Georgia, adopted December 26, 1956, and recorded in deed book 57, page 275, in the office of the Clerk of Crisp Superior Court; also lots 29 through 56 in block A, Bland subdivision to the City of Cordele, Crisp County, Georgia, according to plat of said subdivision made by Crook Lanneau, Civil Engineers, which plat is recorded in deed book 7, page 185, in the office of the Clerk of Crisp Superior Court; also the whole of city lots numbers eleven (11) through fifteen (15) inclusive in block four hundred and fifty-two (452), city lots numbers nine (9) through twelve (12), in block number four hundred and fifty-four (454), all as designated and Page 2908 shown on the Official Map of Survey of the City of Cordele, Crisp County, Georgia; also lots numbers twenty-two (22) and twenty-three (23), and the east 12 feet of lot number twenty-one (21) in block number four hundred and seventy-three (473) in Pinecrest subdivision as designated and shown by plat of survey made by Robert and Fuller recorded in deed book 38, page 15 in the office of the Clerk of Crisp Superior Court; also that certain tract of land having dimensions of 200 feet by 200 feet adjoining lands of the Crisp County Board of Education upon which lands a negro grammar school is located, said tract being designated and shown by plat of survey of William A. Pryor, Crisp County Surveyor, which said plat is recorded in deed book 59, page 20, in the office of the Clerk of Crisp Superior Court; also lands in Crisp County Board of Education, upon which lands a negro grammar school is located, said lands being designated and shown by plat of survey of H. H. Beckanstin, Architect, which said plat is recorded in deed book 59, page 25, in the office of the Clerk of Crisp Superior Court so that said section, as amended hereby, shall read as follows: Section 2. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That from and after January 1st, 1922, the City of Cordele, in the County of Crisp, is hereby incorporated. Its corporate limits shall embrace and include all the territory shown as the city limits of said city on the Official Map of Cordele, Georgia, adopted December 26, 1956, and recorded in deed book 57, page 275, in the office of the Clerk of Crisp Superior Court; also lots 29 through 56 in block A, Bland subdivision to the City of Cordele, Crisp County, Georgia, according to plat of said subdivision made by Crook Lanneau, Civil Engineers, which plat is recorded in deed book 7, page 185, in the office of the Clerk of Crisp Superior Court; also the whole of city lots numbers eleven (11) through fifteen (15) inclusive in block number four hundred and fifty-two (452), city lots numbers nine (9) through twelve (12), in block number four hundred and fifty-four (454), all as designated and shown on the Official Map of Survey Page 2909 of the City of Cordele, Crisp County, Georgia; also lots numbers twenty-two (22) and twenty-three (23) and the east 12 feet of lot number twenty-one (21) in block number four hundred and seventy-three (473) in Pinecrest subdivision as designated and shown by plat of survey made by Roberts Fuller recorded in deed book 38, page 15, in the office of the Clerk of Crisp Superior Court; also that certain tract of land having dimensions of 200 feet by 200 feet adjoining lands of the Crisp County Board of Education upon which lands a negro grammar school is located, said tract being designated and shown by plat of survey of William A. Pryor, Crisp County, Surveyor, which said plat is recorded in deed book 59, page 20, in the office of the Clerk of Crisp Superior Court; also lands of the Crisp County Board of Education upon which lands a negro grammar school is located, said lands being designated and shown by plat of survey of H. H. Beckanstin, Architect, which said plat is recorded in deed book 59, page 25, in the office of the Clerk of Superior Court. Corporate limits. Section 2. None of the lots or parts of lots mentioned in the additional territory proposes to be included in the new boundaries as hereinabove set forth, shall become a part of the territory of the City of Cordele, under this Act, until the party or parties owning such lots or parts of lots shall by written direction to the clerk of the City of Cordele stating affirmatively their agreement and consent to be included in the corporate limits of the City of Cordele, which agreement and direction shall be duly and regularly attested by a notary public duly authorized to attest papers conveying title to lands. Effective, when. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Crisp County. I, Jack C. Mathews, co-publisher of the Cordele Dispatch, a newspaper published in said County at Cordele, Georgia, in which the sheriff's advertisements for said County of Crisp are published, do certify that the attached notice of local legislation was published in the Page 2910 issues of said newspaper on January 10th, January 17th, and January 24th, in the year 1958. Signed, and certified this 27th day of January, 1958. /s/ Jack C. Mathews, Jack Mathews, co-publisher, Cordele Dispatch. Sworn to and subscribed before me, this 27th day of January, 1958. /s/ Whitfield R. Forrester, Notary Public, Crisp County, Georgia. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, session of the General Assembly of Georgia, a bill to amend the charter of the City of Cordele, so as to increase the city limits of said city, to repeal conflicting laws, and for other purposes. No additional lands will be brought into the city limits of the City of Cordele under this bill except those lands which the owners thereof have requested in writing be brought within the city limits of the City of Cordele. The City Commission of the City of Cordele has unanimously requested that this bill be introduced. This 9th day of January, 1958. City Commission, City of Cordele. Mixon Forrester, Attorneys, By. W. R. Forrester. Jan. 10, 17, 24. Approved March 21, 1958. Page 2911 JOHNSON COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 271 (House Bill No. 889). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Johnson, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended by an Act approved March 6, 1945 (Ga. L. 1945, p. 890) and an Act approved February 8, 1951 (Ga. L. 1951, p. 2317), so as to change the compensation of the chairman and the other members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Johnson, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended by an Act approved March 6, 1945 (Ga. L. 1945, p. 890) and an Act approved February 8, 1951 (Ga. L. 1951, p. 2317), is hereby amended by striking section 11 in its entirety and in lieu thereof inserting the following: Section 11. The chairman of said board shall receive a monthly salary of one hundred twenty-five ($125.00) dollars per month and the other members of said board shall receive a salary of one hundred ($100.00) dollars per month each. Such salary shall be paid monthly out of the general funds of the county. Shall it become necessary for any member of said board to transact business for the county outside the limits of said County of Johnson, then his or their actual expenses shall be paid out of the general funds of the county. Section 2. Compensation provided in 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 otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2912 To Whom it May Concern: This is to notify all parties at interest I shall introduce in the 1958 session of the Georgia legislature an act to amend the act creating the Board of Commissioners of Roads and Revenues for Johnson County. Said amendment to fix salaries for said commissioners and for other purposes. This 7th day of January, 1958. Emory L. Rowland, 1958, Johnson County. (J. 9-23c). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory L. Rowland, who, on oath, deposes and says that he is Representative from Johnson County, and that the attached copy of notice of intention to introduce local legislation was published in the Wrightsville Headlight which is the official organ of said county, on the following dates: January 9, 16 and 23, 1958. /s/ Emory L. Rowland, Representative, Johnson County. Sworn to and subscribed before me, this 29th day of January, 1958. /s/ G. Hughel Harrison, Notary Public, Georgia, State at Large. (Seal). My Commission Expires April 30, 1961. Approved March 21, 1958. Page 2913 MORGAN COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 272 (House Bill No. 826). An Act to amend an Act creating a board of commissioners of roads and revenues for Morgan County, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended by an Act approved February 6, 1952 (Ga. L. 1952, p. 2173), so as to change the compensation of the members of the board other than the chairman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Morgan County, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended by an Act approved February 6, 1952 (Ga. L. 1952, p. 2178), is hereby amended by striking from section 9, the words $7.50 per day for each day of actual attendance upon meetings of the board, and inserting in lieu thereof the words $30.00 per month, so that when so amended, section 9 shall read as follows: Section 9. The chairman of said board shall receive a salary of not less than $50.00 and not more than $125.00 per month, to be fixed by the board; each of the members of the board, other than the chairman, shall receive a compensation of $30.00 per month, and, in addition, mileage at the rate of 5 cents per mile for expenses in attending board meetings or otherwise attending to the duties of the office. All expense bills shall be approved by the board before payment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom it May Concern: This is to certify that the legal notice pertaining to the intention to introduce local legislation has been published Page 2914 in The Madisonian, Madison, Georgia, the official organ of Morgan County. This notice was published in the editions of January 9, 1958, January 16, 1958 and January 23, 1958. /s/ W. Graham Ponder, W. Graham Ponder, Publisher, The Madisonian, Madison, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to change the compensation of the members of the board of county commissioners of Morgan County; and for other purposes. Howard Tamplin, Representative, Morgan County. (HT 2-4c). Approved March 25, 1958. CITY OF MACONAUTHORITY TO CLOSE ALLEY. No. 273 (House Bill No. 969). An Act to close an alley known as Cemetery Lane in the City of Macon, the same being a twenty-two (22) foot alley in block six (6) of the northwest Commons of the City of Macon, lying between the original northwesterly line of College Street and the southwesterly line of Madison Street in the said city; and to authorize the said city to convey to congregation Beth Israel 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. The City of Macon, through its governing authority is hereby authorized and empowered to close, Page 2915 for street purposes, all that portion of the 22-foot alley, known as Cemetery Lane, in block 6 of the northwest Commons of the City of Macon, which runs in a northeasterly and southwesterly direction and which lies between the original northwesterly line of College Street and the southwesterly line of Madison Street in said city; and thereafter to convey to congregation Beth Israel the portion of said alley closed. 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. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Section 3. Notice of intention to apply for local legislation as required by Article III, Section VII, Paragraph 15, of the Constitution of 1945 is hereby attached and made a part thereof. 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: January 11, 1958; January 18, 1958; January 25, 1958, during a period of 60 days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of Bibb were and are published. /s/ Andrew McKenna. Page 2916 Sworn to and subscribed before me, this 4th day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. 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 1958 session of the General Assembly, which convenes in January, 1958; and the said City of Macon will apply for the passage of the following local legislation at said session: (1) An Act authorizing the City of Macon, through its governing authority, to close, for street purposes, all that portion of the 22-foot alley, known as Cemetery Lane, in block 6 of the northwest Commons of the City of Macon, which runs in a northeasterly and southwesterly direction and which lies between the original northwesterly line of College Street and the southwesterly line of Madison Street in said City; and thereafter to convey to congregation Beth Israel the portion of said alley closed. This notice is given pursuant to Paragraph XV of Article III of the Constitution of the State of Georgia of 1945, codified in Section 2-1915 of Title 2 of the 1933 Code of Georgia Annotated. This 10th day of January, 1958. C. Cloud Morgan, City Attorney. Approved March 21, 1958. Page 2917 HARALSON COUNTYOFFICES OF TAX RECEIVER AND TAX COLLECTOR CONSOLIDATED INTO OFFICE OF TAX COMMISSIONER. No. 274 (House Bill No. 1165). An Act to consolidate the offices of tax receiver and tax collector of Haralson County into the office of tax commissioner of Haralson County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi. fas.; to provide for compensation; to provide for personnel; to provide an effective date; to repeal an Act re-establishing the offices of tax receiver and tax collector of Haralson County, approved February 22, 1943 (Ga. L. 1943, p. 1055); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Haralson County are hereby consolidated and combined into the one office of tax commissioner of Haralson County. The rights, duties and liabilities of said office of tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Offices consolidated. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election for other county officers of Haralson County is held in 1960, and the person so elected shall take office on January 1, 1961, for a term of four years and until his successor is elected and qualified. All future elections for tax commissioner shall likewise be held at the same time as elections for other county officers, and all future tax commissioners shall likewise have a term of office of four years and until their successors are elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver Page 2918 of Haralson County and the terms of such tax collector and tax receiver shall continue through December 31, 1960. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled as vacancies are filled in the office of tax collector. Effective date. Section 3. All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas., theretofore issued shall have full force and effect and be collectible as issued. Section 4. The tax commissioner shall be compensated in the amount of $5,400.00 per annum, to be paid in equal monthly installments from the funds of Haralson County. He shall likewise receive the commission provided in annotated Code section 92-5304 and shall also receive the fees allowed by general law for the sale of motor vehicle license tags. All other fees, commissions, costs and all other perquisites collected by the tax commissioner shall be the property of Haralson County, and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the sources from which such fees, commissions, costs or other perquisites were collected. The tax commissioner shall appoint such deputies as he deems advisable and shall employ such clerical help as he deems advisable, but the compensation of any such deputies or clerical help shall be paid by the tax commissioner himself. Salary. Section 5. The tax commissioner, before entering upon the duties of his office, shall take the oath prescribed for the tax collector and shall give bond as provided for the tax collector. Oath, bond. Section 6. An Act re-establishing the offices of tax receiver and tax collector of Haralson County, approved February 22, 1943 (Ga. L. 1943, p. 1055) is hereby repealed in its entirety. 1943 Act repealed. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2919 Notice of Local Legislation. Notice is hereby given that an act will be introduced at the 1958 session of the General Assembly of Georgia to consolidate the offices of tax collector and tax receiver of Haralson County, Georgia, into the one office of tax commissioner of Haralson County Georgia; to provide the term of office; to prescribe the duties; to provide for compensation; to provide for clerical assistance; to provide for certain procedure connected with the office of tax commissioner; to provide for the election of the tax commissioner; to provide for an effective date of this act; to repeal conflicting laws; and for other purposes. Harold L. Murphy, Representative, Haralson County. Grover L. Newman, Senator, 38th Senatorial District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold L. Murphy, who, on oath, deposes and says that he is Representative from Haralson County, and that the attached copy of notice of intention to introduce local legislation was published in the Haralson County Tribune which is the official organ of said county, on the following dates: January 30, February 6 and February 13, 1958. /s/ Harold L. Murphy, Representative, Haralson County. Sworn to and subscribed before me, this 14th day of February, 1958. /s/ Frank H. Edwards, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 14, 1959. Approved March 21, 1958. Page 2920 HENRY COUNTYCOMPENSATION OF MEMBERS OF BOARD OF EDUCATION. No. 275 (House Bill No. 914). An Act to fix the compensation of the members of the Board of Education of Henry County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of each member of the Board of Education of Henry County shall be $40.00 per month, payable monthly out of the funds of the county. Section 2. This Act shall become effective upon the ratification of a constitutional amendment authorizing the compensation of the members of the Board of Education of Henry County to be fixed by the General Assembly. Effective date. 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, 1958 session of the General Assembly of Georgia, a bill to fix the compensation of the members of the Board of Education of Henry County; and for other purposes. This the 14th day of January, 1958. S. Thomas Ellis, Representative, Henry County. Edward E. McGarity, Senator, 35th District. 1-30-3t Page 2921 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. Thomas Ellis, who, on oath, depoess and says that he is Representative from Henry County, and that the attached copy of notice of intention to introduce local legislation was published in the The Weekly Advertiser, which is the official organ of said county, on the following dates: January 16, January 23 and January 30, 1958. /s/ S. Thomas Ellis, Representative, Henry County. Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ G. Hughel Harrison, Notary Public, Georgia, State at Large. (Seal). My Commission Expires April 30, 1961. Approved March 21, 1958. CITY OF MONTICELLOCHARTER AMENDED. No. 276 (House Bill No. 1026). An Act to amend an Act incorporating the City of Monticello, approved December 18, 1901 (Ga. L. 1901, p. 565), as amended, particularly by an Act approved August 9, 1929 (Ga. L. 1929, p. 1210), so as to increase the corporate limits of said city; to provide for the submission of this amendment to the voters of the affected area and the City of Monticello, and the procedure in connection 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 Monticello, approved December 18, 1901 (Ga. L. 1901, p. 565), Page 2922 as amended, particularly by an Act approved August 9, 1929 (Ga. L. 1929, p. 1210), is hereby amended by striking from section 1 the words, three-fourths (3/4) of one mile in every direction from the center of the courthouse, and inserting in lieu thereof the words, one (1) mile in every direction from the center of the Confederate Monument in the center of the courthouse square, so that section 1, as so amended, shall read: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the inhabitants of the territory embraced within the limits of one (1) mile in every direction from the center of the Confederate Monument in the center of the courthouse square as it is at present located in Monticello, in the County of Jasper, be incorporated under the name and style of the City of Monticello, and said City of Monticello is hereby incorporated, and by that name and style shall have perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any court of law or equity in this State; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain, for corporate purposes, any estate or estates, real or personal, of whatever kind or nature, within or without the jurisdictional limits of the City of Monticello, and may sell or otherwise dispose of the same for the use and benefit of said city, as to the city council may seem fit and proper, except electric, water, or other municipally owned public utility plants or properties which may only be sold as provided in the Acts of 1925, pages 177-8; the mayor of said city, by direction of the city council, making deed to any property sold or disposed of by said city. Corporate limits. Section 2. Not later than May 15, 1958, it shall be the duty of the Ordinary of Jasper County as to the area in Jasper County outside the existing corporate limits of the City of Monticello proposed to be annexed, and it shall be the duty of the mayor of the City of Monticello as to the City of Monticello, to issue the call for an election for the purpose of submitting this Act to the voters of the Page 2923 area of Jasper County outside the existing corporate limits of the City of Monticello proposed to be annexed and to the voters of the City of Monticello for approval or rejection in both areas. To be eligible to vote in the election, a person must be a resident in the area proposed to be annexed and qualified to vote for county officers, or a resident of the City of Monticello and qualified to vote in city elections for mayor and other city officials. 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 Jasper County and the official Gazette of the City of Monticello, respectively. The date of such election shall be June 3, 1958. The ballot shall have printed thereon the words: Referendum. For approval of the Act extending the corporate limits of the City of Monticello. Against approval of the Act extending the corporate limits of the City of Monticello. All persons deciding 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 Monticello and in the area of Jasper County outside the existing corporate limits of the City of Monticello 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 Monticello or in the area of Jasper County outside the corporate limits of the City of Monticello proposed to be annexed are for approval of the Act, then it shall be void and of no force and effect. The entire expense of such election in the City of Monticello and in the area of Jasper County outside the existing corporate limits of the City of Monticello proposed to be annexed, including the expense of any survey that may be necessary to determine the limits of the area proposed to be annexed, shall be borne by the City of Monticello. It shall be the duty of the ordinary to keep an accurate account of all expenditures Page 2924 toward the holding of such election in the area of Jasper County outside the existing corporate limits of the City of Monticello proposed to be annexed and present such account to the mayor of Monticello for payment immediately following the election. 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 in his area and announce the result to the mayor. It shall be the duty of the mayor to canvass the returns in his area and to certify the results of the election in both areas to the Secretary of State. If this Act shall be approved by the voters of both the City of Monticello and the area proposed to be annexed to said city as provided in this section, then this Act shall become of full force and effect, and the area proposed to be annexed to the City of Monticello shall become part of said City as of January 1, 1959. Effective date. 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 1958 session of the General Assembly of Georgia, a bill to increase the corporate limits of the City of Monticello; to provide a referendum for submitting the proposed increase to the voters of the affected area; and for other purposes. This 20th day of January, 1958. William Hicks Key, Representative, Jasper County. Roy R. Kelly, Senator, 28th District. (46-3c). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Page 2925 Hicks Key, who, on oath, deposes and says that he is Representative from Jasper County, and that the attached copy of notice of intention to introduce local legislation was published in the Monticello News which is the official organ of said county, on the following dates: January 16, 23, and 30, 1958. /s/ W. H. Key, Representative, Jasper County. Sworn to and subscribed before me, this 6th day of February, 1958. /s/ John Tye Ferguson, Notary Public. (Seal). My Commission Expires October 10, 1961. Approved March 21, 1958. ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES AMENDED. No. 277 (House Bill No. 1029). An Act to amend an Act creating 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, approved March 7, 1957 (Ga. L. 1957, p. 2635), so as to change the provision as to costs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in each county 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, approved Page 2926 March 7, 1957 (Ga. L. 1957, p. 2635) is hereby amended by striking section 8 in its entirety and in lieu thereof inserting the following: Where applicable. 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, and the deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay accrued cost, 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 cost, 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 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 21, 1958. CITY COURT OF ALBANYJUDGE'S SALARY. No. 281 (House Bill No. 985). 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 March 13, 1957 (Ga. L. 1957, p. 3326), so as to change the compensation of the judge 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 Albany in and for the County of Dougherty, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, particularly by an Act approved March 13, 1957 (Ga. L. Page 2927 1957, p. 3326), is hereby amended so that the Judge of the City Court of Albany shall receive a salary of $9,500.00 per annum for his services, to be paid in equal monthly installments from the funds of Dougherty County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that application will be made at the 1958 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 three hundred dollars per year so as to correct an error made in drafting House Bill No. 609 at the 1957 session. This 9th day of January, 1958. George D. Busbee, A. W. Holloway, Representatives, Dougherty County. Asa D. Kelley, Jr., Senator, Dougherty County. January 17, 24, 31, 1958. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee and A. W. Holloway, who, on oath, depose and say that they are the Representatives from Dougherty County, and that the attached copy of notice of intention to introduce local legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: January 17, 24, 31, 1958. /s/ A. W. Holloway, /s/ George D. Busbee, Representatives, Dougherty County. Page 2928 Sworn to and subscribed before me, this 5th day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 21, 1958. LUMPKIN COUNTYTAX COMMISSIONER'S SALARY. No. 282 (House Bill No. 893). An Act to amend an Act consolidating the office of tax receiver and tax collector of Lumpkin County into the office of tax commissioner of said county, approved August 24, 1931 (Ga. L. 1931, p. 523), as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 2741), so as to change the compensation of the tax commissioner; 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 consolidating the office of tax receiver and tax collector of Lumpkin County into the office of tax commissioner of said county, approved August 24, 1931 (Ga. L. 1931, p. 523), as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 2741), is hereby amended by striking from section 6 the figure $2,600.00 and inserting in lieu thereof the figure $3,000.00, so that section 6 as so amended shall read: Section 6. Be it further enacted by the authority aforesaid that the compensation of the county tax commissioner of Lumpkin County, Georgia shall be $3,000.00 Page 2929 per annum to be paid in equal monthly installments by the fiscal authority of Lumpkin County. This compensation shall be in lieu of all fees, commissions or any other compensation heretofore received by said tax commissioner. Section 2. The change in compensation provided herein shall be effective as of the first day of January, 1959. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Lumpkin County. Personally appeared before me the undersigned, Fred C. Jones, Jr., Lumpkin County, Georgia, State Representative from said county who swears under oath that the attached copy hereto was duly advertised in the Dahlonega Nugget, the local paper in which the legal advertisements of said county are published. The said advertisement is according to Georgia Law and has run for four consecutive weeks, December 26, 1957, January 3, 10, and 17, 1958, in said paper. /s/ Fred C. Jones. Jr., Fred C. Jones, Jr., Representative, Lumpkin County. Sworn and subscribed before me, this 28th day of January, 1958. /s/ Chappelle Matthews, Notary Public. My Commission Expires January 15, 1958. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1958 session of the General Assembly, a bill creating Page 2930 the office of tax commissioner of Lumpkin County, to amend said act and for other purposes. Fred C. Jones, Jr., Representative, Lumpkin County. Approved March 21, 1958. CITY OF TIFTONCHARTER AMENDED. No. 283 (House Bill No. 1112). An Act to amend the charter of the City of Tifton, approved August 14, 1920, and all Acts amendatory thereof; to provide a term of office of city commissioner of five (5) years; to provide for the election of one commissioner each year; to provide that vacancies on the city commission be filled by elections; to provide for a referendum to determine whether this Act shall go into effect; to provide for a repeal of all laws in conflict with 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. By striking therefrom, and repealing in their entirety, section 4 and section 11 thereof, and in lieu thereof a new section 4 and a new section 11 are hereby enacted to read as follows: Section 4. Be it further enacted that future commissioners from the wards, and from the city-at-large, be elected as follows: Ward No. 1 The commissioner from Ward No. 1 will be elected at the regular election on the first Wednesday in December, 1959, for a term of three years replacing the commissioner from this ward whose term expires December 31, 1959, and succeeding commissioners shall be thereafter elected from this ward each fifth year thereafter on the first Wednesday in December for a regular term of five years. Ward No. 2. The Page 2931 commissioner from Ward No. 2 will be elected at the regular election on the first Wednesday in December, 1959, for a term of five years replacing the commissioner from this ward whose term expires December 31, 1959, and succeeding commissioners shall be thereafter elected from this ward each fifth year thereafter on the first Wednesday in December for a regular term of five years. Ward No. 3. The commissioner from Ward No. 3 will be elected at the regular election on the first Wednesday in December, 1958, for a term of five years replacing the commissioner from this ward whose term expires December 31, 1958, and succeeding commissioners shall be thereafter elected from this ward each fifth year thereafter on the first Wednesday in December for a regular term of five years. Ward No. 4. The commissioner from Ward No. 4 will be elected at the regular election on the first Wednesday in December, 1958, for a term of three years replacing the commissioner from this ward whose term expires December 31, 1958, and succeeding commissioners shall be thereafter elected from this ward each fifth year thereafter on the first Wednesday in December for a regular term of five years. Commissioner from city-at-large. The commissioner from the city-at-large will be elected at the regular election on the first Wednesday in December, 1960, for a term of five years replacing the commissioner whose term expires December 31, 1960, and succeeding commissioners shall be thereafter elected from the city-at-large each fifth year thereafter on the first Wednesday in December for a regular term of five years. City commissioners. The present city commissioners are to remain in office until the normal expiration of their respective terms at which time they, and each of them, will either be replaced by a new commissioner or will succeed themselves for the terms specified above. The elections herein provided for shall be under the management and control of a justice of the peace and two freeholders, residents of said city, or three freeholders, residents of said city, which said justice of the peace and freeholders shall be appointed by the commission. The managers of said election shall appoint two clerks and shall, together with said clerks, receive such compensation as may be fixed by said commission. Said elections, together with all other elections held in said city for any purpose, 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, and in so far as said rules and regulations are applicable and are not in conflict with this Act. Page 2932 Section 11. Be it further enacted, that should a vacancy occur on the commission by reason of death, resignation, disqualification, or otherwise, the said vacancy shall be filled by the calling of a special election to be held under the same rules and regulations as are set forth for elections in section 4 of the charter of the City of Tifton, said election to fill the unexpired term of the vacated office on said commission being called within thirty (30) days from the date said vacancy occurs, the commissioner being elected from the ward where the vacancy occurs, or from the city-at-large if such vacancy occurs in the office of the commissioner from the city-at-large. Vacancies. Section 2. Not less than thirty (30) nor more than sixty (60) 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 Tift County to issue a call for an election for the purpose of submitting this Act to the qualified voters of the City of Tifton. The date of the election shall be set and held not less than twenty (20) nor more than thirty (30) days from the date of the issuance of such call. The date and purpose of this election shall be published once a week for two weeks immediately preceding the date thereof in the official organ for legal advertisements of Tift County. The ballot shall have printed thereon the words: For approval of Act providing a term of five years for City Commissioners and for filling vacancies on City Commission by elections, and Against approval of Act providing a term of five years for City Commissioners and for filling vacancies on City Commission by elections. Referendum. Page 2933 The ordinary shall conduct and hold said referendum election at the Tift County courthouse in the City of Tifton, and shall maintain on file in the office of the ordinary for public inspection for a period of twenty (20) days prior to the date of the election a copy of this Act. The ordinary shall appoint three free-holders of the City of Tifton as managers to supervise and conduct said election, and shall employ such other personnel as shall be required. The managers shall be sworn by the ordinary or any notary public to faithfully manage said election. The entire cost of holding said election shall be borne by the City of Tifton. Voters favoring a five year term for city commissioners and the filling of vacancies on the commission by elections shall mark out and cancel the words, Against approval of Act providing a term of five years for City Commissioners and for filling vacancies on City Commission by elections. Voters opposing a five year term for City Commissioners and the filling of vacancies on the City Commission by election shall mark out and cancel the words, For approval of Act providing a term of five years for City Commissioners and for filling vacancies on City Commission by elections. It shall be the duty of the ordinary to canvass the returns of said election and certify the results to the Secretary of State and to the City of Tifton. If a majority of the voters voting in said election shall vote For approval of Act providing a term of five years for City Commissioners and for filling vacancies on City Commission by elections, the ordinary shall so certify and this Act shall become effective immediately upon such certification to the Secretary of State as above provided. If a majority of the voters voting in said election shall vote Against approval of Act providing a term of five years for City Commissioners and for filling vacancies on City Commission by elections, the ordinary shall so certify to the Secretary of State as above provided and this Act shall not become effective. Section 3. Be it further enacted by the authority Page 2934 aforesaid and it is hereby enacted by authority of the same, that should any part of this Act be construed by any court as unenforceable for any reason, the remainder of said Act shall remain in full force and effect. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Tifton intends to apply at the January, 1958, session of the General Assembly of Georgia for the passage of a bill to amend the charter of the City of Tifton in order to lengthen the term of office of each commissioner to five (5) years; to provide for the election of one (1) commissioner each year; to provide that vacancies on the commission be filled by elections, and for other purposes. This 22nd day of January, 1958. /s/ James B. Echols, Chairman, /s/ Joseph Kent, Sr., /s/ Piercel B. Blitch, /s/ W. R. Bailey, /s/ A. A. Jones, City Commissioners of the City of Tifton, Georgia. Wkly: Jan. 23, 30; Feb. 6. Georgia, Tift County. Personally appeared before the undersigned attesting officer, Homer M. Rankin, who, on oath, deposes and says that he is the editor of the Tifton Gazette, and that the above and foregoing notice of intention to apply for local legislation was published in the Tifton Gazette, the official organ of Tift County, in the issues on January 23, Page 2935 30; February 6, 1958. /s/ Homer M. Rankin, Homer M. Rankin. Sworn to and subscribed before me, this 8th day of February, 1958. /s/ Seymour S. Owens, Notary Public, Georgia, State at Large. (Seal). My Commission Expires May 29, 1961. Approved March 21, 1958. CITY OF GLENWOODNEW CHARTER. No. 284 (House Bill No. 1048). An Act to consolidate and supersede certain Acts pertaining to the City of Glenwood, and to create a new charter for the City of Glenwood, in the County of Wheeler, 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 city; to provide for mayor and council; to prescribe the powers, duties, and qualifications of election thereof; to provide 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 city, 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 city 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 city, 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 city; 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 city 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 city, 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; to expressly repeal certain Acts; to repeal conflicting laws; and for other purposes. Page 2936 Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, the City of Glenwood, in Wheeler County (formerly Montgomery County), Georgia, heretofore made a body politic and corporate by an Act of the General Assembly of Georgia approved August 11, 1908 (Ga. L. 1908, p. 711, as amended), what then was as the Town of Glenwood, later changed to the City of Glenwood, shall continue a body politic and corporate, under and known by the corporate name of the City of Glenwood. On its corporate name it may sue and be sued, have and use a corporate seal, but, 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, Page 2937 maintain, and preserve a proper and legal government of said City of Glenwood and shall succeed to all rights and liabilities of the present corporation of the City of Glenwood. Incorporated. Section 2. The corporate limits of said city shall be as follows: From the northwest corner of the Seaboard Air Line depot platform, the present site extending three-quarters of a mile in every direction from the same. This territory includes the present corporate limits of the City of Glenwood, as incorporated by the superior court. Corporate limits. Section 3. The government of said city shall be vested in a city council composed of a mayor and five councilmen. The present incumbents as mayor and councilmen shall continue in office as the mayor and councilmen of the City of Glenwood under the provisions of this charter until an election shall be held and their successors are qualified. An election shall be held at the council chamber, or such other place in said city as the mayor of said city shall direct and designate, on the second Saturday in December, 1958, and on the second Saturday in December in each year thereafter, for the mayor and five councilmen, who shall hold office for one year, beginning January 1st, next after the election of each year, or until their successors are elected and qualified; and should there fail to be an election held in said city at the time above specified from any cause whatever, the mayor of said city shall order an election held in said city by posting a notice in three public places and advertising said notice in any public gazette having circulation in said city; said notice shall be posted ten days before said election. The polls at all elections under this charter shall not open before ten o'clock a.m., and shall be closed at four o'clock p.m. The qualifications of voters at such elections shall be such as are required for electors for the General Assembly, and in addition thereto, residence within the corporate limits of said city for six months next preceding the election. City Council, elections. Section 4. The mayor and councilmen who were Page 2938 elected in the election held on the second Saturday in December, 1958, and at the same time each year thereafter shall hold their offices for one year, beginning on January 1st next after the election of each year, or until their successors are elected and qualified. Same, 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. All citizens qualified to vote for members of the General Assembly of Georgia, and shall have resided six months within the jurisdiction limits of said city, and not other person shall be qualified to register and vote at any election herein provided for. Voters. Section 6. A system of registration of voters is hereby established for said city, and no person shall be allowed to vote in any election of any kind held in said city 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. The clerk of council shall receive all registrations of voters for said city 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 registrations of all qualified voters of said town, except during the 30 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 City of Glenwood, 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 city. The clerk shall procure blanks containing the oaths to be subscribed by persons entitled to register in said city, which shall be as follows: Page 2939 I do swear, or affirm, that I am a citizen of the Uinted States: that I am eighteen years of age, or more, or will be on theday of19; 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 City of Glenwood, 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 City of Glenwood continuously for at least six months immediately preceding the date of this oath; and my age is; my occupation is. Same, oath 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 city marshal, shall be allowed to register until he produces evidence of his residence in said city, and his right to register. Section 8. At the first regular meeting of the mayor and council held in April, 1958, and annually thereafter, the mayor and council shall elect by ballot three registrars for said city. Said registrars shall be qualified voters of said city. In the event of death or resignation of any registrar his unexpired term shall be filled by the mayor and his council. Said registrars before entering upon their duties shall take and subscribe the following oath: Registrars. 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 day of any election for any purpose, held in and for the said City of Glenwood, 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. Page 2940 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 city, or if not in the city, then 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 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 kept by him 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. Section 9. Any person who shall register illegally under this Act or be guilty of a violation of any of the Page 2941 provisions of Section 34-9901 of the Code of Georgia in registering under this Act, shall be guilty of a misdemeanor. Illegally registering. Section 10. The mayor and council of said city shall have power and authority to fix by ordinance or resolution the compensation of registrars and to pay the same. Registrars compensation. Section 11. Five days prior to any election, the mayor and council shall name as election managers three qualified voters of said City of Glenwood; but no person who is a candidate for any office in the City of Glenwood, or who is at the time of said election an office holder of said city, shall act as manager or clerk thereof. The election managers, when organized, ready for receiving votes, at any election held in said city, 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 city 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 city records. The polls for the holding of all elections in and for the said City of Glenwood shall be open at 10:00 o'clock a.m. and remain open until 4:00 o'clock p.m. by the time in common use in the City of Glenwood. The managers of the election shall certify the results theerof 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. Page 2942 Section 12. Any elective officer of the town shall 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 shal 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. Each signer of 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 2943 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 city, 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 city. 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 persons). 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 Page 2944 within six (6) months after an election for such officer's recall. In case the governing authority of the city shall fail or refuse to receive the recall petition, order such recall election or discharge any other duties with reference to such recall, then the ordinary of Wheeler County, Georgia, shall discharge any of such duties herein provided to be discharged by the governing authority of said city, 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 city 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 city, 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. In all elections for mayor and councilmen Page 2945 of said city, 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 the equal number of votes shall be eligible to become a candidate. Elections. Section 14. At its first regular meeting after qualification, or as soon thereafter as practicable the mayor and council of the City of Glenwood shall elect a clerk or 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 City of Glenwood, 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 city. He shall be the clerical officer of the council and shall be the keeper of the seal of said city; he shall also be ex-officio clerk of the police court of said city; and attend its sessions; he shall be ex-officio tax collector and tax receiver of said city; he shall be ex-officio clerk of the board of tax assessors, and the board of health of said city, and he shall be ex-officio clerk or secretary of any other board of said city, created under the provisions of this Act, or that may be created and established under the laws and ordinances of the City of Glenwood. 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 city, shall be such as prescribed in this Act and as shall be prescribed under and by the laws and ordinances of said city and by the mayor and council. The compensation of said clerk shall be fixed by the mayor and council. Clerk. Page 2946 Section 15. At the first meeting after qualification, and as soon thereafter as practicable, the mayor and council of the City of Glenwood shall have the right and power to elect the city 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 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 city. It shall be the duty of the city 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 city; 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 city; and to perform any and all further duties as city 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. City treasurer. Section 16. The mayor and council shall have the power and authority to elect a city 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. City attorney. Section 17. The mayor and council shall have authority to elect a city sexton to have the superintendent of and the care of the city cemetery; his duties shall be such as prescribed by the mayor and council and by Page 2947 the laws and ordinances of the city. He shall receive for each interment such compensation as may be prescribed by the ordinances of said city and by the mayor and council. City sexton. Section 18. The mayor and council shall have authority to elect a town physician, whose duties shall be such as required by the ordinance of the said city, and by the direction of the mayor and council, and whose compensation shall be fixed by the laws and ordinances of the city and by the mayor and council. Town physician. Section 19. The said mayor and council shall have the power and authority to establish and put in operation a bond commission of said city. The duties, powers and compensation of said commission shall be as fixed and prescribed by the ordinances and laws of said city. 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 20. 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 city; 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 said city, but shall not be in excess of legal fees as set out by the Code of Georgia 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 city in such amount as may be Page 2948 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 city. Said officers shall perform 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 city 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. Section 21. The mayor and council of said city shall be empowered to employ such additional police or detective force as a good government of said city may require. The compensation and duties of said force shall be fixed and determined by said mayor and council. Police. Section 22. The mayor and council shall constitute the legislative and governing body of said City of Glenwood, and shall enact all ordinances and resolutions, and adopt all regulations with all the power and authority herein granted by this charter. Council. Section 23. The City of Glenwood 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 city 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. Ordinances. Section 24. The mayor of the city shall be the presiding Page 2949 officer of the council, and cast the deciding vote in case of a tie. He shall appoint a mayor pro tem. 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 city. Mayor's duties. The mayor shall sign all deeds and contracts made for or by the city 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 city. He shall preside over the Mayor's Court or Police Court, for the trial of offenders against the ordinances of said city. 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 city 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 2950 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 city clerk, his veto of any measure passed by that body with reasons which impel him to withhold his assent, within four (4) 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 city upon persons convicted therein for violating any of the laws or ordinances of said city 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 city under such rules and regulations as the mayor and council may be 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. All ordinances shall be published by posting a copy of the same at three or more public places in the City of Glenwood, and no ordinance shall become effective until five (5) days after the date of such publication. Section 25. There shall be and the same is hereby established in the City of Glenwood a court to be known and designated as the police court of the City of Glenwood. Page 2951 The jurisdiction of said court shall extend over all violations of the laws and ordinances of said city and all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said violations and offenses are committed within the corporate limits of the City of Glenwood. 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 city hall building in the City of Glenwood, or at such other place in said city 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 city, 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 city jail or guardhouse, for any term not exceeding ninety (90) days, or by compulsory work, not exceeding ninety (90) days, on the streets of the City of Glenwood, or on the chaingang of said city, or upon any of the public works of said city, 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 city 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 city. Police court. Section 26. All trials in the police court of said town shall be had without written pleadings of any kind unless the defendant shall, upon the calling of the case, file a written demand with the city clerk that an accusation, in writing, shall be preferred against him in Page 2952 which event a written accusation, in form substantially as follows: Same, accusations. Georgia, Wheeler County, City of Glenwood. In the police court of the City of Glenwood: I,marshal (or policeman) of said town, in the name and behalf of the City of Glenwood, charge and accuseof the offense ofcontrary to the laws and ordinances of said city, 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. Section 27. 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 city 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 city shall by ordinance prescribe, and the said police court shall have the power and authority to do so, generally, all other acts and things necessary for the proper Page 2953 enforcement of its authority. Said court shall have the power and authority to punish for contempt by any fine not exceeding twenty-five ($25.00) dollars, or by imprisonment in the city 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, bonds, etc. Section 28. The marshal or any policeman of said city shall release any person arrested for a violation of the laws and ordinances of said city, upon said person giving a bond with good and sufficient security to be approved by the marshal or other arresting officer, city clerk or recorder of said city, payable to the mayor of said City of Glenwood, in amount fixed by the clerk or the recorder of said city, for the personal appearance of such persons before the police court of said city 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 29. Any person convicted in the police court in the City of Glenwood for the violation of any of the laws and ordinances of said city shall have the right to certiorari to the Superior Court of Wheeler County; provided, all costs are first paid to the city clerk, who shall, upon payment thereof, certify in writing that the same has been paid and bond and security given in double the Page 2954 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 city, then a like bond shall be given, the amount of which to be fixed by the presiding officer of said court. Al 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 30. When any arrest is made by the marshal of said city 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 city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest is violating any ordinance of said city, or who is suspected of having violated any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or in the jail of Wheeler County, for a reasonable length of time. The marshal or policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The marshal or policemen of said city, if deputized, Page 2955 are also authorized to make arrest anywhere within the limits of Wheeler County of any person charged with violating any of the ordinances of the City of Glenwood. Bonds. Section 31. The mayor, the mayor pro tem., or the recorder of said town presiding in the police court of said city, shall have, in addition to the jurisdiction hereinbefore conferred, criminal jurisdiction of a justice of the peace, within the corporate limits of the City of Glenwood, and when it shall appear upon the trial of any case in the police court of said city, that any offense against the laws of the State has been committed within the limits of said city, it shall be the duty of the mayor, mayor pro tem., or the recorder of said city, 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. Recorder. Section 32. The mayor and council of the City of Glenwood shall have the power and authority to authorize by ordinance the marshal or any policeman of said city to summons any and all bystanders to aid in the arrest of any person or persons violating any ordinance of said city or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrest. Section 33. 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 Glenwood shall have concurrent jurisdiction with the mayor and council of said city in respect to the trial and abatement of all nuisances in said city. Nuisances. Section 34. The mayor and council of said city 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 city; to prevent and prohibit the keeping of hogs within the city 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 Page 2956 persons in said city, 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 city 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 city; 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. Section 35. 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 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. Pound. Section 36. The said mayor and council shall have the authority to establish and put in operation a board of health of said city. The duties, powers and compensation of said board, and the number of members that shall comprise the same shall be such as are fixed and prescribed by the ordinance and the laws of said city. 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 37. 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 Page 2957 the limits of said city, whether residents or sojourners, also, to isolate any person or persons in said city 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 said city for such 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 city. 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 city. They shall have power to build, establish and maintain pest houses either within or without the corporate limits of the city, and for this purpose receive real estate, either within or without the city limits. They shall have the power to provide vaccination points and to employ physicians at the expense of the city 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 city. Same. Section 38. Said mayor and council may enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district in said city, and to enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings 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 city 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 Page 2958 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 city, the said mayor and council may order such person, firm or corporation to remove or alter such buildings 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 districts. Section 39. The mayor and council of said city shall have the absolute, full and complete control and supervision of the streets, sidewalks, alleys, lanes, parks and squares of said city, and shall have full power and authority to open, lay out, widen, straighten, grade or otherwise change the street, sidewalks, alleys, lanes, parks, and squares of said city, and shall have the power to lay off, grade, vacate, close up, curb and pave the roads, streets, bridges, alleys, 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 city upon such terms and conditions as the mayor and council may by ordinance provide. And the mayor and council of said city 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 city, and for the purpose of widening, straightening, grading or in any way changing the streets, lanes and sidewalks of said city. Whenever 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 Page 2959 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, as amended. The mayor and council of said city shall have full power and authority to remove or cause to be removed any buildings, steps, fences, gates, posts or other obstructions, or nuisances of any kind in the public streets, alleys, lanes, sidewalks, parks or squares of said city, and to enforce the provisions of this section by the enactment of appropriate ordinances. Streets, sidewalks, etc. Section 40. The mayor and council of said city 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 city; 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 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 41. The mayor and council of said city shall have full power and authority by ordinance to regulate and prescribe the speed of railroad trains running within the limits of the said city, 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 cross or running parallel with Page 2960 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 city 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. Section 42. The mayor and council of said city 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 City of Glenwood, for the purpose of supplying its inhabitants and the city 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 premises over which easements are desired are within or without the limits of said city, 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 city 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 Page 2961 such articles and things for such purposes, may be exercised by the mayor and council. Said mayor and council, in the name of the city shall have the right and authority to make contracts with the inhabitants of said city, and to consumers generally, whether residents of said city 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, etc. Section 43. 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 the said City of Glenwood, 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 44. The mayor and council shall also have full power and authority to grant franchises over its streets, and other public property 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, or corporations for water, electric lights, electric power, sewerage or any of them, as the mayor and council may deem proper; provided, that the city 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 city at an election to be held for such purpose, of which at least four weeks' notice shall be given in a newspaper in said city 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 city, 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 (20) years from the date of granting same. The mayor and council of the City of Page 2962 Glenwood are hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and effectuate this section. Same, franchises. Section 45. The mayor and council, in the name of the city, shall have full power and authority to contract for or to condemn any lands or premises within or without the City of Glenwood, for the purposes of establishing and maintaining telephone systems, water work systems, and sewerage systems, drainage systems or any of them for said city, or for the purpose of maintaining, extending, enlarging or improving any telephone systems, water works and sewerage systems, or drainage systems of said city, 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 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 of 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 46. The City of Glenwood, 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 city, under the provisions of the general law of Georgia now existing for the issuance of bonds by municipalities. Bonds. Section 47. 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 Page 2963 hereafter by the General Assembly. The ballots cast at such election shall contain the words For Bonds or Against Bonds. All persons entitled to vote for mayor and council of said city shall be entitled to vote on the question of issuing bonds. Such election shall be called at any time the mayor and council of said city may deem wise, after first giving the notice required by law in such cases made and provided. Said bonds shall mature at such time; not later than thirty years from date of issue, or at different times within said period; shall bear such rate of interest, not exceeding six per cent; and shall be in such denominations as the mayor and council may prescribe and said bonds shall provide that the interest thereon shall be paid annually or semi-annually, as may be deemed most advantageous to the city in the judgment of the city council and mayor. If the requisite majority of votes be cast in favor of the issuance of bonds, the mayor and council shall proceed to issue the same in manner and form usual to municipal bonds, the principal bonds to be signed by the mayor and clerk, and the interest coupons to be signed by the clerk only; provided, that the signature of said clerk may be engraved or stamped upon said coupons, facsimile. Said bonds shall be exempt from taxation by the City of Glenwood and shall constitute an inviolable contract between said city and the holders of said bonds. All other matters and particulars concerning said bonds, the issuance, 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 the said city shall have attached to them the corporate seal of said city. Same. Section 48. The mayor and council of the City of Glenwood are hereby authorized and empowered to use and expend any part or parcel of the moneys collected Page 2964 by taxation for the purpose of erection of any buildings, or for any public improvement or purpose. Public improvements. Section 49. The City of Glenwood shall have the right and power to issue Revenue Anticipation Bonds, 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 Bond Law of 1937. Bonds. Section 50. Said mayor and council shall have full power and authority to require any person, firm or corporation, whether a resident or nonresident of the City of Glenwood, engaged in or carrying on or who may engage in or carry on any trade, business, vocation or profession within the corporate limits of said city, either by themselves or by their agent or agents, to register their names and business, calling, vocation or profession, annually, and to require such person, 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 city ad valorem tax fi. fas. are enforceable. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation for which a license is required by the City of Glenwood without having first procured such license and complied with all other requirements of said City of Glenwood, relating thereto, shall be guilty of a violation Page 2965 of the city ordinance provided for such license or tax, and upon conviction thereof in the police court of said city, shall be punished as provided in this Act. Prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation thereunder, may be in addition to the methods herein provided for collecting such tax or license. 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 inhabitants of the City of Glenwood. 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 city, 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 city, to provide places for the burial of the dead, either within or without the city limits, to regulate interment therein, and to expand annually a sufficient sum for keeping cemeteries in proper condition. Cemeteries. Section 54. The mayor and council of said city are authorized to establish a city park or playground in said city for the purpose of improving the health and pleasure of the citizens, and visitors of said city. They shall have the power and authority to improve and keep up such parks and playgrounds, and to this end may appoint such Page 2966 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 City of Glenwood shall have the right and power to abate any nuisance likely to endanger the health of said city, and may abate such nuisance in a summary manner. Where the nuisance is caused by the act of negligence of any individual, firm or corporation, the expenses of such abatement shall be charged against the party causing the same, and payment thereof enforced by fine, or imprisonment, or both in the discretion of said mayor and council. Nuisances. Section 56. (a) All persons owning property, both real and personal, within the city limits of the City of Glenwood shall be subject to pay an ad valorem tax thereon not to exceed six mills for ordinary current expenses, to said city, and the lien for said tax shall attach as of January first in each year. The taxable property within the limits of said city shall have a value for taxation placed theeron by a board of tax assessors, not less than three, who are citizens and residents of said city, and who are qualified voters. The taxable value shall be 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. Taxes. (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 Page 2967 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 City of Glenwood, 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 City of Glenwood shall complete the assessment of all property subject to ad valorem taxation not later than the first day of June of each year. All ad valorem taxes shall become due and payable on the 1st day of October of each year. The taxpayers may anticipate the payment of the amount of their tax and shall be allowed a discount of one-half of one per cent per month for every month in advance of the 1st day of October in each year, that said taxes may have been paid. On and after the 1st day of December of each year the books for the collection of taxes shall be peremptorily closed; and on the next day following, tax executions shall be issued against defaulters and a penalty shall be fixed for the non-payment of taxes when due; it shall be the duty of the city clerk or manager to see that said executions are promptly collected, the provisions herein respecting the collection of same being mandatory, and a failure to properly perform the duties devolving on any city officer with reference to the collection of said taxes shall be grounds for immediate dismissal of such officer or officers. Said unpaid tax for which executions are issued shall bear interest at the rate of 7 per centum 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 cost, however, to be paid into the treasury of the City of Glenwood. The tax assessor shall receive reasonable compensation to be set by the mayor and council upon recommendation by the city council. Page 2968 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 city authorities, and for the payment of the annual or semi-annual interest on said bonds and for the payment of legal and equitable judgment and decrees against said city, the said mayor and council shall have authority and power to levy and collect an additional tax in the mode and manner prescribed by the Constitution and laws of Georgia, as provided in the Code of Georgia and other general laws of the State of Georgia and for the purpose specified in those sections. Bonds, sinking funds. Section 58. Any person dissatisfied with the assessment made on any or all of his property shall have the right to appeal to the board of tax assessors who shall hold a session for complaints. The determination of the assessors upon such hearing shall be subject to written appeal made to the mayor and council; provided, such appeal shall be filed in writing with the clerk of said city within five days after the hearing before said assessors and such appeal shall be heard by the mayor and council at their next regular meeting, unless continued for cause. The decision of the mayor and council shall be final. The mayor and council shall have power and authority to raise or lower the valuation of any property, real or personal, made by the tax assessors, after giving of notice in the same manner as hereinbefore provided, 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 Wheeler County, as provided by general law. Tax assessments. 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 city clerk or manager, as city tax collector, and may be served and tax sales made Page 2969 thereunder by the marshal or by the sheriff of Wheeler County or his legal deputies. Collection of taxes. Section 60. The clerk of council of the City of Glenwood 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 city, and owning property therein, shall make formal returns of their property on such forms, each year by not later than the 1st day of April. Upon failure to make such returns by any property owner, or owners, such property owner or owners may be subjected to double tax on their property, and to such other penalty for failure to make such returns as may be provided by the mayor and council by resolution or ordinance. Tax receiver. 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 city council in special sessions whenever he deems it proper, and the mayor and council shall have full authority and power to perform any of their duties or powers at a special or called session. The regular time of meeting shall be as provided by resolution or ordinance. Council meetings. Section 62. The salaries or compensation, each councilman, clerk of council, marshal, policeman, city attorney, recorder and other officers and employees of the City of Glenwood shall be fixed and prescribed by resolution and ordinance adopted and passed by the mayor and council. Salaries. Section 63. The mayor and council of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, 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. Taxes. Page 2970 Section 64. 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 city, signed by him, bear teste in the name of the mayor, and be directed to the marshal of said city 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 place of and the method of conducting and all regulations, governing the marshal's sales under said executions. The marshal of the said city or any sheriff or deputy sheriff of this State shall proceed to levy and collect such tax execution issued by the clerk of said city, and shall proceed to levy upon and sell such property as may be levied upon at public outcry at the city hall, after giving notice of such sale by publication of the same in the Wheeler County Eagle, a newspaper published in the County of Wheeler, in the town of Alamo, 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 City of Glenwood 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 City of Glenwood; 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. Tax executions. Section 65. The mayor and council of said city shall have the power and authority to control and regulate the running of bicycles, automobiles, motorcycles and any Page 2971 and all other kinds of high speed vehicles in said city, 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; the qualifications of the drivers, chauffeurs 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 public. The mayor and council of said city shall have the authority to effectuate the provisions of this section by ordinance and to provide penalties for the violation thereof. Vehicles. Section 66. The mayor and council of said city 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 city, or upon any of them, and to prohibit the idling, loitering and loafing in any of the public buildings in said city, and to prescribe penalties for the violation thereof. Idling, etc. Section 67. The mayor and council of said city 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 city 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 the tenants, to connect the same with the water and/or sewerage systems hereafter laid by said city, 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 city (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 collection of taxes are enforced. The mayor and council of said city shall have the authority to require all surface wells, dry wells, 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 Page 2972 mayor and council may direct, the same shall be done by the city, 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. Section 68. The mayor and council of said city shall have full power and authority to regulate the buildings or the repairing of any buildings within the corporate limits of said city or the removal thereof; to require persons desiring to build, repair or remove buildings in said city 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 city 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 city; 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 of 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 city; and the mayor and council of said city 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 permits. Section 69. 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 city, 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 Page 2973 twenty (20) years, nor without compensation to the city; and, provided further, that the same or any of them shall be subject to taxation by said city. The mayor and council shall also have the right and power to pass such ordinances as may be necessary to carry out and effectuate the provisions of this section and to prescribe penalties for the violations of said ordinances. Franchises. Section 70. 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; that 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. Said city shall have exclusive control over all city 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. 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 city; to establish, equip, and maintain a city chaingang and prescribe rules and regulations for the proper management of same; to maintain, establish, and equip a city jail or guardhouse in said city for the safe keeping of prisoners, convicts, and persons charged with violating the laws and ordinances of said city 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 by convicts. Page 2974 Section 73. Said mayor and council shall have the power and authority, by ordinance, to create and establish a fire department in said city; 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. The marshal and policemen of said city 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 city, or in any public building in said city and to imprison such person or persons in the city jail or guardhouse or to admit such person or persons in the city jail or guardhouse 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 city, or whom said officers may suspect of having evil design against some person or property in said city 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, for any offense committed therein; 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. Arrests. Section 75. Nothing in this Act shall affect the present officers of the City of Glenwood, or their fees or salaries, or the licenses and special taxes on the tax rate fixed by the ordinances of said city for the year 1958. Present officers. Section 76. Authority to carry out and effectuate by ordinance each and every power granted to the City of Glenwood in this Act is hereby expressly conferred on the mayor and council of said city; and said mayor and council shall have generally the power and authority Page 2975 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 City of Glenwood. Ordinances. Section 77. The mayor and council of said city 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. The City of Glenwood 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 City of Glenwood, and its former governing authorities as heretofore incorporated. Intent. Section 79. All deeds, contracts and other written instruments shall be signed by the mayor of said city, in the name of the same city, and attested by the clerk of council. Mayor. Section 80. In addition to, or cumulative of all authority or power heretofore delegated in this charter, the City of Glenwood shall have power: (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; Other powers. (b) To furnish all local public services, as herein specified and provided for; (c) To grant local public utility franchises and regulate the exercise thereof; (d) To assess, levy and collect taxes for general and Page 2976 special purposes, including the purpose of paying the principal and interest of any bonds that may be issued by said city, on all subjects or objects which the city may lawfully tax; (e) To borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city; (f) To appropriate the money of the city for all lawful purposes; (g) To create, provide for, construct, regulate and maintain all things in the nature of public works and improvement; (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 city, 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 city, 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 city as may be necessary to insure the purity and wholesomeness of food products sold within the city; (n) To regulate the construction, reconstruction, material, location, height, maintenance and occupancy of buildings; Page 2977 (o) To regulate and control the use, for whatever purpose, of the streets and other public places of the city; (p) To create, establish, organize and abolish departments and offices, and fix the salaries ad 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 city 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 said city, whether expressed or implied, shall be exercised and enforced in the manner prescribed, then in such manner as may be provided by ordinance or resolution of the council. Section 81. Said city 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 city shall have and may exercise all other powers which under the Constitution of Georgia, it would be competent for this charter specifically to enumerate, it being the intention hereof that the powers of the City of Glenwood shall extend to all matters and things of local and municipal government. Intent. Section 82. 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. Page 2978 Section 83. An Act approved August 11, 1908 (Ga. L. 1908, p. 711), creating a new charter for the Town of Glenwood, and all laws amendatory thereof are hereby expressly repealed in their entirety, it being the intention of this Act to completely consolidate and supersede, all laws dealing with the City of Glenwood. 1908 Act repealed. Section 84. 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 1958 session of the General Assembly of Georgia, a bill to provide a new charter for the City of Glenwood and for other purposes. This 15th day of January, 1958. Robert A. Hill, Representative, Wheeler County. 394t. 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 The Wheeler County Eagle which is the official organ of said county, on the following dates: January 24, January 31 and February 7, 1958. /s/ Robert A. Hill, Representative, Wheeler County. Page 2979 Sworn to and subscribed before me, this 10th day of February, 1958. /s/ J. C. Miller, Jr., Notary Public. Approved March 21, 1958. PENSION SYSTEM ACT FOR POLICEMEN OF CITIES OF 150,000 OR MOREAMENDED. No. 285 (House Bill No. 933). An Act to amend an Act entitled an Act to repeal an Act approved August 18, 1925 relating to pensions for members of the Police Department in cities having a population of 150,000 according to the last census of the United States or any subsequent census thereof and providing a new pension system for members of the Police Department in such cities (Ga. L. 1933, pp. 213-224), so as to provide for a refund of contributions by members made for months for which no pension credit accrues, upon being compelled to retire; 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 entitled an Act to repeal an Act approved August 18, 1925, relating to pensions for members of the Police Department in cities having a population of 150,000 according to the census of the United States for 1920 and providing a new pension system for such cities (Ga. L. 1933, pp. 213-224), be and the same hereby is further amended as follows: Section 1. By adding, after section 13, a new section which shall be section 13a, and which shall read as follows: Section 13a. When any member shall be compelled to retire because of age or disability, such member shall be entitled to receive a refund of all amounts deducted from his salary for pension purposes for any months for which he cannot receive credit on his pension. Refunds in certain cases. Page 2980 Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 21, 1958. CITY OF EATONTONCHARTER AMENDED. No. 286 (House Bill No. 938). An Act to amend the charter of the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, so as to authorize the mayor and council to appoint a board of tax assessors, fix their terms of office and compensation; to fix the minimum age for voting in city elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The mayor and council shall, at the first meeting in September after newly elected officers have been sworn in or as soon thereafter as may be appropriate, elect three tax assessors, who shall be qualified voters of said city, and who shall hold office for terms of one year and until their successors are elected and qualified. In the event of vacancy, the same shall be filled at the first regular or special meeting of council after the same occurs, if the tax digest is then incomplete or thereafter if the need arises; and such appointments shall be for the unexpired term of the respective predecessors. It shall be the duty of the board of tax assessors to assess for taxation the valuation of all real and personal property in said city or having a tax situs located therein. Said board shall have all of the powers of a court to compel the attendance of witnesses and the production of documentary papers, by notice to produce Page 2981 or subpoena duces tecum; and such powers may be enforced by attachment for contempt upon summons issued by the presiding officer of the police court upon application therefor made by said board. Upon conviction for contempt in said police court, which shall have jurisdiction to try and determine the guilt or innocence of persons so charged, the presiding judge may punish the offender as provided for in other cases of contempt under the charter of said city. Tax assessors. Section 2. The mayor and council shall provide compensation for the tax assessors on a per diem, monthly or other basis, in such amount as may be deemed necessary in their discretion; and may authorize said board to obtain clerical assistance and pay for the same and such other assistance and facilities as may be necessary. Same, compensation. Section 3. Subsection (4), of section 28, of the original charter appearing in Georgia Laws of 1908, p. 620, et sequitur, providing for the election of tax assessors by the people, is expressly repealed. of 1908 Act repealed. Section 4. Section 16 of the original charter aforesaid is hereby expressly repealed in its entirety, and a new section 16 is hereby substituted in lieu thereof, which shall read as follows: Section 16. All persons qualified to vote for members of the General Assembly, who shall have resided within the corporate limits of the City of Eatonton for six (6) months next preceding the election, and who shall have registered as required by city ordinances, shall be qualified to vote at any election. All persons otherwise qualified and who shall or will reach their 18th birthdate on or before the date of any election, shall be entitled to register therefor and vote in such election; but registration to vote in State and county elections shall not be required. Voters. Section 5. Subsection (8) of section 14, of said original Charter is hereby repealed in its entirety. Page 2982 Section 6. Subsection (6) of section 14, of said original charter, is hereby expressly repealed in its entirety. Section 7. Subsection (1) of section 26, subsection (2) of section 26, and subsection (3) of section 26, of said original charter, are hereby expressly repealed in their entirety. Sections of prior Acts repealed. Section 8. Subsection (4) of section 14 of said original charter is hereby amended by striking the words not exceeding two dollars each at the end of said subsection; and by inserting a period in lieu of the comma appearing after the word ordinance in the last line of said subsection. Section 8-A. Not less than thirty nor more than forty-five days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of Eatonton to issue the call for an election for the purpose of submitting this Act to the voters of the City of Eatonton for approval or rejection. The mayor and council shall set the date of such election for a day not less than thirty nor more than forty-five 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 Putnam County. The ballot shall have written or printed thereon the words: For approval of the Act amending the charter of the City of Eatonton, so as to authorize the mayor and council to appoint a Board of Tax Assessors; and for other purposes. Referendum. Against approval of the Act amending the charter of the City of Eatonton, so as to authorize the mayor and council to appoint a Board of Tax Assessors; and for other purposes. Page 2983 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, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of Eatonton. It shall be the duty of the mayor and council to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. 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 9. All laws or parts of laws in conflict herewith are repealed. Notice of Intention to Apply for Local Legislation. To whom it may concern: I will apply to the 1958 session of the General Assembly of Georgia for a local law to amend the charter of the City of Eatonton, appearing in Georgia Laws of 1908, p. 620, et sequitur, and as amended by subsequent legislation, so as to authorize the mayor and council to appoint a board of tax assessors, fix their terms of office and compensation; to fix the minimum age for voting in City elections; to repeal conflicting laws, and for other purposes. This January 9, 1958. Dallas Veal, Representative, Putnam County, Georgia. Page 2984 Certificate of Publication. Georgia, Putnam County. I, Battle Smith, do certify that I am publisher of the Eatonton Messenger, the newspaper in which sheriff's advertisements are published in said County; and I further certify that the above notice of intention to apply for local legislation was published in said newspaper on January 16, 1958; January 23, 1958; and January 30, 1958. This the 1st day of February, 1958. /s/ Battle Smith, Battle Smith. Approved March 21, 1958. BARTOW COUNTYCOMMISSIONER OF ROADS AND REVENUES. No. 287 (House Bill No. 1154). An Act to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended by an Act approved August 7, 1925 (Ga. L. 1925, p. 546), so as to change the compensation of the commissioner; to provide for clerical help; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenues of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended by an Act approved August 7, 1925 (Ga. L. 1925, p. 546), is hereby amended by striking section 16 in its entirety and Page 2985 inserting in lieu thereof a new section 16 to read as follows: Section 16. The Commissioner of Roads and Revenues 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 Bartow County. Commissioner's salary. Section 2. Said Act, as amended, 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 Commissioner shall receive the sum of three thousand ($3,000.00) dollars per annum from the funds of Bartow County for the purpose of paying clerical help. Clerical help Section 3. This Act shall become effective on the first day of the month following the month of its approval by the Governor, or its otherwise becoming a law. Effective date. 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 there will be introduced in the 1958 session of the General Assembly of Georgia a bill to change the compensation of the Commissioner of Roads and Revenue of Bartow County, Georgia, and fix the compensation for clerical help and other purposes. This 29th day of January, 1958. Woodrow H. Bradley, Representative, Bartow County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William B. Page 2986 Greene, who, on oath, deposes and says that he is Representative from Bartow County, and that the attached copy of notice of intention to introduce local legislation was published in the The Bartow Herald and The Tribune News which are the official organs of said county, on the following dates: January 30, 1958; February 6, 1958; and February 13, 1958. /s/ Wm. B. Greene, Representative, Bartow County. Sworn to and subscribed before me, this 17th day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 21, 1958. RICHMOND COUNTYPURCHASE AND SALE OF SUPPLIES AND MATERIALS. No. 288 (House Bill No. 1077). An Act to provide that the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, shall before purchasing or selling any goods, materials or supplies to be used by Richmond County, shall purchase or sell said goods only after advertising for bids once a day for three consecutive days in the legal gazette for Richmond County; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same as follows: Section 1. That from and after the passage of this Act the Board of Commissioners of Roads and Revenues Page 2987 of Richmond County shall not purchase or sell any supplies and materials of any nature used by Richmond County in any of its governmental affairs which costs in excess of $1,000.00, without first advertising for bids in the legal gazette for Richmond County for a period of three days. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Publication. A copy of the notice of intention to apply for this local legislation and affidavit of its authors to the effect that said notice has been published as required by law are attached hereto, and made a part of this Act; and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. Personally appeared before the undersigned officer, duly authorized to administer oaths, , , and , who on oath, depose and say that the following notice was published in the Augusta Herald, the official gazette for sheriff's advertisements of Richmond County January 15th, 22nd and 29th, 1958. /s/ J. B. Fuqua, (L.S.) /s/ W. W. Holley, (L.S.) /s/ Bernard F. Miles. (L.S.) Sworn to and subscribed before me, this 12th day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Page 2988 Affidavit of Publication. Attorney or Agency Frank H. Pierce, Business Richmond County Attorney. 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 notice of local bill duly appeared in said newspaper on the following dates to-wit: January 15, 22, 29, 1958. /s/ Marie Leroy, Secretary. (Title). Sworn to and subscribed before me, this 7th day of February, 1958. /s/ Katie Broadwater, Notary Public, Richmond County, Georgia. (Seal). My Commission Expires July 13, 1959. Notice of Local Bill. Notice is hereby given that there will be introduced at the 1958 session of the General Assembly of Georgia by the undersigned, local legislation as follows: An Act to provide that the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, shall not purchase or sell any material, supplies or equipment, which costs in excess of one thousand ($1,000.00) dollars, without advertising for bids for three successive days in some daily newspaper in Richmond County, Georgia, prior to said sale or purchase; and for other purposes. Page 2989 This 13th day of January, 1958. Carl E. Sanders, Senator, 18th Senatorial District. W. W. Holley, Jr., Representative, Richmond County. J. B. Fuqua, Representative, Richmond County. Bernard F. Miles, Representative, Richmond County. Jan. 15, 22, 29. Approved March 21, 1958. PAULDING COUNTYCORONER'S COMPENSATION. No. 290 (House Bill No. 1035). An Act to supplement the compensation of the Coroner of Paulding County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Coroner of Paulding County shall be paid the sum of $15.00 per month in addition to any fees, emoluments or other compensation which he receives. Said sum shall be paid from the funds of Paulding County. Section 2. This Act shall become effective on the first day of the month immediately following the month of its approval by the Governor, or its otherwise becoming a law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2990 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia, a bill to supplement the compensation of the Coroner of Paulding County; to provide an effective date; and for other purposes. (3t12). This 6th day of December, 1957. George T. Bagby, Representative, Paulding County. Georgia, Paulding County. Personally appeared before me, the undersigned officer, authorized by law to administer oaths, T. E. Parker, who after having been duly sworn, deposes and says that he is the editor and publisher of the Dallas New Era, the legal organ for the County of Paulding, and that the foregoing attached notice was published in said paper on the 12th, 19th and the 26th days of December, 1957, as provided by law. /s/ T. E. Parker, T. E. Parker. Sworn to and subscribed before me, this 8th day of February, 1958. /s/ Florrie Jo Cook, Notary Public, Paulding County, Georgia. (Seal). My Commission Expires April 15, 1959. Approved March 21, 1958. Page 2991 CITY OF ELBERTACREATED AND CHARTERED. No. 292 (House Bill No. 1031). An Act to create and incorporate a new municipality in Houston County, Georgia, to be known as Elberta; to define its territorial limits; to provide for ordinances; 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 the manner of electing officers; to provide a governing body pending elections; to provide qualifications of all voters, electors and candidates; to provide for the permanent registration of the qualified voters of said municipality and for the registration books of said municipality and when same shall be open; to provide for the mayor's court and the trial and punishment therein of all offenders against the ordinances of said municipality, and manner of appeal therefrom; to provide the time of elections and terms of officers and salaries thereof; to provide for the enacting of all necessary ordinances, rules and regulations for the orderly management and operation of said municipality; 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 a new municipality be and the same is hereby created, to be known as Elberta, to have perpetual existence, power to sue and be sued, plead and be impleaded, to have and use a common seal, to hold, posses, lease, sell or otherwise dispose of property within or without the limits of the corporation, to borrow money, to fully contract respecting municipal affairs, and to do all and every lawful act relating to its creation and existence as a municipality of this State. Incorporated. Section 2. Be it further enacted that the corporate limits of said municipality shall extend over that territory embraced within the following description: Page 2992 Beginning at the southeasterly corner of land lot No. 204 in the fifth district of Houston County, Georgia, and thence running in a westerly direction along the southerly lot line of land lots 204 and 187 to the southwesterly corner of said land lot No. 187 and thence running in a northerly direction along the westerly boundary of said land lot No. 187 to the northwesterly corner thereof and thence running in an easterly direction along the northerly boundary of said land lot No. 187 to a point which is 1000 feet westerly of the northeasterly corner of said land lot No. 187 and thence running in a northerly direction, through land lot No. 186, parallel with the easterly boundary of said land lot No. 186 to the mid-stream of Echeconnee Creek and thence running in an easterly direction along mid-stream of Echeconnee Creek to the easterly boundary of land lot No. 205 and thence running in a southerly direction along the easterly boundaries of land lots Numbered 205 and 204 to point of beginning: Corporate limits. Section 3. The governing authority of said corporation shall consist of a mayor and four (4) councilmen, whose salaries shall be fixed by the governing authority at a maximum of five ($5.00) per year for the mayor, and five ($5.00) per year for each councilman. Mayor and Councilmen. Section 4. The following shall be mayor and councilmen respectively, from the passage of this Act, and until their successors are elected and qualified: Dryfus Sullivan, mayor; Robert E. King, Sr.; William W. Payne; James F. Taylor and H. I. Wooden, councilmen. Same, oath, elections. The named mayor and councilmen shall take office within thirty (30) days of the passage and approval of this Act, taking an oath to faithfully perform the duties of their offices before a Judge of the Superior Court of Houston County. An election for a mayor and four (4) councilmen shall be held on the Tuesday after the first Monday in November, 1958, and the candidate who secures the largest number of votes for mayor shall take office for a term of four (4) years, and the candidate who secures Page 2993 the largest number of votes, for councilman shall serve as mayor pro tem. and as councilman for a term of four (4) years; the candidate who secures the next largest number of votes for councilman shall serve as councilman for a term of four (4) years and the two candidates who secure the next two (2) largest number of votes shall serve as councilman for terms of two (2) years each. Every second year, beginning with 1960, on the Tuesday after the first Monday in November, an election shall be held to fill vacancies resulting from expiration of terms, and terms of all officers elected in 1960 election and thereafter shall be four years. The mayor and council shall announce the hours of voting at least ten (10) days before the holding of an election. The mayor and coucilmen hereafter elected shall serve in their respective offices until their successors are elected and qualify. The mayor and councilmen shall take office on the first Monday of December following their election, taking the same oath of office and in the same manner as provided for the persons specifically named hereinabove as the initial mayor and councilmen. Section 5. In the event of any vacancy, prior to expiration of term, in the office of mayor or councilmen by death, resignation, or for any other cause, such vacancy, or vacancies, shall be filled by a majority vote of the remaining officers within sixty (60) days after such vacancy, and in such cases the mayor or councilmen, as the case may be, shall take office immediately. Vacancies. Said mayor and councilmen shall hold regular and open meetings on the first Tuesday of each calendar month, and called meetings at such times necessary to conduct the affairs, of the corporation. Section 6. With the exception of the persons specifically named in section 4, hereof, the mayor and councilmen shall be qualified to vote for members of the General Assembly of Georgia, shall be at least twenty-one Page 2994 (21) years of age, and shall have been a resident of such corporation for at least six (6) months prior to the election at which office is sought. Qualification of Mayor and Councilmen. Section 7. The qualifications necessary to entitle a person to vote at any municipal election shall be as follows: Voters. (a) Such person shall be at least eighteen (18) years of age; (b) Shall have resided within the corporate limits of the municipality for at least three (3) months preceding the date of election; (c) Shall be a citizen of the United States and of the State of Georgia; (d) Shall be qualified to vote for members of the General Assembly of Georgia. Section 8. The mayor and councilmen shall keep or cause to be kept by a registrar, open at all times except as indicated hereinafter, a book for the registration of voters, and all qualified voters shall register therein, taking an oath to be prescribed by the governing authority of the corporation, embodying the elements of qualifications set forth in this Act. Voters registration book. Said registration book shall be closed thirty (30) days before any municipal election and during the first ten (10) days of such period the registration list shall be purged of all disqualified voters by the mayor and councilmen. At least ten (10) days prior to any election, a Registrar, appointed by the Mayor and Council, shall prepare and post, at some prominent and central place within the corporate limits, a list of voters qualified to vote at such election, and no person shall be entitled to vote in said election whose name does not appear on said list, or as the same may be augmented by the names of persons duly registered but erroneously eliminated from said list, and as to determined upon complaint of the voter so eliminated. Page 2995 At least three (3) days prior to any municipal election, the Registrar aforesaid shall furnish a copy of the list of qualified voters to the managers of said election whose selection is hereinafter provided. At least ten (10) days prior to any municipal election, the Mayor and Councilmen shall select two (2) freeholders and qualified voters of said corporation to serve as the managers at such election. Such managers shall preside over the election at the polling place or places and for the period of time said place places are held open, as prescribed by the Mayor and Councilmen; shall receive the ballots, count, and consolidate the vote, and report the same to the governing authority, which shall meet and declare the result of said election on the Monday following next after such election. If any person shall desire to contest any election held under and by virtue of this Act, said contest shall be held, and notice thereof given, as is now provided for contest of election for County officers in this State. Section 9. The mayor and councilmen shall constitute the legislative department of the city government, and as such shall be vested with full power and authority to condemn property either within or without the corporate limits, necessary for any public purpose, in accordance with the method and procedure of the condemnation of property provided by the laws of Georgia; to lease or sell any public property not used for public purposes; to make and establish by ordinance or resolution, rules and regulations respecting public streets, sidewalks, alleys, and parks, public markets and marketing, drainage, fire prevention and control, railroads, street railroads and transportation systems, motor-busses, and other common carriers for hire, hotels, theaters, and any and all places of amusement or to which the public is invited, buildings, motor-vehicles and other vehicles, filling stations, garages, public-utility companies, and respecting all other matters and things affecting the good government of said corporation as they shall deem requisite and proper for the security, welfare, health, and Page 2996 convenience of said municipality, and for the preservation of the peace and good order of the same, except that the mayor and councilmen shall not establish a speed limit on Georgia Highway No. 247 which runs through said municipality, which is different from the speed limit provided by general State law. Ordinances. This general enumeration of powers is not to be construed as in conflict with any other power or authority conferred by the terms of this Act or general Acts applicable to this corporation, but, on the contrary, shall be construed as in aid of such power. All legislation shall be adopted or rejected by the majority vote of the mayor and councilmen, the mayor, in all cases, being entitled to a vote. Section 10. The mayor and councilmen may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the corporation for the purpose of regulating the location of trades, amusements, industries, apartment houses, dwellings or other uses of property; or for purpose of regulating the height of buildings, fences, or other structures or the area or dimensions of lots or of yards used in connection with buildings or other structures; or for the purpose of regulating the alignment of buildings or other structures in relation to streets or in relation to one another. Duties of Mayor and Council. The zoning regulations may be based upon any one or more of the purposes above described. The corporation may be divided into such number of zones, districts, or areas, and such may be of such shape and area as the governing authority shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of zones, districts, and areas, and regulations relating thereto, classifications Page 2997 may be based on the nature or character of the trade, industry, profession 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; consistency of use of such premises with the use of other properties, both public and private, and including properties of the corporation, the county, the State, and the United States; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, property, welfare, or for the prosecution of preparedness efforts of the State and Nation. All such powers shall be exercised only in conformity with the Constitution and laws of Georgia and the United States, at the time of the exercise of such powers, it being particularly intended to authorize said corporation, in the discretion of its governing authority, to take advantage of all present and future constitutional amendments to general law and/or new laws with reference to purposes of this section. No specific enumeration herein shall be construed to affect the generality of the powers conferred. Section 11. The corporation shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the municipality; upon banking, insurance, and other capital employed therein; upon salaries and incomes derived from property and business within the city, and upon gross receipts within the city; provided that no tax upon real or personal estate or property shall exceed twenty (20) mills upon the value thereof, the exact tax levy to be determined by resolution of the mayor and councilmen. Taxes. Section 12. The mayor and councilmen, by ordinance or resolution, shall have full power to levy such license and specific or occupation taxes upon the residents of the corporation, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the governing Page 2998 authority may deem expedient and necessary for the safety, benefit, convenience, or advantage of the corporation; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses, to compel the payment of such licenses by execution or any other lawful manner; and to make all suitable laws and regulations necessary or proper to the carrying out of the powers herein conferred, and to prescribe suitable penalties for the violation thereof. Business licenses. Section 13. The mayor and councilmen shall have authority to appoint or elect officers, agents, and employees necessary, in the opinion of said mayor and councilmen, for the proper management and operation of said corporation and to prescribe their duties and fix their salaries. Said governing authority, in its discretion, may permit any person to hold one or more of said positions or office, agency or employment. Any and all powers of the mayor and council, save the power of legislation, may be delegated to any such officer, agent, or employee. Delegation of power. All such officers, agents and employees shall hold their employment during the pleasure of the mayor and councilmen. Section 14. All persons owning property subject to ad valorem tax shall make returns thereof at fair market value, for tax purposes, to such officer, at such times and in such form as the mayor and councilmen may direct. The mayor and councilmen shall constitute the corporation's Board of Tax Assessors, and it shall be their duty to assess all property for taxation and in the event of failure to make a return as prescribed, to assess a penalty of ten per cent (10%) of the assessed value. Tax assessments. In the event of dissatisfaction on the part of any taxpayer over any such assessment, he shall, within ten (10) days of notice of assessment have the right to arbitrate the value by selecting a disinterested party, and the mayor and councilmen select a disinterested party; and Page 2999 these two to select another in case of disagreement and their decision as to the value of the property to be final. The arbitrator of the complaining taxpayer must be selected within ten (10) days of assessment notice; the arbitrator of the corporation within five (5) days thereafter and the third arbitrator, if necessary, within the next five (5) day period. In the event of failure to agree upon a third arbitrator within the time specified, the selection shall be made within twenty (20) days thereafter, by the senior judge, in point of service, of the Superior Court of Houston County. All ad valorem taxes shall be payable on or before the 20th day of December of the year in which levied and assessed. Section 15. The mayor and council shall have the right to enforce the collection of taxes and/or of any other money lawfully due the corporation, by execution issued by the governing authority or its designated officer or agent, bearing test in the name of the mayor, which execution shall be issued at the time and in the manner to be prescribed by ordinance, and sales under such executions shall be conducted as provided by law with respect to sheriff's sales. Collection of taxes. Any officer or agent of said corporation may be authorized by the governing authority to levy any such execution or they may be levied and collected by the Sheriff of Houston County. Executions shall be directed to such officers in the alternative. No injunction shall issue in arrest of such executions but contest of the legality of any such execution shall be by affidavit of illegality as provided by law. All sales under such executions shall be conducted by the levying officer and in the method provided as to sheriff's sales; deeds to successful bidders shall be executed by the mayor and councilmen and the levying officer shall have the right, power, authority, and duty to place the successful bidder and purchaser in possession of the Page 3000 property. The corporation shall have the power and authority to bid and to purchase at any such sale. Section 16. The mayor and councilmen shall have full power and direction control over all streets, alleys, sidewalks, and street crossings and shall direct the mode, manner, and style in which they shall be opened or closed or constructed or maintained. Streets, sidewalks, etc. They shall likewise have power and authority, in their discretion, to grade re-grade, pave, re-pave, macadamize, remacadamize and otherwise improve for travel and drainage the streets, sidewalks, public lanes, alleys, and street crossings of the corporation, to put down curbing, guttering, and cross drains, and to otherwise improve the same, and to assess one-third (1/3) of the total cost thereof against the real-estate abutting on each side of the street upon which the improvement takes place, so that the abutting real property shall bear two-thirds (2/3's) ofthe entire cost. The mayor and councilmen shall have full authority to prescribe rules and regulations providing a method for apportioning the cost of the improvements determined upon, the issuance of executions therefor, and the method of collection thereof provided that all executions shall be levied and sales of property thereunder shall be in the manner herein this Act provided for all executions. The corporations shall likewise have authority to prescribe methods and means of notice to owners of properties affected, and for an opportunity for hearing in protest of the contemplated improvement; In the performance of any and all of the improvements herein provided and as may be determined upon, the mayor and councilmen shall have authority to cause such improvements to be made by corporate agencies or may contract the work to independent contractors. Section 17. The liens of all executions issued by the corporation shall have the same rank and priority of payment Page 3001 as tax executions for municipal taxes, and all recitals contained in any execution or deed pursuant thereto shall be prima facie evidence of the facts therein recited. Tax executions. Section 18. The governing authority shall have power and authority to order the construction, improvements, and maintenance of all public works, and without limiting this generality, including sewerage, the care and improvement of the public parks, the public buildings, the streets and bridges, and any and all utilities which the corporation may determine to own and/or operate for corporate and/or non-corporate users. Parks,etc. The mayor and councilmen are authorized to issue bonds of the corporation in accordance with the laws of the State in such matters provided for any of the purposes hereinabove set forth, after first calling an election and thereat obtaining the assent of the number of the qualified voters of the corporation required by law. Section 19. A Police Court of said corporation is hereby created. It shall be optional with the mayor and councilmen whether the mayor shall serve as presiding officer of the court, or whether they shall elect a recorder as such presiding officer. In the absence or disability of the presiding officer, the mayor shall appoint a councilman to act as the presiding officer. All process, summons, and all attachments and executions for fines and other writs issuing out of said court shall be issued, served, and returned as prescribed by the governing authority, bear test in the name of the presiding officer, shall be directed to any officer or agent of the corporation, or to the Sheriff of Houston County in the alternative, and served and executed by any officer or agent to whom directed. Police court. Said court shall be held as often as necessary to clear the dockets of said court. Said court shall have jurisdiction and authority (a) to Page 3002 try offenses against the laws and ordinances of the municipal government and to punish for a violation of the same; (b) to punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another, whose testimony is desired or material in any proceeding in said court, to go or move beyond the reach of the process of the court; (c) to punish for any contempt of court; (d) through the presiding officer to impose fines not exceeding three hundred ($300.00) dollars and imprisonment not exceeding forty (40) days, either or both, in the discretion of the presiding officer. The presiding officer shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses against the laws of the State and within the limits of the corporation, which warrants may be executed by any officer or agent designated by the governing authority, and to commit the offenders to the jail of Houston County, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. In all cases in the police court involving a violation of the penal statutes of Georgia, where the accused is bound over to the Superior Court of Houston County for trial, or in default of bond, committed by the police court to the common jail of Houston County to await trial, the municipality shall be allowed the following costs: Issuing warrant $1.25 Taking examination of defendant 1.25 Examining witnesses .30 each Making out commitment .35 Summoning witnesses .30 each Serving warrant 1.25 Keeping and maintaining prisoner 1.25 per day per day Said costs shall be collected by the court in which the case is tried or triable in the same manner as other costs Page 3003 are collected by such court and paid over to the municipality. The mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary to secure the efficient and successful administration of the court. The right of certiorari from the decisions and judgments of the presiding officer shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of the Judge of the Superior Court of Houston County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 20. The mayor and each member of council shall be qualified to serve the municipality in any office of position of agency or employment, except that they shall not serve in the positions ofone another as members of the governing authority. Section 21. In addition to the powers hereinbefore enumerated, said corporation shall have all the additional power and authority usually and properly incident to municipal corporations not in conflict with the Constitution or laws of the State of Georgia or of the United States, which now exist or may hereafter exist by law, the mayor and councilmen being expressly empowered to adopt, in their discretion, any future law applicable to municipalities of this State without the necessity of further enabling-enactments by the General Assembly of Georgia. Section 22. If any portion of this Act be declared invalid, the remainder hereof and the application of such portion to other persons or circumstances shall remain unaffected. Section 23. 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. Page 3004 Jan. 31, 1958. Georgia, Houston County. This is to certify that the attached legal notice, notice of intention to introduce local legislation, was published in The Houston Home Journal, the official organ of Houston County, Georgia, on the following dates: Jan. 9, 16 and 23, 1958. /s/ Cooper Etheridge. Cooper Etheridge, Editor, The Houston Home Journal, Perry, Ga. Sworn to and subscribed before me, this 1st day of February, 1958. /s/ Tommie S. Hunt, (Seal). Clerk S. C. Ho. Co., Ga. Notice of Intention to Introduce Local Legislation. Notice is hererby given that at the January, 1958 session of the General Assembly of Georgia, there will be introduced a bill entitled, An Act to create and incorporate a new municipality in Houston County, Georgia, to be known as Elberta; to define its territorial limits; to provide for ordinances; 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 the manner of electing officers; to provide a governing body pending elections; to provide qualifications of all voters, electors and candidates; to provide for the permanent registration of the qualified voters of said municipality and for the registration books of said municipality and when same shall be open; to provide for the mayor's court and the trial and punishment therein of all offenders against the ordinances of said municipality, and manner of appeal therefrom; to provide the time of elections Page 3005 and terms of officers and salaries thereof; to provide for the enacting of all necessary ordinances, rules and regulations for the orderly management and operation of said municipality; and for other purposes. R. Herman Watson, Representative, Houston County, Georgia. 3tp-1-9. Approved March 21, 1958. CITY OF BOWDENCHARTER AMENDED. No. 293 (House Bill No. 1142). An Act to establish a charter for the City of Bowdon, Georgia, approved August 12, 1910, and all Acts amendatory thereto; to amend the charter of said City of Bowdon so as to give the mayor and council thereof the right, in their discretion, to elect a recorder and fix the compensation of such recorder, for the City of Bowdon, prescribe his duties, and other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The mayor and council of the City of Bowdon shall have the right, within their discretion, to elect a recorder for said city in the same way as they now elect other officers and employees of said city. The recorder, when so elected and qualified, shall preside over the trial of cases in the police court, under the restrictions, regulations and power imposed upon the mayor or a member of the city council when acting in like capacity, as specified in section 16 of the charter of the City of Bowdon, as amended, except when disqualified or absent. At any time when the mayor and council shall have not elected a recorder, or when a recorder is elected but is Page 3006 absent or disqualified, the mayor or any member of the city council of Bowdon may preside over the police court with full powers as specified in the charter of said city. The mayor and council shall fix the salary of the city recorder and shall have the power to define his duties by ordinances not in conflict with this Act. Said city recorder, when elected and qualified, shall have the power and authority conferred upon him as city recorder now exercised by the mayor or a member of the council of the City of Bowdon under and by virtue of said charter of the City of Bowdon and the several amendments thereof. City Recorder. Section 2. Before entering his duties as recorder, the person elected by the mayor and council as such, shall take and subscribe on the minutes of the mayor and council, the following oath: I do solemnly swear that I will faithfully, fairly and impartially discharge the duties of recorder of the City of Bowdon, Georgia, in accordance with the ordinances of said city and the laws of the State of Georgia, and will uphold the Constitution of the State of Georgia, to the best of my skill and power. So help me God. Same, oath. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at is 1958 session, for the passage of local legislation amending, supplementing and adding to the charter of the City of Bowdon, as contained in Georgia Laws of 1910, p. 408, et seq., being an Act to establish a charter for the City of Bowdon and the amendatory acts thereto, especially Georgia Laws of 1937, p. 1515, and Acts of 1957, p. 2804, so as to provide for a Recorder for the City of Bowdon; to define the duties of the Recorder; and for other purposes. Page 3007 By order of the Mayor and Council of the City of Bowdon, Georgia, this 13th day of January, 1958. B. A. Martin, City Clerk. Georgia, Carroll County. Before me, the undersigned, an officer duly authorized by law to administer oaths, this day personally came Stanley Parkman, who, being first duly sworn, according to law, says that he is editor of The Carrol County Georgian, legal organ for Carroll County, Georgia, and that the attached copy of notice of intention to apply for local legislation was published in said paper on January 30, February 6 and February 13, 1958. /s/ Stanley Parkman, Publisher. Sworn to and subscribed before me, this 13th day of Feb., 1958. /s/ Patricia W. Hughes, Notary Public. Georgia, Carroll County. I, undersigned, do hereby certify that I am Editor of the Carrol County Georgian, the newspaper in which sheriff's advertisements appear for Carroll County, and the attached advertisement was published in said newspaper on the following dates, to-wit: January 30, February 2, February 13. This 13th day of February, 1958. /s/ Stanley Parkman. Page 3008 Sworn to and subscribed before me, this 13th day of February, 1958. /s/ Patricia W. Hughes, (Seal). Notary Public. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at is 1958 session, for the passage of local legislation amending, supplementing and adding to the charter of the City of Bowdon, as contained in Georgia Laws of 1910, p. 408, et seq., being an Act to establish a charter for the City of Bowdon and the amendatory acts thereto, especially Georgia Laws of 1937, p. 1515, an Acts of 1957, p. 2804, so as to provide for a Recorder for the City of Bowdon; to define the duties of the Recorder; and for other purposes. By order of the Mayor and Council of the City of Bowdon, Georgia, this 13th day of January, 1958. B. A. Martin, City Clerk. 1/30; 2/6, 13. Approved March 21, 1958. CITY OF MACONCHARTER AMENDED. No. 295 (House Bill No. 1166). 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 Page 3009 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 reenacting any section or sub-section of said Act or Acts, and particularly the Acts of the General Assembly 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, and as thereafter amended, description of new territory to become a part of the City of Macon; to describe such territory; to repeal conflicting Acts; 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 subsection Page 3010 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, and as thereafter amended, 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: All that tract or parcel of land in Bibb County, Georgia, more particularly described as follows: Corporate limits. Beginning at the point where the center line of Felton Street is interesected by the south line of Ell Street and running thence S 0 19 E along the center line of Felton Avenue 746.11 feet; thence S 89 41 W 107 feet, more or less to a point 87 feet distant from the west line of Felton Avenue; thence S 0 19 E for 73.28 feet to a point on the north right of way of Graham Street, thence N 89 01 W along the north right of way of Graham Street 423.83 feet, thence continuing along the north right of way of Graham Street N 89 20 15 W for 146.14 feet, thence S 4 18 W for 525.40 feet, thence N 88 29 W for 21.53 feet, thence S 1 31 W for 100.0 feet, thence N 88 29 W for 409.0 feet to a point on the east right of way of King Street, thence N 1 31 E along the east right of way of King Street for 618.0 feet to a point on the north right of way of Graham Street, thence N 89 20 15 W for 48.87 feet, thence N 88 55 27 W for 667.30 feet to a point, same point being 150.0 feet from the east right of way of Rock Street, thence N 0 34 23 E. paralleling the east right of way of Rock Street for 674.34 feet, thence S 89 47 06 for 121.63 feet, thence N 0 12 54 E for 125.0 feet to a point on the south right of way of Ell Street, thence S 89 47 06 E along the south right of way of Ell Street for 1716.47 Page 3011 feet, more or less, to the point of beginning; provided, however, that the land described in this section shall not become a part of the City of Macon unless and until the land described herein is acquired by the Macon Housing Authority, either by condemnation or otherwise. Upon the acquisition by said Authority of the land herein described then and in such event such land so acquired shall instanta become a part of and incorporated into said City of Macon. Effective, when. Section 3. Paragraph b. of section 3 of the Act approved February 26, 1953, purporting to extend the corporate limits of the City of Macon to include a portion of the land described in this Act, upon the acquisition thereof by Macon Housing Authority, is expressly repealed. Section of 1953 Act repealed. Section 4. Evidence of advertising required by the Constitution of Georgia of 1945 is hereto attached and made a part hereof. Section 5. All laws or parts of laws in conflict herewith are hereby repealed. Georgia, Bibb County: Personally appeared before the undersigned attesting officer, J. Douglas Carlisle, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for three consecutive weeks, to-wit: on December 28, 1957, January 4, and January 11, 1958, during a period of sixty days immediately preceding the introduction of said bill on 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. Page 3012 Sworn and subscribed before me, this 16 day of February, 1958. /s/ R. H. Fincher, Notary Public, Bibb Co., Georgia. My Commission expires: June 10, 1961. (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of the following local legislation at the 1958 session of the General Assembly, which convenes on Monday, January 13, 1958: 1. An Act to amend section 2 of the charter of the City of Macon, as amended, relating to the corporate limits of the City of Macon, by adding thereto a description of new territory to become a part of the City of Macon; 2. An Act to amend section 46 of the charter of said City, as amended, relating to the powers of the recorder of the City of Macon, so as to define the offense of contempt of the recorder's court of the City of Macon and enlarge the powers of said recorder so as to include the power to punish for contempt of said court and to impound and condemn firearms which have been illegally used in said city; 3. An Act to amend section 48 of the charter of the City of Macon, as amended, relating to the clerk and other officers of the recorder's court so as to make specific provision for the office of the clerk of the recorder's court and his election, to define his powers and duties and to provide for his compensation; 4. An Act directing the City of Macon to close, vacate and abandon and discontinue the use of the Old City Cemetery located in a portion of square 35 and in a portion of the original right of way of Seventh Street lying east of said square in the City of Macon for cemetery purposes; directing the removal of the remains of the Page 3013 bodies buried in said Old City Cemetery, together with the headstones and monuments therein, from said square 35 and from said portion of Seventh Street, and the reinterment thereof in an appropriate area of Rose Hill Cemetery in the City of Macon set apart for said purpose; directing the City of Macon to pay the costs thereof and to erect in said portion of Rose Hill Cemetery a suitable memorial commemorating and honoring the 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 27th day of December, 1957. C. Cloud Morgan, City Attorney. Approved March 21, 1958. CITY OF WRIGHTSVILLECHARTER AMENDED. No. 296 (House Bill No. 1144). An Act to amend an Act consolidating, amending and superseding the several acts incorporating the City of Wrightsville in the County of Johnson, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating, amending and superseding the several acts incorporating the City of Wrightsville in the County of Johnson, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended, is hereby amended Page 3014 by adding a new section to be numbered section 2-A, to read: Section 2-A. The corporate limits of the City of Wrightsville shall also include all that area embraced in the following description to wit: Beginning at the point where the present corporate limits intersect with the center of the Wrightsville and Tennille Railroad on the south side of said city and running thence along the center of said railroad a distance of 150 feet south; thence in an easterly direction a distance of 400 feet to the center of the Idlewild Road; thence north along a straight line to the existing corporate limits of said city and, Corporate limits. In addition thereto, that tract or parcel of land adjoining the corporate limits of said city on the west, being the same lot of land conveyed by Harvey Ivey to Herbert T. Hicks dated April 7, 1949, and recorded in deed book 43 at page 219, in the records of the clerk of the Superior Court of Johnson 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 in accordance with section 47-801 of the annotated Code of Georgia that I intend to introduce a bill in the 1958 session of the General Assembly of Georgia to extend the municipal limits of the City of Wrightsville, Georgia. Emory L. Rowland, Representative, Johnson County, Georgia. (J. 23-F. 6-cC.) Georgia, Fulton County. Personally appeared before, the undersigned authority, Page 3015 duly authorized to administer oaths, Emory L. Rowland, who, on oath, deposes and says that he is Representative from Johnson County, and that the attached copy of notice of intention to introduce local legislation was published in the Wrightsville Headlight which is the official organ of said County, on the following dates: January 23rd, 30th, 1958 and February 6, 1958. /s/ E. L. Rowland, Representative, Johnson County. Sworn to and subscribed before me, this 13th day of February, 1958. /s/ G. Hughel Harrison, Notary Public, George, State at Large. My Commission Expires April 30, 1961. (Seal) Approved March 21, 1958. PENSIONS FOR MEMBERS OF FIRE DEPARTMENTS OF CITIES OF 150,000 OR MOREACT AMENDED. No. 298 (House Bill No. 1155). An Act to amend an Act providing that cities having a population of more than 150,000 according to the United States census of 1920, or any subsequent census, shall provide pensions for members of the fire partment of such cities, as amended (Ga. L. 1924, pp. 167-169), be further amended so as to provide credit for service in the Armed Forces of the United States in the Korean conflict; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That section 1 of an Act approved March Page 3016 6, 1956 (Ga. L. 1956, p. 3097), amending the Act set forth in the caption to this Act, be further amended by striking from the fourth line of said section the following language: and actually served in Korea so that said section 1, as amended, shall read as follows: Section 1. Any officer or employee who was inducted into service in the Armed Forces of the United States under the Department of Defense, or service in the Coast Guard of the United States either during the Korean conflict or subsequent thereto, or shall have served in the Navy in connection with such service, shall be given full credit for the time served in such service as though he were actually employed during that time by the city and shall not be required to make any contribution to the pension fund for such period of service provided such employee meets the conditions set forth in section 1 of the amendment to this Act approved February 16, 1953 (Ga. L. Jan.-Feb. Sess., 1953, pp. 2269, et seq.), except he shall not be required to make contributions as provided in subsection (f) thereof. Credit for services Armed Forces. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 21, 1958. CITY OF BREMENCHARTER AMENDED. No. 299 (House Bill No. 1164). An Act to authorize the governing authority of the City of Bremen, in Haralson County, to change the hours for holding elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The polls at all elections in the City of Bremen, including elections for mayor and council, shall be opened at 7 o'clock a. m. and closed at 6 o'clock p. m. Elections. Page 3017 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, 1958, session of the General Assembly of Georgia, a bill to amend the charter of the City of Bremen so as to change the hours for holding elections. This 27th day of January, 1958. J. W. Lunceford, Mayor, City of Bremen, Georgia. Jan. 30-Feb. 27 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold L. Murphy, who, on oath, deposes and says that he is Representative from Haralson County, and that the attached copy of notice of intention to introduce local legislation was published in the Haralson County Tribune which is the official organ of said county, on the following dates: January 30, February 6 and February 13, 1958. /s/ Harold L. Murphy, Representative, Haralson County. Sworn to and subscribed before me, this 14 day of Feb., 1958. /s/ Frank H. Edwards, Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. (Seal) Approved March 21, 1958. Page 3018 PENALTY FOR FAILURE TO RETURN PROPERTY FOR TAXES IN CERTAIN COUNTIES. Code 92-6913 Amended. No. 300 (House Bill No. 1106). An Act to amend section 92-6913 of the Georgia Code (Ga. L. 1937, p. 520), by striking the penalty provision of 10% (minimum of $1.00 where the tax is less than $10.00) and to provide in lieu thereof that in all cases where property is not returned for taxation, a penalty of 10% of the assessed taxable value shall be added to the assessment for that year; to provide that this amendment shall apply only in counties of the state having within their borders a population of 300,000 or more according to the United States Census of 1950 or any future census to provide for the repeal of 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 in all counties having within their borders a population of 300,000 or more according to the United States Census of 1950 or any future census, section 92-6913 of the Georgia Code (Ga. L. 1937, p. 520), be amended as follows: Section 1. To provide that Code section 92-6913 of the Georgia Code (Ga. L. 1937, p. 520), be amended by striking therefrom the following language: In all cases where unreturned property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the amount of state and county taxes due a penalty of ten (10) per cent, except that if the principal sum of the tax so assessed is less than ten ($10.00) dollars in amount, the board shall add to the amount of state and county taxes a penalty of one ($1.00) dollar. and by inserting in lieu thereof the following: Page 3019 In all cases where unreturned property is assessed by the Board after the time provided by law for making tax returns has expired, the Board shall add to the assessment of said property a penalty of ten (10%) per cent, which shall be included as a part of the taxable value for such year. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 21, 1958. PENSION PLANS FOR OFFICERS AND EMPLOYEES OF CERTAIN CITIES AMENDED. No. 301 (House Bill No. 1068). 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. That the Act approved March 13, 1957, (Ga. L. 1957, pp. 3272-3275) amending the Act described in the caption hereof be amended by striking section 2, relating to benefits for retired employees over seventy years of age, and by substituting in lieu thereof a new section 2 as follows: Page 3020 Section 2. Pension payments due all former officers and employees who have retired prior to April 1, 1955, and have been awarded a pension under the provisions of this Act, who have reached seventy years of age, or who shall hereafter reach seventy years of age, shall be recomputed 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 set out in this Act as amended. Additional benefits. Section 2. The Board of Trustees shall permit any officer or employee who is eligible for pension benefits or increased pension benefits under this Act as amended and who is not now making the required contributions for such benefit, to become a member of such pension fund and to participate in the increased benefits provided by this Act as amended provided such officer or employee shall pay into the pension funds of such city an amount which would be equal to the amounts which he would have been required to pay had he exercised his privileges upon becoming eligible for such benefits. These payments shall be increased by 4% per annum from the dates such payments would have been due and may be paid over a period of fifty months. The Board of Trustees shall by rules provide for the exercise of the options herein authorized. Additional contributions in certain cases. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 21, 1958. Page 3021 DAWSON COUNTYTAX COMMISSIONER'S COMPENSATION. No. 302 (House Bill No. 956). An Act to amend an Act creating the office of county tax commissioner of Dawson County, approved March 2, 1943 (Ga. L. 1943, p. 925), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1589), so as to change 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 Dawson County, approved March 2, 1943 (Ga. L. 1943, p. 925), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1589) is amended by striking from section 7 thereof the words and figures, twelve hundred ($1,200.00) dollars, and inserting in lieu thereof the words and figures, eighteen hundred ($1,800.00) dollars, so that said section, as amended hereby, shall read as follows: Section 7. Be it enacted by the authority aforesaid that the salary of the county tax commissioner for Dawson County, Georgia be and the same is hereby fixed at eighteen hundred ($1,800.00) dollars per annum, payable monthly out of the general funds of said 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 1958 session of the General Assembly of Georgia a bill to increase the compensation of the tax commissioner of Dawson County; and for other purposes. Page 3022 This 18th day of January, 1958. 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: Jan. 17, Jan. 24, and Jan. 31, 1958. /s/ R. H. Kelley, Representative, Dawson County. Sworn to and subscribed before me, this 3rd day of Feb., 1958. /s/ John Tye Ferguson, Notary Public. My Commission Expires Oct. 10, 1961. (Seal) Approved March 21, 1958. CITY OF MOUNTAIN VIEWCHARTER REPEALED. No. 303 (House Bill No. 763). An Act to repeal an Act entitled An Act to create and incorporate the City of Mountain View, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; Page 3023 to authorize said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the conduct of business; to provide for a referendum before this Act becomes effective; and for other purposes. approved August 23, 1956 (Ga. L. 1956, p. 2518); to provide for a referendum for this 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 create and incorporate the City of Mountain View, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for sai dcity, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the conduct of business; to provide for a referendum before this Act becomes effective; and for other purposes. approved August 23, 1956 (Ga. L. 1956, p. 2518) is hereby repealed in its entirety. Section 2. This Act shall not become effective until Page 3024 it has been approved by a referendum election by the qualified voters of the City of Mountain View. If the provisions of Code chapter 69-1, as amended, shall be in effect, then such referendum election shall be conducted under the provisions of said Code chapter 69-1. If the provisions of Code chapter 69-1 shall not be in effect, then the municipal authorities in charge of said municipality shall within ten days from the date this Act is approved by the Governor call an election to be held within 30 days from the date of said call. Notice of said election shall be published in the official organ of Clayton County, Georgia. Said election shall be held under the same rules and regulations covering the election of officers of said municipality, at which election there shall be submitted to the qualified voters of the City of Mountain View, Georgia, the question of whether the existing charter shall be repealed or not. The ballot prepared for said election shall have printed thereon the words for repeal of present municipal charter, and against repeal of present municipal charter. The results of said election shall be declared by the rules and regulations governing elections in the City of Mountain View, Georgia. If a majority of the votes cast in said election be for repeal of the present charter, this Act shall become effective immediately, and if a majority of the votes cast are against repeal of the present charter, then this Act shall be null and void. Referendum. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. Affidavit. Before me, an officer of said State and county, duly authorized by law to administer oaths, personally appeared Jimmy Collins, who being first duly sworn, deposes and on oath says: That deponent is business manager of the Forest Park Free Press and Clayton County News and Farmer, a Page 3025 newspaper having general circulation published in Clayton County, Georgia, in which the sheriff's advertisements for Clayton County are published, and he does further certify that an exact copy of the attached notice was published in the Forest Park Free Press and Clayton County News and Farmer on December 18, 26, 1957 and January 2, 1958. /s/ Jimmy Collins, Business Manager, Forest Park Free Press and Clayton County News and Farmer. Sworn to and subscribed before me, this 6 day of January, 1958. /s/ W. V. George, Notary Public, Clayton County, Georgia. My Commission Expires Aug. 29, 1959. (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned will apply to the session of the General Assembly of Georgia, convening in January, 1958, for the passage of legislation submitting to the people of the City of Mountain View, Georgia, by referendum the repeal of an Act creating and incorporating said City, entitled: Mountain View Charter No. 150 (House Bill No. 287) Approved Feb. 23, 1956, providing as follows: An Act to create and incorporate the City of Mountain View, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to levy and collect a tax for purposes authorized herein; to authorize Page 3026 the construction of waterworks, sewers, streets, parks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the conduct of business; to provide for a referendum before this Act becomes effectives; and for other purposes, and for other purposes related thereto. J. Frank Blalock, J. B. Conkle, Leroy Stone. 1-2 Approved March 25, 1958. BAKER COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES AND COMMISSIONERS' CLERK. No. 305 (House Bill No. 1081). An Act to amend an Act creating a board of commissioners of roads and revenues for Baker County, approved August 8, 1917 (Ga. L. 1917, p. 306), as amended, particularly by an Act approved March 7, 1935 (Ga. L. 1935, p. 576), so as to change the compensation of the commissioners and the clerk; to provide additional compensation for the chairman; 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 revenues for Baker County, approved August Page 3027 8, 1917 (Ga. L. 1917, p. 306), as amended, particularly by an Act approved March 7, 1935 (Ga. L. 1935, p. 576), is hereby amended by striking section 7 in its entirety and in lieu thereof inserting the following: Section 7. Each member of said board shall be compensated in the amount of twenty-five ($25.00) dollars per meeting. The board is authorized to compensate the chairman of the board in an additional amount to the compensation provided for each meeting a sum of not to exceed twenty-five ($25.00) dollars per month. Such sum shall be paid monthly from the funds of Baker County. Compensation of Board. Section 2. Said Act, as amended, is further amended by inserting a new section to be numbered section 8-A, to read: Section 8-A. Any other provision of this Act to the contrary notwithstanding, the board is hereby authorized to fix the compensation of the clerk in an amount not to exceed one hundred ($100.00) dollars per month. Such sum shall be payable monthly from the funds of Baker County. Clerk's salary Section 3. 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 otherwise becomes law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Georgia, Baker County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958 session of the General Assembly of Georgia; a bill to provide for compensation for the board of commissioners of roads and revenues and the clerk of Page 3028 said board and to fix a maximum therefor and for other purposes. This 27th day of January, 1958. K. E. Jones, Representative, Baker County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, K. E. Jones, who, on oath, deposes and says that he is Representative from Baker County, and that the attached copy of notice of intention to introduce local legislation was published in the Albany Herald which is the official organ of said county, on the following dates: Jan. 21, Jan. 28, Feb. 3, 1958. /s/ K. E. Jones, Representative, Baker County. Sworn to and subscribed before me, this 11 day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved March 21, 1958. CITY OF BREMENCHARTER AMENDED. No. 306 (House Bill No. 1163). An Act to amend an Act approved December 30, 1898 (Ga. L. 1898, pp. 136-144), entitled An Act to repeal an Act entitled an Act to incorporate the Town of Bremen, adopted September 5th, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the Page 3029 charter of the Town of Bremen, and to enact in lieu thereof a new charter for said town, etc., and the several Acts amendatory thereof, so as to authorize the paving, repaving, curbing, and widening of any street, or streets, now existing or hereafter created or accepted within the city limits of the City of Bremen, Georgia; the sharing of the expenses by the said City of Bremen, assessments; notices; 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 December 30th, 1898 (Ga. L. 1898, pp. 136-144), entitled An Act to repeal an Act entitled an Act to incorporate the Town of Bremen, adopted September 5th, 1883 and to repeal all Acts amendatory of said Act, so as to repeal the charter of the Town of Bremen, and to enact in lieu thereof a new charter for said town, etc., and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. The mayor and council shall have power and authority, in its discretion, either by the city itself, by contract, or otherwise, or by authority, direction and supervision of said city, acting through its mayor and council to widen, construct, pave, re-pave, curb, and otherwise permanently improve any and all streets, and to maintain, relocate, repair, replace and re-move street curbing. To provide funds for these purposes all curbing costs 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. Street improvements. Section 2. Provision shall be made by ordinance for all street or street curbing construction, maintenance or repairs if any part of the cost thereof is to be assessed Page 3030 against abutting or other real estate or the owners thereof. Such proposed ordinances, shall be published one time by the city clerk in a newspaper of said city at least fifteen 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 of such part thereof as the ordinance provides, will be assessed against the abutting real estate and the owners 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 fifteen 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. Any number of streets or any part or parts thereof to be so improved may be included in one resolution, or ordinance, but any protest or objection shall be made as to each street separately. After the expiration of said fifteen day notice such ordinances may be taken up and rejected or adopted at any regular meeting of the city council without further notice. Same. After the passage of such a resolution or ordinance, all property owners owning the abutting real estate to such improvement or improvements to be assessed, 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 provided for may be made. Section 3. When the city council orders any street paved or otherwise improved, upon which any public property abuts, the city council shall assess the cost of Page 3031 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 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. Assessment of costs, etc. Section 4. Cost assessed against abutting or other property and the owners thereof for 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, widening and replacing of streets, and street curbing, and extending, relocating and regarding for any of these, to the private property line of the property assessed. Same. Section 5. To secure costs of streets, 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 costs, which lien shall be prior and superior to all others except State, county and city taxes. Such lien shall continue until such assessment and interest Page 3032 thereon shall be fully paid. The City of Bremen 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. Section 6. The ordinance assessing the cost of such improvements stated in this Act and asserting a lien against the property abutting thereon shall, when entered on the deed indexes of Haralson County, Georgia, be notice of such lien from the date of the approval of such ordinance, and shall continue until same is fully paid. Notice. Section 7. When any street, 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 allowed to pay for the same, except in case of repairs, as follows: One-third cash and the balance in three equal annual installments within the next three 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-third cash and the balance in any number of equal annual installments during the next three years. Installments. Section 8. Costs assessed against property and the owner thereof for street, curbing, 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. Same. Section 9. The city council shall have full power and authority to enforce collection of amounts so assessed by execution against the real estate so assessed and the Page 3033 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 Bremen 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 Haralson 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. Levy of executions. Section 10. 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. Railroad tracks. Section 11. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, session of the General Assembly of Georgia, a bill to amend the charter of the City of Bremen so as to provide for street improvements in the City of Bremen, Georgia, and for other purposes. This 27th day of January, 1958. J. W. Lunceford, Mayor, City of Bremen, Ga. Jan. 30, Feb. 27 Page 3034 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold L. Murphy, who, on oath, deposes and says that he is Representative from Haralson County, and that the attached copy of notice of intention to introduce local legislation was published in the Haralson County Tribune which is the official organ of said county, on the following dates: January 30, February 6 and February 13, 1958. /s/ Harold L. Murphy, Representative, Haralson County. Sworn to and subscribed before me, this 14 day of Feb., 1958. /s/ Frank H. Edwards, Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. (Seal) Approved March 21, 1958. CITY OF MILANCHARTER AMENDED. No. 308 (House Bill No. 954). An Act to amend an Act approved March 28, 1947, pages 1645-1663 of the Acts of the General Assembly of Georgia of 1947 establishing a new charter for the City of Milan, Georgia, so as to abolish the office of city treasurer thereof, to provide for the election of a city clerk by the mayor and council of said municipality, to provide for the term of office of the mayor and council, to provide for their qualifications for such offices, to provide for the qualifications of voters in said municipality, to provide for the issuance of checks or vouchers of said municipality, to prohibit the mayor Page 3035 and council of said city from issuing bonds, revenue certificates or otherwise pledging future income or revenue of said city without a majority vote of the qualified voters within said municipality favorable to the incurring of such indebtedness, and to extend the city limits of said municipality, 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 section 2, Page 1647 of the Acts of the General Assembly of 1947 be and is hereby amended by striking said section in its entirety and inserting in lieu thereof the following language which shall be section 2 of said Act as follows: That from and after the passage of this Act begining at an election to be held on the 2nd Monday in December, 1958, and every 2 years thereafter there shall be elected a mayor and 5 councilmen for said municipality whose terms of office shall be for 2 years from the date of heir election and qualifications as mayor and councilmen. Election of Mayor and Councilmen. That the election of such officers shall be held in said city at the usual place for holding city elections or at such other place as the mayor and councilmen or a majority of them may designate by written notice posted on the door of their usual meeting place for 5 days next preceding the date of election on the 2nd Monday in December, every 2 years as herein provided. That the mayor of said city shall be paid an annual salary of $200.00 per year; that the councilmen of said city shall be paid the sum of $50.00 per year for their services. That said mayor and council or a majority of them shall have the authority to employ a city clerk and to fix his salary. That said clerk shall have been a resident of said municipality for at least 12 months preceding his election and shall also be a taxpayer and property owner within the corporate limits of said municipality. That also, beginning with the election to be held on the 2nd Monday in December, 1958, the mayor and councilmen shall have resided within said municipality for at least 12 months prior to their election as such and shall each also be property owners and taxpayers within said municipality. That the city clerk of said city shall collect all funds due said city giving receipts for the same, and keeping a duplicate receipt thereof in a proper book to be approved by the mayor and council, and shall be subject to have his books and accounts inspected by the mayor and council monthly, if desired, or audited on their request. That no funds of said city now on hand or hereafter collected shall be paid out or disbursed except on a voucher of said city issued by the mayor and countersigned by the city clerk, a duplicate receipt of each of said vouchers or checks is to be retained by said city clerk in a proper book of accounts of said city to be approved by the mayor and council. That should there become a vacancy in either of the present offices of city clerk and city treasurer either by death, resignation, or otherwise prior to the election to be held on the 2nd Monday in December, 1958, the present mayor and council of said city shall have authority to elect a clerk who shall handle the functions of the present offices of city clerk and city treasurer. Salaries. City clerk. Page 3036 Section 2. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that section 10, page 1650 of an Act approved March 28, 1947, creating a new charter for the City of Milan be stricken in its entirety and inserted in lieu thereof the following language, which shall be section 10 of said Act and to read as follows: Be it further enacted, that in case of any vacancy among the members of council or in the office of the mayor, either by death, resignation, failure to elect or removal from office, or removal from the city, or other cause, the mayor shall order a new election to fill said vacancy, giving 10 days' notice thereon in writing in two or more public places in said city. And the registration for the last preceding election shall be applicable thereto; in case of the death of the mayor, his resignation, removal from office or removal from the city or a vacancy from Page 3037 any other cause in the office of the mayor, the said council shall in like manner order an election for filling said vacancy, in each case giving 10 days' notice in writing at two or more public places in said city, and the registration of the last preceding election shall be applicable thereto; provided that, if any vacancy shall occur within six months next preceding the regular election, no special election shall be called to fill said vacancy; if the vacancy is in the office of the mayor, the mayor pro tempore shall, upon taking the oath as mayor, serve out the unexpired term, and the said council shall elect a new mayor pro tempore; if the vacancy is in the office of the clerk, the mayor and council shall proceed to employ a new clerk to fill out the unexpired term; if the vacancy is in the office of alderman, there shall be no election to fill out the same, unless the council is reduced by vacancies to less than a quorum, which is hereby declared to consist of 3 aldermen, besides a mayor or acting mayor. And should it become necessary to hold an election for alderman the said election shall be held for the purpose of electing as many aldermen as is required to make the number of aldermen when elected and qualified to be five. Vacancies. Section 3. Be it further enacted that section 13, page 1652 of said Act be and is hereby amended by striking the words, or city treasurer, so that said section 13, as amended shall read as follows: Section 13. Be it further enacted that no person shall be eligible as mayor or alderman or clerk of Milan unless such person is a qualified voter of said city at the time of his election to such office. Section 4. Be it further enacted that section 17, page 1653 of said Act be and is hereby amended by striking the words, the city treasurer and, from said section so that said section as amended will read as follows: Section 17. Be it further enacted that the city clerk shall take such oath of office as the mayor; shall be a qualified voter and shall perform such additional duties Page 3038 not herein mentioned as may devolve on him under any ordinances of said city and by direction of the mayor and council. Section 5. Be it further enacted that a new section, to be numbered section 49A, be added to said Act and to read as follows: Section 49A. That the present city limits of said municipality between what is known therein as the new Chauncey Road or Highway and Main Street be extended through 4th Avenue and then 210 feet in all directions between said new Chauncey Road and said Main Street. Georgia, Telfair County. Corporate limits. Personally appeared before the undersigned officer, J. C. Walker, who on oath deposes and says that he is representative for Telfair County, in the General Assembly of Georgia. That in such capacity he caused to be published in The Telfair Enterprise, McRae, Georgia, notice of the foregoing legislation as required by law. This 4th day of February, 1958. /s/ Jim C. Walker, Representative of Telfair County. Sworn to and subscribed before me, this 4th day of February, 1958. /s/ Lamar Murdaugh, Jr., (Seal). Notary Public. My commission expires May 26, 1959. Approved March 21, 1958. Page 3039 CITY OF DORAVILLECHARTER AMENDED. No. 310 (House Bill No. 1127). An Act to amend the City Charter of Doraville approved on February 17, 1949, (Ga. L. 1949, pp. 738-759), to redefine the corporate city limits of Doraville as of December 31, 1957, by striking section 2 of the said city charter of said date on page 739 of Georgia Laws substituting therefor the following 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 further enacted by authority aforesaid, that section 2 of the Charter of the City of Doraville as it appears in Georgia Laws 1949 at page 739 be stricken and the following substituted therefor to be known as section 2: Section 2. Be it further enacted by authority aforesaid, that the incorporate limits of the City of Doraville, as herein incorporated, and reincorporated and shall consist of and include all of the territory described as follows: Beginning on the west side of the intersection of Shallowford Road and Carroll Avenue on land lot line 297-281; thence along the east side of Chamblee Tucker Road 1,080 feet to the intersection of Bagley Drive and Chamblee Tucker Road; running thence on the west side of Bagley Drive 240 feet to a point; running thence west 147 feet to a point; running thence northwesterly 195 feet to a point; running thence north 385 feet to land lot line 281-297; running thence along land lot line 281-297, 900 feet to a point; running thence south 155 feet to the north side of Belaire Circle; running thence east 185 feet along the north side of Belaire Circle to the intersection of Belaire Circle and Fair Lane Drive; running thence north along the west side of Fair Lane Drive 155 feet to land lot 296-295; running thence along land lot line 296-295, 7300 feet to the south side of the Buford Highway; running thence along the south side of Buford Highway 4,500 feet to the intersection of land lot line 337-338 and the south side of Buford Highway; thence south along land lot line 337-338, 4,400 feet to the intersection of the extension of said land lot line with the south boundary of Oakcliff subdivision; thence along the south boundary of Oakcliff subdivision 3500 feet to the intersection of the south boundary of Oakcliff subdivision and land lot line 318-319; running thence north along the land lot line 318-319, 1800 feet to the Gwinnett County line; thence N 62 degrees W 700 feet to a point on the Gwinnett County line; thence N 46 degrees30 minutes W 2600 feet to the south side of the Buford Highway; thence along the south side of the Buford Highway 400 feet to the Gwinnett County line; thence N 32 degrees W 700 feet to a point on the Gwinnett County line; thence S 60 degrees 30 minutes W 800 to a point; thence N 39 degrees 30 minutes W 225 feet to a point of land lot line 337-340; thence west along land lot line 337-340, 2600 feet to the intersection of land lot line 340-341; thence north along land lot line 340-341, 3,000 feet to the north boundary of land lot line 341; thence west 3,000 feet along the north boundary line of land lot line 341 to the intersection of land lot 341-342 with the north boundary of land lot 341; thence south along land lot line 341-342, 900 feet to the north side of Nancy Creek; thence along the north side of Nancy Creek 1550 feet to a point on the north side of Nancy Creek; thence south 100 feet to Beacon Drive; thence south 550 feet to land lot line 341-336; thence west along land lot line 336-341, 3,425 feet to the intersection of land lot line 334-335; thence south 7600 feet to a point on land lot line 309-310; thence S 53 degrees E 300 feet to the south spur track of the Southern Railroad; thence S 26 degrees E 1700 feet to the east side of Shallowford Road; thence along the east side of Shallowford Road 2700 feet to the point of beginning. Corporate limits. Page 3040 The above description being as per plat made by Garcia and Associates, Inc., Architects-Engineers, Chamblee, Page 3041 Georgia, dated 11-18-57, revised 1-23-58, on file with the city clerk of the City of Doraville. Section 1-A. Section 2 (a) of an Act approved March 28, 1947 (Ga. L. 1947, p. 1263) enacting a new charter for the City of Doraville, which section provides for a method of the extension of the corporate limits of the City of Doraville, is hereby repealed in its entirety. Section of 1947 Act repealed. Section 2. All acts in conflict herewith are hereby repealed. Section 3. Should any part of the foregoing Act be declared invalid or void, then the remainder shall remain in full force and effect. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oaths 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 19, December 26, 1957 and January 2, 1958. The DeKalb New Era /s/ W. H. McWhorter W. H. McWhorter, Managing Editor. Sworn to and subscribed before me this 20th day of December, 1957. /s/ Ann Hardy Notary Public, DeKalb County, Georgia. My commission expires July 26, 1961. (Seal). Page 3042 Copy of Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Doraville will apply to the next session of the General Assembly of Georgia for passage of local legislation amending the city charter of Doraville. This 10th day of December, 1957. City Commission of Doraville By E. A. Heibel, Chairman of the City Commission. 12-19-3t. Approved March 21, 1958. BOARD TO EXAMINE ELECTRICIANS IN CERTAIN COUNTIES. No. 311 (House Bill No. 765). An Act to provide for the examination for qualified electricians, for the right to engage in said vocation in counties having a population of not less than 22,650 and not more than 23,450, according to the United States Census of 1950 or any future United States Census; to create a Board of Examiners for said purposes; to provide for the issuance and renewal of certificates; to provide for a penalty for the violation of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in all counties of this State having a population of not less than 22,650 and not more than 23,450, according to the United States Census or any future United States Census, a Board of Page 3043 Examiners to determine the fitness of qualified electricians. Said Board shall also license qualified electricians to engage in such vocation. The purpose of such licensing shall be to safeguard the life, health and property of the citizens of such counties. For the purpose of this Act a qualified electrician is defined as a person who assumes the responsible charge either for himself or direction of other persons in the installation of wiring for light, heat, and power, and is skilled in the art of electrical superintending and has sufficient practical knowledge of electricity to efficiently and properly assume the responsible charge and direction of other persons in the installation of wiring for light, heat and power. Counties where applicable, board created, purpose. Section 2. All persons desiring to practice the vocation of qualified electrician shall be required to stand an examination as to their knowledge and skill, so as to come within the definition of qualified electrician hereinbefore given. The Board of Examiners shall consist of two qualified electricians, a county electrical inspector, and two contracting qualified electricians. Said Board of Examiners shall be appointed by the governing authorities of said counties. Two shall be appointed for terms ending January 1, 1959, and three shall be appointed for terms ending January 1, 1961, and their successors shall be appointed for a term of four years. In the event of a vacancy occurring on said Board of Examiners, the governing authorities of said county shall make appointment of a person to fill the unexpired term, consistent with the vacancy. Board, examination. Section 3. Each of the members of said Board of Examiners shall take an oath before the judge of the superior court in said counties, that he will faithfully perform the duties of his office. Said Board of Examiners shall have the right to elect a chairman and secretary thereof and shall designate the time and place for holding examinations of applicants desiring to obtain a certificate as a qualified electrician. Same. Examinations shall be made up by such board in such manner as to test knowledge and skill of applicants. Page 3044 Examinations shall be held at such time and place as may be fixed by the Board of Examiners, at least quarterly. Each person desiring to qualify as a qualified electrician under the terms of this Act shall, before taking examination, pay to the secretary of the Board of Examiners the sum of $10.00. Any applicant failing to pass his first examination for a certificate as a qualified electrician, shall be entitled to take another examination within six months from date of his failure. Fees. All certificates provided for herein, shall be renewed annually not later than 30 days after the first day of January of each year, and all holders of certificates shall be entitled to renewal thereof upon payment of a renewal fee of $5.00 per annum, which fee shall be turned into the treasuries of such counties. Licenses. All members of the Board of Examiners appointed by the governing authorities of such counties shall be compensated for serving on said Board. The amount of annual compensation shall be set and determined by said governing authorities. Compensation shall be paid semiannually to members of the Board of Examiners. Compensation of Board. Section 4. No person shall assume title of, or perform any work in such counties coming within this Act, as a qualified electrician, unless and until he shall have received a certificate as provided for in this Act. The county electrical inspector may prefer charges against a qualified electrician for habitual violation of installation rules, and after a public hearing before the Board of Examiners, said board revoke said qualified electrician's certificate if charges are sustained. Intent, crimes. Section 5. Any person violating any provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof, punished as for a misdemeanor. Same. Section 6. If any clause, sentence, or paragraph, or Page 3045 part of this Act shall for any reason be held by any court of competent jurisdiction to be invalid, said judgment shall not affect or impair or invalidate the remainder of this Act, but shall be confined to its operation to the clause, sentence, paragraph or part directly involved in controversy in which said judgment was rendered. Section 7. None of the provisions of this Act shall apply within the limits of any municipality of this State lying within such counties, except where the municipalities do not now have electrical inspections departments, and request through a proper resolution that the county electrical inspector inspect all work in the respective city, said work shall meet with the prescribed rules of the county and all qualified electricians shall be qualified through the same Board of Examiners as provided for in this Act. Where applicable. Section 8. The provisions of this Act shall not apply to public utility corporations operating under the supervision of the Georgia Public Service Commission. Intent. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. CITY OF ALBANYCHARTER AMENDED. No. 312 (House Bill No. 1012). An Act to amend an Act creating and establishing a new charter for the City of Albany, Georgia, approved August 18, 1923, by striking section 2 of said Act, as amended, defining the corporate limits of said city and providing the boundaries of the various wards and inserting in lieu thereof a new description of the territory to be included within the corporate limits of the City of Albany; to define the police limits; and to Page 3046 define the territory to be included within the various wards of the City of Albany, 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 approved August 18, 1923 (Ga. L. 1923, pp. 370-418) as amended, creating and establishing a new charter for the City of Albany, be, and the same is hereby amended by striking section (2) two of said Act, as amended, defining the corporate limits of said city, providing boundaries of the various wards, and inserting in lieu thereof a new section to read as follows: Section 2. The corporate limits proper of the City of Albany shall be as follows: With the southeast corner of the intersection of Slappey Drive and Gordon Avenue as a beginning point, run westerly along the south side of Gordon Avenue extended westerly to the west side of Walnut Street; thence South 1 0 east along the west side of Walnut Street for a distance of thirteen hundred ten (1310.0) feet to the south side of a twenty (20.0) foot alley; thence south 89 0 west along the south side of said twenty (20.0) foot alley, a distance of twelve hundred twenty-eight and three tenths (1228.3) feet to the west line of land lot number 375 first land district of Dougherty County; thence north 0 10 east along the west line of land lot number 375, for a distance of seven hundred forty five (745.0) feet to a point; thence north 89 0 east, a distance of one hundred fifty (150.0) feet to the west side of a twenty (20.0) foot alley; thence north 0 10 east along the west side of said twenty (20.0) foot alley, a distance of five hundred seventy five (575.0) feet to the south side of Gordon Avenue extended westerly; thence westerly along the south side of Gordon Avenue extended westerly to a point where the south side of Gordon Avenue extended westerly intersects the west line of land lot number 403 in the first land district of Dougherty County; thence Page 3047 north along the land lot line between land lots number 403 and number 414, to the south side of a twenty (20.0) foot alley one hundred forty five (145.0) feet south of Highland Avenue in Avondale B. subdivision; thence run west along the south side of said alley extended west to a point on the west side of Ingleside Drive; thence run northeasterly along the west side of Ingleside Drive to the south side of Broad Avenue; thence run northwesterly along the west side of Broad Avenue to the north side of Gillionville Road; thence run easterly along the north side of Gillionville Road to the land lot line between land lots number 404 and number 413; thence run north along the land lot line between land lots number 404 and number 413, number 405 and number 412, to a point fifteen hundred thirty eight (1538.0) feet, more or less, south of the intersection of the land lot lines between land lots number 405 and number 406, number 411 and number 412; thence run a line south 45 59 west, a distance of eleven hundred one and six tenths (1101.6) feet, to a point; thence north 44 01 west, a distance of nine hundred fifty five (955.0) feet, to a point; thence north 60 08 west, a distance of two hundred one (201.0) feet, more or less to the west side of a twenty (20.0) foot alley which runs along the west side of Lake Park subdivision; thence run along the west side of said twenty (20.0) foot alley to the south side of Kenilworth Drive; thence westerly along the south side of Kenilworth Drive for a distance of three hundred eighty (380.0) feet to the west side of Robin Hood Road Alley; thence run north 2 12 east along the west side of Robin Hood Road Alley, a distance of three hundred ninety seven and nine tenths (397.9) feet to a point; thence north 36 04 east, a distance of four hundred nine and nine tenths (409.9) feet to a point; thence north 0 54 east, a distance of two hundred eighty two and three tenths (282.3) feet to a point; thence north 18 34 east, a distance of three hundred seventy five and seven tenths (375.7) feet to a point; thence north 53 01 east, a distance of five tenths (0.5) feet to a point; thence north 52 49 west, a distance of one hundred forty two and two tenths (142.2) feet to the Page 3048 south side of School House Lane; thence run easterly along the south side of School House Lane to the south side of Dawson Road; thence run southeasterly along the south side of Dawson Road, a distance of three hundred eighty one and six tenths (381.6) feet to a point; thence run north 47 23 east, a distance of fifty (50.0) feet to the north side of Dawson Road; thence run north-westerly along the north side of Dawson Road, a distance of two hundred eighty seven and one tenth (287.1) feet to the north side of a twenty (20.0) foot alley; thence run north 88 10 east along the north side of said twenty (20.0) foot alley, a distance of seven hundred fifteen and thirty-six hundredths (715.36) feet to the west side of a twenty (20.0) foot alley; thence north 1 50 west along the west side of said twenty (20.0) foot alley, a distance of two hundred thirty three and thirty three hundredths (233.33) feet to the south side of a twenty (20.0) foot alley; thence run north 88 10 west along the south side of said alley, a distance of nine hundred sixteen and sixty-five hundredths (916.65) feet to the north side of Dawson Road; thence run north 42 37 west, along the north side of Dawson Road, a distance of one hundred three and thirty five (103.35) feet to the north side of Twelfth Avenue; thence run easterly along the north side of Twelfth Avenue, a distance of two hundred six and ninety eight hundredths (206.98) feet to the west side of a twenty (20.0) foot alley; thence run north 42 37 west, along the west side of said twenty (20.0) foot alley, a distance of four hundred seventy one and twenty eight hundredths (471.28) feet to a point; thence run north 1 50 west along the west side of said twenty (20.0) foot alley to a point on the north side of Whispering Pines Road; thence run east along the north side of Whispering Pines Road to the east line of land lot number 410, first land district of Dougherty County; thence run south along the east line of land lots number 410 and 411, a distance of nineteen hundred four (1904.0) feet to a point where the south side of Lionel Lane extended east intersects the east line of land lot number 411; thence run south 88 10 west along the south side of Lionel Lane extended Page 3049 east, a distance of one hundred forty and forty five hundredths (140.45) feet to the east side of Doncaster Drive; thence west along the south side of Lionel Lane and Lionel Lane extended west, a distance of nine hundred ten (910.0) feet to a point one hundred fifty (150.0) feet west of Barnsdale Way; thence run north 1 40 west, a distance of two hundred eighty (280.0) feet to the south side of a twenty (20.0) foot alley; thence run westerly along the south side of said twenty (20.0) foot alley to the north side of Dawson Road; thence run southeasterly along the north side of Dawson Road to the west boundary line of Green Acres subdivision; thence run northerly along the west boundary line of Green Acres subdivision to the line which runs east and west between Green Acres subdivision and Crown Hill Cemetery; thence run easterly along said line between Green Acres subdivision and Crown Hill Cemetery to the west side of a fifteen (15.0) foot alley; thence run north 19 25 east along the west side of said fifteen (15.0) foot alley, a distance of nine hundred ninety three and fifty five hundredths (993.55) feet to the south side of a sixty (60.0) foot street; thence run easterly along the south side of said sixty (60.0) foot street, a distance of one hundred seventy five (175.0) feet to a point thirty (30.0) feet west of North Hilltop Drive; thence run northeasterly along a line which is thirty (30.0) feet west of and parallel to Hilltop Drive, to the southside of a twenty (20.0) foot alley running east and west at the western intersection of North Hilltop Drive and Eleventh Avenue; thence run west along the southside of said twenty (20.0) foot alley, a distance of two hundred forty one and five tenths (241.5) feet to the west side of a twenty (20.0) foot alley; thence run north along the west side of said twenty (20.0) foot alley, a distance of two hundred eighty four (284.0) feet to the south side of a twenty (20.0) foot alley; thence run west along the south side of said twenty (20.0) foot alley, a distance of eleven hundred sixty (1160.0) feet to a point on the west boundary line of Groveland subdivision; thence run northerly along the west boundary line of Groveland subdivision, a distance of two hundred fifty six and one tenth (256.1) feet to Page 3050 a point on the north side of Twelfth Avenue, said point being one hundred ninety (190.0) feet west of the west side of Forest Glen Road; thence run northerly along the west side of a twenty (20.0) foot alley to the north line of land lot number 406 in the first land district of Dougherty County; thence run east along said land lot line between land lot number 406 and number 407 to the west side of sixty (60.0) foot street known as Greenwood Drive; thence run north along the west side of Greenwood Drive, a distance of eight hundred and fifty six hundredths (800.56) feet to the north side of a twenty (20.0) foot alley; thence run easterly along the north side of said twenty (20.0) foot alley, a distance of four hundred twenty (420.0) feet to the west side of Homewood Drive; thence south along the west side of Homewood Drive; a distance of seven and seventy six hundredths (7.76) feet to the center line of a twenty (20.0) foot alley; thence run easterly along the center line of said twenty (20.0) foot alley, a distance of nine hundred fifty five (955.0) feet to a point; thence run south 1 0 east, a distance of two hundred twenty and seven tenths (220.7) feet to a point; thence south 89 0 west, a distance of one hundred eighty five (185.0) feet to the east side of Edgewood Drive; thence south 1 0 east along the east side of Edgewood Drive, a distance of one hundred thirty two and four tenths (132.4) feet to a point; thence run in a southerly direction and a southwesterly direction along the east side of Edgewood Drive, along a curve of (303.1) foot radius, a distance of two hundred thirty eight and one tenth (238.1) feet to a point; thence in a southwesterly direction and a southerly direction along the east side of Edgewood Drive, along a curve of (243.1) foot radius, a distance of one hundred ninety and nine tenths (190.9) feet to a point; thence run south 1 0 east, a distance of fifty and seven tenths (50.7) feet to the south line of land lot number 370; thence run east along the south line of land lot number 370, a distance of seventeen hundred thirty two and fourteen hundredths (1732.14) feet to a point; thence run north 0 02 west, a distance of seven hundred seventy one and seven tenths (771.7) feet to the south side of a twenty (20.0) foot alley; thence west along the south side Page 3051 of said twenty (20.0) foot alley, a distance of nine hundred nine and eight tenths (909.8) feet to a point; thence run north 0 02 west, a distance of nine hundred twenty one and seven tenths (921.7) feet to the north side of a twenty (20.0) foot alley; thence run east along the north side of said twenty (20.0) foot alley, a distance of four hundred sixty six and four tenths (466.4) feet to the west side of a twenty (20.0) foot alley; thence run north along the west side of said twenty (20.0) foot alley, a distance of four hundred sixty seven (467.0) feet to the south right-of-way line of Stuart Avenue; thence run east along the south right-of-way line of Stuart Avenue, a distance of nine hundred fifty one and six tenths (951.6) feet to the east side of a twenty (20.0) foot alley; thence run south 0 02 east along the east side of said twenty (20.0) foot alley, a distance of eight hundred ninety two and two tenths (892.2) feet to the north side of Temple Avenue; thence run east along the north side of Temple Avenue, a distance of three hundred fifty five and three tenths (355.3) feet to the east side of a twenty (20.0) foot alley; thence run south along the east side of said twenty (20.0) foot alley, a distance of four hundred ninety five and six tenths (495.6) feet to the north side of a twenty (20.0) foot alley; thence run east along the north side of said twenty (20.0) foot alley, a distance of one hundred (100.0) feet to a point; thence run south 0 02 east, a distance of four hundred sixty five and six tenths (465.6) feet to the south side of a twenty (20.0) foot alley; thence run west along the south side of said twenty (20.0) foot alley, a distance of four hundred fifty six and five tenths (456.5) feet to the east side of a twenty (20.0) foot alley; thence run south along the east side of said alley, a distance of three hundred thirteen and five tenths (313.5) feet to the land lot line between land lot numbers 370 and 371, first land district of Dougherty County; thence run east along the land lot line between land lot numbers 370 and 371, number 367 and 366 to the north side of 14th Avenue; thence run northeasterly along the north side of 14th Avenue to the west side of Palmyra Road; thence run northwesterly along the west side of Palmyra Road, a distance of two hundred ten Page 3052 (210.0) feet to a point; thence run south 51 26 west, a distance of three hundred six and two tenths (306.2) feet to a point; thence run north 38 31 west, a distance of two hundred thirty and ninety seven hundredths (230.97) feet to the north side of 15th Avenue; thence run northeasterly along the north side of 15th Avenue, a distance of one hundred sixty seven and three tenths (167.3) feet to a point one hundred forty (140.0) feet west of the west right-of-way line of Palmyra Road; thence run north 38 31 west, a distance of seventy five (75.0) feet to a point; thence run north 49 50 east, a distance of two hundred twenty (220.0) feet to the east side of Palmyra Road right-of-way; thence run north 38 12 west along the east right-of-way line of Palmyra Road, a distance of five hundred fifty-seven (557.0) feet to a point; thence run easterly and parallel to the north side of 16th Avenue, a distance of two hundred and nine tenths (200.9) feet to the west side of a ten (10.0) foot alley; thence north along the west side of said ten (10.0) foot alley, a distance of one hundred ten (110.0) feet to the north side of a twenty (20.0) foot alley; thence run easterly along the north side of said twenty (20.0) foot alley, a distance of five hundred seventy (570.0) feet to the west side of a twenty (20.0) foot alley; thence north along the west side of said twenty (20.0) foot alley, a distance of two hundred eighty six and three tenths (286.3) feet to the north side of 17th Avenue; thence run easterly along the north side of 17th Avenue to the west right-of-way line of the Seaboard Airline Railroad; thence run south 53 45 east along the west right-of-way line of the Seaboard Airline Railroad to the south side of 14th Avenue; thence run southwesterly along the south side of 14th Avenue to the east side of Palmyra Road; thence run southeasterly along the east side of Palmyra Road to the land lot line between land lots number 366 and 367; thence run east along the land lot between land lots number 366 and 367, number 330 and number 331 to a point six hundred fifty seven and one tenth (657.1) feet west of the west right-of-way line of the Central of Georgia Railroad; thence run north 1 12 west, a distance of twelve hundred twenty two and four tenths (1222.4) feet to a point; thence north Page 3053 88 48 east, a distance of two hundred sixteen and one tenth (216.1) feet to the west right-of-way line of the Central of Georgia Railroad; thence southeasterly along the west right-of-way line of the Central of Georgia Railroad to the land lot line between land lots number 330 and number 331; thence east along said land lot line to the east side of Jefferson Street; thence run northerly along the east side of Jefferson Street to the south side of Philema Road; thence easterly along the south side of Philema Road to the east bank of the Muckafooney Creek; thence run southeasterly along the east bank of the Muckafooney Creek to the west bank of Flint River; thence run east three hundred (300.0) feet more or less to the east line of the low water mark of Flint River; thence run in a southerly direction along the east line of the low water mark of Flint River to a point where the same is intersected by the north line of Roosevelt Avenue projected east; thence run along the north line of Roosevelt Avenue projected east to the west side of a twenty (20.0) foot alley one hundred and fifty (150.0) feet west of Hobson Street; thence run northerly along the west side of said twenty (20.0) foot alley to the south side of a twenty (20.0) foot alley; thence run westerly along the south side of said twenty (20.0) foot alley, a distance of one hundred fourteen (114.0) feet to a point; thence run in a northerly direction, a distance of four hundred (400.0) feet to the north side of a twenty (20.0) foot alley; thence run easterly along the north side of said twenty (20.0) foot alley, a distance of two hundred and eighty four (284.0) feet to the west side of Hobson Street; thence run north along the west side of Hobson Street to the west right-of-way line of the Georgia Northern Railroad; thence run southeasterly along the west right-of-way line of the Georgia Northern Railroad to a point where the north line of Roosevelt Avenue projected east across Flint River intersects the west right-of-way line of the Georgia Northern Railroad; thence run in an easterly direction to the east right-of-way line of the Georgia Northern Railroad; thence run in a northwesterly direction along said right-of-way line to the south side of Residence Avenue Alley in Elon subdivision, thence run easterly along the south Page 3054 side of said Residence Avenue Alley to the east side of Swift Street; thence south along the east side of Swift Street to a point which intersects the north line of Roosevelt Avenue projected east across Flint River; thence run east along said north line of Roosevelt Avenue projected east to the east line of land lot number 231, first land district of Dougherty County; thence run south along the east line of land lot number 231 and number 230 to a point on the north right-of-way line of U. S. Highway 82; thence run in an easterly direction along the north right-of-way line of U. S. Highway 82 to a point eight hundred seventy six and five tenths (876.5) feet east of the west line of land lot number 191, first land district of Dougherty County; thence run in a southerly direction to a point two (2.0) feet north of the north line of land lot number 190, first land district of Dougherty County; thence run east and parallel to the north line of land lot number 190, a distance of two hundred ninety four (294.0) feet to a point; thence run north, a distance of fifty eight (58.0) feet to the north side of Rose Briar Avenue; thence run east along the north side of Rose Briar Avenue to the east side of East Massey Drive; thence run south along the east side of East Massey Drive to the south side of South Massey Drive; thence run west along the south side of South Massey Drive, a distance of two hundred twenty feet (220.0) feet to a point; thence run south 0 40 east, a distance of one hundred eighty six and seven tenths (186.7) feet to a point; thence run south 89 10 west, a distance of one hundred (100.0) feet to a point; thence run north 0 40 west, a distance of one hundred eighty seven (187.0) feet to the south side of South Massey Drive; thence run west along the south side of South Massey Drive to the west side of West Massey Drive; thence run north along the west side of West Massey Drive to the north line of land lot number 190; thence run west along the north line of land lot number 190, a distance of two hundred ninety-four (294.0) feet to a point on the south right-of-way line of U. S. Highway 82; thence run westerly along the south right-of-way line of U. S. Highway 82 to the land lot line between land lot number 201 and number 230; thence run south along Page 3055 the land lot line between land lots number 201 and number 230, number 202 and number 229 to north right-of-way line of the Georgia Northern Railroad; thence run northwesterly along the north right-of-way line of the Georgia Northern Railroad, a distance of twenty four hundred thirty eight (2438.0) feet to a point; thence run east a distance of four hundred and three tenths (400.3) feet to the west side of a twenty (20.0) foot alley; thence run north along the west side of said twenty (20.0) foot alley to the south side of East Mercer Avenue; thence run west along the south side of East Mercer Avenue to the east right-of-way line of the Georgia Northern Railroad; thence run northwesterly along the east right-of-way line of the Georgia Northern Railroad to a point where the north side of Whitney Avenue projected east, intersects the said east right-of-way line of the Georgia Northern Railroad; thence run westerly along the line of the north side of Whitney Avenue projected east to the east low water line of the Flint River; thence run southerly along the east low water line of Flint River to a point where the south boundary line of Sunnyland subdivision projected east intersects the east bank of Flint River; thence run westerly along the above said line of the south boundary line of Sunnyland subdivision projected east to the west boundary line of Sunnyland subdivision; thence run north along the west boundary line of Sunnyland subdivision to the north line of land lot number 336 in the first land district of Dougherty County, Georgia; thence west along the north line of land lot number 336 to the west side of Newton Road; thence run west along the north side of Lippitt Drive to the west boundary line of Lincoln Heights subdivision; thence run north along the west boundary line of Lincoln Heights subdivision to the south side of Holloway Avenue; thence west along the south side of Holloway Avenue to the west side of Cleveland Street in the low cost housing project of the Albany Housing Authority; thence north along the west side of Cleveland Street, a distance of eight hundred twenty eight (828.0) feet to the north side of Corn Avenue in the Albany Housing Authority Low cost Housing Project; thence run east along the north side of Corn Avenue, a distance of eight hundred seventy five (875.0) feet to the west side of Harding Street; thence north along the west side of Harding Street to the south side of Gordon Avenue; thence run west along the south side of Gordon Avenue to the point of beginning. Page 3056 That the limits of the City of Albany, for police purposes only, be and the same are hereby extended so as to include supervision and control over the properties of said city, including its waterworks system without the limits of the city. The jurisdiction of the police court shall include power over offenses, matters or things affecting any of the city's properties, including its waterworks system without the limits of the city. Police supervision. The city proper shall be divided into wards as follows: The first ward shall include all that part of the City of Albany lying east of Flint River and known as East Albany. Wards. The second ward shall include all that part of the City of Albany lying south of the center of Flint Avenue and Flint Avenue extended east of the center of Slappey Drive to the Flint River. The third ward shall include all that part of the City of Albany lying north of the center of Flint Avenue east of the center of Monroe Street to the Flint River. The fourth ward shall include all that part of the City of Albany lying north of the center line of Flint Avenue and Flint Avenue extended west of the center of Monroe Street to the center of Slappey Drive. The fifth ward shall include all that part of the City of Albany lying west of the center of Slappey Drive. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Page 3057 Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the ensuing January 1958 session of the General Assembly of Georgia, there will be introduced a local bill to redefine the corporate limits of the City of Albany so as to include those areas which have, upon the unanimous petitions of all of the property owners affected, been added to the corporate area of the City of Albany, subsequently to the last amendment to the City Charter defining the city limits (Ga. L. 1951, pp. 3291-3295, sec. 2), Dated, this the 17th day of December, 1957. A. W. Holloway Representative George D. Busbee Representative Asa D. Kelley, Jr. Senator Dec. 20, 27, 1957, Jan. 3, 1958. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee and A. W. Holloway, who, on oath, depose and say that they are the Representatives from Dougherty County, and that the attached copy of notice of intention to introduce local legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: Dec. 20, 27, 1957, Jan. 3, 1958. /s/ George D. Busbee, /s/ A. W. Holloway, Representatives, Dougherty County. Page 3058 Sworn to and subscribed before me, this 6th day of February, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 21, 1958. CITY OF DORAVILLECHARTER AMENDED. No. 313 (House Bill No. 941). An Act to amend the city charter of Doraville approved February 17, 1949, (Ga. L. 1949, pp. 738-759) to increase the limitation on the salary of chairman of the board of commissioners salary to seventy-five ($75.00) dollars per month; to change the city election date to the first Wednesday in December, to provide that citizens of the city shall be qualified to vote in city election if they are qualified to vote in the next general election for members of the General Assembly of Georgia; to change the hours of which the voting polls are held open on city election days of 7:00 a.m.; 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 approved February 17, 1949, (Ga. L. 1949, pp. 737-759) being the same is hereby amended by striking the third sentence in section 4, Georgia Laws 1949, page 741 which reads as follows: Thereafter on the third Wednesday in December in each year an election shall be held to elect commissioners to take office the first Monday in January next succeeding to fill the place or places expiring on said first Monday, and inserting in lieu thereof the following sentence. Thereafter on the first Wednesday in December Page 3059 in each year an election shall be held to elect commissioners to take office the first Monday in January next succeeding to fill the place or places expiring on said first Monday. Elections. Section 2. That the act approved February 17, 1949 (Ga. L. 1949, pp. 737-759), being the same hereby amended by adding the following sentence to section 6, Georgia Laws 1949, page 742 as follows: Salaries. The chairman of the city commission shall be paid such compensation for his services as may be fixed by said city commission, not to exceed the sum of seventy-five ($75.00) dollars per month. Section 3. That the acts approved February 17, 1949, (Ga. L. 1949 pp. 737-759), being the same is hereby amended by striking section 9, Georgia Laws 1949 p. 743 and substituting therefor the following: Voters. Be it further enacted by authority aforesaid that all citizens qualified to vote in the next general election for membes of the General Assembly of Georgia, who shall have resided in the City of Doraville, Georgia, six (6) months or more immediately prior to an election, shall be eligible to vote in said city election and no others. Section 4. That the act approved February 17, 1949, (Ga. L. 1949, pp. 737-759), being the same is hereby amended by striking the last sentence on p. 744 of section 16 Georgia Laws 1949, which reads as follows: Election hours. The polls shall open at 7:00 a.m. and close at 6:00 p.m., according to the time prevailing in the City of Doraville at the time the election is held. And substituting therefor the following sentence. The polls shall open at 7:00 a.m. and close at 7:00 p.m., according to the time prevailing in the City of Doraville at the time the election is held. Section 6. Should any part of this act be declared void and illegal such shall not have the effect of impairing Page 3060 the validity of the remaining part of said act, but the same shall remain in full force and effect. Copy of Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Doraville will apply to the next session of the General Assembly of Georgia for passage of local legislation amending the city charter of Doraville. This 10th day of December, 1957. City Commission of Doraville. By: E. A. Heibel, Chairman of the City Commission. 12-10-3t. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation was duly published once a week for three weeks as required by law; said dates of publication being December 19, December 26, 1957 and January 2, 1958. The DeKalb New Era. /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Page 3061 Sworn to and subscribed before me, this 20th day of December, 1957. /s/ Ann Hardy, Notary Public, DeKalb County, Georgia. (Seal). My Commission Expires July 26, 1961. Approved March 21, 1958. CITY OF NEWNANCHARTER AMENDED. No. 314 (House Bill No. 886). An Act to authorize and direct the mayor and council of the City of Newnan to close McIntosh Street as a thoroughfare in said city at that point on said street where it intersects the right of way of the Atlanta and West Point Railroad Company and make thereof a dead end street extending from Greenville Street easterly to said right of way; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The City of Newnan, by and through its mayor and council, is hereby authorized and directed to close McIntosh Street as a thoroughfare in said city at that point on said street where it is crossed by the tracks of the Atlanta and West Point Railroad Company and make of said street a dead end street extending from Greenville Street in an easterly manner to the right of way of the Atlanta and West Point Railroad Company. Street closed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Coweta County. Before the undersigned officer duly authorized to administer Page 3062 oaths, personally appeared James J. Thomasson, who being duly sworn, on oath says: That he is the owner and publisher of The Newnan Times-Herald, the official organ of Coweta County, Georgia, and that the attached clipping is an advertisement which was run in said paper in issues of the following dates: December 24, 1957, January 2 and 9, 1958. /s/ James J. Thomasson, James J. Thomasson. Sworn to and subscribed before me, this 27th day of January, 1958. /s/ Virginia D. Millians, Notary Public, State of Georgia. (Seal). Legal Notice. To Whom it May Concern: This is to notify all concerned that the following legislation affecting Newnan, Georgia, and Coweta County, Georgia, will be introduced in the 1958 session of the General Assembly of Georgia: Bill to close McIntosh Street as a thoroughfare in the City of Newnan and make of same a deadend street extending from Greenville Street easterly to the right of way of the Atlanta and West Point Railroad Company. W. E. Barron, Clerk, City of Newnan. 12-26/1-2-9. Approved March 25, 1958. Page 3063 CITY OF BAINBRIDGECHARTER AMENDED. No. 315 (House Bill No. 785). 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 August 18, 1923 (Ga. L. 1923, p. 446), an Act approved August 18, 1923 (Ga. L. 1923, p. 447), an Act approved February 8, 1933 (Ga. L. 1933, p. 873), an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3094) and an Act approved February 22, 1957 (Ga. L. 1957, p. 2209), so as to change the corporate limits of the City of Bainbridge; 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 August 18, 1923 (Ga. L. 1923, p. 446), an Act approved August 18, 1923 (Ga. L. 1923, p. 447), an Act approved February 8, 1933 (Ga. L. 1933, p. 873), an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3094) and an Act approved February 22, 1957 (Ga. L. 1957, p. 2209) is amended by striking therefrom section 3 in its entirety and inserting in lieu thereof a new section 3 which shall read as follows: Section 3. The corporate limits of the City of Bainbridge shall be as follows: Beginning at a point where the south lot line of lot 322 of the 20th district, Decatur County, Georgia, intersects the thread of the stream of Flint River; thence east along the south lot lines of lots 322, 319, 282, 279, 242, 239 to a point half-way between the east lot line and west lot line of lots 202; thence north along a line parallel to the west lot lines of lots 202 and 201 of the 20th district of Decatur County, Georgia, and lots numbers 202, 201, 200, and 100 yards in lot 199 to a point in lot Page 3064 No. 199 which is 100 yards north of the south lot line thereof, equidistant between the east and west lot lines of said lot, and thence west on a line parallel with the north lot lines of lots numbers 200, 215, and 219 to the thread of Flint River; thence in a northwesterly direction along the thread of Flint River to a point where it is intersected by the north lot line of lot No. 293; and thence west along the north lot lines of lots numbers 293, 296, 329, 336, and 369 to the northwest corner of said lot number 369; and thence south along the west lot line of lot number 369 and lot number 370 to the southwest corner of said lot number 370; thence west to a point on the north lot line of lot number 378 equidistant between the east and west lot lines of said lot number 378; and thence south on a line parallel to the west lot line of lot number 378 across lots numbers 378, 377, 376, and 375 to the south lot line of lot number 375; and thence east along the south lot lines of lots numbers 375 and 374 to the thread of Flint River; and thence in a southeasterly direction along the thread of Flint River to the point of beginning; said corporate limits of the City of Bainbridge, Decatur County, Georgia, including all of land and water inclosed by the perimeter boundaries herein described, said corporate limits of the City of Bainbridge specifically including all of Flint River and the Jim Woodruff Reservoir north of the south lot line of lot number 322 in the 20th land district of Decatur County, Georgia, up to a point which is even with the north line of lot number 293 in the 15th district of Decatur County, Georgia, and specifically including the following land lots in Decatur County, Georgia: All of fractional lots numbers 321, 322, 320, lots numbers 319, 281, 282, 280, 279, 241, 242, 240, 239 and the west half of lots numbers 201 and 202, all in the 20th district of Decatur County, Georgia; all of fractional lots numbers 226, 225, 177, 227, 224, 223, 219, and all of lots numbers 222, 221, 203, 204, 220 205, and the west half of lots 200, 201, and 202 and the south 100 yards of the west half of lots No. 199, the south 100 yards of lot No. 206, and fractional lot No. 218 in the 15th district of Decatur County, Georgia; all of fractional lots numbers 293, 294, 295, 330, 331, 332, 333, 441, 373, 374, and lots numbers 296, 329, 336, 369, 370, 335 334, 371, 372, and the east half of lots numbers 378, 377, 376, and 375 in the 15th district of Decatur County, Georgia. Page 3065 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, 1958 session of the General Assembly of Georgia, a bill to change the corporate limits of the City of Bainbridge. This 16th day of December, 1957. John L. Taylor, H. G. Cloud, Representatives, Decatur County, Georgia. (Dec. 19, 26, Jan. 2). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Carl Cloud, who, on oath, deposes and says that he is Representative from Decatur County, and that the attached copy of notice of intention to introduce local legislation was published in the Post Searchlight which is the official organ of said county, on the following dates: Dec. 19, and 26, 1957, and Jan. 2, 1958. /s/ H. Carl Cloud, Representative, Decatur County. Sworn to and subscribed before me, this 21st day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 25, 1958. Page 3066 DODGE COUNTYCOMPENSATION OF ORDINARY. No. 318 (House Bill No. 880). An Act to amend an Act supplementing the compensation of the Ordinary of Dodge County, approved February 12, 1952 (Ga. L. 1952, p. 2431), so as to change the supplement provided for the ordinary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act supplementing the compensation of the Ordinary of Dodge County, approved February 12, 1952 (Ga. L. 1952, p. 2431), is hereby amended by striking from section 1, the words and figure forty dollars ($40.00) and inserting in lieu thereof the words and figure sixty-five dollars ($65.00), so that when so amended, section 1 shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that by virtue of the Constitution of the State of Georgia, as contained in Article XI, Section Two, Chapter 2-79, Section of the Code of Georgia, Annotated 1933, No. 2-7902, as supplemented, the County Commissioner of Dodge County, or other officer of said county who may hereafter have in charge the fiscal affairs of said county, is hereby authorized and required to pay to the Ordinary of Dodge County, and his successors in office, a monthly salary of sixty-five dollars ($65.00), the first of said payments being due and payable on the first of the month, following final passage and approval of this Act, and thereafter on the first of each succeeding month. Section 2. All law 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 1958 session of the General Assembly of Page 3067 Georgia, a bill to change the compensation of the Ordinary of Dodge County; and for other purposes. This 18th day of December, 1957. Frank P. Holder, Jr., Senator, 48th District. R. T. Wright, Representative, Dodge County. (12-183tc). 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 published in the The Times-Journal which is the official organ of said county, on the following dates: January 8, January 15, and January 22, 1958. /s/ R. T. Wright, Representative, Dodge County. Sworn to and subscribed before me, this 30th day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. Seal). My Commission Expires October 4, 1960. Approved March 25, 1958. Page 3068 TROUP COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 319 (House Bill No. 703). An Act to create a Board of Commissioners of Roads and Revenues for the County of Troup, State of Georgia; to fix the number of members of said board and to prescribe their qualifications, terms of office, compensation, manner of election, powers, duties and responsibilities and to name the present members of said board; to provide for the filling of vacancies in the board; to provide for the appointment of a clerk and an attorney for said board and to provide for a superintendent of roads; to provide when this Act shall become effective; to confer upon said board the authority to fix compensation of certain county officers and employees in accordance with an Act approved February 2, 1955 (Ga. L. 1955, p. 2006); to expressly repeal certain laws relating to the present board of commissioners of roads and revenues of Troup County and certain Acts amendatory thereof; to expressly preserve certain laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in and for the County of Troup a Board of Commissioners of Roads and Revenues to be elected and organized as hereinafter set forth, which board of commissioners shall constitute the governing authority of said county and shall exercise the powers, duties and responsibilities herein vested and imposed upon said officers. The term board when used herein shall mean the board of commissioners of roads and revenues and the term commissioner when used herein shall mean a member of the board of commissioners of roads and revenues. Created, members, etc. (a) Said board shall consist of five (5) members, each of whom shall meet the qualifications, be elected and take the oath of office as hereinafter set forth. Page 3069 (b) Said board shall at the commencement of each year, elect one of its members to serve as chairman of said board and shall elect one of its members to serve as vice-chairman of said board. (c) The member of said board elected as chairman thereof shall hold the office of chairman of said board during the one (1) year for which elected and in the event of the death, disqualification or resignation of the chairman, a new chairman shall be elected by the board to serve the remainder of the current one year term. (d) It shall be the duty of the chairman to preside at meetings of the board and serve as the executive officer of said board and in addition to the other duties now placed upon him by law, to personally inspect the public roads, bridges and other property of the county at frequent intervals, that he may know at all times the condition of the same; to see that said roads are properly worked and repaired, and in all other respects to diligently look after the interests of the county. (e) The vice-chairman shall be elected at the beginning of each year and shall serve as vice-chairman for a term of the one year for which elected or until his death, disqualification or resignation. In the event of a vacancy in said office, the commission shall elect a new vice-chairman to serve for the remainder of the current one year term. In the event of the death, disqualification or resignation of the chairman of the board, the vice-chairman shall perform the duties and authorities of the chairman until a new chairman shall be chosen as herein provided. Section 2. The members of the board of commissioners of roads and revenues for Troup County shall be elected by the voters of Troup County qualified to vote for members of the General Assembly at the general election held for members of the General Assembly in 1960 and their terms shall commence on January 1, 1961. Said commissioners shall hold office for a term of four (4) years from January 1, 1961, and shall be re-elected Page 3070 or successors elected at the general election held for members of the General Assembly every four (4) years. The term of office shall at all times commence on the first day of January immediately subsequent to their election, except in cases of vacancies as hereinafter provided in this Act. Provided, however, that the board of commissioners of roads and revenues of Troup County, Georgia, as constituted on January 1, 1958, to-wit: James E. Daniel, E. E. Edwards, John R. Newman, Guy P. Robertson and John H. Whitley are hereby named as the commissioners of roads and revenues of Troup County and they shall serve as such under this Act until their successors are elected at the general election to be held in the year 1960 and are qualified as herein provided. Elections, terms, etc Section 3. Any person to be eligible to serve as a commissioner of roads and revenues of Troup County must be at least twenty-five (25) years of age on the date of his election; must have resided in Troup County for at least two (2) years immediately preceding the date of the election and must be qualified and registered to vote for members of the General Assembly; and must reside in Troup County during his term of office. Qualifications, etc. Section 4. The members of said board, before entering upon the duties of their office, shall take oath before the ordinary of said county or in the event of his absence or inability to serve, before the clerk of superior court of said county, to discharge honestly and faithfully all the duties of said office according to the laws and the Constitution of the State of Georgia, which oath shall be subscribed by them upon the minutes of the board of commissioners of roads and revenues of Troup County. Oath. Section 5. In the event a vacancy in the membership of the board of commissioners occurs less than one (1) year of the expiration of the term of office vacated, the grand jury of Troup County shall have the power to fill such vacancy and the person so appointed shall hold office for the remainder of the term, or until his successor is elected and qualified as herein provided; in the event a vacancy occurs in said board more than one (1) year Page 3071 prior to the expiration of the term of office, such vacancy shall be filled by a special election called by the Ordinary of Troup County in the same manner as for the filling of vacancies of other county offices under the general laws of the State of Georgia, and the person so elected shall be commissioned and hold office for the remainder of said unexpired term and until his successor is elected and qualified. Provided, however, that in the event that a commissioner-elect should die, resign or become disqualified after his election but prior to the commencement of his term of office, such vacancy shall likewise be filled by a special election called by the ordinary. The expense of any such special election shall be paid out of the general funds of Troup County. Vacancies. Section 6. Said board of commissioners shall hold a regular monthly meeting on the first Tuesday in every month at the courthouse in Troup County or in the event this day falls on a legal holiday, then on the next succeeding day which is not a holiday. (a) Said regular monthly meeting may be adjourned from day to day until the business is completed, or (b) Said board may hold special meetings at any time and at any place in said county when they may deem it necessary or advisable to do so. (c) At all of such meetings, whether regular, adjourned or special, three members shall constitute a quorum for the transaction of business and the concurrence of any three of said commissioners at any such meetings shall decide all questions. Meetings. (d) At any meeting where both the chairman and vice-chairman are absent, the three remaining members may elect a temporary chairman to preside over such meeting. Section 7. The compensation for the members of said board shall be as follows: Page 3072 (a) The chairman of said board shall receive $150.00 per month, and (b) The remaining four members of said board shall each receive $125.00 per month. Compensation. (c) Said salaries to the commissioners for their services shall be paid monthly out of the treasury of Troup County. Section 8. The said board of commissioners of roads and revenues shall have and they are hereby vested with exclusive jurisdiction and control over the following county matters: (a) In directing, controlling and caring for all property of the county; (b) In levying all general and special taxes for county purposes; Jurisdiction. (c) In establishing, laying out, opening, altering or abolishing roads, private ways, bridges and ferrys, and to remove obstructions therefrom; (d) In establishing, abolishing and changing election precincts and militia districts; (e) In examining, auditing, collecting and settling all claims for or against the county; (f) In examining and auditing the accounts of all officers having the care, management, keeping, collecting and disbursing of any money belonging to the county or for its use or benefit and in bringing such accounts to a speedy settlement, and especially are they charged with the duty to examine and audit frequently the books of the county depository, the tax commissioner, the sheriff, the superintendent of public schools, or other officers of said county through whose hands funds may pass, and this may be done by said commissioners themselves or by their clerk or by an auditor designated by them and Page 3073 they may require from all such officers and depository such reports as may be necessary to keep such board full informed at all times of the financial condition of the county; (g) To make such rules, regulations and provisions for the support of the poor of the county and for the preserving and promoting of public health for the county with authority to quarantine against contagious diseases and epidemics; (h) In regulating and licensing the practice of occupations in Troup County as provided by the General Laws of the State of Georgia now in force or which may be hereinafter enacted and regulating and licensing the sale of spiritious liquors, peddling and shows in said county; (i) To regulate, supervise and control the parking of vehicles upon county property and to prevent instrusions upon County property in accordance with Code section 91-705 of the Georgia Code annotated (1933), and to provide for the enforcement thereof: (j) To enter into contracts for and on behalf of said county as hereinafter set forth; (k) To select, hire and appoint all minor officials or employees of said county whose election or appointment is not otherwise provided by law; (1) To require that all persons, firms or corporations who shall build, construct or erect any house, building, barn or outhouse or shall add to or improve any house, building, barn or outhouse within the limits of Troup County, but outside the limits of any incorporated municipality, the cost of which shall exceed the sum of $200.00, shall apply to the commissioners, or to some official designated by them, for a building permit before commencing such construction and such permit shall thereupon be issued, without charge, upon furnishing the information the commissioners may require on such application. Page 3074 Should any person, firm or corporation commence such construction without obtaining a permit as herein prescribed, said commissioners shall have authority to stop further construction until the permit is issued and assess a penalty not to exceed ten (10%) per cent of the costs of such construction, for failure to comply with the terms hereof; (m) To generally have and exercise all the powers which are by the Constitution and laws of Georgia vested in ordinaries when sitting for county purposes, except calling elections, and all powers and authority formerly vested in inferior courts, and to exercise any and all such powers as may be indispensable to their jurisdiction over matters of county finance, and to exercise any and all powers which are now, or may hereafter be granted by law, all in accordance with law. Section 9. Said board of commissioners may, in their discretion, employ a superintendent of roads and revenues who shall be elected on account of his efficiency, knowledge and skill in practical road building. Said superintendent who so elected and while holding said position shall not engage in any other business, trade or calling during his term of office. He shall have charge of laying out, building, repairing, improving and maintaining the public roads and bridges of the county under orders of the board of commissioners. He shall receive such salary as may be fixed by the county commissioners, and his term of office shall be such as may be fixed by the board with authority vested in said board to discharge him at any time, with or without cause, and employ a successor. Superintendent of Roads. Section 10. The board is hereby authorized to employ a clerk who shall receive such salary as may be fixed by the county commissioners and the term of office for the clerk shall be fixed by the board with authority vested in said board to discharge the clerk at any time, with or without cause and employ a successor. Clerk. (a) It shall be the duty of the clerk of said board to Page 3075 be present at all meetings of said board, to keep the minutes of said meeting and to record the same in a well bound book of minutes in order that they may be permanently preserved; to keep an accurate account of all funds of the county in order that he may be at all times able to tell the condition of the county finances; to keep a record of all county warrants issued, and of vouchers for the same; and to keep all other files and records and do such other work as may be directed by said board of commissioners. (b) The records of all official acts of the board of commissioners of roads and revenues of Troup County shall be public records. Section 11. The board may, in its discretion, elect some competent attorney at law who shall advise said board when requested to do so on any legal point or question about which said board shall desire information. Said attorney shall also represent said County of Troup in any litigation that may arise to which the county is a party, and for his services, said attorney shall be paid such salary or compensation as may agreed upon by said board. Attorney. Section 12. The board shall be authorized to fix the compensation to be paid all county employees and in addition thereto, shall fix the salary of the officers of the clerk of superior court of Troup County, the sheriff of Troup County, the ordinary of Troup County and the tax commissioner of Troup County and their deputies and assistants, in accordance with the provisions of an Act approved February 2, 1955 (Ga. L. 1955, p. 2006), conferring such authority and shall have the other powers conferred in such Act. Employees. Section 13. It shall be the duty of said board of commissioners of roads and revenues to have prepared annually at the May term of the Superior Court a report to be submitted to the grand jury of said court during its first week's session, giving an itemized statement of all monies received into the county treasury and from what Page 3076 sources received; also, all disbursements therefrom, when and to whom paid, with a full statement of the financial condition of the county, together with any other matters that they may see fit to embody in said report, and that said report shall be published in the public gazette of the county as a part of the presentments of the first week's grand jury, at the May term of the Superior Court of each succeeding year. Section 14. All warrants drawn on the county shall be drawn by the chairman of the board, or in the event of his absence or inability to serve, by the vice-chairman, and by the clerk of the board before being paid by the depository of the county. All warrants shall be numbered and shall show for what and on what fund drawn and the paid original and the book of stubs carefully preserved and kept on file in the office of the board. All invoices and bills rendered against Troup County and all invoices and bills paid by Troup County shall be approved by the board. The chairman and the clerk of the board shall each give bond in the sum of $25,000.00, the cost thereof to be paid by the county, in a good and solvent fidelity and guaranty company payable to the county conditioned for the faithful discharge of the duties of their office. The amount of such bonds and the securities thereon shall be first approved by the ordinary of the county and then filed and recorded by the ordinary as are the bonds of other county officers. County warrants. Bonds. Section 15. That all supplies, equipment and materials used by the county shall be purchased after competitive bids have been received by said commissioners on all purchases on amounts in excess of $500.00. Purchases. Section 16. All contracts entered into by the board on behalf of the county shall be made in writing and shall be entered on the minute book of the board. (a) In all instances, contracts executed by the board on behalf of the county shall at all times comply with the provisions of chapter 23 of section 17 of the General Code Ann. (1933) and all laws amendatory thereof. Page 3077 Section 17. That the board of commissioners of roads and revenues for Troup County, as herein established, shall be a body corporate with full power to sue and be sued, plead and be pleaded, in all matter within their jurisdiction as herein defined; provided, however, that no judgment, order or decree of any court shall have effect against the individual property of any member of said board, but shall constitute a charge against said county. Body corporate. Section 18. That should any court of this State declare any section, part, paragraph or clause of this Act unconstitutional or invalid for any cause or reason, then such decisions shall affect only that section, part, paragraph or clause so declared to be unconstitutional or invalid and shall not affect any other section, part, paragraph or clause of this Act. Section 19. From and after the passage of this Act, an Act approved February 28, 1876 (Ga. L. 1876, p. 294), an Act approved December 9, 1892 (Ga. L. 1892, p. 237), an Act approved December 13, 1895 (Ga. L. 1895, p. 349), an Act approved August 20, 1906 (Ga. L. 1906, p. 456) and an Act approved March 6, 1956 (Ga. L. 1956, p. 2788), all pertaining to the Commissioners of Troup County, are hereby repealed in their entirety. Prior Acts repealed. Section 20. All laws and parts of laws in conflict with this Act are hereby repealed, except that nothing in this Act shall be construed to affect the provisions of an Act regulating the compensation of certain officials of Troup County, approved February 2, 1955 (Ga. L. 1955, p. 2006). 1955 Act not repealed. Legal No. 7229, Dec. 13, 20, 27. 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 for the passage of the following bill: Page 3078 An Act to create a board of commissioners of roads and revenues for the County of Troup, State of Georgia; to fix the number of members of said board and to prescribe their qualifications, terms of office, compensation, manner of election, powers, duties and responsibilities and to name the present members of said board; to provide for the filling of vacancies in the board; to provide for the appointment of a clerk and an attorney for said board and to provide for a superintendent of roads; to provide when this Act shall become effective; to confer upon said board the authority to fix compensation of certain county officers and employees in accordance with the Acts of 1949 and 1955; to repeal certain laws relating to the present board of commissioners of roads and revenues of Troup County and certain acts amendatory thereof; to repeal all laws in conflict with this act, except the Acts of 1949 and 1955; and for other purposes. Frank G. Birdsong. C. O. Lam. Legal No. 7230, Dec. 13, 20, 27, Jan. 3. Georgia, Troup County: Personally appeared before me a person duly authorized to administer oath, Roy C. Swank, who on oath says that he is the editor and publisher of the LaGrange Daily News, official newspaper of Troup County, published in LaGrange, Georgia, and that the above notice of intention to introduce local legislation was published in said newspaper on the following dates: December 13, 1957, December 20, 1957 and December 27, 1957. /s/ Roy C. Swank, Roy C. Swank. Sworn to and subscribed before me, this the 10th day of January, 1958. /s/ Eleanor H. Orr, (Seal). Approved March 25, 1958. Page 3079 CORONERS' COMPENSATION IN COUNTIES OF NOT LESS THAN 108,000 AND NOT MORE THAN 112,000 POPULATION. No. 324 (Senate Bill No. 181). An Act to amend an Act entitled: An Act to provide in all counties of this State having a population of not less than 108,000 and not more than 112,000 by the last or any future census of the United States; an annual salary for coroners and to fix the fees of the coroner's jurors, for services in connection with the holding of inquests, and that one of the members of the coroner's jury at each inquest held by the coroner shall be a competent stenographer, who shall be and act as the secretary of the coroner's jury and to fix the compensation and duties of such secretary, which compensation shall be in addition to the fee fixed as juror's fee; and to provide for the payment of the coroner's salary and jurors' fees and the secretary's fees from the county treasury; and that the provisions of law as now appears in the Code of Georgia of 1933 as part of and in Code section 21-105 as amended, entitled `Fees,' to-wit: `21-105 (1141 P. C.) Fees. Coroner's fees shall be as follows, to-wit: Summoning an inquest on a dead body and returning an inquisition$10.00.No coroner shall receive out of the county treasury more than $1,500 per annum, either as fees for holding inquests or for burying the dead bodies. (Cobb 352; Acts 1878-9, page 73)' and also that portion of Section 21-209 of the Civil Code of Georgia, 1933, as amended, entitled `Six jurors; majority to decide; pay' which fixes $1.00 as the pay for the services of each coroner's juror, shall be and is inapplicable in such counties and that there shall be paid each juror sworn and empanelled upon an inquest $2.00 each for his services as juror upon each inquest; and for other purposes that appears in Georgia Laws 1951, pages 760 through 762 inclusive, so as to change and increase an annual salary for Coroners in all counties of this State having a population of not less than 108,000 and not more than 112,000 by the last or any future census of the United States; and for other purposes. Page 3080 Section 1. Be it enacted by the General Assembly of Georgia and there is hereby enacted by the authority of the same that section 1. of An Act to provide in all counties of this State having a population of not less than 108,000 and not more than 112,000 by the last or any future census of the United States; an annual salary for coroners and to fix the fees of the coroner's jurors, for services in connection with the holding of inquests, and that one of the members of the coroner's jury at each inquest held by the coroner shall be a competent stenographer, who shall be and act as the secretary of the coroner's jury and to fix the compensation and duties of such secretary, which compensation shall be in addition to the fee fixed as juror's fee; and to provide for the payment of the coroner's salary and jurors' fees and the secretary's fees from the county treasury; and that the provisions of law as now appear in the Code of Georgia of 1933 as part of and in Code Section 21-105 as amended, entitled `Fees,' to-wit:21-105 (1141 P.C.) Fees. Coroner's fees shall be as follows, to-wit: Summoning an inquest on a dead body and returning an inquisition$10.00No coroner shall receive out of the county treasury more than $1,500 per annum, either as fees for holding inquests or for burying the dead bodies. (Cobb 352; Acts 1878-9, page 73), and also that portion of section 21-209 of the Civil Code of Georgia, 1933 as amended, entitled `Six jurors; majority to decided; pay' which fixes $1.00 as the pay for the services of each coroner's juror, shall be and is inapplicable in such counties and that there shall be paid each juror sworn and empanelled upon an inquest $2.00 each for his service as juror upon each inquest; and for other purposes that appears in Georgia Laws 1951, pages 760 through 762, inclusive, is hereby amended by striking the figures $2,100.00 wherever it appears and inserting in lieu thereof the figures $3,600.00, so that said section when amended shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and there is hereby enacted by the authority Page 3081 of the same that in all counties of this State having a population of not less than 108,000 and not more than 112,000 by the last or any future census of the United States, a coroner shall receive a salary of $3,600.00 per year out of the county treasury payable monthly, said salary to be in lieu of the fees allowed a coroner by the law for holding inquests and in full for his services in summoning an inquest on a dead body and returning an inquisition and in making an investigation to determine whether or not an inquest shall be held, and in addition fifty gallons of gasoline per month for each month while he is coroner for use in performing his duties as coroner, which fifty gallons of gasoline shall be furnished to him by the treasurer and from the treasury of such county and said monthly salary shall be paid from said county treasury at the same time that all other monthly salaries are paid elected county officials. When applicable, compensation. Section 2. Be it further enacted that section 2 and section 3 and section 4 and section 5 of the Act here amended shall remain of full force and effect. Be it further enacted by the authority aforesaid and there is hereby enacted by the authority of the same that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 25, 1958. TAX COLLECTORS NOT TO MAKE ROUNDS IN CERTAIN COUNTIES. Code 92-4901 Amended As to Certain Counties. No. 325 (Senate Bill No. 240). An Act to amend section 92-4901 of the Code, relating to the duties of tax collectors, so as to remove the provisions relative to the tax collector making rounds to collect taxes; to provide an effective date; to repeal Page 3082 conflicting laws; to limit the application of this Act to counties with a population between 35,211 and 35,220 according to the 1950 and any future census; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 92-4901 of the Code, relating to the duties of tax collectors, is hereby amended by striking paragraph 5, as follows: 5. Give 10 days' notice in writing of the several times and places at which he will attend in the several militia districts in the county for the purpose of collecting taxes; attend at such places at least three times during the period allowed for paying taxes; and post and maintain a notice showing the day or days on which he will be at the county site for such purpose. and inserting in lieu thereof a new paragraph 5, to read as follows: 5. To collect taxes at his office. Section 2. This Act shall be effective for all taxable years beginning on or after January 1, 1958. Section 3. This Act shall apply to and be effective only in those counties with a population between 35,211 and 35,220 according to the 1950 Census of the United States and to any future census made by the United States. Where applicable. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. Page 3083 TOWN OF CORNELIACHARTER AMENDED. No. 330 (Senate Bill No. 251). 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, particularly by an Act approved March 5, 1957 (Ga. L. 1957, p. 2610), 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, particularly by an Act approved March 5, 1957, (Ga. L. 1957, p. 2610) is amended by striking therefrom section 1A in its entirety and inserting in lieu thereof a new section 1A to read as follows: Section 1A. 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 numbers 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 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 Page 3084 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 corner first above mentioned until said arc strikes the original land lot line common to land lots numbers 139 and 148; thence in a northeasterly direction along said original land lot line 625 feet to iron pin corner; thence at right angles and in a northwesterly direction 310 feet, more or less, to corner; thence at right angles and in a southwesterly direction and at all points 310 feet from the original land lot line above mentioned to corner in center of the Tallulah Falls Railway Company's present railroad track; thence along the center of said railroad and in a southwesterly direction 200 feet to corner in center of said railroad track; thence at right angles and in a northwesterly direction 125 feet, more or less, to the eastern right-of-way line of U. S. Highways Numbers 23 and 441, the same being the most southwesterly corner of the property now occupied by the Builders Lumber and Supply Company; thence along said right-of-way of said highways in a northeasterly direction 200 feet to corner; thence at right angles and crossing said highway in a northwesterly direction 200 feet to corner; thence at right angles in a southerly direction parallel to and at all points 200 feet from said eastern right-of-way line of said highway to where said line strikes a point exactly three-quarters of one mile from the iron pin first above mentioned at the southwest corner of the monument to the Big Red Apple; thence on an arc and at all points exactly three-fourths of one mile from said iron pin at the southwest corner of said monument Page 3085 and in a generally westerly direction until said arc intersects with the easterly property 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 eastern line of said school property 200 feet, more or less, to iron pin corner, the same being the most northeasterly corner of said school property 200 feet, more or 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 on the west side of Cleveland Road; thence along the western right-of-way of Cleveland Road 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, at page 258; thence in a generally westerly direction 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 with alley with lot number 12 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 boundary 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 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 2, 3, 17 and 20 of Yonah View Homesites subdivision; thence south 55 degrees 20 minutes west 1425 feet, more or less, to a point 200 feet northeast from the center line of Level Grove Street; thence in a generally northerly direction 380 feet, more or less, to corner on the south side of Foster Street; thence along Foster Street in an easterly direction 100 feet to corner; thence in a northerly direction parallel to and at all points 300 feet from the center line of Level Grove Street Page 3086 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 westerly direction 300 feet to iron pin corner in the center of Level Grove Street; thence in a generally westerly direction along the center of Level Grove Street 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 point 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 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 road 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 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 numbers 182 and 183 of the 10th land district of Habersham County, Georgia, the point of beginning. Corporate limits. Page 3087 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit and copy of advertisement attached to Enrolled Act. Approved March 25, 1958. CITY OF WINDERCOUNTY OF BARROW AIRPORT AUTHORITY. No. 331 (Senate Bill No. 287). An Act to create and establish a joint Airport Authority for the City of Winder and the County of Barrow; to designate the name of such authority; to fix and prescribe the number, qualification, manner of selection or election; term of office and compensation of the members thereof; to fix or prescribe the power, duties, and authority of said authority and for other purposes. Page 3088 Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a joint Airport Authority for the City of Winder and the County of Barrow, said authority to be known as The Winder-Barrow Airport Authority, for the purposes and with the powers, duties and authority hereinafter set out and as may be reasonably implied. Created. Section 2. Said authority shall be composed of three (3) members, one of whom shall be elected and appointed by the council and mayor of the City of Winder in the same manner as is the election of the chief of police and one member elected and appointed by a majority vote of the board of commissioners of roads and revenues for Barrow County, Georgia. The two members selected pursuant to the above shall elect the third member of said board within twenty (20) days following their election. In the event that the two members selected and appointed, as provided here, cannot agree on or do not appoint for any reason within twenty (20) days, the third member of the board, then it shall be their duty to certify this fact to the first Barrow County grand jury convening thereafter, and said grand jury shall, during its term, appoint the third member. The authority so constituted shall elect its own chairman annually from the membership of the authority. Members. Section 3. The terms of the first members of said authority shall be as follows: The member appointed by the City of Winder, shall be for two (2) years. The member appointed by the County of Barrow shall be for three (3) years. The other member elected or appointed, as is herein provided shall be for four (4) years. Thereafter, all members appointed or elected shall serve for a term of four (4) years and until their successors are appointed or elected and qualified. To qualify for election or appointment as a member of this authority, a person shall Page 3089 have been a resident of Barrow County for a period of not less than five (5) years. Any person that holds an elected office or is an employee of Barrow County or the City of Winder is hereby disqualified to serve on said authority during the tenure of their office or employment and for a period of one (1) year after termination of said elected office or employment. Same, terms, qualifications. Section 4. Said authority shall have the management, supervision and control of any airports or landing fields owned jointly by the City of Winder and County of Barrow or any interest therein and shall direct and control the construction, equipment, improvement, maintenance and operation thereof, including the adoption and enforcement of rules and regulations and the fixing and establishing of charges, fees and tolls for the use of such airports or landing fields and lands adjacent thereto. Duties. Section 5. All land area contained in the Winder-Barrow Airport shall be conveyed by deed to the said Winder-Barrow Airport Authority, and it is further enacted that the Winder-Barrow Airport Authority shall be a legal entity with the power to sue and be sued. Same. Section 6. The members of the authority shall draw no compensation but shall be allowed only actual expenses that incur on behalf of said authority outside of the limits of Barrow County. Compensation. Section 7. Said authority shall have the right to lease or assign to private persons, firms, corporations, Governmental agencies or political subdivisions all or any portion of the space, area and improvements of and equipment not previously leased or assigned or encumbered or optioned prior to this Act, of such airports or landing fields, provided the public is protected in its rightful, equal and uniform use of such airports or landing fields. Said authority shall have no right to sell such airports or landing fields or any portion thereof, the right so to do being expressly reserved to the governing authorities of said city and county. Duties. Page 3090 Section 8. All fees, charges, tolls, rentals or other revenues derived from the operation or lease of such airports or landing fields shall be used by said authority to meet in whole or in part the expenses of operation and maintenance of such airports or landing fields. In the event the revenue from the operation or lease of such airports or landing fields exceeds the expenses of operation and maintenance, such excess shall be used for further developments, improvements on the equipment of such airports or landing fields and if not so used may, at the discretion of the authority, be paid to said city and county in proportion to their respective interests therein. Same. Section 9. Said authority shall have the control and expenditure of any funds that may be appropriated to it by said city and county for the construction, development, maintenance, improvement and operation of such airports or landing fields provided, however, that no funds appropriated by either the city or the county shall be expended until both the city and county shall have appropriated and actually deposited with said authority such appropriations. Same. Section 10. Said authority shall keep separate books and accounts showing receipts from all sources and expenditures for all purposes and shall deposit all funds received by it, including appropriations that may be made by said city and county and all revenues from the operation or lease of such airports or landing fields, in a bank named as depository by the authority. Said depository shall be in Barrow County. Records. Section 11. The contracts, options, commitments and leases that have been heretofore entered into and executed by the City of Winder and the County of Barrow are hereby expressly ratified, confirmed and transferred as a part of the authority, its duties, rights and obligations. Contracts. Section 12. Said authority shall have the right, power and authority to borrow money; and to offer as collateral the assignment of revenues, tolls, charges and proceeds of Page 3091 any rental, lease or option, now existing or any part thereof. Bond. Section 13. 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 remain of 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 General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 14. The effective date of this law shall be April 1, 1958, on the effective date hereof all leases, options and obligations now existing shall transfer to said authority as obligations of the same. Effective date. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Barrow County. In person appeared the undersigned Affiant, who being first duly sworn, deposes and on oath says that Affiant is Publisher of The Winder News, which is the official organ of Barrow County and within which Sheriff's legal advertisements are published and that the foregoing notice of proposed local legislation, same being with reference to creating a joint City of Winder and County of Barrow Airport Authority was published in the following issues of said newspaper, to-wit: January 15, 1958, January 22, 1958 and January 29, 1958. Harry O. Smith. Harry O. Smith, Affiant. Page 3092 Sworn to and subscribed before me, this 5th day of February, 1958. Mrs. Roy G. Jackson, N. P., Barrow Co., Georgia. Copy of advertisement attached to Enrolled Act. Approved March 25, 1958. PLUMBING INSTALLATIONS REGULATED IN CERTAIN COUNTIES. No. 333 (House Bill No. 766). An Act to provide that the governing authorities of certain counties may charge for inspection, require permits, set up a code, and provide rules and regulations for the installations of plumbing in said counties; to provide for a plumbing board; to provide for the appointment of its members; to define the duties of said board; to provide for the powers of the governing authorities to refuse to issue permits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of all counties in this State having a population of not less than 22,700 and not more than 23,000 according to the United States Census of 1950 or any future census, are hereby given authority to provide for fees for the inspection of said plumbing installations, to establish a plumbing code for said counties setting forth minimum requirements, and to require a permit issued by said counties before commencing work on any jobs in said counties. When applicable. Section 2. The governing authority of any such county is hereby authorized to appoint a plumbing board for said county, composed of five citizens of said county, two Page 3093 of whom shall be contracting plumbers. Two shall be appointed for a term ending January 1, 1959, and the other three appointed for terms ending January 1, 1961, and their successors apponted for four-year terms. Each of the members of said board shall take an oath before the judge of the superior court in said counties, that he will faithfully perform the duties of his office. Said board shall have the right to elect a chairman and secretary thereof and shall designate the time and place for holding their meetings. Such meetings shall be held at least quarterly. Plumbing Code. Section 3. The plumbing board of said counties shall make recommendations to the governing authorities of said counties as to the amount of license fee that should be charged, the charges to be made for inspections on certain jobs, and set forth a description of same; recommend a plumbing code for the county, setting forth minimum requirements for the installation of plumbing, and pass on violations of said code and make recommendations to the governing authorities as to the revocation of licenses for violation of same. Plumbing Code. Section 4. Upon recommendations by the plumbing board of such counties, the governing authorities thereof shall be authorized to adopt appropriate ordinances and resolutions placing said building codes, license fees, permits an dinspection fees into effect. Same. Section 5. All fees collected pursuant to the fixing of same by the governing authorities of said counties shall be paid into the general fund of said counties. Law governing authorities shall fix the compensation for board members not to exceed $10.00 per meeting. Members' compensation. Section 6. The governing authorities of such counties shall have the right to refuse to issue permits to any plumber or plumbing concern who violates said code upon the recommendation of the board, after a hearing has been given to the person who has made such violation or is charged with making such violation. Violations of Code. Page 3094 Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. CITY OF PORT WENTWORTHCHARTER AMENDED. No. 335 (House Bill No. 864). An Act to amend an Act incorporating, and creating a Charter for, the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003 et. seq.), so as to authorize said city to create a Municipal Planning Commission and empower the governing authorities of said city to exercise all powers granted to municipalities under Act authorizing planning commissions (Ga. L. 1957, p. 420 et. seq.); to authorize policeman of said city to arrest persons without a warrant at any place within the State for violation of ordinance of said city committed in his presence; to empower the mayor and council of said city to divide real properties and lands within said city to establish wards, to define boundaries of such wards, and to name, number or letter said wards within the city; to authorize said city to borrow monies for municipal purposes in accordance with the Constituion and laws of Georgia; to authorize said city to rent real or personal properties from others for municipal purposes, and to rent to others real or personal properties in its possession and not needed for municipal purposes; to authorize the creation of additional offices for police court of the City of Port Wentworth and the filling of such additional offices by appointments, and to provide compensation and to prescribe powers and duties of such additional officers; to empower the registrar of said city to purge the list of registered voters, so as to remove from the list persons illegally registered and/or not qualified to vote in municipal elections, and to provide for hearing thereon, notice of hearing and service thereof, for hearing thereon, Page 3095 and removal of disqualified persons from voters lists and registration books of said city; to provide for registration and qualification of candidates for offices of mayor and/or council of said city, and the time and manner thereof, and for payment of qualifying fees by all candidates for offices of mayor and/or council of said city, and to fix said fees and prescribe time and manner of payment thereof, and to provide for payment of expenses of election and for use or disposition of qualifying fees and to relieve a candidate for council from specifying which of offices of council he seeks; to provide for conduct of municipal elections, whether general, regular, special or other, in said city, and for appointment of election managers for the conduct and holding of such municipal elections, to define the qualifications of election managers and prescribe their oaths, to fix time for and manner of appointment of election managers, to provide for casting of all votes by secret ballot and for security of electors, to provide for voting booths, to authorize mayor and council of said city to specify place or places for holding of municipal elections, to limit compensation of election managers and clerks and authorize the payment of such compensation, to impose duties upon the mayor and council of said city and upon appointed election managers in connection with municipal elections, to provide for certification of results of any municipal election and the time and place and manner of such certification of election results, and to provide for declaration of elected officers of said city as elected to serve for next ensuing term of office, to define procedure in event of tie votes of candidates and for new or run-off election between candidates tied in votes, and for conduct of such new or run-off election and declaration of results thereof; to provide for and authorize the use of voting machines for casting, registering, recording and computing votes at municipal elections in said city, in the event the mayor and council of said city, in their discretion, shall desire and elect to use voting machines in municipal elections; to provide regulations with reference to requirements, purchase, leasing, renting, installation, preparation and custody, of voting machines; to provide rules and regulations for conduct of municipal elections held with voting machines; to prescribe duties of election managers in election districts or precincts in which voting machines may be used; to provide for districting or division 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 payment for the purchase, lease or rental of voting machines and expenses incidental to the use of such machines; to provide penalties for violations of laws with respect to injuring, tampering with, or preventing or attempting to prevent, correct operation of voting machines; to define duties of mayor and council of said city with respect to municipal elections, and determination and declaration of results thereof; to define certain words and phrases; to empower the mayor and council of said city to specify by resolution, the place or places for holding municipal elections and to pay expenses incurred for election premises; to fix time for opening of polls and time for closing of polls in municipal elections and authorize election managers to determine election results after polls close; to empower the mayor and council of said city to prescribe by ordinance, other and further rules and regulations respecting municipal elections and the holding and conduct thereof; to authorize said city to acquire title to lands in Grange subdivision by purchase, gift or condemnation proceedings, for widening, repairing, paving or otherwise improving Grange Road in said city; to ratify and confirm the first or initial election of mayor and councilmen of said city, and the officers there elected as the first or initial mayor and council of said city; to ratify and confirm the said Act of the General Assembly approved February 6, 1957, incorporating and creating a charter for said city, as amended by this Act; to provide that in event any part or provision of this Act shall be declared illegal by a court of competent jurisdiction, such shall not affect, destroy or impair the validity of the remaining parts of this Act; to attach to, and make a part of, this Act, the copy of notice of intention to apply for this local legislation and the certificate of the publisher showing publication thereof as required by law, and to declare that all requirements of laws of Georgia relating to publication of this notice have been complied with before enactment of this Act; to repeal conflicting laws; and for other purposes. Page 3097 Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that an Act incorporating, and creating a charter for, the City of Port Wentworth, approved February 6, 1957, (Ga. L. 1957, p. 2003 et. seq.), be, the and the same is, hereby amended, as follows: Section 1. Be it enacted by the authority aforesaid, that the mayor and council of the City of Port Wentworth, as the governing authority of said municipality, be, and are, hereby authorized and empowered to create by ordinance, a municipal planning commission for the City of Port Wentworth, as such commission is contemplated and defined in the Act authorizing planning commissions (Ga. L. 1957, p, 420 et. seq.) in this State, and to establish separate or joint planning commissions, and to provide for the preparation and amendment of overall plans for the orderly growth and development of the City of Port Wentworth, and to provide for the regulation of the subdivision of lands within the corporate limits of said city, and to provide for the regulation of structures in mapped streets and to exercise all powers and perform all duties, and to do all things which a municipality and its governing authority are authorized to do by the General Assembly of Georgia under said Act authorizing planning commissions, and as the said Act is now codified as Chapter 69-12 of the 1933 Code of Georgia Annotated; and the City of Port Wentworth, through its mayor and council as its governing authority, is hereby authorized and empowered to do all things that municipalities and the governing authorities thereof are authorized and empowered to do, under the provisions of said Act. Planning commission authorized. Section 2. Be it further enacted by the authority aforesaid, that any policeman of the City of Port Wentworth may arrest without a warrant for the violation of Page 3098 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. Policemen's power to arrest. Section 3. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Port Wentworth, being the governing authority of said municipality, be, and they are, hereby authorized and empowered to divide or subdivide or re-divide the real properties or lands within the corporate limits of the City of Port Wentworth into wards, and to define the boundaries of each and every of such wards within the limits of the said city, and to name or number or letter said wards so defined and created within the limits of the City of Port Wentworth, in their discretion. Wards. Section 4. Be it further enacted by the authority aforesaid, that the City of Port Wentworth, be, and is hereby, authorized and empowered to borrow monies for any municipal purpose, either on the basis of temporary loans or otherwise, but within the limits provided by the Constitution and laws of the State of Georgia relating to municipalities, and in accordance therewith. Power to borrow monies. Section 5. Be it further enacted by the authority aforesaid, that the City of Port Wentworth be, and is, hereby authorized and empowered to rent real and/or personal properties from others for municipal purposes, and to rent to others real and/or personal properties over or of which the City of Port Wentworth has control or possession and which is not needed for municipal purposes. Rental of property. Section 6. Be it further enacted by the authority aforesaid, that the City of Port Wentworth, through its mayor and council, be, and is, hereby authorized and empowered to create additional offices for the police court of the City of Port Wentworth, and to fill such additional offices by appointments, as they may deem proper and expedient, and to provide compensation for such additional officers so appointed, and to prescribe the powers and duties of such officers, as shall not be inconsistent Page 3099 with the charter of the City of Port Wentworth and the laws regulating municipal corporations and the courts thereof, in this State. Police Court. Section 7. Be it further enacted by the authority aforesaid, that the registrar of the City of Port Wentworht shall have full power and authority to purge the list of registered voters in the City of Port Wentworth of all illegal voters when said registrar makes up his list of qualified voters for any municipal election; but said registrar shall give notice in writing or in printing to all persons whom he has reason to suspect of having registered illegally or of being otherwise disqualified for any cause, and shall afford such suspected person or persons an opportunity to be heard by the registrar upon the question of his suspected ineligibility to vote in the municipal election in said city. Such notice shall clearly set forth the time and place of the hearing on such matter of the eligibility of the person to vote. The name of a registered voter shall not be stricken from the voters' list by said registrar unless such suspected person whose name appears on the registration book shall have been so notified and afforded an opportunity for a hearing on the matter before the registrar. Upon the appearance of such suspected person before the registrar, said registrar shall hear evidence submitted to him under oath, and he shall thereupon determine the eligibility to vote of such suspected voter or voters, and the decision of the registrar on such question shall be final. Service of said notice shall be made by leaving the same at the place of abode of such suspected person or persons as such place of abode is shown upon the registration books of the City of Port Wentworth at the time the registration of such person is challenged, and the leaving of such notice at the address so shown upon the registration books shall constitute sufficient and conclusive service of notice. If any such person or persons so notified as herein provided, shall fail to appear before the registrar and offer evidence under oath as to why his name should not be excluded or removed from said registration books and the list of voters, said registrar shall thereupon proceed to purge said voters' list of, and remove from the registration books, the Page 3100 name or names of such person or persons; or, if he finds from evidence submitted to him under oath that such person or persons are disqualified to vote in said election for any cause, said registrar shall thereupon purge said voters' list of, and remove from the registration books, the name or names of such person or persons found by him to be ineligible to vote or disqualified from voting in municipal elections held in and by said city. Registrar. Section 8. Be it further enacted by the authority aforesaid, that any person desiring to qualify as a candidate for mayor or as a candidate for councilman of the City of Port Wentworth shall, not less than fifteen (15) days prior to the day set for the holding of the election in which he desires to be a candidate (legal holidays and Sundays excluded if the fifteenth day is a Sunday or legal holiday), file with the clerk of council of the City of Port Wentworth his written notice statings that he desires his name to be placed on the ballot as a candidate for mayor or for councilman, as the case may be. Such written notice shall also set forth the name, the place of residence, and the length of residence of such person within the limits of the City of Port Wentworth, and shall be sworn to before a notary public or other person authorized by the laws of Georgia to administer oaths, and shall contain any other information that the mayor and council of the City of Port Wentworth may require by ordinance. Candidates for the office of mayor shall file with the clerk of council the information hereinbefore required, and at the same time of such filing, shall pay to the clerk of council a cash fee in the sum of twenty ($20.00) dollars as a qualifying fee, which shall not be refunded. Candidates for the office of councilman shall each file notice containing the same information hereinbefore required concerning themselves, and at the same time of such filing, shall pay to the clerk of council a cash fee in the sum of ten ($10.00) dollars as a qualifying fee, which shall not be refunded. No person shall be eligible for the office of mayor or councilman of the City of Port Wentworth unless such person shall file the above written notice and make full payment in cash of the qualifying fee within the time herein provided. The expenses Page 3101 of the election for or in connection with which the qualifying fees are paid, shall be paid from the aggregate of said qualifying fees so paid in; and any portion thereof that shall remain over, after said election expenses have been fully paid, shall be turned into the treasury of the City of Port Wentworth. In the event the aggregate of the qualifying fees paid in connection with any election shall not be sufficient to pay in full the expenses of such election, the deficiency in such election expenses shall be paid out of the treasury of the City of Port Wentworth. No person filing his notice of intention to run for the office of councilman shall be required to specify which of the offices of councilman he is seeking in said election, but the election managers shall certify as having been elected, as is elsewhere herein provided, those six (6) duly qualified candidates who shall receive the largest number of legal votes in said election. Candidates, elections. Section 9. Be it further enacted by the authority aforesaid, that all municipal elections held in the City of Port Wentworth, whether general, regular, special or other, and whether held on any subject or question relating to the municipality or for the election of officers of the municipality, or both, shall be conducted by three (3) election managers who shall be appointed, as is herein provided, for the purpose of holding such elections. The mayor and council of said city are authorized, empowered and directed to appoint the three (3) eleciton managers who shall conduct the particular election for or in connection with which they are appointed. Any citizen of the City of Port Wentworth who is eligible to serve as a manager in any election for members of the General Assembly, may act as an election manager in any municipal election. Before entering upon their duties as election managers, each of the three (3) of them shall take and subscribe before the mayor of the City of Port Wentworth, or the mayor pro tem., in the absence of the mayor, and in the presence of each other, the following oath: I do solemnly swear that I will faithfully and impartially manage and conduct the election for which I have been appointed, and that I will prevent all illegal voting to the best of my ability, and that I will not prevent Page 3102 any person from voting in said election who is entitled to vote therein according to the law, to the best of my skill and power, so help me God. The three (3) election managers who shall conduct a municipal election in said city shall be appointed by the mayor and council of the City of Port Wentworth not less than ten (10) days prior to the date set for the holding of the election at which said election managers shall serve. The election managers shall procure from the registrar on the day next prior to the day of holding any municipal election, three (3) copies of the list of voters qualified to vote in such election, and shall keep, or cause to be kept, the three (3) copies of tally sheets for a period of thirty (30) days following such election. In any municipal election held in the City of Port Wentworth, all votes shall be cast by secret ballot, and all electors shall be secure in the right to cast their ballots without annoyance by or from any person in or near any voting place. The mayor and council of the City of Port Wentworth shall provide as many voting booths as shall, in their discretion, be necessary for the proper conduct of municipal elections, and may specify the city hall of said city, or other place or places in said city in their discretion, for the holding of any municipal election. The three (3) election managers who shall be appointed to conduct, and who shall conduct, any municipal election, and any clerk or clerks who shall serve at such election, shall be paid for their services in so conducting and working at such municipal election, such sum as shall be fixed by the mayor and council of the City of Port Wentworth, but not exceeding the sum of ten ($10.00) dollars per day for each such manager or clerk so appointed and serving. The three (3) election managers who shall conduct any municipal election shall, within three (3) days after the holding of any such municipal election, prepare a certificate of election which shall certify the results of such election, and the three (3) election managers shall each sign the certificates certifying the results of the election and shall file the original of such certificate with the mayor and council of the City of Port Wentworth at the first regular or the first special meeting of the mayor and council of the City Page 3103 of Port Wentworth held and convened next after the day said election is held. The three (3) election managers shall certify to the mayor and council of the City of Port Wentworth, as having been duly elected to the office of mayor, the duly qualified candidate for mayor who shall receive the highest number of legal votes cast in said election; and the said election managers shall certify to the mayor and council of the City of Port Wentworth, as having been duly elected to the office of council of the City of Port Wentworth, the six (6) duly qualified candidates for office of councilman who shall receive the highest number of lawful votes cast in said election; and upon receiving from the election managers such certifications of election, the mayor and council of the City of Port Wentworth shall thereupon declare the persons receiving the highest number of lawful votes cast in such election, as the duly elected mayor of the City of Port Wentworth and as the duly elected six (6) councilmen of the City of Port Wentworth, as the case may be, to serve said city in such offices for the regular term of office ensuing next thereafter. In the event of a tie vote between two (2) or more candidates in any election for the mayor and the councilmen, or either of them, a new election between only the candidates thus tied in number of votes shall be ordered held by the mayor and council of the City of Port Wentworth on a day certain, but not less than seven (7) days after the results of the first election shall have been declared; and said second or new election, when held, shall be held under the same regulations, and by the same managers and clerks who shall have already been appointed and qualified, as the first such election was held; and the person who shall receive the highest number of votes cast in said second or new election, shall be declared as is herein provided, to have been duly elected to his office. Elections. Section 10. Be it further enacted by the authority aforesaid that: (a) In all municipal elections hereafter held in and by the City of Port Wentworth, whether such be regular, special, general, or other elections, held under or by authority Page 3104 of the city, or any election held for the purpose of determining any question or matter which may be submitted and referred to the vote of the citizens of said city, the ballots or votes at any such election may, at the option of the mayor and council of the City of Port Wentworth, be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act, as hereinafter provided. Same, voting machines. (b) The mayor and council of the City of Port Wentworth are hereby authorized and empowered 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 votes at all elections hereafter held under or by authority of the City of Port Wentworth in which the use of voting machines is deemed expedient and proper by the mayor and council of the City of Port Wentworth. The mayor and council of the City of Port Wentworth may provide one voting machine for every four hundred (400) registered voters, or fraction thereof, qualified to vote in such election, or they may provide one voting machine for any lesser number of qualified voters if, in their discretion, such additional machines are needed in the election. (c) No voting machine shall be adopted or used in any municipal election 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 qualified, and upon such questions as may be submitted; it shall permit 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 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, and 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 Page 3105 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 the election managers so as to permit each voter to deposit, write in, or affix upon receptacles or devices provided for the purpose, ballots containing the names of persons for whom he desires to vote, but whose names do not appear upon the voting machine; it shall permit each voter to change his vote for any candidate, or his vote upon any question, appearing upon the ballot-labels, up to the time the voter begins the final operation to register his vote, or expresses his desire to register his vote; it shall not only secure to the voter absolute secrecy in the act of voting as herein provided, but it shall be so constructed that no person can see or know for whom any other elector has voted or is voting, except a voter whom he has assisted or is assisting in voting as prescribed by law; it shall having voting devices for separate candidates and questions, which shall be arranged in separate rows or columns, so that one or more adjacent rows or columns may be assigned to candidates for an office, and shall have parallel columns or rows transverse thereto; it shall provide for registering of the votes of at least four hundred (400) 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, all movements of the registering mechanism will be 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 workman-like manner; it shall, when properly operated, register Page 3106 or record correctly and accurately every vote cast; it shall be so constructed that a voter may readily learn the method of operating said machine; it shall be safely transportable; it shall be so constructed and controlled, that, during the progress of the 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; and it shall have a key or keys for the aforementioned lock or locks. (d) The mayor and council of the City of Port Wentworth may provide for the payment of the cost of purchasing, leasing, renting or otherwise procuring voting machines meeting the requirements of this Act in such manner as may be deemed for the best interests of said city. The City of Port Wentworth, through its mayor and council, for that purpose, may make leases, issue bonds, certificates of indebtedness, or other obligations, which shall be a charge upon the city. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the mayor and council of said city may determine, subject to constitutional limitations. (e) The mayor and council of the City of Port Wentworth are hereby authorized to create, re-divide, re-district or consolidate, election districts or precincts within the City of Port Wentworth, in such manner and to such extent as said mayor and council may deem to be in the best interest and convenience of the voters in said city. (f) The mayor and council of the City of Port Wentworth may provide for each voting or polling place within the city, one or more voting machines, according to the necessity therefor. (g) The exterior of the voting machines and every part of the voting or polling place, shall be in plain view of the election managers and clerks. The voting machines shall be located at the voting or polling place in such position, that, unless its construction shall require otherwise, the ballot-labels on the face of the voting machine Page 3107 can be seen plainly by the election managers and clerks when the machine is not occupied by a voter. The election managers or clerks 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 shall vote, 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 tampered with or injured. 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 election managers for good and sufficient reason, a statement of which shall be made in writing and signed by them, or except upon the written order of the mayor and council of the City of Port Wentworth made for good and sufficient reason, which reason shall be stated in the order. The mayor and council of the City of Port Wentworth shall have authority to appoint a custodian or custodians to store, care for and maintain any such voting machines that may be purchased by the city, and to pay such custodian such compensation as the mayor and council may prescribe. (h) Any voter who shall state under oath that by reason of his inability to read the English language or by reason of blindness or other physical infirmity, he is unable to use the voting machine, may, upon request for assistance, be given assistance in voting by an election manager as provided for by law. (i) In any election district or precinct in said city in which voting machines may be used, the portion of cardboard, paper or other material placed on the front of the voting machine containing the names of the candidates or a statement of any proposed question or proposition to be voted upon, shall be known as a ballot-label. The ballot-label shall be supplied by the mayor and council, the governing authority of said city, who are hereby charged with providing materials for the holding of election or elections, and shall be printed in black ink on clear white material of such size as will fit the machine Page 3108 and in plain, clear type, as large as the space will reasonably permit. No party name or other designation shall be affixed to the ballot-label to indicate membership of one or several candidates as belonging to, or being sponsored by, any political party, group or club. The order of the lists of candidates shall be arranged alphabetically by office, and the lists thereof may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. The form and arrangement of ballot-labels to be used at any general or special or other election held in and by said city shall be determined by the Mayor and council of the City of Port Wentworth, and shall conform as nearly as may be, with the provisions of the laws prescribing the form and arrangement of ballots at such elections; and sufficient copies of the 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. (j) The mayor and council of the City of Port Wentworth, who are hereby charged with the duty of providing ballots and ballot-labels for all voting or polling place or places, shall also provide therefor, the following: (1) A lantern, or a proper substitute for the 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 managers 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. (2) 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 said mayor and council, and in like manner they shall furnish all other necessary materials required in or for the use of voting machines. In the case of all elections, the officer or officers who are charged hereby with the duty of preparing the machines for conducting Page 3109 an election, shall notify, as far in advance thereof as is practicable, all candidates for municipal office who have duly qualified with the clerk of council, of the intended preparation of such machines for voting. The same officer or officers shall, before the day of the election, cause the proper ballot-labels to be put upon each machine in a uniform manner as is herein provided, and the machine or machines shall in every way be put in order, set and adjusted, and made ready for use in voting when they are delivered at the polling place or places. The same officer or officers shall also cause to be delivered at the voting or polling place or places, all necessary furniture and appliances that reasonable necessarily go with a voting machine, which shall be placed in the room where the election is to be held in the district, not later than 6 o'clock a.m. on the day of 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 the opening of the polls. They shall see that the ballot-labels are posted properly, and that everything is in readiness for the voting at the hour of opening the polls. The election managers shall compare ballot-labels on the machines to determine that they are uniform, see that they are correct, examine and see that all counters, except protective counters, are set at naught or zero (0) and that the machine or machines are otherwise in perfect order. If, upon inspection, it be found that the voting machine has not been properly prepared for the election, or is not in proper 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 provisions shall have been made for the use of written or printed ballots, the election shall proceed. The machine or machines so inspected and approved for use in voting in such election, shall not thereafter be operated except by electors in voting at and during the election. (k) Ballots voted for any person whose name does not appear on the ballot-label on the voting machines as Page 3110 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. (l) As soon as the polls are closed at the conclusion of any election, the voting machine or machines shall be locked against voting, and the registering compartment shall be opened in the presence of the election managers and such other persons as may be lawfully within the room, giving full view of the registering counters; and one of the said election managers shall then and thereupon announce in distinct tones, the vote cast for each candidate and the vote cast for and against the various questions or propositions. (m) The election managers shall then ascertain the number of votes which each of the candidates has received on each of the machine or machines used in the election, and the election managers shall then consolidate the same, and one of the managers of the election shall then publicly announce in a distinct voice the total vote for each candidate thus ascertained, in the order of the title of the office and the names of the candidates therefor, as they 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 of the voting machine or machines, the election managers shall make and sign a written certificate showing the results of such election. The transmission and delivery of said certificate by the election managers of each district and of all other papers of the election for the purpose of consolidation, and the consolidation, the certifying and returns thereof, shall all be in complicance with the laws pertaining to municipal elections in the City of Port Wentworth. The written certificate so made, after having been properly certified and signed by the election managers, shall be distinctly and clearly read by one of them in the hearing of all persons present, and ample opportunity shall be given to compare the results so certified with the registering counters of voting machine Page 3111 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 four (4) days; provided, however, that the same may be opened at any time upon order of a court of competent jurisdiction. (n) Nothing in this section of this Act shall be construed as requiring the mayor and council of the City of Port Wentworth to use or to acquire or purchase voting machines; but, the said mayor and council of the City of Port Wentworth may, and are hereby authorized, in their own discretion, to use or not to use voting machines as herein provided for, in municipal elections in said city. (o) When a voting machine is locked and sealed at the close of an election in the manner required by this Act, the election managers shall promptly deliver to the mayor and council of the City of Port Wentworth, or to their duly authorized representative, the keys of the said machine or machines, inclosed in a sealed envelope. (p) The list of offices and the list of candidates for said offices, and the statements of questions or propositions, on the voting machines, shall be deemed an official ballot. As used in this Act: (1) The words, ballot-labels, shall mean the cards, paper or material, containing the names of offices and the candidates and the statements of questions, to be voted upon; (2) The word, question, shall mean a brief statement of such proposition as shall be submitted to a popular vote at any municipal election; (3) 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; Page 3112 (4) The words, registering counters, shall mean the counters on which are registered numerically, the votes cast for candidates, and on questions, respectively; (5) 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; (6) 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 in voting; (7) The word, custodian, shall mean the person or persons charged with the duty of testing and preparing the voting machine for the election; (8) The words, election and elections, whenever used in this Act, shall be held to include and mean all regular, special or other municipal elections held under or by the authority of the City of Port Wentworth, and also any general or primary election hereafter held in said City. (9) The words, registering compartment, shall mean that part of the voting machine which contains the registering counters. (q) 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 ($1,000.00) dollars, or both, in the discretion of the court. Page 3113 (r) Except as modified by the provisions of this Act, the general laws of this State respecting municipal elections and the provisions of the charter of the City of Port Wentworth respecting general, regular, special, and other elections, where not inconsistent with this Act, shall apply to all such municipal elections held in the City of Port Wentworth under the provisions of this Act. Section 11. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Port Wentworth shall, in the same resolution in and by which they appoint the election managers, designate and specify the place or places within the city for the holding of the municipal election for the conducting of which said election managers are appointed. Any expense that may be incurred for use of the place or premises so designated for the holding of such election shall be borne by the City of Port Wentworth, as is herein provided. Places of holding elections. Section 12. Be it further enacted by the authority aforesaid, that in all municipal elections held in the City of Port Wentworth, whether general, regular, special or other, and whether held on any subject or question relating to the municipality or for the election of officers of the municipality, or both, the polls shall be opened at 7 o'clock a. m. and shall be closed at 7 o'clock p. m., of the day of any such election; and the Election Managers may proceed to count the ballots and otherwise determine the results of the election, immediately after the polls are closed in such election. Hours of holding elections. Section 13. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Port Wentworth, as the governing authority of said municipality, be, and are, hereby authorized and empowered to prescribe by ordinance any other and further rules and regulations respecting municipal elections held or to be held in and by the City of Port Wentworth, and the holding and conduct of such elections, not inconsistent with this Act and the laws of the State of Georgia bearing upon municipal elections. Other rules governing elections. Page 3114 Section 14. Be it further enacted by the authority aforesaid, that the City of Port Wentworth be, and is, hereby authorized and empowered to acquire title to such lands in Grange subdivision in the City of Port Wentworth, either by negotiation and purchase, or by gift, or by condemnation proceedings instituted and conducted in the manner now authorized by law, as may be deemed by the governing authority of said city to be needful or necessary or proper, for purposes of widening, repairing, paving and/or otherwise improving Grange Road in the City of Port Wentworth. Acquisition of lands. Section 15. Be it further enacted by the authority aforesaid, that the election of the first or initial mayor and of the first or initial councilmen of the City of Port Wentworth, which election was held pursuant to provisions of the Act of the General Assembly incorporating, and creating a charter for, the City of Port Wentworth (Ga. L. 1957, p. 2002 et seq.) be, and the same is, hereby ratified and confirmed; and the Honorable W. B. Osteen, who was duly elected to office at said first or initial election, is hereby ratified and confirmed as, and declared to be, the first or initial mayor of the City of Port Wentworth, and the Honorable U. H. Exley, the Honorable S. A. Hinely, the Honorable H. C. Peavy, the Honorable J. D. Salter, the Honorable Jeff T. Strahan, and the Honorable Robbie Tuten, who were duly elected to office as councilmen of the City of Port Wentworth at said election, are hereby ratified and confirmed as, and declared to be, the first or initial councilmen of the City of Port Wentworth. First election ratified. Section 16. Be it further enacted by the authority aforesaid, that the Act of the General Assembly of Georgia approved February 6, 1957, (Ga. L. 1957, p. 2003 et seq.), incorporating and creating a charter for the City of Port Wentworth, as amended by this Act, be, and is, hereby ratified and confirmed in every respect. 1957 Act confirmed. Section 17. Be it further enacted by the authority aforesaid, that in the event any article, section, paragraph or provision or provisions of this Act, in whole Page 3115 or in part, or any isolated portion of this Act, or any of the provisions herein contained, shall be declared illegal, invalid or void by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of any of the remaining parts of this Act, 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 is possible not to exceed the said authority of the General Assebly. Section 18. Be it further enacted by the authority aforesaid, that a copy of the notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law, be and are attached hereto and are hereby made a part of this Act; and it is hereby declared that all of 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 19. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with the provisions of this Act, be, and are, hereby repealed. State of Georgia, County of Fulton. 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 on oath say 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 Page 3116 of Chatham County, Georgia, on January 4, 1958, January 11, 1958, and January 18, 1958. /s/ Frank S. Cheatham, Jr., /s/ Edgar P. Eyler, /s/ Edward T. Brennan. Sworn to and subscribed before me, this 29 day of January, 1958. /s/ Wilson Brooks, Notary Public, Fulton County, Georgia. (Imprint Notorial Seal) State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Alvah H. Chapman who on oath deposes and says that he is publisher of the Savannah News-Press, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Savannah News-Press, 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 Local Legislation. Notice is hereby given that application will be made at the January-February, 1958, session of the General Assembly of Georgia, which convenes on January 13, 1958, for the passage of the following bill: An Act to amend an Act incorporating, and creating a Charter for the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, pp. 2003 et seq.), so as to increase the corporate city limits of said city; to empower said city to acquire title to streets; to empower Page 3117 said city to create additional offices for its police court; to ratify election of first or initial mayor and councilmen of said city; to ratify Act of the Legislature incorporating said city; to empower said city to regulate subdivisions of lands and use thereof; to empower said city to designate name and fix the boundaries of wards respecting properties in said city; to empower said city to rent real and personal properties from others, and to rent real or personal property to others; to authorize the use of voting machines in all city elections, regular or special; to authorize the purging of lists of voters in city elections; to provide for appointment of election managers and for supervision of elections; to provide for qualifying candidates for municipal offices of said city and for fixing and collection of qualification fees; to empower said city to obtain temporary loans; to authorize city policemen to arrest persons without a warrant elsewhere than within said city for violation of any ordinance of said city committed in his presence, provided such policeman shall have entered into immediate and continuous pursuit of such offender; to repeal conflicting laws; to provide that in the event any part of this Act shall be declared illegal that no other part shrall be affected; and for other purposes. Rep. Frank S. Cheatham, Jr., Rep. Edward T. Brennan, Rep. Edgar P. Eyler. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of January 4-11-18, 1958. /s/ Alvah H. Chapman. (Alvah H. Chapman) Sworn to and subscribed before me, this 23rd day of January, 1958. /s/ Viola F. Schwaab, Notary Public, Chatham County, Ga. (Seal) Approved March 25, 1958. Page 3118 CLAYTON COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 342 (House Bill No. 764). An Act to amend an Act creating a three-member board of commissioners of roads and revenues of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3072), so as to provide for two commissioner districts; to provide that the chairman shall run from the county at large; to make provisions relative to vacancies; to provide for emergency purchases; to provide for continuation of districts and terms; to provide for effective dates; 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. An Act creating a three-member board of commissioners of roads and revenues of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3072), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. For the purpose of electing the members of the board, Clayton County is hereby divided into two commissioner districts. Commissioner district No. 1 shall be composed of militia district #1189 (Adamson), militia district #1406 (Ellenwood), militia district #1644 (Forest Park), and militia district #1890 (Mountain View). Commissioners, elections, etc. Commissioner district No. 2 shall be composed of militia district #538 (Panhandle), militia district #548 (Riverdale), militia district #1088 (Jonesboro), militia district #1446 (Oak), and militia district #1651 (Lovejoy). Page 3119 At the general election in 1960, at which county officials are elected, a member of the board from each of the two districts shall be elected. A chairman of the board from the county at large shall also be elected. Any person, in order to be eligible for membership on the board to represent a commissioner district, must reside in the district which he represents, but each member from a commissioner district shall be voted on and elected by the voters of the entire county. The chairman of the board may reside anywhere in the county and shall likewise be elected by the voters of the entire county. When offering as a candidate for election to the board, a candidate must designate whether he is offering as a candidate from a district or as chairman. The first members elected at the election in 1960 shall take office January 1, 1961 for a term of four years and until their successors are elected and qualified. All subsequent elections shall be held quadrennially at the same time as county officials are elected and future members shall likewise be elected for a term of four years and until their successors are elected and qualified. Section 2. Said Act, as amended, 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. At each first regular meeting in January, immediately following the election of the members of the board, the members shall elect a vice-chairman. The vice-chairman so elected shall serve until the expiration of his term of office. Any member may succeed himself as vice-chairman if re-elected to the board. In the event the members of the board are unable to elect a vice-chairman, the judge of the Superior Court of Clayton County shall designate one of the members as vice-chairman. Vice-Chairman. Section 3. Said Act, as amended, is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. In the event a vacancy occurs on the board for any reason whatsoever, other than the expiration of a member's term of office, such vacancy shall be filled as hereinafter provided. It shall be the duty of the Ordinary of Clayton County to call and hold an election not less than 15 nor more than 30 days after the date such vacancy occurs for the purpose of electing a person to serve the unexpired term. If the vacancy occurs in a commissioner district, the person elected must reside in such district. After a person is elected to serve on the board, whether in the regular election or the special election to fill a vacancy, removal from a district shall not create a vacancy and such person shall continue to serve. If the vacancy occurs within 90 days from the date of the regular election to elect a successor, no special election shall be held and the person elected at the regular election for the regular term shall take office immediately and shall serve the remainder of the unexpired term. Vacancies. Page 3120 Section 4. Said Act, as amended, is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. It shall be unlawful for any member of the board, or the clerk of the board, to purchase warrants drawn on county funds and it shall also be unlawful for any member of the board, or the clerk of the board, to speculate in such warrants. It shall be unlawful for the board to employ any person related to any member of the board by blood or marriage within the third degree except the county attorney or the county physician, or to contract with any such person for any material, equipment or supplies unless the same be upon competitive bid and the person so related submits the lowest bid therefor. All purchases of supplies and other materials in an amount in excess of $500.00 shall be by competitive bids with advertisement of said purchases to be published in the official organ of Clayton County for two weeks, once a week before the date of the purchase. It shall be unlawful for any member of the board, or the clerk of the board, to have any financial interest in the transaction of any business in connection with the purchase Page 3121 or sale of any goods or supplies for Clayton County. Any person serving as a member of the board or as clerk who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as for a misdemeanor, and such person's place shall immediately be declared vacant. Restrictions. Section 5. Nothing herein shall affect the terms of office of the members elected from the districts existing by virtue of the Act passed in 1955 and such members shall continue to serve until the expiration of their terms of office. The three districts shall continue to exist until the end of such terms, but the election in 1960 and future elections shall be conducted under the provisions relating to the two districts created herein. Effective date. Section 6. 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 our intention to introduce at the 1958 session of the General Assembly of Georgia, a bill to amend the Act creating the three-man board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064) (so as to provide for the election of the chairman by the people; to provide for two districts; to provide that the change in districts shall not affect the presently elected commissioners during the remainder of their terms; to provide for emergency purchases); and for other purposes. This 18 day of December, 1957. E. A. Foster, Senator, Edgar Blalock, Representative, W. J. Lee, Representative, Members of General Assembly from Clayton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. J. Lee, Page 3122 who, on oath, deposes and says that he is Representative from Clayton County, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press-Clayton County News Farmer which is the official organ of said county, on the following dates: December 18, 26, 1957 and January 2, 1958. /s/ W. J. Lee, Representative Clayton County. Sworn to and subscribed before me, this 21st day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Notarial Seal affixed) Approved March 25, 1958. BLECKLEY COUNTYORDINARY'S COMPENSATION. No. 343 (House Bill No. 726). An Act to amend an Act relating to the salaries of county officers of Bleckley County, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2196), so as to change the compensation of the Ordinary of Bleckley 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 salaries of county officers of Bleckley County, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2196), is hereby amended by striking from section 3, the words and figure $200.00 (two hundred dollars) and inserting in lieu thereof the Page 3123 words and figure $250.00 (two hundred-fifty dollars), so that when so amended, section 3 shall read as follows: Section 3. Be it further enacted that the county commissioner of Bleckley County, or other officer who may hereafter have in charge the fiscal affairs of said county, is hereby authorized and required to pay to the Ordinary of Bleckley County and his successors in office a monthly salary of $250.00 (two hundred-fifty dollars) the first payment hereby due and payable on the first of the month following the final passage of this Act and approval thereof, and thereafter on the first of each succeeding month, and the ordinary and his successors in office of Bleckley County shall pay in the county treasury of Bleckley County all fees received by him or his successors in office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce legislation in the January, 1958 session of the General Assembly of Georgia to provide that the Ordinary of Bleckley County shall be paid the sum of $250.00 per month salary, and that the fees collected by the Ordinary of Bleckley County, Georgia shall be paid into the treasury of Bleckley County, Georgia. This 24 day of December, 1957. /s/ Ben Jessup, Representative of Bleckley County, Georgia. Georgia, Bleckley County. In person, before the undersigned attesting officer comes W. R. Smith, who after being duly sworn says on oath that affiant is editor of The Cochran Journal, the paper in said county in which sheriff's advertisements are published, and says that the foregoing notice was Page 3124 published by me in said paper on the following dates, to-wit: January 2, 9, 16, 1958. /s/ W. R. Smith. Sworn to and subscribed before me, this 15 day of January, 1958. /s/ Hazel H. Harrell, Notary Public 7/24/61. Legal Advertisement. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce legislation in the January, 1958 session of the General Assembly of Georgia to provide that the Ordinary of Bleckley County shall be paid be sum of $250.00 per month salary, and that the fees collected by the Ordinary of Bleckley County, Georgia shall be paid into the treasury of Bleckley County, Georgia. This 26th day of December, 1957. Ben Jessup, Representative of Bleckley County, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce legislation in the January, 1958 session of the General Assembly of Georgia to provide that the Ordinary of Bleckley County shall be paid the sum of $250.00 per month salary, and that the fees collected by the Ordinary of Blackley Couty, Georgia shall be paid into the treasury of Bleckley County, Georgia. This 24 day of December, 1957. /s/ Ben Jessup, Representative of Bleckley County, Georgia. Page 3125 Georgia, Bleckley County. In person, before the undersigned attesting officer comes W. R. Smith, who after being duly sworn says on oath that affiant is editor of The Cochran Journal, the paper in said county in which sheriff's advertisements are published, and says that the foregoing notice was published by me in said paper on the following dates, to-wit: January 2, 9, 16, 1958. /s/ W. R. Smith. Sworn to and subscribed before me, this 15 day of January, 1958. /s/ Hazel H. Harrell, Notary Public 7/24/61. Legal Advertisement. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce legislation in the January, 1958 session of the General Assembly of Georgia to provide that the Ordinary of Bleckley County shall be paid the sum of $250.00 per month salary, and that the fees collected by the Ordinary of Bleckley County, Georgia shall be paid into the treasury of Bleckley County, Georgia. This 26th day of December, 1957. Ben Jessup, Representative of Bleckley County, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce legislation in the January, 1958 session of the General Assembly of Georgia to provide that the Ordinary of Bleckley County shall be paid the sum of $250.00 per Page 3126 month salary, and that the fees collected by the Ordinary of Bleckley County, Georgia shall be paid into the treasury of Bleckley County, Georgia. This 24 day of December, 1957. /s/ Ben Jessup, Representative of Bleckley County, Georgia. Georgia, Bleckley County. In person, before the undersigned attesting officer comes W. R. Smith, who after being duly sworn says on oath that affiant is editor of The Cochran Journal, the paper in said county in which sheriff's advertisements are published, and says that the foregoing notice was published by me in said paper on the following dates, to-wit: January 2, 9, 16, 1958. /s/ W. R. Smith. Sworn to and subscribed before me, this 15 day of January, 1958. /s/ Hazel H. Harrell, Notary Public 7/24/61. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce legislation in the January, 1958 session of the General Assembly of Georgia to provide that the Ordinary of Bleckley County shall be paid the sum of $250.00 per month salary, and that the fees collected by the Ordinary of Bleckley County, Georgia shall be paid into the treasury of Bleckley County, Georgia. This 26th day of December, 1957. Ben Jessup, Representative of Bleckley County, Georgia. Approved March 25, 1958. Page 3127 HENRY COUNTYFEE SYSTEM ABOLISHED. No. 345 (Senate Bill No. 220). An Act to change the compensation of the sheriff, the clerk of the superior court and the ordinary of Henry County from the fee system to the salary system; to provide for the appointment, selection and employment of deputies and other employees; to make provisions regulating the carrying out of said changes; to provide the disposition of fees and costs; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the sheriff, the clerk of the superior court, and the ordinary of Henry County, which is now based on a fee system, is hereby abolished, and the officials herein named shall hereafter be paid salaries as herein provided. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected as compensation for service by any official named herein, shall be received and diligently collected by all of said officials for the sole use of Henry County, and shall be held as public moneys belonging to Henry County and accounted for and paid over to the county treasurer on the first Tuesday in each month, at which time a detailed itemized statement shall be made by the officer under oath showing such collections and the sources from which collected, and the county treasurer of Henry County shall keep a separate account showing such collections and the sources from which they are paid. Section 2. The salary of the sheriff of Henry County shall be $7,200.00 per year to be paid monthly out of county funds. The sheriff shall be authorized to employ one chief deputy, who shall be paid a salary of $4,000.00 per year to be paid monthly out of county funds. In addition to the chief deputy, the sheriff is hereby authorized Page 3128 to employ such other deputies and assistants and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of roads and revenues of Henry County. Sheriff. Section 3. The clerk of the superior court of Henry County shall be paid a salary of $5,100.00 per year to be paid monthly out of county funds. The clerk of the superior court is hereby authorized to employ such deputies and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of roads and revenues of Henry County. Clerk of Superior Court. Section 4. The ordinary of Henry County shall be paid a salary of $5,100.00 per year to be paid monthly out of county funds. The ordinary is hereby authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such clerks and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of roads and revenues of Henry County. Ordinary. Section 5. Not less than fifteen (15) nor more than thirty (30) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Henry County to issue a 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 ten (10) nor more than thirty (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 Henry County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act to change the compensation Page 3129 of the Sheriff, Clerk of the Superior Court and Ordinary of Henry County from the fee system to the salary system. Against approval of the Act to change the compensation of the Sheriff, the Clerk of the Superior Court and Ordinary of Henry County from the fee system to the salary system. 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, it shall become of full force and effect on January 1, 1961. If a majority of the votes cast on such question are against approval of the Act, 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. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. 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 6. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit and copy of advertisement attached to Enrolled Act. Approved March 25, 1958. Page 3130 DODGE COUNTYCOMPENSATION OF COMMISSIONER'S CLERK. No. 347 (House Bill No. 878). An Act to amend an Act creating the office of commissioner of roads and revenues for Dodge County, approved August 18, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved February 12, 1952 (Ga. L. 1952, p. 2418), so as to change the compensation of the clerk 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 for Dodge County, approved August 18, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved February 12, 1952 (Ga. L. 1952, p. 2418), is hereby amended by striking from section 6, the words and figure eighteen hundred dollars ($1800.00) per annum and inserting in lieu thereof the words and figure twenty-four hundred dollars ($2400.00) per annum, so that when so amended, section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid that said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of forty-eight hundred dollars ($4800.00) per annum for his services, to be paid monthly at the end of each month's service, which salary shall cover all expenses of said office except office expenses, such as stationery, books, and office supplies, clerk hire, and other expenses incurred while transacting business of county. Said commissioner is authorized to employ a regular clerk to keep his minutes and books, and to perform such other duties as he may require, and said regular clerk shall receive a salary of twenty-four hundred dollars ($2400.00) per annum, to be paid at the end of each month's service. Said regular clerk shall not be eligible to hold other official positions by reason of being such Page 3131 clerk, but shall be eligible to hold office of county registrar, etc., and to receive compensation therefor. He is authorized to employ such labor as he deems wise and expedient, as may be necessary for the best interest of the county, and shall fix such reasonable compensation for such services as he may think proper. 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 Janaury, 1958 session of the General Assembly of Georgia, a bill to change the compensation of the clerk to the commissioner of roads and revenues of Dodge County; and for other purposes. This 6th day of January, 1958. Frank P. Holder, Jr., Senator, 48th District, R. T. Wright, Representative, Dodge County. (1-8-3tc.) 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 published in the The Times-Journal which is the official organ of said county, on the following dates: January 8, January 15, and January 22, 1958. /s/ R. T. Wright, Representative, Dodge County. Page 3132 Sworn to and subscribed before me, this 30th day of January, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved March 25, 1958. CITY OF STOCKBRIDGECORPORATE LIMITS. No. 349 (House Bill No. 746). An Act to amend an Act incorporating the City of Stockbridge, in the County of Henry, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 939), 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 incorporating the City of Stockbridge, in the County of Henry, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 939), is hereby amended by striking from section 1 of said Act the words and figure three-fourths () of a mile, and by substituting in lieu thereof the words and figures one and three-fourths (1) miles, so that said section, as amended hereby, 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 the inhabitants of the territory now embraced in, and known and heretofore incorporated as the Town of Stockbridge in Henry County, Georgia, by the Superior Page 3133 Court of Henry County, Georgia, under sections 685, 686, and 687 of the first volume of the Code of Georgia of 1895 and embraced at present in the following boundaries: Corporate limits. Extending one and three-fourths (1) miles in every direction from a point, which said point is located thus; by the intersection of a line run along the center of the main line tracks, an equal distance from each track, of the Southern Railway Company's tracks as they now stand, and a line run along the center of the pavement of the public road known as State Highway No. 42, leading from McDonough, Georgia, to Atlanta, Georgia, said line to be equidistant from the edges of said pavement, where said center line of said Southern Railway Company's main line tracks and the center line of said State Highway No. 42, leading from McDonough to Atlanta, intersect in said City of Stockbridge, Henry County, Georgia. Be and they are hereby incorporated under the name and style of the City of Stockbridge, and the City of Stockbridge is hereby chartered and made a city under said corporate name, and by that name is established, and by that name shall have perpetual succession and are hereby vested with all the powers, rights and privileges incident to municipal corporations in this State, or cities thereof; and the said City of Stockbridge may sue and be sued, contract and be contracted with, have and use a common seal, make and enact through its mayor and councilmen, such ordinances, rules and regulations for the transaction of its business and for the proper welfare and government of said city as they may deem best, not inconsistent with the laws of said State or of the United States, and the said City of Stockbridge shall be capable in law to purchase, hold, enjoy, possess and retain any estate or estates, real or personal, lands or tenements of any kind whatever within or without the corporate limits of said city for corporate purposes, and to sell, alien, or lease the same or any part thereof. Section 2. Said Act is further amended by striking from section 2 the words and figure three fourths () of a mile, and by substituting in lieu thereof the words Page 3134 and figures one and three-fourths (1) miles, so that said section, as amended hereby, shall read as follows: Section 2. Be it further enacted, that the boundaries of said City of Stockbridge shall be and extend one and there-fourths (1) miles in every direction from a point, which said point is located thus; by the intersection of a line running along the center of the main line tracks, an equal distance from each track, of the Southern Railway Company's tracks as they now stand, and a line run along the center of the pavement, an equal distance from each edge of said pavement, of the public road known as State Highway No. 42, leading from McDonough, Georgia, to Atlanta, Georgia, where said center line of said Southern Railway Company's main line tracks and the center line of said State Highway No. 42, leading from McDonough to Atlanta, intersect in said City of Stockbridge, Henry County, Georgia. 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 Henry County as to the area of Henry County outside the existing corporate limits of the City of Stockbridge proposed to be annexed, and it shall be the duty of the mayor of the City of Stockbridge as to the City of Stockbridge, to issue the call for an election for the purpose of submitting this Act to the voters of the area of Henry County outside the existing corporate limits of the City of Stockbridge proposed to be annexed and to the voters of the City of Stockbridge for approval or rejection in both areas. To be eligible to vote in the election, a person must be a resident in the area proposed to be annexed and qualified to vote for county officers, or a resident of the City of Stockbridge and qualified to vote in city elections for mayor and other city officials. 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 Henry County and the official gazette of the City of Stockbridge, respectively. The ballot shall have printed thereon the words: Referendum. Page 3135 For approval of the Act extending the corporate limits of the City of Stockbridge. Against approval of the Act extending the corporate limits of the City of Stockbridge. All persons deciding 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 Stockbridge and in the area of Henry County outside the existing corporate limits of the City of Stockbridge 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 Stockbridge or in the area of Henry County outside the corporate limits of the City of Stockbridge proposed to be annexed are for approval of the Act, then it shall be void and of no force and effect. The entire expense of such election in the City of Stockbridge and in the area of Henry County outside the existing corporate limits of the City of Stockbridge proposed to be annexed, including the expense of any survey that may be necessary to determine the limits of the area proposed to be annexed, shall be borne by the City of Stockbridge. It shall be the duty of the ordinary to keep an accurate account of all expenditures toward the holding of such election in the area of Henry County outside the existing corporate limits of the City of Stockbridge proposed to be annexed and present such account to the mayor of Stockbridge for payment immediately following the election. 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 in his area and announce the result to the mayor. It shall be the duty of the mayor to canvass the returns in his area and to certify the results of the election in both areas to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Page 3136 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958, Session of the General Assembly of Georgia, a bill to change the corporate limits of the City of Stockbridge, in the County of Henry; to provide for a referendum; and for other purposes. This 18th day of December, 1957. S. Thomas Ellis, Representative, Henry County. Edward E. McGarity, Senator, 35th District. 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 of notice of intention to introduce local legislation was published in the The Weekly Advertiser which is the official organ of said county, on the following dates: December 19, 1957, December 26, 1957 and January 2, 1958. /s/ S. Thomas Ellis, Representative, Henry County. Sworn to and subscribed before me, this 21 day of Jan. 1958. /s/ Frank H. Edwards, Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. (Seal) Approved March 25, 1958. Page 3137 CITY OF BRUNSWICKCHARTER AMENDED. No. 350 (House Bill No. 776). An Act to amend the charter of the City of Brunswick, Georgia; to authorize and empower the city commission to close certain streets and alleys or portions thereof and to dispose of such streets and alleys or portions thereof so closed in its discretion without advertisements for bids and public sale; to ratify and confirm the conveyance by said City to James D. Paulk of a certain street and alleys which were never dedicated nor accepted as a street and as alleys; to authorize and empower the city commission to lease or sell and, from time to time, convey, with or without public advertisement and bids, for such consideration and under such conditions as the city commission may deem best, any title or interest which the city now has or may hereafter have in any real or personal property owned jointly by the city and Glynn County or jointly by the city and the Brunswick Port Authority; to provide generally for the duties of the city manager; to authorize and empower the commission of said city to acquire lands and facilities for public parking areas, and to construct, maintain, operate and lease such parking areas, to charge for the use 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. The commission of the City of Brunswick is hereby authorized by ordinance duly adopted, to close the following streets and alleys and portions of streets and alleys in the said City of Brunswick, as identified and described according to the well known maps and plan of said city, to-wit: Streets and alleys closed. (a) That portion of that certain 15 foot alley lying between Evergreen Road and Mimosa Road which is bounded easterly by Montpelier lots numbers 188, 189, Page 3138 and 190, and westerly by Montpelier lots numbers 221, 222 and 223. (b) That portion of Mimosa Road which is bounded easterly by Montpelier lots numbers 221, 222 and 223 and westerly by Montpelier lots numbers 224, 225 and 226. (c) That portion of that certain 15 foot alley lying between Mimosa Road and Maple Road which is bounded easterly by Montpelier lots numbers 224, 225, 226 and 227, and westerly by Montpelier lots numbers 256, 257, 258 and 259. (d) That portion of Maple Road which is bounded easterly by Montpelier lots numbers 256, 257, 258 and 259, and westerly by Montpelier lots numbers 260, 261, 262 and 263. (e) That certain 15 foot alley lying in that block bounded northerly by Hopkins Avenue, easterly by Maple Road, southerly by the southern line of Montpelier subdivision, and westerly by Player Street. (f) That certain 15 foot alley lying in that block bounded northerly by Kaiser Avenue, easterly by Maple Road, southerly by Hopkins Avenue and westerly by Player Street. (g) That portion of Player Street extending from the southern line of Montpelier subdivision northerly to the southern line of Kaiser Avenue. (h) That portion of Hopkins Avenue extending from the western line of Montpelier subdivision easterly to the westerly line of Maple Road. In closing said streets and alleys and any portion or portions thereof, the City of Brunswick may retain title to such closed portions thereof, or may, in the discretion of the city commission, convey any portion or portions thereof to the abutting property owner or owners, or may, Page 3139 in the discretion of the city commission, advertise for sale any portion or portions of any of said streets and alleys under the provisions of section 25 of an Act entitled An Act to amend the charter of the City of Brunswick, etc., approved August 11th, 1920 (Ga. L. 1920, pp. 757, 776). Section 2. That the action of the city commission of the City of Brunswick in executing and delivering to James D. Paulk a quitclaim deed conveying to him all those certain alleys and portion of a street, hereinafter described, which had never been dedicated nor accepted, without advertising for bids therefor, upon the conditions and for the consideration stated in said conveyance, dated December 18, 1957, and recorded or shortly to be recorded in the office of the clerk of the superior court of Glynn County, Georgia, is hereby ratified and confirmedsaid portion of street and said alleys are described as follows: All streets, lanes and alleys as shown on maps of the said city, lying within the boundaries of that block bounded by T Street, Norwich Street, First Street and Wolfe Street. Conveyance confirmed. Section 3. That from and after the passage of this Act, the city commission of the City of Brunswick is authorized and empowered to lease or sell and convey from time to time, with or without public advertisement and bids, for such consideration and under such conditions as the city commission may deem best any title or interest which said city now has or may hereafter have in any real or personal property owned jointly by said city and Glynn County, or owned jointly by said city and The Brunswick Port Authority, acquired, or at any time used, for airpark, airport, or port and harbor development or wharf and dock, purposes Authority to sell land. Section 4. That from and after the passage of this Act, the next to last sentence of section fourteen of an Act entitled An Act to amend the charter of the City of Brunswick, to change the corporate name of said city, to abolish the offices of mayor and aldermen and certain other offices of said city created by legislative enactment, Page 3140 to provide for a commissioner-manager form of government for said city, and for other purposes, approved August 11, 1920 (Ga. L. 1920, p. 757), is stricken and repealed and the following sentence inserted and enacted in lieu of said sentence: All vouchers in duplicate shall be handed by the manager to the director of finance, who shall keep a record thereof, and shall draw checks on the bank or banks in which the city funds shall be deposited, which checks shall be payable to the person or persons in whose favor the voucher is drawn. Funds. Section 5. That from and after the passage of this Act, in order to handle automotive traffic, the commission of the City of Brunswick is hereby vested with full authority and power to acquire lands and other facilities, by purchase or the exercise of the right of eminent domain, for off-street public parking areas, and to construct, maintain and operate such off-street public parking areas; and to lease or rent such public parking areas or parts thereof, for such terms of years as it may deem proper, to such person or corporation as it may deem proper, upon such conditions as it may approve; and said city commission is further empowered to collect charges from the public for parking or storing motor vehicles or other vehicles in or on such public off-street parking areas, and may make such charges as it may deem proper and may change the schedule of such charges from time to time, and may collect such charges through parking meters, or otherwise; and if such charges are collected through parking meters, the method of enforcement of collection of such charges may be in the same manner as now or hereafter employed by said city in the operation of parking meters on the streets of said city. In the discretion of the city commission of said city, the income or portions of the income from the charges for the use of such off-street parking areas, or any one or more of them, and as well the property so acquired, may be pledged to pay for acquisition of lands and other facilities acquired or to be acquired for off-street public parking areas. Public parking area. Section 6. Be it further enacted that all laws and Page 3141 parts of laws in conflict herewith be, and the same are hereby, repealed. Section 7. That attached hereto and made a part hereof, as required by the Constitution of the State of Georgia, now of force, is the certificate by the publisher of The Brunswick News to the effect that the notice of intention to apply for local legislation, a copy of which is attached to said certificate, was published in The Brunswick News, the newspaper in which sheriff's advertisements for Glynn County, Georgia, are published, in which county the City of Brunswick is located, in the issues of said newspaper of January 4, 11 and 18, 1958. State of Georgia, County of Glynn. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, C. H. Leavy, Jr., who, having been first duly sworn, on oath deposes and says and certifies, that he is the editor and publisher of The Brunswick News, the newspaper in which are published sheriff's advertisements for Glynn County, Georgia, (in which county lies the City of Brunswick); that the notice of intention to seek local legislation, copy of which is attached below this certificate and affidavit, was published in The Brunswick News in the issues of January 4, 11 and 18, 1958; and that this affidavit and certificate is made by the undersigned as required by Art. III, Sec. VII, Par. XV, of the Constitution of the State of Georgia, ratified August 7, 1945. /s/ C. H. Leavy, Jr. Sworn to and subscribed before me on this 18th day of January, 1958. /s/ Selma B. Bunkley Notary Public, Glynn County, Georgia. (Seal). Page 3142 Notice of Intention to Seek Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia at the 1958 session convening January 13, 1958, a local bill entitled: An Act to amend the charter of the City of Brunswick, Georgia; to authorize and empower the city commission to close certain streets and alleys or portions thereof and to dispose of such streets and alleys or portions thereof so closed in its discretion without advertisement for bids and public sale; to ratify and confirm the conveyance by said city to James D. Paulk of a certain street and alleys which were never dedicated or accepted as a street and as alleys; to authorize and empower the city commission to lease or sell, and, from time to time, convey, with or without public advertisement and bids, for such consideration and under such conditions as the city commission may deem best, any title or interest which the city now has or may hereafter have in any real or personal property owned jointly by the city and Glynn County or jointly by the city and the Brunswick Port Authority; to provide generally for the duties of the city manager; to authorize and empower the commission of said city to acquire lands and facilities for public parking areas, and to construct, maintain, operate and lease such parking areas, to charge for the use thereof; and for other purposes. This January 2, 1958. B. N. Nightingale, City Attorney for the City of Brunswick, Ga. 1/4-11-18. Approved March 25, 1958. Page 3143 CITY OF SWAINSBOROCHARTER AMENDED. No. 352 (House Bill No. 845) 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 increase the corporate limits of said city; to provide a referendum for the submission of this Act for approval or rejection and a procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), 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 prescribed in section 1, the corporate limits of the City of Swainsboro shall embrance all of that area within the following descriptions: Parcel 1. Beginning at the point where the existing corporate limits of said city intersects with the center line of the Georgia and Florida Railroad in a general northerly direction from the center of said city; thence in a generally northerly direction along the center of the Georgia and Florida Railroad 1,881 feet; thence in a general northwesterly direction to a point that is one mile in a general northwesterly direction along the center of U. S. Highway No. 1 to the point that is one mile from the point where the existing corporate limits of the City of Swainsboro intersects the center of U. S. Highway No. 1 in a generally northwesterly direction from the center of said city; thence in a general southwesterly direction to the point that is one mile (measured along the center of U. S. Highway No. 80) that is one mile in a generally westerly direction from the point where the existing corporate limits of the City of Swainsboro intersects the center of U. S. Highway No. 80; thence in a generally southeasterly direction to the point on the Old Nunez Road that is three-fourths mile (measured along the center of said road) from the point where the Old Nunez Road intersects the existing corporate limits of said city; thence in a generally easterly direction to the point in the center of the Georgia and Florida Railroad that is 3,082 feet south of the point where the existing corporate limits of the City of Swainsboro intersects the center of the Georgia and Florida Railroad on the southerly side of the center of said city; thence 3,082 feet in a generally northerly direction along the center of said railroad to the point where the center of the Georgia and Florida Railroad intersects the existing corporate limit of said city; thence along the existing corporate limits clockwise to the point of beginning and in addition there-to all of that tract of land purchased by the City of Swainsboro from Jesse 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. Parcel No. 2. Beginning at a point where the center of the Georgia and Florida Railroad intersects the existing corporate limits of said city in a generally northeasterly direction from the center of said city; thence in a generally northeasterly direction along the center of said railroad 1,881 feet; thence in a generally easterly direction to the point in the center of U. S. Highway No. 80 on the easterly side of said city that is one mile (measured along the center of said highway) from the point where the existing corporate limits of said city intersects the center of U. S. Highway No. 80; thence along the generally southerly direction to a point that is two miles due east of the existing center of the corporate limits of said city; thence due west one mile; thence along the existing corporate limits of said city in a counter-clockwise direction to the point of beginning. Parcel No. 3. Beginning at a point that is one mile due east of the center of the existing corporate limits of said city; thence due east one mile; thence in a generally southwesterly direction to the point in the center of U. S. Highway No. 1 on the southerly side of the center of said city that is one mile (measured along the center of said highway) southewesterly from the point where the center of U. S. Highway No. 1 intersects the existing corporate limits of said city; thence in a generally westerly direction to the point in the center of the Georgia and Florida Railroad on the southerly side of the center of said city that is 3,082 feet south of the point where the center of the Georgia and Florida Railroad intersects the existing corporate limits of said city on the southerly side of the center of said city; thence in a generally northerly direction along the center of the Georgia and Florida Railroad 3,082 feet to the point where the center of the Georgia and Florida Railroad intersects the existing corporate limits of said city; thence along the existing corporate limits of said city in a counter-clockwise direction to the point of beginning. Page 3145 Section 2. Not less than sixty nor more than ninety 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 Emanuel County as to parcels Nos. 1, 2 and 3, and it shall be the duty of the mayor of the City of Swainsboro as to the City of Swainsboro to issue the call for an election for the purpose of submitting this Act to the voters of parcels Nos. 1, 2 and 3, and to the voters of the City of Swainsboro for the approval or rejection in either of the affected parcels and the City of Swainsboro. The ordinary and the mayor shall set the date of such election to be held on the same date not less than sixty nor more than ninety days prior to January 1, 1959. 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, Page 3146 respectively. The ballot shall have written or 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 a majority of the votes cast on such question in both the City of Swainsboro and in parcels Nos. 1, 2 and 3 respectively proposed to be annexed are for approval of the Act, then it shall become of full force and effect as of January 1, 1959. If less than a 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 parcel No. 1 are for approval of the Act, then it shall be void and of no force and effect as to parcel No. 1. If less than a majority of the votes cast in parcel No. 2 are for approval of the Act, then it shall be void and of no force and effect as to parcel No. 2. If less than a majority of the votes cast in parcel No. 3 are for approval of the Act, then it shall be void and of no force and effect as to parcel No. 3. It is the purpose of this referendum to extend the corporate limits of the City of Swainsboro to include each of the parcels proposed to be annexed only upon the approval of the majority of the qualified and registered voters of the City of Swainsboro voting thereon and the approval of a majority of the qualified and registered voters of the respective parcels voting thereon. The expense of such election on parcels Nos. 1, 2 and 3 shall be borne by Emanuel County. The expense of such election in the City of Swainsboro shall be borne by said city. It shall be the duty of the ordinary to hold and conduct such election in parcels Nos. 1, 2 and 3 in such manner as the qualified and registered voters that are registered in each parcel may express their desire as to whether to be included within the corporate limits of the City of Page 3147 Swainsboro. All residents over eighteen years of age in such parcels 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 parcels. 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 election 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, 1958 session of the General Assembly of Georgia a bill to change the corporate limits of the City of Swainsboro; and for other purposes. This 10th day of December, 1957. Geo. L. Smith II Representative, Emanuel County, Ga. Dec. 12, 19, 26. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George 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 Page 3148 the official organ of said County, on the following dates; December 12th, 19th, 26th, 1957. /s/ Geo. L. Smith II Representative, Emanuel County. Sworn to and subscribed before me this 28 day of Jan. 1958. /s/ Frank H. Edwards Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal). Approved March 25, 1958. CITY OF DULUTHNEW CHARTER. No. 357 (House Bill No. 848). An Act to incorporate the City of Duluth, in the County of Gwinnett and State of Georgia, and to supercede and to repeal the Act incorporating the Town of Duluth (Ga. L. of 1906, p. 712 and all amendments thereto); to provide a municipal government therefor; to define the name, style and corporate limits of said city; to define the powers and authority of said municipality; to provide for the election of a mayor and councilmen and fix their terms of office, their authority, powers, duties and salaries; to provide for the filling of vacancies; to provide for the hiring of city employees and fixing their salaries and duties; to provide for the registration of voters and the manner of holding city elections; to provide for police regulations and the enforcement thereof; to provide a police court and who shall preside therein; to provide for bonds and forfeitures; to provide for the raising of revenue by taxation, business licenses, bonds, etc.; to provide how public property belonging to said municipality Page 3149 may be sold; to provide for the granting of franchises by said municipality; to provide the manner of improving, working and closing of roads, streets and sidewalks, and the assessment of costs thereof; to provide for rules and regulations for the health and sanitation of said municipality; to provide for the condemnation of private property for public use and to abate nuisances; to provide for the regulation of public utilities therein; to authorize the governing authorities of said municipalities to enact zoning and building regulations; to provide regulations for the prevention of fires; to provide for water, gas, sewerage and electric distribution systems for said municipality and surrounding territory; to provide that no valid or existing ordinance, rules or regulations of the present corporation, The Town of Duluth, not inconsistent herewith, nor any contract or right made or acquired under the same shall be affected by this Act; to provide for the issuance of executions and subpoenas and the enforcement thereof; to provide for the removal of the mayor or any member of the council for neglect of duty; 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 from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Duluth, located in the County of Gwinnett, State of Georgia, be and are hereby incorporated under the name and style of City of Duluth, and by that name shall be and are hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in anywise appertaining to said Town of Duluth as hereinbefore incorporated, shall be and are hereby vested in the City of Duluth created by this Act. And the said city of Duluth created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common Page 3150 seal, and make and enact, through its mayor and council, such ordinances, rules, regulations and resolutions for the transaction of its business and 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. And the said City of Duluth shall be able in law to purchase, hold, receive, enjoy, possess and retain in fee simple, or for any term of years, and 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, sell and convey, rent or lease, and otherwise manage and dispose of all property now owned or hereinafter acquired by said city, and all transfers and conveyances of real or personal property heretofore made by said Town of Duluth are hereby confirmed, ratified and declared legal; provided, that no public utility such as water system, or any property used in connection therewith and necessary for the maintenance of the same owned or controlled by the City of Duluth shall ever be sold, leased or otherwise disposed of unless assented to and approved by a majority of the qualified voters of the city at an election to be held for that purpose as other city elections are held. And the said City of Duluth shall succeed to all the rights and liabilities of the old corporation, the Town of Duluth, and all existing ordinances, resolutions, rules, and by-laws of the old corporation, the Town of Duluth, remain unaffected hereby and are hereby continued and confirmed. Incorporated. Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the City of Duluth shall be the same as presently exist for the Town of Duluth, and shall extend in a circle of three quarters of a mile in every direction from an iron pin located at the freight depot of the Southern Railway Company in said City of Duluth, same being more particularly designated and located by beginning at the center of the intersection of the Lawrenceville-Duluth paved highway with the Railroad crossing of the Southern Railroad, and running Page 3151 thence south 47 degrees west, 132.2 feet to the iron pin aforesaid, which is also 20 feet from the Southeast corner of the present freight depot of the Southern Railway Company in said city. Corporate limits. Section 3. Be it further enacted by the authority aforesaid, that the municipal government of said City of Duluth shall consist of a mayor and five councilmen. The present mayor and councilmen of the Town of Duluth shall continue in office until the expiration of the term for which they have been elected, and until their successors are elected and qualified, and they shall have and exercise all of the rights, powers and duties hereby conferred on the mayor and council of the City of Duluth. On the third Saturday in December, 1958, there shall be elected three councilmen, whose term of office shall be for two years, beginning on the first Monday in January 1959, and each of said councilmen shall hold office until his successor is elected and qualified; and on the third Saturday in December every two years thereafter there shall be elected three councilmen, whose term of office shall be two years, and until their successors are elected and qualified, who shall take office on the first Monday in January next following their election. On the third Saturday in December, 1959, there shall be elected a mayor and two councilmen, whose term of office shall be for two years, beginning on the first Monday in January, 1960, and each of said officers shall hold office until his successor is elected and qualified. And on the third Saturday in December every two years thereafter there shall be elected a mayor and two councilmen, whose term of office shall be for two years, and until their successors are elected and qualified, who shall take office on the first Monday in January next following their election. Mayor and Councilmen, terms, etc. Section 4. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of mayor or councilmen of said city unless he shall have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city. If the mayor or either of Page 3152 the councilmen should remove his residence or domicile out of said city during his term of office, said office shall automatically become vacant. Qualifications. Section 5. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and council in each year, they shall elect one of their number pro tem., whose term of office shall be one year, and during the sickness, absence or disqualification of the mayor, the mayor pro tem., or in his sickness, absence or disqualification, any one of the councilmen, chosen by the members present, shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. Mayor Pro tem. Section 6. Be it further enacted by the authority aforesaid, that in the event the office of mayor, or any one or more of said council shall become vacant, for any reason whatever, the remaining members of the council shall fill said vacancy for the unexpired term. Vacancies. Section 7. Be it further enacted by the authority aforesaid, that the mayor, or mayor pro tem., and three members of the council shall constitute a quorum for the transaction of any business before the city council, the mayor, or mayor pro tem., if he be presiding, shall be entitled to vote only in case of a tie, or in case only one vote is needed to pass any motion, resolution, ordinance or other question before the council, the mayor, or mayor pro tem., if he be presiding, may vote. No motion, resolution, ordinance or other question before the council shall pass unless a majority of the members present, including the mayor, or mayor pro tem., if he be presiding, vote for the same, and unless the said motion, resolution, ordinance or other question receive at least three affirmative votes. Quorum. Section 8. Be it further enacted by the authority aforesaid, that the mayor of said City of Duluth receive a salary, to be fixed by the council, not to exceed six hundred ($600.00) dollars per annum; and each member of council shall receive a salary, to be fixed by council, Page 3153 not to exceed one hundred twenty ($120.00) dollars per annum. The mayor and council shall meet for the purpose of transacting business for said city only at the city hall as now or hereafter established. The mayor and council, by ordinance or resolution, shall fix the time for the holding of regular meetings for the transaction of business, and the mayor, or in his absence from the city, or sickness, the mayor pro tem. may call special meetings of the council under such rules and regulations as the mayor and council may fix. Salaries, meetings, etc. Section 9. Be it further enacted by the authority aforesaid, that the mayor, or in his absence or disqualification, the mayor pro tem., shall have full power and authority to hold, at such times and places, and under such rules and regulations as may be prescribed by ordinance, a police court for said city, for the trial of offenders against the ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding a fine of two hundred ($200.00) dollars, and imprisonment and labor on the public works of the city for sixty (60) days for each offense, and may impose both a fine and sentence of imprisonment and labor. In the event of the absence or disqualification of both the mayor and mayor pro tem., any member of the council may preside at said police court. Provided, however the mayor and council shall have the right at any time in their discretion, upon the approval of the mayor and at least four (4) councilmen, to create and establish the office of city recorder, elect a city recorder in and for said city and fix the recorder's salary and term of office, which term of office shall be for not more than one year; and from and after the creation of said office of city recorder and the election of a recorder as aforesaid, the said recorder shall preside over the said court, and the said court shall not thereafter be presided over by the mayor, mayor pro tem., or any member of the council, excepting in the absence or disqualification of the said recorder. In the event of the absence or disqualification of the recorder, the mayor, mayor pro tem., or any member of the council may preside over said court with full powers as the city Page 3154 recorder. The mayor and council shall have the right to elect as the city recorder any citizen of said city eligible to hold office as mayor of said city. Said recorder, when elected and qualified, shall have all the powers and authority appertaining to said police court as now exercised by the mayor or mayor pro tem. Police court. Section 10. Be it further enacted by the authority aforesaid, that said mayor, mayor pro tem., and the recorder, if one is elected as above provided, shall have the right to issue warrants for offenses committed within the corporate limits of said City of Duluth, which warrants shall be directed to the marshal, chief of police and the police officers of the city, and shall be executed by either of them; and to hold commitment trials and commit to the jail of said county, or admit to bail, offenders against the laws of this State, for their appearance at the next term of the City Court of Gwinnett County, Georgia, or of the superior court of said county, and it shall be the duty of the jailor of Gwinnett County to receive the persons so committed and safely keep them until discharged by due process of law; and such person, while presiding over said police court, shall have the power to punish for contempt of court any person so offending, which punishment shall not exceed a fine of twenty-five ($25.00) dollars, or fifteen (15) days imprisonment and labor on the public works of said city and shall be in the alternative. Warrants, etc. Section 11. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and council in each year they shall elect a city clerk, a chief of police, and such other officers and servants, including a city attorney, as the mayor and council shall deem necessary for the government of said city. The clerk may be, but not necessarily, a member of council. Each of said officers shall be elected for a term of one year, and at the pleasure of the mayor and council, who shall fix the salary of said officers and servants. Other officers. Section 12. Be it further enacted by the authority aforesaid, that said city clerk shall be a practical book-keeper, Page 3155 and shall keep his office at the city hall of said city, and shall keep a corporate seal and all papers of the city appertaining to his office; he shall be clerk of the city council and of the police court, and shall keep the minutes of the city council and of the police court; copies of all papers filed in the office of the clerk and transcripts of the records of the city council and of the police court certified by the clerk under the corporate seal of the City of Duluth shall be evidence in all courts as if the original was produced. Said clerk shall be the official tax collector of said city, and shall issue all tax executions and shall keep a tax execution docket in which he shall enter all executions issued, the name of the party against whom issued, the amount of the tax, and the final disposition of the same. For issuing each execution for taxes, or for licenses, or for other cause, he shall cause to be charged and collected the sum of fifty cents each, which sum shall be paid to the city treasurer. He shall perform such other duties as the mayor and council shall by ordinance or otherwise require and direct. Duties of city clerk. Section 13. Be it further enacted by the authority aforesaid, that the chief of police shall have full direction and management of the policemen under him, subject to the control and direction of the mayor and council by ordinance. He shall see that all ordinances are enforced and that the men under him discharge their duties faithfully. He shall attend each session of the police court, or instruct one of the policemen under him to be in attendance. He shall collect such funds and enforce such sentences of imprisonment and labor as the presiding officer of said police court may impose, and pay to the city treasurer, for the benefit of said city, all funds collected. The said chief of police shall also be the city marshal and shall be the collecting officer of all executions issued for unpaid taxes, licenses, and other matters, which he may be directed to collect by the mayor and council. He shall execute such executions by levying the same upon either real or personal property, and any property so levied upon shall be advertised and sold as directed by ordinances passed by the mayor and council. Page 3156 There shall be taxed against all persons whom an execution shall be issued, and for levying, advertising, selling and making titles the same costs as are allowed sheriffs for like service, and these fees shall be paid over by said marshal to the city treasurer. The chief of police, and the policemen under him shall be furnished with blank summons in the form prescribed by ordinance, and when an offense is committed, and they are satisfied that the offender is not likely to leave the city, they shall give him a written summons to appear before the police court. If they believe that the offender will leave the city, or fail to appear at police court, they may require the offender to give bond and security conditioned upon his appearing at said police court, and upon his failure to give said bond may confine said offender in the city jail until a hearing before the police court can be had. The chief of police, and the police, and the policemen under him, may execute any warrant issued by any magistrate of this State, upon any defendant found in said city. Upon arrest of any person for violating the criminal laws of Georgia, or when they know that the State law is being violated, they shall immediately apply to the nearest magistrate for a warrant and execute the same. When any offense has been committed in the presence of the said chief of police, or any member of the police force of said city, and the said offender shall flee, they may follow said offender anywhere in said State, arrest the said offender, and return him to the city for trial. Should any person violating any of the ordinances flee from the jurisdiction of said city, such person may be apprehended wherever he may be found in the State, and the warrant of the mayor or mayor pro tem., or recorder of said city shall be sufficient authority for his arrest, return and trial upon the charges resting against him; and should any person after trial and conviction of any violation of any ordinance of said city escape, he may be apprehended wherever found in any county in this State, and the warrant of the mayor, the mayor pro tem., or recorder of said city shall be sufficient authority for his arrest and return. The chief of police and other officers of said city shall perform such Page 3157 other and further duties as shall be required of them by the mayor and council of said city. Chief of Police. Section 14. Be it further enacted by the authority aforesaid, that the mayor and council shall designate the city clerk, or some other person city treasurer, and may designate some bank as a city depository. They shall provide by ordinance or resolution for the drawing of city warrants of checks, and designate who shall sign same. City treasurer Section 15. Be it further enacted by the authority aforesaid, that the mayor, councilmen, city clerk, chief of police, and other policemen employed by said city, shall take an oath to well and truly perform the duties of his office at the time of taking office, and the mayor and council shall require the city clerk, chief of police, or any other officers they see fit, to give a good and sufficient bond for the faithful performance of their duties, and such bonds shall be in the amounts fixed by the mayor and council, and by them approved. Oaths, bonds. Section 16. Be it further enacted by the authority 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 shall fix the manner in which said bonds shall be forfeited, execution issued thereon, and other procedure appertaining thereto. Appearance bonds. Section 17. Be it further enacted by the authority aforesaid, that any person convicted before the mayor or other presiding officer, in the police court, shall have the right of certiorari to the Superior Court of Gwinnett County, Georgia, in the manner prescribed in Chapter 19 of the Georgia Code Annotated. Certiorari. Section 18. 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 Page 3158 government and they shall 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 one per centum thereof, 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, and to provide a fund for the payment of the annual interest of said bonds, a greater ad valorem tax may be levied and collected. Said mayor and council shall provide by ordinance for the return of all taxable property in said city, how said property may be assessed, how the valuation of the property fixed by the taxpayer may be increased or decreased by assessment, and provide penalties for the neglect or refusal to return said property, to provide for the issuance of executions for said taxes, and how said executions may be levied upon the property of the taxpayer, and the property so levied upon shall be advertised and sold, and the proceeds thereof distributed. Taxation. Section 19. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to require any person, firm, company, or corporation, whether resident or non resident of said city who may be engaged in, prosecute or carry out any business, calling, vocation or profession within the corporate limits of said city, by themselves or by their agents to register their names, business, calling, vocation or profession annually and to require such persons, company or corporation to pay for said registration, and for license to carry on, prosecute, or engage in said business, calling or profession, such amounts as the mayor and council may provide by ordinance. Said mayor and council may provide by ordinance for the punishment of all such persons, firms, companies, corporations required by ordinance to register and pay such licenses, or to take out said licenses for same, who fail to comply with all the requirements of said ordinances made in reference thereto. And the mayor and council shall provide by ordinance for the issuance of executions for all or any unpaid license fees due to said city, and said execution Page 3159 shall be enforced and collected in the same manner as tax executions issued by said city. License. Section 20. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and complete control of the streets, sidewalks, public parks and alleys in said city, and shall have full power and authority to condemn property within or without the corporate limits, except property of an existing public utility, for the purpose of public buildings, parks, cemeteries, water supplies, sewerage, drainage, water systems, gas systems, electric systems, and for laying out new streets, grading, or in any way changing streets, lanes and sidewalks in said city, and for any other public purpose, and the manner of condemning said property shall be that now fixed or hereafter fixed by the laws of this State, for the condemnation of property by municipalities. And the said mayor and council shall have the right to relocate, change, close, or abandon any street, sidewalk, lane or alley in said city. Condemnation of property. Section 21. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel or drainage of the sidewalks, streets, alleys, and public parks of said city, and to carry into effect the authority herein granted, the mayor and council shall have full power and authority to assess the costs of paving and otherwise improving the sidewalks and streets against the real estate abutting on such sidewalks to the amount of not more than two-thirds of such costs; and any street railroad company or other railroad company having tracks running through or across the streets of said city shall be required to pave, macadamize or otherwise improve such street in such proportion as the mayor and council may provide by ordinance. Said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purpose above stated as may be just and proper, estimating the total cost of each improvement made, and pro-rating the costs thereof on real estate Page 3160 according to the frontage of the streets or portion of streets so improved, or according to the area of value of said estate, either or all as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of the passage of the ordinance providing for the work and making the assessment. Said mayor and council shall have full power and authority to enforce the collection of any assessment so made for work either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed for the amount assessed against the real estate or the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings as in the case of other sales by the city the same shall be sold at public outcry to the highest bidder. Said sale shall vest absolute title in the purchaser. The marshal shall execute a deed to the purchaser and shall have authority to eject the occupant and put the purchaser in possession. The mayor and council shall have authority to pave and contract to pave the whole surface of the streets without giving any railroad company or other property owner the option of paving such streets themselves. The lien for assessment of abutting property and railroad company for street or sidewalk paving, curbing, macadamizing, grading or drainage shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Street improvements. Section 22. Be it further enacted by the authority aforesaid, that the said mayor and council shall have the full power and authority to zone the said city into fire districts, to enact any and all ordinances, rules and regulations necessary to protect the property in said city from the hazard of fire, and may adopt different rules and regulations for the different zones or districts so established. They may adopt a building code, fixing the minimum specifications for all buildings, wiring and plumbing in said city. They may enact ordinances requiring Page 3161 any person erecting any building or structure of any nature, or doing any repair or remodeling any building or structure in said city to first obtain a permit from said city for such building, structure or repairs, and shall be authorized to fix requirements and conditions such as the filing of plans and specifications and bonds, necessary to be performed by the applicant before such permit is issued; to fix a fee or charge for such permit, and may refuse to issue such permit when in the option of said mayor and council, such building, structure or repairs, because of the materials to be used, the manner in which it is to be construed, or the use to which such building or structure is to be put, would create a fire or other hazard in said city, and such ordinances may provide a penalty for anyone violating the same. Such ordinances and building code may provide how any building, structure or repairs erected in said city without the owner or builder having first obtained a permit for same, or having failed to comply with said ordinance or building code, or having failed to follow the plans and specifications filed with said city, shall be removed by the owner, or city at the owner's expense by execution against the owner of the property on which said building or structure is erected, which execution shall be issued and enforced in the same manner as other executions issued by said city may be enforced. Ordinances. Section 23. Be it further enacted by the authority aforesaid, that the mayor and council may by ordinances, rules, and regulations provide for the examination and licensing of all builders, electricians, pipe fitters and plumbers before such builders, electricians or plumbers, shall do any building, electrical work, or plumbing in said city. Licenses. Section 24. Be it further enacted by the authority aforesaid, that said mayor and council may provide for the inspection of all buildings for the purpose of having the same meet with all requirements relative to the materials used, electrical wiring, plumbing and the safety and strength of the same as the mayor and council may from time to time prescribe by ordinance to guard against Page 3162 loss by fire, injuries to the person, or damage to property. The mayor and council may also prescribe by ordinance such rules and regulations as they may deem necessary, regarding the use and storage of inflammable, combustible, and explosive materials and chemicals, and may by ordinance prohibit the use, and storage of highly inflammable, combustible and explosive materials and chemicals altogether in certain zones or areas of said city. Building inspections, etc. Section 25. Be it further enacted by the authority aforesaid, that the mayor and council may divide the city into zones, and to prescribe what class and kind of buildings, business, callings, trades or professions shall be permitted or prohibited within the zones so prescribed. They may form a planning board in conjunction with governing authorities of Gwinnett County and delegate to such joint planning board such powers and duties as necessary to properly zone and carry out zoning regulations in said city. Building zones, planning board. Section 26. Be it further enacted by the authority aforesaid, that the mayor and council may construct or extend sewers in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated, to assess such part of the cost of the same on the real estate abutting in the street, way or alley in which the same may be extended, according to frontage as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof shall be in the same manner as hereinbefore provided for street improvements. Sewers. Section 27. Be it further enacted by the Authority aforesaid, that said city is authorized to own, use and operate for municipal purposes and for profit a system of waterworks and gas works, both within and without the corporate limits of said city. The mayor and council shall make and enact such ordinances, rules and regulations regarding the use of the same by the public, and provide by ordinance for the punishment of those who illegally use said water or gas, and who illegally divert Page 3163 same from their proper channels of transmission, or who injure or destroy or permit to be injured or destroyed, any meter, pipe, conduit, line, post, lamp or other apparatus belonging to the city and its water and gas systems, or who prevent a gas or water meter from duly registering the quantity of gas or water supplied, or in any way interfere with the proper action or just registration, or, without the consent of the city, divert any gas or water distributed by the city. The police court of said city shall have the right to punish for the violation of any of the ordinances, rules, and regulations in this section provided, even though said violation should occur outside the territorial limits of said city. The mayor and council may prescribe by ordinance for the issuance of an execution to enforce the collection of any sum due said city for the use of water, gas, or other public utility of the city. Public utilities. Section 28. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have the power to grant franchises, easements and right 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 furnishings of water, electric current, gas, or other public service, by the city to such public or private corporation. Provided, the said mayor and council, shall not grant any franchise, easement or authority to any person, or public or private corporation to own, operate or maintain any public utility in competition to any public utility owned by said city within said city. Franchises, etc. Section 29. Be it further enacted by the authority aforesaid, that there shall be a fire department maintained and operated by the City of Duluth under such rules, regulations and ordinances as the mayor and council shall prescribe. In addition to the chief, the fire department shall consist of such number of men who shall receive such salaries as may be prescribed by the mayor and council and who shall be elected by the mayor and Page 3164 council as other officers and servants of said city. The chief shall be the executive head of the department, shall be responsible for the good order and efficiency of the same, and shall make such reports to the mayor and council of the condition of the department as may be required and said chief shall be and he is hereby made ex officio police officer of the city and empowered to make arrests as regular police. Fire department. Section 30. Be it further enacted by the authority aforesaid, that the mayor and council may by ordinance provide for a board of health, to consist of such number, to hold office for such length of time, and to have such powers and duties as the mayor and council may by ordinance provide. The mayor and council shall have power and authority to enact ordinances for the purpose of preventing the spread of infectious or contagious diseases, to declare and maintain quarantine regulations against infectious or contagious diseases of both persons and animals. They shall have power to compel all persons or animals in said city, whether said persons be permanent residents or sojourners, to be vaccinated or inoculated, and may provide vaccination and inoculation points, and employ city physicians at the expense of the city to vacinate or inoculate all persons or animals, and may provide by ordinance punishment for persons failing to be vaccinated or inoculated, or failing to have their animals vaccinated or inoculated. The said mayor and council shall have power and authority to enact ordinances regulating sanitation in said city, require suitable sanitation facilities in all buildings, prohibit open or outdoor privies or toilets, regulate or prohibit the keeping of animals and fowls in said city, requiring owners of lots, parts of lots, cellars, or basements, if the same should become a nuisance or peril to the health of said city, to fill or drain said lots, cellars or basements, and if the owner or occupant of such lots, cellars or basements should fail or refuse after reasonable notice to comply with the requirements of said mayor and council, it shall be lawful for the said mayor and council to have this work performed and by ordinance tax the costs against the property and collect the same by execution Page 3165 issued as provided by ordinance. They shall have power to regulate cemeteries and the burial of the dead, either within or without the city, and to regulate interments therein, to provide rules and regulations as to the size of the burial lots, alleys between graves, type of markers and stone, flowers and shrubbery, sale and ownership of lots therein, and to expend annually a sufficient sum for the proper keeping of said cemeteries. Board of health. Section 31. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to by proper ordinances provide for the abatement of nuisances, lewd houses, gambling and gambling places, blind tigers, and disorderly houses, to charge the expense for abating such nuisances or places against the person causing the same, or the owner of the premises, according as one or the other is liable, and to enforce the collection of said expenses by execution issued as executions for taxes. The said mayor and council shall have full power and authority to provide by ordinance for the abatement or condemnation of any wall, building, structure, awning, shed, signs, etc., which on account of its state of repair, location, construction, etc., is a hazard to the safety of the public or an obstruction to any street, alley or sidewalk, and charge the expenses of abating, condemning or removal of the same against the person causing the same, or the owner of the premises, according as the one of the other is liable, and to enforce the collection of said expenses by execution issued as executions for taxes. Nuisances. Section 32. Be it further enacted by the authority aforesaid, that the execution herein provided for shall be issued by the city clerk, bearing teste in the name of the mayor, directed to all and singular, the chief of police, policemen, and marshal of said city, and to the sheriffs and constables of said State. The city clerk shall keep an execution docket in which he shall record all executions issued, showing the name of the defendant in fi. fa., the dates, the amounts, and the date of satisfaction, if satisfied. Said executions, when issued for advalorem taxes, or for street and sidewalk improvements, Page 3166 shall have the same lien and priority as tax executions and street improvements executions generally have under the laws of this State, and all other executions issued by said city shall have the same lien and priority as executions issued by the superior courts of this State, Provided, that except as to tax executions and executions issued for street and sidewalk improvements, the rights and priorities of third persons shall not be affected unless said executions are recorded on the general execution docket of the superior court of the county in which the property sought to be subjected to such execution is located, and as to such third parties the lien and priority of said execution shall date only from the time said executions are so recorded on said general execution docket. In any case where the defendant in execution has no property within the City of Duluth, then and in that event any execution issued by authority of the city for the enforcement of the payment of any sum for taxes, special assessments, fines, or otherwise, may be levied and enforced in any county in the State in which property of the defendant may be found and for such purposes it shall be the duty of any levying officer into whose hands said execution may be placed to promptly enforce the same in the same manner as other executions are enforced with reference to levy, advertisement and sale. Provided, however, that to any execution issued by said city, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from defendant, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Gwinnett County and there be tried and the issue determined as in cases of illegality, subject to all the penalties provided for in cases of illegality for delay. Fi. fas. Section 33. Be it further enacted by the authority aforesaid, that the said city may issue municipal bonds and revenue certificates for municipal purposes, in the Page 3167 manner and subject to the limitations provided by the laws and Constitution of this State. Bonds. Section 34. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to provide by ordinance for the charge and collection of all items of cost in cases brought into the police court, such as are incident and lawfully chargeable to the prosecution of said cases. 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 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 shall provide general rules of procedure in said court. Police court. Section 35. Be it further enacted by the authority aforesaid, that all persons qualified to vote for members of the General Assembly in the County of Gwinnett, who shall have resided three (3) months within the city limits of the City of Duluth, and have registered as hereinafter provided, shall be qualified to vote in any city election. Elections. Section 36. Be it further enacted by the authority aforesaid, that the city clerk shall keep a permanent voters registration book in which persons desiring to vote in any city election, and otherwise qualified to vote, shall register. Upon application in person by such persons entitled to register, who shall furnish to the city clerk evidence of their qualifications, the clerk, or other registering officer named by the mayor and council shall allow said person to enter upon the registration book his or her name, age, residence and occupation. Said names shall be alphabetically arranged in the register as nearly as possible, the white and colored being kept separate. Page 3168 The registering officer shall be the judge of the qualification of those offering to register, with a right of appeal by the applicant to the mayor and council, and the registrar may in his discretion require the applicant to take oath that he is qualified to so register. The said registration book shall be kept in the office of the city clerk at the city hall, and shall be open for the purpose of registration at all times said clerk's office is open for official business, except, said registration book shall close at the close of the tenth day before any election, and any person registering therein after the tenth day before any election shall not be qualified to vote in said election, and if said tenth day should fall on Sunday or other legal holiday when the city clerk's office is not open, then said registration book shall be closed at the end of the ninth day before said election. Prior to all elections, and after the close of the said registration book, the city clerk, and such other person or persons as shall be designated by the mayor and council, shall make a list of all the qualified voters so registered, after having first purged said list and book of all persons who have died, moved without the city, or otherwise become disqualified to vote, and such list, when certified by the city clerk, shall be the official list of the qualified voters for said election, and shall be furnished as such to the election managers. No person whose name has been purged from said book because of having moved without said city, or having otherwise become disqualified to vote, shall be allowed to again vote in any city election, until his disqualification has been removed, and he has registered anew. Provided, that in all elections for the authorization of a bonded or other indebtedness the State law shall in all respects govern where in conflict with this charter. Same. Section 36 (a). Be it further enacted by the authority aforesaid, that the mayor and council shall appoint, prior to each election, a board of three managers to conduct said election, each of said managers shall be qualified voter of said city, and each shall take an oath to faithfully and impartially conduct said election and prevent all illegal voting, to the best of their skill and power. Page 3169 All elections in said city shall be held in the city hall, and at the discretion of the mayor and council, separate rooms may be provided for the white and colored. The manner of holding said election, a secret ballot, the provisions for voting booths, the hours of keeping the polls open shall in all respects be the same as the holding of an election for the members of the General Assembly in said county. Persons receiving the highest number of votes for respective offices shall be declared elected. At the close of said polls, the managers shall count all votes, and shall return their tally of said votes, together with the list of qualified voters, list of those voting, and all ballots, properly sealed, to the mayor and council. If the results of any election held in said city is contested, notice of contest shall be filed with the city clerk within twenty-four hours after the managers have completed the counting of said votes, setting forth all the grounds of contest, and paying ten ($10.00) dollars in advance to the city clerk as costs. Within ten days thereafter, and after the mayor and council have given two days' notice to the contesting parties as to the time of hearing said contest, the mayor and council shall proceed to hear and determine all issues made by said contest, and their decision shall be final, except as the right of certiorari or quo warranto may apply. Election managers, etc. Section 37. Be it further enacted by the authority aforesaid, that all persons desiring to run for any elective office in said city, shall file a written statement with the city clerk, stating the office for which they are offering, at least by 12 o'clock noon, Eastern Standard Time of the 15th day prior to said election, and if said fifteenth (15th) day should fall on Sunday, or other legal holiday, said statement shall be filed by noon of the following day. To determine the fifteenth (15th) day, the day alleged to be the 15th day shall be counted, but the day of the election shall not be counted. Prior to said election day, the city clerk, under the direction of the mayor, shall have printed or prepared a ballot to be used by the voters in said election, which ballot shall in all respects be a secret ballot without any identifying number or other writing on the part actually denoting the Page 3170 voter's chance. No write-in votes shall be permitted for any office where any duly qualified candidate has properly announced for said office and his name has been printed on the prepared ballot. Any error made by an elector in marking of his ballot, shall not void the entire ballot, but shall void only so much of said ballot as has been erroneously marked. The mayor and council may by ordinance provide that in the case of the election of members of council, all candidates for councilmen, shall designate the councilmen they wish to succeed, and the names of the candidates for the separate places to be filled shall be placed in separate brackets on the ballots. If such an ordinance is not enacted by the mayor and council, and two or more councilmen are to be elected from a group of candidates, then the ballot shall carry instructions as to the number of councilmen to be voted for, and any ballot which is not properly marked accordingly to said instructions, shall be void as to that part erroneously marked. Elections, qualifications of candidates, etc. Section 38. Be it further enacted by the authority aforesaid, that should the mayor or any councilman, wilfully fail and refuse to attend to his duties of office, or attend the meetings of the mayor and council, after due notice of the contemplated action, his office shall be declared vacant by the remaining members of the mayor and council, or council, and the vacancy filled as hereinbefore provided. Recall. Section 39. Any person voting illegally at any election herein provided, or aiding and abetting any other person in voting illegally in such election, or shall falsely take the oath provided for in section 36 hereof, shall be guilty of a misdemeanor, and punished accordingly. Illegal voting Section 40. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to pass ordinances and regulations for the prevention of idleness and loitering within the city limits and to prescribe penalties for violation thereof. Loitering, etc. Section 41. Be it further enacted by the authority Page 3171 aforesaid, that the enumeration of power contained in this Act shall be construed as restrictive, but the mayor and council shall have the power to enact and pass all laws and ordinances, rules and regulations, which they may consider necessary for the good government, peace, order, prosperity, comfort, health, and general welfare of the said city and the inhabitants thereof, and where, under this charter, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, the mayor and council may prescribe the method of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant of the intents and purposes of this Act, nor the laws of the State. Intent. Section 42. Be it further enacted by the authority aforesaid, that all Acts of the General Assembly heretofore passed incorporating the Town of Duluth, be and are hereby consolidated and superseded by this Act, and all Acts of the General Assembly inconsistent with or at variance with this Act are hereby expressly repealed, and all laws and parts of laws inconsistent herewith repealed. That all ordinances passed by the mayor and council of the Town of Duluth under a former charter, or any amendment thereof which are now in force, and which are inconsistent with and at variance with this Act, be and are hereby expressly repealed, but all ordinances of said Town of Duluth heretofore passed and now in force, which are not inconsistent with this Act are continued as ordinances of the City of Duluth, in full force and effect until the same have been repealed by ordinance or resolution of the mayor and council, as provided for in this Act. Same. Section 43. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached heretofore 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 Page 3172 of this local legislation have been complied with for the enactment of this law. State of Georgia, County of Gwinnett. Before me, the undersigned officer duly authorized to administer oaths, personally appeared P. M. Christian, who after being duly sworn, deposes, says and certifies that he is the editor of the News-Herald, a newspaper published in said county and in which the advertisements of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in the News-Herald on the following dates, to-wit: December 19, 1957; December 26, 1957, and January 2, 1958. /s/ P. M. Christian. Sworn to and subscribed before me, this the 24th day of January, 1958. /s/ Chas. C. Pittard, Notary Public, Gwinnett County, Georgia. (Seal). Notice of Proposed Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, at the January session, 1958, an Act to amend, consolidate and supersede the Act incorporating the Town of Duluth, in Gwinnett County, Georgia, and all amendments thereto, and to create a new charter for said municipality; to repeal the Act incorporating the Town of Duluth, approved August 21, 1906, (Ga. L. 1960, p. 712) and all amendments thereto, and to create a new charter for said municipality, created as the City of Duluth, in Gwinnett County, Georgia, to provide for a municipal government, to define the territorial limits of said City of Duluth to be the same as now exist for the Town of Duluth, to provide for the powers thereof, to provide for a mayor and council and to define their powers and duties, and for other objects and purposes, to be contained therein. Page 3173 This December 14, 1957. Y. J. Harrington, Mayor. J. A. Parsons, O. H. Boles, Frank Mattison, Hillian O. Barker, A. J. Corley, Councilmen, Town of Duluth. 9-3t-c. Approved March 25, 1958. CITY COURT OF SANDERSVILLECOURT COSTS. No. 358 (House Bill No. 827). An Act to amend an Act creating the City Court of Sandersville, in and for the County of Washington, approved October 31, 1901 (Ga. L. 1901, p. 164), as amended, particularly by an Act approved August 11, 1922 (Ga. L. 1922, p. 282) so as to change the provisions relative to costs of court, in certain cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Sandersville, in and for the County of Washington, approved October 31, 1901 (Ga. L. 1901, p. 164), as amended, particularly by an Act approved August 11, 1922 (Ga. L. 1922, p. 283), is hereby amended by adding new section to be known as section 41-A, and to read as follows: Section 41-A. In all civil cases filed in said city court, where principal amount involved does not exceed $100.00, the court costs shall be $8.00, which shall be the total costs through final judgment in said court, except for the fees for issuing subpoenas for witnesses and service Page 3174 of same; provided however, that the costs shall be $8.00, in such cases, even if the suit is not prosecuted to final judgment in said court, after filing. The costs herein provided for in such cases shall be distributed equally between the sheriff and the clerk of said city court. In all other civil cases, the cost shall be the same as now or hereinafter provided by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Washington County. Before undersigned authority, duly authorized by law to administer oaths, personally appeared the undersigned subscriber, who after being duly sworn, deposes and upon oath saith: That he is editor and publisher of The Sandersville Progress, published in Sandersville, Washington County, Georgia; that the attached legal advertisement appeared in the regular issues of said paper on January second, ninth and sixteenth. Further affiant saith not. /s/ Charles T. McMichael, Editor. Sworn to and subscribed before me, this 18th day of January, 1958. /s/ Casey Thigpen, Notary Public, Washington County, Georgia. (Seal). Notice. Notice is given that bill will be introduced at next session of General Assembly of Georgia, convening in January, 1958, to amend Act creating City Court of Sandersville (Ga. L. 1901, p. 164), as amended, particularly by an Act of 1922 (Ga. L. 1922, p. 283), so as to change provisions relative to costs of court in certain cases; to change provisions relative to distribution of costs in certain Page 3175 cases; to repeal conflicting laws; and for other purposes. This January first, 1958. Harvey Roughton, Representative. (3tc). Approved March 25, 1958. CITY OF COBBTOWNCHARTER AMENDED. No. 364 (Senate Bill No. 246). An Act to amend an Act, approved August 16, 1920, to amend an Act, to incorporate a City of Cobbtown, so as to provide for the election of a mayor and councilmen for said city all at the same time and that said officers shall be elected for a term of one year, and to strike from the charter of said City of Cobbtown, section 1 of said Act to amend the Act approved August 16, 1920, and for other purposes: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that section 1 of the Act amending the Act, to incorporate a City of Cobbtown, to be found in the Acts of 1920, and on page 864 of said Act, is hereby repealed and the following is hereby enacted in lieu of said section: That from and after the passage of this Act, a mayor, and five councilmen shall be elected biennially for the City of Cobbtown and said election shall be held on the Tuesday the second (2nd) Monday in next December, and bi-ennially thereafter on said date, and said mayor and council shall go in office on the first day of the following January after they are elected and shall hold for a term of two years. And said election shall be held under the law as to the regulation of the same as now provided in the charter of the City of Cobbtown. Mayor and councilmen. Section 2. Be it enacted by the authority aforesaid, Page 3176 that all laws and parts of laws in conflict with this Act be, and the same is hereby repealed. This is to certify that the attached notice of intention to change charter by legislation for The City of Cobbtown appeared in The Tattnall Journal three (3) consecutive issues, Thursday, December 19, 1957, Thursday, December 26, 1957 and Thursday, January 2, 1958. Russel Rhoden. Editor and Publisher. Sworn to and subscribed before me, this 31st day of January, 1958. Jeanne Mason, Witness. Notary Public. My Commission Expires April 1, 1960. Notice of Local Legislation. Notice is hereby given that legislation will be introduced at the 1958 Session of the General Assembly of Georgia to place a minimum and a maximum on salaries of county commissioners. Wilton Hill, State Senator. 12-26-3t. Approved March 25, 1958. DATES FOR HOLDING PRIMARIES IN CERTAIN CITIES No. 368 Senate Bill No. 29). An Act to amend an Act entitled An Act to regulate primary elections in all municipalities in the State of Georgia, by providing how such elections shall be conducted, the returns thereof made, and to provide penalties for the violations thereof, and providing that the same shall apply only to cities of 200,000 or more according to the last or any future Federal Census; and for other purposes, approved March 23, 1933 Ga. L. 1933, p. 227), as amended, particularly by an Act approved March 4, 1953 Ga. L. 1953, Jan.-Feb. Sess., p. 3088), so as to provide the date for primaries; to repeal conflicting laws; and for other purposes. Page 3177 Be it enacted by the General Assembly of Gorgia: Section 1. An Act entitled An Act to regulate primary elections in all municipalities in the State of Georgia, by providing how such elections shall be conducted, the returns thereof made, and to provide penalties for the violation thereof, and providing that the same shall apply only to cities of 200,000 or more according to the last or any future Federal Census; and for other purposes., approved March 23, 1933 (Ga. L. 1933, p. 227), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., 3088), is hereby amended by striking the word May wherever it appears in section 18, and inserting in lieu thereof the words October, so that when so amended section 18 shall read as follows: When applicable. Section 18. All primary elections held by any political party or organization shall be held on the second Wednesday in September preceding any general election provided by law for any such city. Any second primary that may be necessary shall be held within ten (10) days succeeding any such primary originally held pursuant to this section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit and copy of advertisement attached to Enrolled Act. Approved March 25, 1958. Page 3178 COUNTY COURT OF ATKINSON COUNTY CREATED No. 369 (House Bill No. 731). An Act to create and establish a County Court of Atkinson County; to provide for the jurisdiction of said court; to provide for judgments, liens and levies of said court; to provide for the terms of said court; to provide for the precedure, pleading and practice of said court; to provide for a seal, records and files of said court; to provide for judgments and executions of said court; to provide for bailiffs of said court; to provide for a judge and solcitor of said court, their compensation, qualifications and selection; to provide for a clerk and sheriff of said court and their duties and liabilities; to provide for the fees of said clerk and sheriff; to provide for a reporter of said court; to provide for juries of said court; to provide for transfer of cases from the Superior Court of Atkinson County to said court; to provide for petitions and processes and docket calls in said court; to provide for attachments and garnishments of said court; to provide for the place of holding said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The County Court of Atkinson County is hereby created and established, to be located in the City of Pearson, which is the county site of Atkinson County, which court shall have civil and criminal jurisdictions over and throughout the entire County of Atkinson, concurrent with the Superior Court, to try and dispose of civil cases of whatever nature, except those which the Constitution of this State has given the superior courts exclusive jurisdiction; and to try and dispose of all offenses below the grade of felonies committed in the County of Atkinson and the jurisdiction herein conferred shall include, in addition to ordinary suits by petition and process, attachment and garnishment proceedings, habeas-corpus proceedings, illegalities, statutory awards, counter affidavits to any proceeding from said court, Page 3179 proceedings against intruders and tenants holding over, proceedings for partition of personalty, distress warrants, possessory warrants, and foreclosure of all liens, mortgages, and bills of sale to secure debt, except those on real estate. Created, jurisdiction. Section 2. All judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State, in the same manner as judgments of the superior courts are, and all executions issuing from said county court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the said County Court of Atkinson County, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments. Section 3. Said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the superior courts; but that claims to real estate levied on under execution or other process from said county court shall be returnable to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court. Claim cases. Section 4. The terms of said county court shall be monthly and quarterly, the monthly terms for the trial and disposition of both criminal and civil business in which trial by jury is not demanded, and the quarterly terms for the trial and disposition of both civil and criminal business requiring trial by jury. The said quarterly terms shall be held as follows: First Monday in January, April, July, and October of each year. Said monthly period shall be held as follows: On the first Monday of each month of the year. Provided, that the judge of said county court may dispense with the holding of any one or more of said monthly terms, when, in his opinion, the business before the court does not justify holding the same; and providing, further, that said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. All terms Page 3180 of said court shall be held at the court house in the City of Pearson, in the said County of Atkinson and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court may hold adjourned terms of the regular monthly and quarterly terms of said county court; and the judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Section 5. Suits in said county court shall in all respects be comformable 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 county court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the County Court of Atkinson County, or his deputies thereof. Rules. Section 6. In all matters pertaining to service, pleadings and practice, the laws governing the superior courts, where not inconsistent with this Act and unless otherwise specially provided by this Act, shall be applicable to said county court. Same. Section 7. Said County Court of Atkinson County shall be a court of record, shall have a seal, and the minutes, records, orders, and books and files that are required by law and rules to be kept for the superior courts shall be kept in and for said county court and in the same manner; and all laws applicable to the powers and duties of the clerk and sheriff in said superior courts shall apply to them in said county court, except where they conflict with the provisions of this Act. Court of Record, etc. Section 8. All laws for the regulating and enforcing of judgments of the superior courts, whether civil or criminal, shall apply to said county court, and executions shall issue and be levied and sales be had there under the same rules and laws regulating the same in the superior courts. Practice. Section 9. The judge of said county court is authorized Page 3181 to appoint, at each term of said court, such number of bailliffs as he may deem necessary; and the judge of said court shall have the same power to preserve order, to enforce his orders and judgments, and to punish for contempt as is vested by law in the judges of the superior courts of this State. Bailiffs. Section 10. There shall be a judge of said county court who shall be appointed and commissioned by the Governor after the approval of this Act to serve until December 31, 1958. Beginning at the general election of 1958, and every four (4) years thereafter, the judge of said county court shall be elected by the qualified voters of Atkinson County and shall hold his office beginning January 1, 1959, for a period of four (4) years and thereafter until his successor is qualified. And in case of a vacancy the said office of this vacancy shall be filled by the appointment by the Governor for the unexpired term. The judge of the said county court shall receive a salary of nine hundred dollars ($900.00) per annum which shall be paid monthly by the clerk of the board of commissions 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 Atkinson. And it shall be the duty of the commissioners of roads and revenue 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. Judge. Section 11. No person shall be eligible for the office of said judge unless he shall be at least twenty-five years of age, a citizen of the County of Atkinson for a period of twelve months prior to this election, admitted to the practice of law, and shall have practiced law for a period of two years next preceding his election, or appointment, and he shall, before entering upon the 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 rich and poor, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of Page 3182 the County Court of Atkinson County, 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. The fact that a person may be a member of the General Assembly shall not disqualify him from holding the office of judge of said county court. Same, oath, qualifications. Section 12. Whenever the judge of said county court is from any cause disqualified from presiding and the judge of the superior court cannot from any cause preside in said court, as is provided for in the Constitution, then upon the consent of the parties, or upon their failure or refusal to agree, said cause can 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 13. In case of the absence of the judge of said county court 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 direction be given the court shall be adjourned to the next regular term. Adjournment. Section 14. There shall be a solicitor of said county court, appointed, elected and commissioned in the same manner provided for the appointment and election of the judge of 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 solicitor-general in the superior court; but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of seventy-five dollars ($75.00) per month, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said county 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. Page 3183 Section 15. No person shall be eligible to the office of solicitor of said county court unless he shall have been admitted to the practice of law; and he shall, before entering the duties of his office, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor, or affection, discharge my duties as solicitor of the County Court of Atkinson County, and will take only my lawful fees of office; so help me God, which oath shall be filed in the executive department. The fact that a person may be a member of the General Assembly shall not disqualify him from holding the office of solicitor of said county court. Same, oath, qualifications. Section 16. In case of the absence of said solicitor or his inability from illness or otherwise to appear and prosecute any cause at any term of said court, the judge of said court may appoint a solicitor pro tempore to perform the duties of the solicitor in such absence or inability, and such solicitor pro tempore shall be entitled to receive for his services, should he require it, not exceeding three dollars ($3.00) per day to be paid by the solicitor out of his compensation provided for in section 14 of this Act. Solicitor Pro Tem. Section 17. The clerk and his deputies of the Superior Court of Atkinson County shall be ex-officio clerk and deputies of said county court. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge his duties thereof, which oath shall be entered on the book of minutes of said county court; and he shall also, before entering on the duties of his office, execute a bond with good security, to be approved by the judge of said court, in the sum of five hundred dollars ($500.00) for the faithful discharge of the duties of his office, such bond to be in the form required for clerks of the superior court. Clerk. Section 18. The sheriff and his deputies of Atkinson County shall be ex-officio sheriff and deputy sheriffs of the County Court of Atkinson County, and in his official connection with said court the sheriff of Atkinson County shall be known as the sheriff of County Court of Page 3184 Atkinson County; before entering upon the discharge of the duties of his office, said sheriff shall execute a bond with good security in the sum of five hundred dollars for the faithful discharge of the duties of his office, said bond to be approved by the judge of said court. Section 19. All the duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff shall be attached to the office of clerk of the County Court of Atkinson County and to the office of sheriff of the County Court of Atkinson County, respectively; and that the judge of said County Court of Atkinson County is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judges of the superior courts over the clerks of the superior courts and over the sheriffs of the counties of Georgia. Clerk and sheriff. Section 20. The clerk and sheriff, and their deputies of said county court shall receive for their services the same fees as are allowed by law for like services in the superior court, except that in all civil actions where the principal amount claimed is less than three hundred dollars the clerk's costs shall be one half the amount allowed for similar services in similar cases in the superior court; and provided, that neither the said clerk nor the said sheriff shall be entitled to pay per diem fees for attending the monthly terms of said court when there is no jury empaneled for the trial of cases, such clerk and sheriff being entitled to per diem for attendance at the regular quarterly trial terms only. For services rendered by the clerk and sheriff where no compensation is provided by law, they shall receive such compensation as the judge of said city court shall in his sound discretion allow. The said sheriff and clerk shall be amenable to the same processes and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said county court as they are now or may hereafter be entitled to in the superior court. In all actions ex contractu where the amount of the judgment recovered is less than fifty dollars principal, the plaintiff shall only be entitled Page 3185 to recover judgment for justice court costs, and such plaintiff shall himself be liable for the balance of the costs in such case. Same, fees, etc. Section 21. A reporter or stenographer for said city court may be appointed by the judge of said court, to take down and transcribe testimony and charges of the court in criminal and civil cases tried therein. All civil cases tried in said court shall be reported at the request of either side, plaintiff or defendant, and the fees for reporting such cases shall be the same as those allowed and charged in similar cases in the superior court, and shall be paid by the plaintiff and defendant equally. Said reporter or stenographer shall have the right to enforce payment of his fees in the same manner authorized in like cases in the superior courts. The reporter or stenographer shall report all criminal cases whenever the defendant or his attorney shall demand it, and whenever the judge in his discretion shall require the same reported, whether demanded or not. Said reporter or stenographer shall receive, for his services in reporting and transcribing the record in criminal cases in said county court, the same amount provided by law for similar services by stenographer in the superior courts, which shall be paid out of the treasury of the county in the same manner that the superior court stenographers are paid. Reporter. Section 22. It shall be the duty of the clerk of said court to prepare and file in his office a complete story of the traverse jury list of the superior court of Atkinson County, as provided for from time to time for such superior court. From said copy so made traverse jurors in said county court shall be drawn in the following manner: The clerk of said county court shall write upon separate tickets or slips of paper the names of each traverse juror, and shall number the same and place the same in a box to be prepared and kept for that purpose, from which box shall be drawn all traverse jurors as now required by law in the superior courts, all laws with reference to drawing, selecting, and summoning traverse and tales traverse jurors in the superior courts shall apply in said county court. All exemption from jury duty now Page 3186 of force in the County of of Atkinson shall apply and be of effect in said county court. Jurors. Section 23. All laws in reference to the qualifications, relations, empaneling, fining and challenging of jurors now in force in this State, or hereafter enacted by the General Assembly, regulating the same in the superior court, shall apply to and be observed in said county court, except when inconsistent with the provisions of this Act. Jury trials. Section 24. Unless, in the opinion of the judge, the business of the court demands it, traverse jurors shall be drawn and summoned to serve only at the regular quarterly terms thereof. Jurors. Section 25. From a panel of twenty-four traverse jurors drawn and summoned by the provisions of this Act, to serve at any regular or adjourned term of said court, the judge of said court shall cause to be made up two juries, which shall be known and distinguished as juries numbers one and two and all cases and issues to be tried by jury, civil or criminal, at that term of said court, shall be tried by one of these, or by a jury stricken from both, as hereinbefore provided. In case from any cause said panel should be reduced below twenty-four, the judge of said court shall have power to fill it by causing talesmen to be summoned instanter. In criminal cases tried in said court, the defendant shall be entitled to seven peremptory challenges and the State five, and in all civil cases the plaintiff and defendant shall each be entitled to six peremptory challenges; and all laws and rules, both civil and criminal, regulating the selection of juries in the superior court, shall apply to said county court, except where they are inconsistent with the terms of this Act. Juries. Section 26. All defendants in criminal cases in which the prosecution originates in said county court, or where such defendants are bound over to said county court by any justice of the peace or notary public or other judicial officer, shall be tried on written accusations setting forth plainly the offense charged, founded upon affidavit of Page 3187 the accuser and signed by the solicitor of said county court; and all the proceedings after accusations shall conform to the rules governing in the superior courts. And that in all cases tried upon accusations the offense shall be charged with the same particularity both as matter of form and substance as is required by the laws and the rules of criminal pleading to be observed in bills of indictment in the superior courts. Criminal cases. Section 27. The judge of said county court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations governing the granting of new trials in the superior courts; and all rules of pleading, practice and procedure, governing motions, rules nisi and other proceedings in new trials in the superior courts, shall apply to and govern the same in said county court. New trials. Section 28. Writs of error shall be directed from said county court to the Supreme Court and the Court of Appeals of this State upon bills of exceptions filed under 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. Appeals. Section 29. The judge of the Superior Court of Atkinson County may send down from the superior court of said county all presentments and bills of indictment for misdemeanors to said county court for trial or other disposition, the order so transmitting such cases to be entered on the minutes of both of said courts. Misdemeanors. Section 30. All suits shall be by petition, and process shall be made returnable to the next terms of said court, whether the same is a monthly or a quarterly term, provided such suit is filed in the clerk's office not less than twenty days before the first day of said term; and when the petition is filed on a date less than twenty days before the first day of said term, the process shall be made returnable to the next succeeding term thereafter, whether monthly or quarterly, which shall be the Page 3188 appearance term. And whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, whether it be monthly or a quarterly term. Processes. Section 31. In all cases, the judge at each term, monthly and quarterly, shall call the appearance docket upon some day previously fixed, or on the last day of the term, and, upon such call, all cases in which the defendant has not filed a demurrer, plea, answer or other defense shall be marked In Default, and in such default cases, except as such may be founded upon liquidated claims or demands, judge shall thereupon at said appearance term render judgment without the verdict of the jury; and in all default cases founded upon unliquidated claims or demands, the judge shall, at the request of the plaintiff, hear evidence of value or loss and fix the same, and the judge shall thereupon render judgment without the verdict of a jury. Cases in default. Section 32. Except as otherwise provided in this Act, all laws and rules that are now or may hereafter be in force in the Superior Courts of this State, in regard to appearance and pleading, calling the appearance docket, entering and opening defaults, motions, services, waivers, acknowledgments, pleadings, trials, examinations of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, amendments, demurrers, pleas, procedure and practice, legal remedies, the production of books, papers, etc., shall appertain in said county court. Superior court rules. Section 33. All jurors in said county court, for their services for every day of actual attendance, shall be paid the same amount in the same manner and under the same rules and regulations as jurors in the Superior Court of Atkinson County. Jurors. Section 34. All suits against joint obligors, joint promisors, copartners, or joint trespassers in which any one or more resides in the County of Atkinson may be brought in county court within its jurisdiction as already Page 3189 stated under the same rules and regulations governing such cases in the superior court mutatis mutandis as to copies, second originals, returns, and other matters connected by the suit. Rules, joint defendants. Section 35. The judge of said county court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within its jurisdiction in all cases according to the general laws of the State, and the judge and all other officers of said county court shall have power, respectively, to administer oaths pertaining to their office, as the judge and other officers of the superior court may in like cases do; and the said judge shall also have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which by existing laws such papers may be attested and affidavits administered by the justices of the peace of this State. Same. Perpetuating testimony. Section 36. Attachments and garnishments in said court of returnable to said court shall be directed to the sheriff or his deputies of the County Court of Atkinson County and to all and singular the sheriffs and constables of this State; and the judge of said county court may, or any justice of the peace or notary public may, issue attachments and garnishments returnable to said county court under the same laws that govern the issuing of attachments and garnishments returnable to the Superior Courts. Attachments, etc. Section 37. The governing authority of Atkinson County shall provide a suitable place in the county court house for the holding of said county court, provide the court with such stationery, writing materials, and blank accusations as may be required, and provide the necessary books for keeping the dockets, minutes and records of said court. Section 38. All fines and forfeitures arising from cases tried in said county court, except the proportions due the solicitor, which shall be paid into the county treasury as provided for under section 14 of this Act, Page 3190 shall be subject to the payment of the fees and costs of the clerk and sheriff of said court, the same to be distributed pro rate under the same rules and regulations governing the fees of said officers as not provided by law; provided, that in all cases in which the justices of the peace and ex-officio justices of the peace have bound over any offender to said court, or to the superior court and the case is afterwards transferred to said county court, such magistrate binding over shall be entitled to share as to his costs in the particular case with the officers of said county court hereinbefore named, upon the same terms in any fine or forfeiture that may arise therefrom; provided, further, that the County of Atkinson shall not be liable to the said officers of said court, to-wit, the clerk, sheriff, justices of the peace and ex-officio justices of the peace, for insolvent costs in any criminal case except the costs in the cases where the convicted defendants are hired out by the county authorities in which event the county authorities shall pay to the officers above named the costs in such cases. The clerk of said county court is hereby charged with the duty of collecting, receiving and prorating the fines and forfeitures mentioned herein, and it shall be his duty to keep such records thereof as are required to be kept in the superior court, and he shall faithfully account for all moneys as received. Costs, distribution, etc. Section 39. 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, Jack J. Helms, who, on oath, deposes and says that he is Representative from Atkinson County, and that the attached copy of notice of intention to introduce local legislation was published in the Atkinson County Citizen and the Pearson Tribune which is the official organ of said County, on the following dates: January 2, Jannary 9, and January 16, 1958. /s/ Jack J. Helms, Representative, Atkinson County. Page 3191 Sworn to and subscribed before me, this 20th day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Notarial Seal Affixed). My Commission Expires October 4, 1960. In accordance with the recommendation of the October term of the Atkinson County grand jury notice is hereby given that application will be made at the 1958 January session of the General Assembly of Georgia for the passage of a local bill entitled An Act to create and establish a County Court of Atkinson County; to provide for the jurisdiction of said court; to provide for judgments, liens and levies of said court; to provide for the terms of said court; to provide for the procedure, pleading and practice of said court; to provide for a seal, records and files of said court; to provide for judgments and executions of said court; to provide for bailiffs of said court; to provide for a judge and solicitor of said court, their compensation, qualifications and selection; to provide for a clerk and sheriff of said court and their duties and liabilities; to provide for the fees of said clerk and sheriff; to provide for a reporter of said court; to provide for juries of said court; to provide for transfer of cases from the Superior Court of Atkinson County to said court; to provide for petitions and processes and docket calls in said court; to provide for attachments and garnishments of said court; to provide for the place of holding said court; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1958. Jack J. Helms, Representative, Atkinson County, Georgia. and Waldo Henderson, Senator, 5th Senatorial District of Georgia. Approved March 25, 1958. Page 3192 TAX RECEIVERS NOT TO MAKE ROUNDS IN CERTAIN COUNTIES. Code 92-4611 Amended as to Certain Counties. No. 370 (Senate Bill No. 239). An Act to amend section 92-4611 of the Code, relating to the duties of tax receivers, so as to remove the provisions relative to the tax receiver making rounds to receive tax returns; to provide an effective date; to repeal conflicting laws; to limit the application of this Act to counties with a population between 35,211 and 35,220 according to the 1950 and any future census; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 92-4611 of the Code, relating to the duties of tax receivers, is hereby amended by striking paragraphs 3, 4 and 5, as follows: 3. To give 10 days' notice in writing of the several times and places at which he will attend in the several militia districts of the county, for the purpose of receiving tax returns. 4. To attend at such places at least three times during the period allowed for making returns. 5. To post and maintain a notice showing the day or days on which he will be at the county site for such purpose and inserting in lieu thereof a new paragraph 3, to read as follows: 3. To receive tax returns at his office. Said Code section is further amended by renumbering the paragraphs following paragraph 3 as paragraphs 4, 5, 6, 7, 8 and 9, respectively. Section 2. This Act shall be effective for all taxable years beginning on or after January 1, 1958. Effective date. Page 3193 Section 3. This Act shall apply to and be effective only in those counties with a population between 35,211 and 35,220 according to the 1950 census of the United States and to any future census made by the United States. Where applicable. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. TOWN OF SUGAR HILLCHARTER AMENDED. No. 381 (House Bill No. 860). An Act to amend an Act incorporating the Town of Sugar Hill in the County of Gwinnett, approved March 24, 1939 (Ga. L. 1939, p. 1302), as amended, so as to change the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Sugar Hill in the County of Gwinnett, approved March 24, 1939 (Ga. L. 1939, p. 1302), as amended, is hereby amended by striking section 2 in said Act in its entirety and in lieu thereof inserting the following: Section 2. The territory of said Town of Sugar Hill, Georgia, shall embrace the following territory: Beginning at the present city limits line of the City of Buford on the Southern Railway tracks used as a proper center; thence extending south along said railway in the direction of Atlanta, Georgia for one and one-fourth miles, and embracing the territory included from said railway to a line two thousand (2000) feet west of the Buford-Atlanta Highway on the east side of said railway, and embracing the territory included for a distance of one and one-fourth miles from said railway on the west side thereof. Corporate limits. Page 3194 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given by the undersigned that local legislation will be introduced in the General Assembly of Georgia, which convenes in January, 1957, to amend section 2 of the charter of the Town of Sugar Hill, Georgia, Acts 1939, page 1302 to redefine the limits of the territory of said Town of Sugar Hill so as to fix the eastern boundary of said town a distance of two thousand feet westward from the present Buford-Atlanta Highway. This notice is given in compliance with sections 2-1915 and 47-801 Georgia Code Annotated. /s/ Tom W. Moss, Jr., /s/ Earl P. Storey, Representatives, Elect, Gwinnett County, Georgia. Georgia, Gwinnett County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, Tom W. Moss, Jr., who deposes and says on oath that he is one of the Representatives from Gwinnett County, Georgia, in the General Assembly of Georgia and that the attached copy of notice of local legislation was published in the Lawrenceville Herald, which is the official organ of said county, on the following dates: December 17, December 24 and December 31, 1956. Approved March 25, 1958. Page 3195 TOWN OF LOUISVILLECHARTER AMENDED. No. 383 (House Bill No. 770). An Act to amend an Act, Georgia Laws of 1900, page 305, approved December 18, 1900, as several times amended, entitled An Act to consolidate, amend and supersede the several Acts incorporating the Town of Louisville, Georgia, in the county of Jefferson, and the several Acts amendatory thereof; to change the corporate name; to provide for mayor and councilmen and define their powers and duties; to provide for the establishment and maintenance of a system of waterworks, sewerage and electric lights for said town; to confer additional powers upon the mayor and council of said town; to repeal conflicting laws, and for other purposes, by providing for absentee voting by mail as in the case of State elections; to provide for the costs of elections to be paid by entrance fees to be paid by candidates; to provide that election managers are to be named by the mayor and council; and to provide that qualifications for voting in city elections shall be the same as provided by law for State and county elections, and to provide that in elections where there are two councilmen to be elected all votes cast must be for two councilmen. 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 charter of the said city be amended in the following particulars, to-wit: Section 2. Be it enacted that in all elections after the adoption of this Act any qualified voter who is absent from the city on the date of election or who is physically disabled to vote in person, may vote by mail under all of the terms and conditions and subject to all of the procedures, requirements, privileges and regulations provided by law for such absentee voting in State and county elections under the State law; provided however, that Page 3196 the notice of intention to do so and the application for a ballot shall be given to the registrar of voters of the City of Louisville rather than to the ordinary of the county; and the said registrar shall perform all the duties provided in the State law for the county registrar. Absentee ballots. Section 3. Be it further enacted that in all elections for mayor and council after the passage of this Act the estimated costs and expenses of such election shall be paid by the candidates for mayor paying twenty-five ($25.00) dollars and candidates for council paying fifteen ($15.00) dollars at the time and as a condition upon their qualifications as candidates. Entrance fees. Section 4. Be it further enacted that in all elections after the passage of this Act the election managers provided for by the charter of the said city shall be named and appointed by the mayor and council of the said city. Election managers. Section 5. Be it further enacted that in all elections in the City of Louisville after the passage of this Act the qualifications of voters in such elections shall be the same as the qualifications for voters provided by State Law at the time of such elections for State and county elections. Voters. Section 6. Be it further enacted by the authority aforesaid that in all elections for council from and after the passage of this Act where there are two councilmen to be elected, all votes cast must be for two councilmen. Ballots are to be prepared reading Vote for two. No ballots are to be counted where the voter fails to vote for two councilmen. Ballots. Section 7. 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. To Whom it May Concern: Notice is hereby given that a local bill will be introduced during the 1958 session of the General Assembly Page 3197 of the State of Georgia to be entitled as follows: An Act to amend an Act, Georgia Laws of 1900, page 305, approved December 18, 1900, as several times amended, entitled An Act to consolidate, amend and supersede the Several Acts incorporating the town of Louisville, Georgia, in the county of Jefferson, and the several Acts amendatory thereof; to change the corporate name; to provide for mayor and councilmen and define their powers and duties; to provide for the establishment and maintenance of a system of waterworks, sewerage and electrc lights for said town; to confer additional powers upon the mayor and council of said town; to repeal conflicting laws, and for other purposes, by providing for absentee voting by mail as in the case of State elections; to provide for the costs of elections to be paid by entrance fees to be paid by candidates; to provide that election managers are to be named by the mayor and council; to change the date of elections from Saturday to Friday; and to provide that qualifications for voting in city elections shall be the same as provided by law for State and county elections, and to provide that candidates for council specify which encumbent they wish to succeed. This 3rd day of December, 1957. J. Roy McCracken. J. Roy McCracken, Representative, Jefferson County, Georgia. State of Georgia, Jefferson County. Personally appeared before the undersigned attesting officer, Virginia Polhill Price, who on oath being duly sworn deposes and certifies that the foregoing notice was published for three weeks during a period of sixty days immediately preceding the assembling of the General Assembly of Georgia in Jannary, 1958, the said notice having been published in three issues of December, 1957, of the News and Farmer, a newspaper in which sheriff's advertisements are published in Jefferson County, Georgia, of which paper affiant is the publisher. s/ Virginia Polhill Price. Page 3198 Published in editions of Dec. 5, 12, 19th. Subscribed and sworn to before me, this 27th day of December, 1957. /s/ Hugh T. Saxon, Notary Public, Jefferson County, Georgia. (Seal). Approved March 25, 1958. TOWN OF HAMPTONCHARTER AMENDEDNAME CHANGED TO CITY OF HAMPTON. No. 386 (House Bill No. 745). An Act to amend an Act, incorporating the Town of Hampton in the County of Henry, approved August 23, 1872 (Ga. L. 1872, p. 206), as amended, particularly by an Act approved August 26, 1891 (Ga. L. 1890-91, Vol. 2, p. 710), and an Act approved August 22, 1907 (Ga. L. 1907, p. 682), so as to change the corporate limits of the City of Hampton; to provide for a referendum election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Hampton in the County of Henry, approved August 23, 1872 (Ga. L. 1872, p. 206), as amended, particularly by an Act approved August 26, 1891 (Ga. L. 1890-91, Vol. 2, p. 710), and an Act approved August 22, 1907 (Ga. L. 1907, p. 692), 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. Be it further enacted by the authority aforesaid, That the name of said municipality be changed from the Town of Hampton, to the City of Hampton, and that the municipal government of said City of Hampton shall be vested in a mayor and six councilmen, who are hereby constituted a body corporate, under the name and style of mayor and council of the city of Hampton, Page 3199 and by that name and style shall have perpetual succession, and shall in said name be capable to sue and sued, plead and be impleaded in any court of law or equity in this State; shall have the power to lease, hold, receive, purchase, enjoy, possess and retain to themselves, and their successors for the use and benefit of said city any estate or estates, real or personal, of whatever kind or name, within the limits of said city and to sell, alien, exchange, lease or convey the same or any part thereof, and to make all contracts, and do all other acts relating to their corporate capacity, consistent with the Constitution and laws of said State. The corporate limits of the said city of Hampton, in the County of Henry shall extend and embrace a one-mile radius from the center of the railroad crossing, near the old depot of the Central of Georgia Railroad in said city, said one-mile radius beginning at the intersection of said one-mile radius with the north right of way line of the Turnipseed Road and extending in a clockwise direction to the west right of way line of the Central of Georgia Railroad extending south from Hampton toward Griffin and Macon; thence increasing from a one-mile radius to a 1-mile radius from the above mentioned center of the railroad crossing near the old depot of the Central of Georgia Railroad in said city, and shall extend and embrace a 1-mile radius beginning at the west right of way line of said Railroad and extending in a clockwise direction to the north right of way line of the Turnipseed Road, and thence eastward along the north right of way line of the Turnipseed Road to the beginning point of the one-mile radius. Name changed. Corporate 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 Henry County as to the area in Henry County outside the existing corporate limits of the City of Hampton proposed to be annexed, and it shall be the duty of the mayor of the City of Hampton as to the City of Hampton, to issue the call for an election for the purpose of submitting this Act to the voters of the area of Henry County outside the existing corporate limits of the City of Hampton proposed to be annexed and to the voters of Page 3200 the City of Hampton for approval or rejection in both areas. To be eligible to vote in the election, a person must be a resident in the area proposed to be annexed and qualified to vote for county officers, or a resident of the City of Hampton and qualified to vote in city elections for mayor and other city officials. 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 Henry County and the official Gazette of the City of Hampton, respectively. The ballot shall have printed thereon the words: For approval of the Act extending the corporate limits of the City of Hampton. Against approval of the Act extending the corporate limits of the City of Hampton. All persons deciding 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 Hampton and in the area of Henry County outside the existing corporate limits of the City of Hampton 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 Hampton or in the area of Henry County outside the corporate limits of the City of Hampton proposed to be annexed are for approval of the Act, then it shall be void and of no force and effect. The entire expense of such election in the City of Hampton and in the area of Henry County outside the existing corporate limits of the City of Hampton proposed to be annexed, including the expense of any survey that may be necessary to determine the limits of the area proposed to be annexed, shall be borne by the City of Hampton. It shall be the duty of the ordinary to keep an accurate account of all expenditures toward the holding of such election in the area of Henry County outside the existing corporate limits of the City of Hampton proposed to be annexed and present such account to the Page 3201 mayor of Hampton for payment immediately following the election. 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 in his area and announce the result to the mayor. It shall be the duty of the mayor to canvass the returns in his area and to certify the results of the election in both areas 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, 1958, session of the General Assembly of Georgia, a bill to change the corporate limits of the City of Hampton, in the County of Henry; to provide for a referendum; and for other purposes. This 18th day of December, 1957. S. Thomas Ellis, Representative, Henry County. Edward E. McGarity, Senator, 35th District. 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 of notice of intention to introduce local legislation was published in the The Weekly Advertiser which is the official organ of said county, on the following dates: December 19, 1957, December 26, 1957 and January 2, 1958. /s/ S. Thomas Ellis, Representative, Henry County. Page 3202 Sworn to and subscribed before me, this 21st day of January, 1958. /s/ Frank H. Edwards, (Seal). Notary Public, Georgia, State at Large. My commission expires October 14, 1959. Approved March 25, 1958. TOOMBS COUNTYEMPLOYMENT OF CERTIFIED PUBLIC ACCOUNTANT. No. 387 (House Bill No. 716). An Act to amend an Act creating the office of commissioner of roads and revenue in and for the County of Toombs, approved March 10, 1933 (Ga. L. 1933, p. 687), so as to delete the prohibition against employing a certified public accountant or a firm of certified public accountants who are residents of Toombs County, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenue in and for the County of Toombs, approved March 10, 1933 (Ga. L. 1933, p. 687), as amended, is hereby amended by striking from section 21 the words, who shall be non-resident of Toombs County, so that section 21 as so amended shall read as follows: Section 21. Be it further enacted by the authority aforesaid, that the grand jury sitting at the place regular term of court in each year shall appoint a certified public accountant or a firm of certified public accountants, to audit all the books and accounts of the county, including the tax-receiver, tax-collector, tax-commissioner, treasurer or depository, sheriff, superintendent of schools and Page 3203 especially of the commissioner of roads and revenue, and any of the officers or persons receiving or disbursing county funds. Said accountant so appointed shall have the power to examine upon oath any county officer or any citizen relative to any account, item, warrant, or transaction in connection with any of the affairs of said county, and particularly in connection with the commissioner of roads and revenue. Said accountants shall audit all books, accounts, vouchers, warrants, and other records of the entire county up to the first day of January of the year following his or their appointment, and shall prepare an inventory of all property and material of said county on hand at that date and make a report of their findings to the judge of the superior court of that county, who shall submit the same, together with his comments, criticism, and recommendation, to the grand jury at the first regular term of the superior court thereafter, which grand jury in its discretion may provide for the publication of said report in the official organ of the county or in pamphlet form. No accountant or firm of accountants shall be so employed who shall be in any way related to or for any business connection with any such officer or officers of books to be so audited. The grand jury appointing such accountant or accountants shall prescribe the amount to be paid to them for their services; and after such services have been performed and the judge of the superior court has submitted said report to the grand jury, it shall be the duty of the commissioner of roads and revenue to provide for the paying of said accountant or accountants for their services, upon the written approval of the foreman of the grand jury making the appointment, together with the judge of the superior court. 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 Jannary 1958 session of the General Assembly of Georgia, a bill to authorize the appointment of resident Page 3204 certified public accounts to audit the records of Toombs County; and for other purposes. This 17th day of December, 1957. H. R. Yandle, Representative, Toombs County. 51c3t-tc. 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 Lysons Progress which is the official organ of said county, on the following dates: Dec. 19th and 26th, 1957 and Jan. 2nd, 1958. /s/ Hoyle R. Yandle, Representative, Toombs County. Sworn to and subscribed before me, this 20th day of January, 1958. /s/ G. Hughel Harrison, Notary Public, Georgia, State at Large. (Seal). My Commission Expires April 30, 1961. Approved March 25, 1958. CITY OF EAST POINTCHARTER AMENDED. No. 391 (House Bill No. 871). 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 Page 3205 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: Section 1. Section 3 of an Act approved March 5, 1957 (Ga. L. 1957, p. 2429, et seq.) be and the same is hereby stricken and the following enacted in lieu thereof: 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 others 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. Mayor and council. Section 2. That section 40 of said Act approved March 5, 1957 amending said city charter be and is hereby stricken and the following section enacted in lieu thereof: Section 40. All officers and employees of the City of East Point shall be divided into two divisions: `classified' and `unclassified.' The `classified' shall consist of only those whose terms of office or employment is expressly limited to `during good behavior and efficient service' by ordinance or resolution of the city council, but the mayor, members of the city council, recorder, city attorney, assistant city attorney, civil defense personnel, city physician, personnel director, members of all boards, commissions, authorities and agencies who do not work full-time for said city shall not be included. The `unclassified' shall include all others. Employees. Section 3. That section 95 of said Act approved March 5, 1957, amending said city charter be and is hereby Page 3206 stricken and the following new section enacted in lieu thereof: Section 95. The city council shall provide by ordinances 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 the next January. In no event shall the total of such expenditures for all departments and agencies of the city from January 1st of the budget year to the 31st day of the next January exceed the unexpended balance of income from previous years plus all income said city anticipates receiving before January 31st of the next 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 calendar year. Ordinances, budgets. Section 4. That section 106 of said Act approved March 5, 1957, amending said city charter be and is hereby stricken and the following enacted in lieu thereof: Section 106. The city council shall have power and authority to appropriate and cause such amount as it shall determine is reasonable and proper to be paid as uniform allowances to regular firemen and policemen who have been appointed to serve during good behavior and efficient service, which amounts shall be paid at such times and in such amounts as shall be determined by ordinance adopted by the city council. Firemen and policemen. Section 5. That section 159 of said Act approved March 5, 1957 amending said city charter be and the same is hereby stricken and the following enacted in lieu thereof: Section 159. When a taxpayer shall be dissatisfied with an assessment made by the tax commissioner such Page 3207 owner or taxpayer may appeal such assessment to the board of tax assessors by filing a written appeal with such board within twenty (20) 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 twenty (20) days from the date notice of assessment or an increase in value is mailed to the taxpayer as indicated by postmark on the envelope in which such notice is mailed. Tax assessments. Section 6. That section 162 of said Act approved March 5, 1957 amending said city charter be and the same is hereby stricken and the following enacted in lieu thereof: 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 date issued or on the first day of January in each year, whichever is later, and expire on the last day of December in each year; 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 7. That section 169 of said Act approved March 5, 1957 amending said city charter be and the same is hereby stricken and the following enacted in lieu thereof: Section 169. The cost of water lines may be assessed against the abutting real esate and owners thereof when such lines are constructed solely for their benefit if the city derives no benefit from such lines. The city council may require all or any part of the cost of extending a water line to be deposited with said city in advance. Utility amendments. Page 3208 Section 8. Paragraph (10) of section 193 of said Act approved March 5, 1957 amending said city charter be and the same is hereby stricken and the following enacted in lieu thereof: (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. Bonds Section 9. That section 196 of said Act approved March 5, 1957 amending said city charter be and the same is hereby stricken and the following enacted in lieu thereof: Section 196. The city council of East Point shall have power and authority to divide said city into four or any other number of wards by clearly defined dividing lines by ordinance, provided such ordinance receives the affirmative vote of three-fourths or more members of said city council; 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 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 southline 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 Page 3209 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 10. That section 146 of said Act approved March 5 1957 amending said city charter be and the same is hereby stricken and the following enacted in lieu thereof: 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 ten 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. Group insurance. Section 11. That paragraph (b) of section 134 of said Act approved March 5, 1957 amending said city charter be and the same hereby is stricken and the following enacted in lieu thereof: (b) No person in the employ of said city on the 31st day of January, 1946, nor other persons, shall be compelled by the retirement board to retire until said person has reached the age of 65 years unless the health or physical or mental condition of such person is so poor such Page 3210 person cannot render efficient service, in either of which cases retirement may be compelled by said board or by the city council. Retirement. Section 12. That paragraph (c) of section 136 of said Act approved March 5, 1957 amending said city charter be and the same hereby is stricken and the following enacted in lieu thereof: (c) The retirement board may, if the city council concurs, 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 the time of retirement, but not to an amount in excess of the maximum provided in section 137 of this Act. Retirement Board. Section 13. That section 134 of said Act approved March 5, 1957 amending said city charter be and the same is hereby stricken and the following enacted in lieu thereof: Section 134. Any employee dissatisfied with the action of said retirement board shall have the right to appeal to the Superior Court of Fulton County 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 14. The office of business license inspector is hereby created in and for the City of East Point, and it shall be the duty of the governing authority of said city, by ordinance, to prescribe the oath, duties and powers of said officer. Said city council shall also, by ordinance or resolution, prescribe the compensation and determine the tenure of the person appointed to such office. Said business license inspector shall be appointed by the governing authority of said city. Business license inspector. Section 15. Notice of intention to apply for this local Page 3211 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 16. 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, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 19th day of November, 1957, and once each week thereafter for 10 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 21st day of January, 1958. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My commission expires March 8, 1958. 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 session of the General Assembly of Georgia convening in Page 3212 January 1958, 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 18th day of November, 1957. City of East Point. By Ezra E. Phillips, City Attorney, 1301 Fulton Nat'l Bank Bldg. Atlanta 3, Georgia. Nov. 19, 26; Dec. 3, tfn. Approved March 25, 1958. CITY OF EAST POINTCHARTER AMENDED. No. 392 (House Bill No. 872). 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 Georgia and it is hereby enacted by authority of the same that: Section 1. All of that unincorporated area of Fulton County consisting of land lots 1, 2 and 31 of the 13th district, and land lots 225, 226, 255 and 256 and approximately half of 224 of the 14th district of said county, the geographical boundary line of which annexed area is as follows: Page 3213 Beginning at the northeast corner of said land lot 226 of said 14th district, where the East Point City Limits intersect the City of Atlanta boundary line, and running thence south along the east line of said land lots 226 and 225 forty-six hundred and seventy (4,670) feet, more or less, to a point fifteen hundred (1500) feet south of the north line of said land lot 224; thence east parallel with the north line of said land lot 224 three thousand (3,000) feet, more or less, to the east line of said land lot 224 at a point fifteen hundred (1500) feet south of the north line of said land lot 224; thence south along the east line of said land lot 224 fourteen hundred (1400) feet, more or less, to the south line of said land lot 224; thence west along the south line of said land lot 224 three thousand and seventy (3,070) feet, more or less, to the east line of said land lot 2 of said 13th district; thence south along the east line of said land lots 2 and 31 of said 13th district fifty-nine hundred and forty (5940) feet, more or less, to the southeast corner of said land lot 31; thence west along the south line of said land lot 31 of said 13th district twenty-nine hundred (2900) feet, more or less, to the west line of said land lot 31; thence north along the west line of said land lot 31 of said 13th district twenty-nine hundred and seventy (2970) feet, more or less, to the southeast corner of land lot 1 of the 13th district; thence west along the south line of said land lot 1 of the 13th district twenty-nine hundred (2900) feet to the southwest corner of land lot 1 of the 13th district; thence north along the west line of land lot 1 of the 13th district twenty-nine hundred and seventy (2970) feet, more or less, to the south line of said land lot 256 of said 14th district; thence west along the south line of said land lot 256 one hundred eighty (180) feet, more or less, to the west line of said land lot 256; thence north along the west line of said land lots 256 and 255 of said 14th district six thousand (6,000) feet, more or less, to the north line of said land lot 255; thence east along the north line of said land lots 255 and 226 of said 14th district six thousand and thirty (6,030) feet, more or less, to the east line of said land lot 226 and the point of beginning, Corporate limits. be and said unincorporated area is hereby annexed to and Page 3214 incorporated in the City of East Point, a municipal corporation located within said county, and said unincorporated area with the inhabitants thereof are hereby made a part of the City of East Point subject to all of the obligations, laws and ordinances, rules and regulations applicable to other inhabitants of said city and entitled to all of the rights, powers, benefits, privileges and immunities thereof, as fully and as completely as if they were inhabitants of said city as it now exists, including the obligation to pay taxes for retirement of bonded indebtedness and for all other purposes for which taxes may be lawfully levied and collected by said city, and at the same time subject to all of the government and entitled to all of the protection of said city government. Section 2. The area hereby annexed to and incorporated in the City of East Point shall be and is hereby annexed to and made a part of the second ward of said city, but shall be subject to such ward divisions and revisions as may be made by city ordinance adopted by the city council of East Point. Section 3. Notwithstanding any other provision of this Act, it shall not take effect unless it is approved at a special election, which shall be called and held by the ordinary of Fulton County within not less than ninety (90) days nor more than one hundred and twenty (120) days from final approval of this Act by the Governor, by a majority of the owners of record on the first day of January, 1958, of real estate located in said area hereby incorporated. Referendum. Section 4. Ballots of those voting in favor of said annexation at said special election shall have written or printed thereon the words: For Annexation to East Point, and those voting against such annexation shall have written or printed on their ballots: Against Annexation to East Point. If a majority of the votes cast in said election are against annexation of said area this Act shall not become of force, but if majority of the votes cast in said election are in favor of annexation this Act shall become of full force and effect upon a declaration of Page 3215 results of said election by the ordinary of said county, which declaration shall take place within ten (10) days from the date of said election. Section 5. 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 6. All laws and part of laws in conflict with this Act 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, the official newspaper in which the sheriff's advertisements in and for said County are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 19th day of November, 1957 and once each week thereafter for 10 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 21st day of January, 1958. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My commission expires March 8, 1958. Page 3216 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 session of the General Assembly of Georgia convening in January 1958, 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 18th day of November, 1957. City of East Point. By Ezra E. Phillips, City Attorney, 1301 Fulton Nat'l Bank Bldg., Atlanta 3, Georgia. Nov. 19, 26; Dec. 3, tfn. Approved March 25, 1958. DOUGLAS COUNTYZONING ACT REPEALED. No. 394 (House Bill No. 1148). An Act to repeal an Act providing for zoning in Douglas County, approved February 27, 1956 (Ga. L. 1956, p. 2581); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia; Section 1. An Act providing for zoning in Douglas County, approved February 27, 1956 (Ga. L. 1956, p. 2581), is hereby repealed in its entirety. 1956 Act repealed. Page 3217 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce local legislation to repeal an act entitled Douglas CountyZoning, (Ga. L. 1956, pp. 2581-2586), and for other purposes. /s/ A. A. Fowler, Jr. Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. A. Fowler, Jr., who, on oath, deposes and says that he is Representative from Douglas County, and that the attached copy of notice of intention to introduce local legislation was published in the Douglas County Sentinel which is the official organ of said county, on the following dates: January 24 and 31, 1958 and February 14, 1958. /s/ Alpha A. Fowler, Representative, Douglas County. Sworn to and subscribed before me, this 14th day of February, 1958. /s/ Frank H. Edwards, (Seal). Notary Public, Georgia, State at Large. My commission expires October 14, 1959. Approved March 25, 1958. Page 3218 CITY OF WARNER ROBINSCHARTER AMENDED. No. 401 (Senate Bill No. 304). An Act to amend an Act incorporating the municipality of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 2510), so as to designate said municipal corporation as the City of Warner Robins; to change the terms of office of the mayor and councilmen of said city; to provide for the filling of vacancies in the office of the mayor or councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the municipality of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, particularly by an Act approved Februray 23, 1956 (Ga. L. 1956, p. 2510), is hereby amended by striking section 1 in its entirety and in lieu thereof inserting the following: Section 1. A new municipality be and the same is hereby created to be known as the City of Warner Robins, to have perpetual existence, power to sue and be sued, plead and be impleaded, to have and use a common seal, to hold, possess, lease, sell, or otherwise dispose of property within or without the limits of said city, to borrow money, to fully contract respecting municipal affairs, and to do all and every lawful act relating to its creation and existence as a municipal corporation of this State. Name. Section 2. Said Act is further amended so as to designate said municipal corporation as the City of Warner Robins, it being the express intent of this amendment to change the name of said corporation to the City of Warner Robins. Name. Section 3. Said Act is further amended by striking from section 5 the paragraph that reads: Page 3219 An election for mayor and six (6) councilmen shall be held on the Tuesday after the first Monday in November, 1956, and every four (4) years thereafter on the same day, and the hours for voting shall be as prescribed by the mayor and council, announced at least ten (10) days before the holding of such election. The mayor and councilmen hereafter elected shall serve in their respective offices until their successors are elected and qualified. The present elected officials of said municipality shall continue in office until their present terms expire and until their successors are elected and qualified. An election for mayor and six (6) councilmen shall be held on the Tuesday after the first Monday in November, 1960, and every two (2) years thereafter on the same day, and the hours for voting shall be as prescribed by the mayor and council, announced at least ten (10) days before the holding of such election. The mayor and councilmen hereafter elected shall serve in their respective offices for a term of two (2) years and until their successors are elected and qualified. The present elected officials of said municipality shall continue in office until their present terms expire and until their successors are elected and qualified. Mayor and Council. Section 4. Nothing contained in this Act shall reduce or shorten the term of the incumbent mayor and councilmen. It is the intent and purpose of this Act to change the term of the mayor and councilmen from four to two years after the expiration of the term of the incumbent mayor and councilmen. Same. Section 5. Said Act is further amended by striking section 6 in its entirety and in lieu thereof inserting the following: Section 6. In the event of any vacancy in the office of mayor or councilmen by death, resgination, or for any other cause other than the expiration of a term of office, such vacancy or vacancies shall be filled by a special election to be held within thirty days after such vacancy occurs and in such event the mayor or councilmen as the case may be after taking oath, shall take office immediately. Vacancies. The mayor and councilmen shall hold regular and open meetings on the first Monday of each calendar month and call meetings at such times as is necessary to conduct the affairs of said city. Page 3220 Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit and copy of advertisement attached to Enrolled Act. Approved March 25, 1958. CITY OF NELSONCHARTER AMENDED. No. 404 (Senate Bill No. 301). An Act to amend an Act approved February 25, 1949, (Ga. L. 1949, p. 1536) creating a new charter for the Town of Nelson in the Counties of Cherokee and Pickens, State of Georgia and all Acts amendatory thereof so as to change the name of said Town of Nelson to the City of Nelson; to change the term of office of the mayor and council; to change the hour of opening and closing the polls for the election of said mayor and council; to require all persons eligible to vote to be residents of said town and registered for a period of thirty (30) days prior to the election date; 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: Section 1. An Act to amend an Act approved February 25, 1949 creating a new charter for the Town of Nelson Page 3221 in the Counties of Cherokee and Pickens, State of Georgia and all Acts amendatory thereto, is hereby amended by striking wherever the word Town appears and in lieu thereof inserting the word City, so that the name of said municipality shall be the City of Nelson. Name. Section 2. An Act to amend an Act approved February 25, 1949, creating a new charter for the Town of Nelson, in the Counties of Cherokee and Pickens, State of Georgia and all Acts amendatory thereto is hereby further amended by striking in its entirety section two and inserting in lieu thereof the following: That the municipal government of said town shall be vested in the mayor and five councilmen, who are hereby constituted a body corporated under the name and style of the City of Nelson, and by that name and style shall have perpetual succession; shall be capable of contracting; buying and holding property, suing and being sued; shall have all the incidental rights conferred by law and all rights hereinafter conferred. On the first Saturday in December, 1958 and biennially thereafter, there shall be elected a mayor for said City of Nelson, 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, 1958, there shall be held an election to elect five councilmen for said City of Nelson. 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, 1959, 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, 1959, and until their successors are elected and qualifided. Thereafter on the first Saturday in December in 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 Page 3222 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 city 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. The election of said mayor and council to be held where the council meets in said city between the hours of 9 a.m. and 4 p.m.; said election to be held by any three citizens living in said city who are qualified voters and who are not candidates in said election and who shall be appointed by the mayor and council to hold the election. All persons eligible to vote in said election to be a resident of said city and registered thirty (30) days prior to election date, and no resident of said town may vote who owes taxes to said town which are past due. Said election managers before entering on their duties shall take and subscribe before some officer qualified by law to administer oaths, 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 legally entitled to do so. To the best of our skill and power; so help me God.' The said election managers shall ascertain and make public the results of said election by posting the same conspicuously in writing at the place of election, and, if no contest, the persons declared elected shall assume their official duties as hereinbefore provided. Any contest of elections shall be had as now provided by the laws of Georgia, and any illegal voting to be punished as provided by the laws of Georgia. Any persons qualified to vote at such election and eligible to hold office according to the Constitution and Laws of this State shall be eligible to hold any office in said town. In the event Page 3223 that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen in case of vacancies in the council, and by the councilmen in the case of vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies. Persons so selected shall serve for the unexpired term. The mayor and council shall elect from the council a mayor pro tem., who, in the absence of the mayor, shall act for the mayor in his stead and be clothed with the powers of the mayor. The mayor and council shall have the right to fix rules and regulations to govern themselves. Said mayor and each councilman shall receive a salary of $150.00 per annum to be paid out of the general funds in the town treasury. Mayor and Council, elections, oaths, etc. Section 3. Notice of intention to apply for this local legislation was published three times in the Pickens County Progress in three separate calendar weeks during a period of sixty days next preceding the introduction of this bill in the General Assembly of Georgia, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the Constitution of Georgia. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Publisher's Affidavit attached to Enrolled Act. Approved March 25, 1958. Page 3224 WHITE COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 405 (House Bill No. 1109). An Act to create a board of commissioners of roads and revenues for White County; to provide for the composition of such board; to provide for elections, compensation, powers, duties and terms of office; to provide for a chairman, a clerk and a road supervisor; to provide for filling vacancies; to provide for an audit; to provide for a quorum; to provide for bonds; to provide for a county attorney; to provide for other matters relative to the board of commissioners; to provide for effecive dates; to repeal an Act creating a board of county commissioners of roads and revenues for the County of White, approved March 15, 1933 (Ga. L. 1933, p. 759), as amended; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a board of commissioners of roads and revenues for White County, to be composed of three members. For the purpose of electing such members, White County is hereby divided into three commissioner districts. Commissioner District No. 1 shall consist of: Militia district No. 721 (Blue Creek), militia district No. 1441 (White Creek), militia district No. 426 (Mossy Creek), militia district No. 862 (Shoal Creek). Commissioner District No. 2 shall consist of: Militia district No. 861 (Mount Yonah). Commissioner District No. 3 shall consist of: Militia district No. 836 (Town Creek), militia district No. 1439 (Blue Ridge), militia district No. 558 (Tesnatee), militia district No. 1497 (Chattahoochee), militia district No. 427 (Nacoochee). Commissioner districts. There shall be one member of the board from each of the aforesaid commissioner districts. In order to be Page 3225 eligible to serve on the board from a commissioner district, a person must reside in such district. A member from a commissioner district shall be elected only by the voters of the district which he represents. Section 2. The first election for members of the board created herein shall be held at the general election of November, 1958. The person so elected shall take office on January 1, 1959 for a term of two years and until their successors are elected and qualified. Future elections shall be held every two years at the general election and future successors shall likewise be elected for a term of two years and until their successors are elected and qualified, and shall take office on the first day of January immediately following their election. Elections. Section 3. The members of the board shall elect their own chairman, who shall be compensated in the amount of $90.00 per month. The chairman shall be the administrative officer of the board and shall carry out the duties and policies as prescribed by the full board. The board shall also elect one of their members as clerk of the board, who shall be compensated in the amount of $75.00 per month. The chairman and the clerk shall not be the same member. The third member of the board shall be compensated in the amount of $60.00 per month. No county officer shall be a member of the board and no member of the board shall hold any other county office. The member who acts as clerk shall keep all records of the proceedings of the board and shall perform such other duties as may be necessary to carry on the business of his office and that of the board. The board shall have authority to employ clerical help to assist the clerk and the board in the performance of the duties prescribed hereunder. The board is also authorized to employ such other personnel as is necessary to carry on the affairs of the county. Duties, compensation, etc. Section 4. The board shall employ a person who shall not be a member of the board, who shall be designated as the road supervisor and who shall have general supervision of all road construction, maintenance and Page 3226 repairing in the county. The road supervisor shall serve at the pleasure of the board and his compensation shall be set by the board. Road supervisor. Section 5. In the event a vacancy occurs on the board, the remaining members of the board shall select a person from the district in which the vacancy occurs who shall serve the unexpired term. Vacancies. Section 6. The board shall have exclusive jurisdiction in White County over the following matters: 1. In managing and controlling the county property of whatever kind and description. 2. In levying a general tax and a specific tax or special tax for county purposes, and all road tax and all taxes that may and can constitutionally be levied. Duties. 3. In establishing, changing, and abolishing roads and bridges, ferries, and opening private ways and removing obstructions from private ways as is provided by law, and establishing and changing election precincts. 4. In examining and auditing all accounts of officers having the care, collection, or disbursement of any monies of the county, and bringing them to a settlement with the county; and to this end they are clothed with power to issue executions in favor of the county against such officer who fails, refuses, or neglects to settle with the county. 5. To employ competent auditors to audit any and all books of any and all the officers of said County of White, when in their judgment the same is necessary to be done, and to pay for same out of any funds belonging to the county that may be available. 6. In examining and auditing and allowing and settling all claims of all kinds against the county. 7. In establishing a public works camp in said county. Page 3227 8. In providing for the support of the poor of the county, and in the promotion of health and its preservation. 9. In regulating peddling in the county and fixing the license therefor. Section 7. The board shall have the books of the commissioners audited annually and a report thereof shall be made, either by publishing the same in the official organ of the county or by distributing pamphlets thereof or in such other way as the board deems will reach the most people in the county. Audits. Section 8. Any member of said board of roads and revenues shall have power to administer and attest oaths in any manner appertaining to county business. Oaths. Section 9. Said commissioners of roads and revenues shall also be authorized to purchase real and personal property to be used for county purposes, or when sold for taxes or other debts in which the county may be interested; and they may sell and convey property so purchased, when in their judgment the interest of the county demands it. Powers. Section 10. The board shall hold regular monthly meetings on the first Monday in each month at the court house and shall hold other meetings upon the call of the chairman or upon a call of the majority of the members of the board when the business of the board and the county requires such meetings. Meetings. Section 11. No funds of the county shall be paid out or used except under authority of the board. Payment of funds. Section 12. The member of said board acting as a clerk shall make out a complete statement of all the acts and proceedings of said board and submit the same to the grand jury of each term of the superior court, and all records pertaining to the board shall be open always Page 3228 to the inspection of the citizens of said County of White or other persons interested. Records. Section 13. The grand jury at each term of the court shall have authority to investigate all the records kept by said board when they deem it necessary, and it shall be the duty of said board of commissioners of roads and revenues to submit to said grand jury all such records when demanded. Grand juries. Section 14. Each member of said board shall be required to give either a personal or surety bond payable to the Governor of this State and his successors in office, in the sum of one thousand dollars; said bond to be attested by the clerk of the Superior Court of White County, Georgia; said bond conditional upon the faithful discharge of their duties as such board members, and to be filed in the office of the clerk of the Superior Court of White County, Georgia. Bonds. Section 15. Before entering upon the duties of their respective offices each member of said board shall take and subscribe the usual oath that is taken by county officers. The majority of the members of the board shall constitute a quorum for the conducting of the business of the board. Oath. Section 16. Said board is hereby authorized to employ an attorney at law of said county, to be known as county attorney; and it shall be his duty to represent the county in all matters of controversy in which the county is interested and to be legal advisor to said board, and he shall receive such compensation for his services as may be agreed upon by and between him and said board. County attorney. Section 17. It shall be the duty of the clerk of the Superior Court of White County to certify to the Governor of this State the election of any commissioners or commissioner under this Act, and it shall be his duty to issue to them commissions for their respective terms, as other county officers are commissioned. Commissions. Page 3229 Section 18. An Act creating a board of county commissioners of roads and revenues for the County of White, approved March 15, 1933 (Ga. L. 1933, p. 759) is hereby repealed in its entirety and all acts amendatory thereof are likewise repealed. Provided, however, nothing herein shall affect the terms of the commissioners serving under the provisions of the aforesaid Act of 1933, as amended, and such commissioners shall continue to serve under the provisions of said Act until the expiration of their terms of office as of December 31, 1958. The provisions of this Act, however, relative to commissioner districts, shall be used as to the election in 1958, as provided hereinbefore, and commissioners shall be elected from districts as provided hereinbefore and all of the provisions of this Act shall take effect on January 1, 1959. Prior Act repealed. Section 19. Not less than 30 nor more than 45 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 White County to issue the call for an election for the purpose of submitting this Act to the voters of White County for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 45 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 White County. The ballot shall have written or printed thereon the words: Referendum. `For approval of the Act creating a Board of Commissioners of Roads and Revenues for White County.' `Against approval of the Act creating a Board of Commissioners of Roads and Revenues for White 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, it shall become of full force and Page 3230 effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by White County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. 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 20. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Public: This is to give notice that I will introduce a bill to amend the Act creating the board of roads and revenues of White County, Georgia. To provide for a clerk, to remove the road supervisor from the board and to provide for the hiring of said supervisor by the board and for other purposes. This 29th day of January, 1958. Franklin F. Truelove, Rep. for White County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Franklin F. Truelove, who, on oath, deposes and says that he is Representative from White County, and that the attached copy of notice of intention to introduce local legislation was published in the Cleveland Courier which is the official organ of said county, on the following dates: January 29, February 7, and February 14, 1958. /s/ Franklin F. Truelove, Representative, White County. Page 3231 Sworn to and subscribed before me, this 12th day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved March 25, 1958. VOTERS' REGISTRATION ACTREGISTRATION IN CERTAIN COUNTIES. No. 409 (Senate Bill No. 52). An Act to amend an Act known as the Voters' Registration Act, which effected a complete revision of the laws of this State relating to the registration of voters, approved February 25, 1949 (Ga. L. 1949, p. 1204), as amended by an Act approved February 8, 1950 (Ga. L. 1950, p. 126), and an Act approved February 4, 1952 (Ga. L. 1952, p. 12), so as to provide for places of registration of voters in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Voters' Registration Act, which affected a complete revision of the laws of this State relating to the registration of voters, approved February 25, 1949 (Ga. L. 1949, p. 1204), as amended by an Act approved February 8, 1950, (Ga. L. 1950, p. 126) and an Act approved February 4, 1952 (Ga. L. 1952, p. 12), is hereby amended by adding at the end of section 13 the following: In any county in which there is located all or part of a city having a population of 300,000 or more, according to the United States Census of 1950 or any future United States Census, the commissioners of roads and revenues of said county, in addition to the tax collector's or tax commissioner's office, may designate the city hall in any incorporated municipality or municipalities other than the county seat that they deem necessary or desirable in order to obtain the registration of voters of such county and for this purpose shall station proper personnel and provide a sufficient supply of registration cards at such designated place. so that, when so amended, section 13 shall read as follows: Section 13. The registrars shall keep said registration cards at the tax collector's or tax commissioner's office, where one or more of their number, or one or more of their deputies, shall be stationed for the purpose of taking applications for registration. The presence of any such official shall not be required except at such times as said office is open at regular hours. In any county in which there is located all or part of a city having a population of 300,000 or more, according to the United States Census of 1950 or any future United States Census, the commissioners of roads and revenues for said county, in addition to the tax collector's or tax commissioner's office, may designate the city hall in any incorporated municipality or municipalities other than the county seat that they deem necessary or desirable in order to obtain the registration of voters of such county and for this purpose shall station proper personnel and provide a sufficient supply of registration cards at such designated places. Page 3232 Section 2. All laws and parts of laws in conflict with Act are hereby repealed. Approved March 25, 1958. Page 3233 LAW BOOKS TO CLERK OF SUPERIOR COURT OF DODGE COUNTY. No. 68 (House Resolution No. 430-1070e). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Dodge County; and for other purposes. Whereas, all of the Georgia Supreme Court Reports and all of the Georgia Court of Appeals Reports, and the Annotated Code of Georgia are missing from the office of the clerk of Superior Court of Dodge County and it is believed that no such reports or books have been furnished to said office; and Whereas, such books are necessary in order 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 Superior Court of Dodge County a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports and a complete set of the Annotated Code of Georgia, without cost to the clerk or to the county, except for the payment of packaging and transportation charges, if any, which shall be paid by Dodge 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 Treasurer for the amount required to purchase said books. Approved March 25, 1958. Page 3234 COMPENSATION TO C. A. MOBLEY. No. 70 (House Resolution No. 321-772L). A Resolution. To compensate Mr. C. A. Mobley; and for other purposes. Whereas, on November 4, 1957, in Whigham, Georgia, a rolling machine, belonging to the State Highway Department and operated by an employee of said Department, got out of control and hit a parked automobile, belonging to Mr. C. A. Mobley, and Whereas, Mr. Mobley's car was damaged to the extent of $215.81 and said accident happened through no fault or negligence whatsoever on the part of Mr. Mobley, 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. C. A. Mobley the sum of $50.00 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 25, 1958. COMPENSATION TO E. C. PRATHER. No. 71 (House Resolution No. 316-772g). A Resolution. To compensate E. C. Prather; and for other purposes. Whereas, on or about August 1, 1957, a 1951 Chevrolet truck and lowboy trailer was damaged when hit by a State Patrol vehicle while said truck and lowboy Page 3235 trailer was parked off the shoulder of State Route in Baldwin County, Georgia; and Whereas, the damages to said truck and lowboy trailer was due to the negligence of the operator of the Georgia State Patrol vehicle, and it is only just and proper that compensation be paid for such damages; Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to pay to E. C. Prather the sum of $500.00 as compensation in full for the damages hereinabove enumerated; said sum to be paid from the funds appropriated to or available to said department. Approved March 25, 1958. COMPENSATION TO CLEMON ODOM. No. 97 (House Resolution No. 58-148e). A Resolution. To compensate Clemon Odom; and for other purposes. Whereas, on July 17, 1956, at 10:30 p. m., Clemon Odom accompanied by his wife, Careane Odom, was driving his automobile on State Highway Number 214 at a reasonable rate of speed authorized by law, and Whereas, a tree which had fallen across said highway had not been removed by employees of the State Highway Department as was their duty to so remove, and Whereas, Mr. Odom could not see the tree in time to avoid crashing into it and thereby did crash into it causing damage to his automobile in the amount of Page 3236 $314.91; to his wife's glasses in the amount of $25.00 and sustained personal injuries to himself and his wife in the amount of $5.00 paid for hospital care, and Whereas, the accident occurred through no fault or negligence on the part of Mr. Odom, 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 $344.91 to Mr. Clemon Odom of Oglethorpe, 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 25, 1958. COMPENSATION TO MRS. SUSAN S. HALE AND MR. W. M. HALE. No. 99 (House Resolution No. 477-1142b). A Resolution. Authorizing and directing payment by the State Highway Department to Mrs. Susan S. Hale and Mr. W. M. Hale for damages to their automobile; and for other purposes. Whereas, on the morning of November 19, 1957, Mrs. Susan H. Hale was driving a 1952 model Oldsmobile belonging to herself and Mr. W. M. Hale east on Clay Street in Marietta, Cobb County, Georgia, and Whereas, she stopped for the traffic light at the intersection of said street and U.S. Highway No. 41, waited until it turned green, and then proceeded into and to cross said highway to Franklin Road, and Page 3237 Whereas, a State Highway Maintenance truck operated by an employee of the State Highway Department proceeding south on U. S. Highway did violate the traffic signal and crash into Mrs. Hale's automobile thereby damaging said automobile in the amount of two hundred ninety three dollars and seventy cents ($293.70), and Whereas, the accident occurred through no fault on the part of Mrs. Hale but solely because of the negligence of the employee of the State Highway Department and it is only just and proper that Mrs. Susan S. Hale and Mr. W. M. Hale be compensated for the damages to their automobile. 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. Susan S. Hale and Mr. W. M. Hale the sum of two hundred ninety three dollars and seventy cents ($293.70) for damages to their automobile. The payment of said sum shall be made from funds appropriated or available to said department. The payment shall satisfy all claims due to said accident. Approved March 25, 1958. LAW BOOKS TO CLERK OF SUPERIOR COURT OF WARREN COUNTY. No. 102 (House Resolution No. 414-1044a). A Resolution. Whereas, the Court House of Warren County, Georgia, has been destroyed twice by fire and the office of the clerk of superior court of said county does not have a complete set of the Georgia Supreme Court Reports, nor a complete set of the Reports of the Georgia Court of Appeals and, Page 3238 Whereas, due to natural wear and inadvertent loss, caused beyond the control of the present and prior officers, some volumes not destroyed by fire are missing and, Whereas, the missing volumes in said office of the Clerk of said County are as follows: Georgia Supreme Court Reports, Volumes 1 to 179, inclusive. Reports of the Georgia Court of Appeals, Volumes 1 to 60, inclusive. Therefore, Be it resolved by the General Assembly of the State of Georgia, that the Georgia State Librarian be and she is hereby authorized and directed to furnish to the Clerk of the Superior Court of Warren County, Georgia, without cost, the said volumes of the Georgia Supreme Court Reports and said volumes of the Reports of the Georgia Court of Appeals, for the use of the clerk's office, and to take official receipts from said officer for the same, upon delivery. Approved March 25, 1958. COMPENSATION TO MRS. W. F. MANLEY. No. 105 (House Resolution No. 298-744b). A Resolution. To compensate Mrs. W. F. Manley; and for other purposes. Whereas, on or about December 8, 1954, a State Highway Department motor vehicle, operated by an employee of the State Highway Department, was pulling a grass mower along a street in Madison, Georgia when the mower became loose and crashed into a building Page 3239 known as the Old Morgan County Bank Building, and Whereas, repairs to such building amount to $90.00, and it is only just and proper that the owner of the building, Mrs. W. F. Manley, 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 Mrs. W. F. Manley the sum of $90.00 for compensation, as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved March 25, 1958. COMPENSATION TO AMERICAN NEWS COMPANY. No. 114 (House Resolution No. 361-874c). A Resolution. Proposing compensation to the American News Company for damages to one of its trucks. Whereas, on January 29, 1957, an agent of the American News Company was driving a company truck along Georgia State Highway 99, below Odum, Georgia, at approximately sundown. Suddenly the truck ran into a small creek which crossed the road and which was not covered by a bridge. The road at the time was under the supervision of the State Highway Department, and the detour around said creek was completely unmarked, thus, giving no warning to any motorist driving along the highway. As a result of said accident, the American News Company suffered damage to its truck in the amount of $458.24. Page 3240 Now therefore, be it resolved by the House of Representative and the Senate concurring that the State Highway Department be authorized and directed to pay to the American News Company the sum of $458.24 in full satisfaction for damages as aforesaid, said sum to be paid out of funds appropriated to, or available to, the said department. Approved March 25, 1958. COMPENSATION TO BROOKS A. BIRD. No. 115 (House Resolution No. 450-1109i). A Resolution. To compensate Brooks A. Bird; and for other purposes. Whereas, Mr. Brooks A. Bird was operating his automobile on or about September 17, 1957, on State Route 25 in the city limits of Metter Georgia, and the State Highway Department maintenance truck, being operated by an employee of said department, backed out of a side street and collided with Mr. Brooks' automobile causing damage in an amount of $292.00, and Whereas, the accident happened through no fault or negligence on the part of Mr. Bird, 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. Brooks A. Bird the sum of $292.00 as compensation as set out above. Said sums shall be paid from the funds appropriated to or available to said department. Approved March 25, 1958. Page 3241 LAW BOOKS TO ORDINARY OF JASPER COUNTY. No. 117 (Senate Resolution No. 98). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Jasper County; and for other purposes. Whereas, most of the law books in the office of the Ordinary of Jasper County have been lost or destroyed, and Whereas, such books are necessary for the Ordinary to transact the business of the court and of the county thereof, 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 Jasper County, such volumes of the Georgia Supreme Court Reports, the Georgia Court of Appeals Reports, the Georgia Laws and the Annotated Code of Georgia as are necessary to cause the Ordinary of Jasper County to have a complete set of each, and the Ordinary shall furnish a list of the missing volumes and transmit such list to the State Librarian. Be it further resolved that if for any reason, the State Librarian is unable to furnish any of the above volumes, the Governor is hereby authorized to draw his warrant on the State Treasury for the amount necessary to purchase such books, provided funds are available for such purpose from any unappropriated funds. Approved March 25, 1958. Page 3242 FULTON COUNTY-CITY OF ATLANTA PENSION STUDY COMMISSION. No. 118 (House Resolution No. 476-1142a). A Resolution. Providing for a commission to study and investigate pension and retirement laws affecting teachers in the Atlanta Public School System and Fulton County Public School System and affecting all other officers and employees of the City of Atlanta and of Fulton County and for other purposes. Whereas, the municipal and county officers and employees of the City of Atlanta and of Fulton County and the teachers in the City of Atlanta Public School System and Fulton County Public School System are covered by several separate pension and retirement systems, some of which have been in existence for a long period of time; and Whereas, there exists inequities and disparities between these pension and retirement systems; and Whereas, these systems should be operated in a uniform manner and the benefits provided for retired and pensioned teachers, officers and employees should be harmonious and consistent; and Whereas, any effort to correct individual inequities is likely to endanger the soundness of one or more plans and inadvertently cause inequity and disparity of treatment; and Whereas, the City of Atlanta has heretofore caused a careful study to be made by competent professional people of the three pension systems for officers and employees of the City of Atlanta at a substantial expense; and Whereas, it is desirable that a similar survey be conducted Page 3243 by the representatives of Fulton County and the Fulton County Teachers Association hereinafter named. Now therefore be it resolved by the General Assembly of Georgia that there is hereby created a commission for the purpose of making a full and complete investigation and study of all the pension laws relating to and affecting the officers and employees of the City of Atlanta, of Fulton County and of the Board of Education of Fulton County. This commission shall consist of the following persons representing the officers and employees of the City of Atlanta: Mr. R. Earl Landers, Mr. Carl T. Sutherland, Miss Julia Elliott, Mr. Roger Derthick, Mr. Fred Beerman, and Mr. Roy Parker. The following shall represent the officers and employees of Fulton County and the Fulton County Board of Education: Mr. Robert F. Pennington, Mr. John F. Still, Mr. A. E. Fuller, Mr. O. L. Wooten. The following citizens of Atlanta representing the general public shall be members of the commission: Mr. F. M. Bird, Mr. W. M. Crim, Mr. Mose Turman, Mr. Edward Hammond, Miss Allie B. Mann. This commission shall be known as the Fulton County-City of Atlanta Pension Study Commission. The members of this commission representing the officers Page 3244 and employees of Fulton County and the Fulton County Board of Education shall cause a complete study to be made of the pension systems and operation affecting the officers and employees of Fulton County similar to that which has been completed for the City of Atlanta, the expense of which is to be borne by Fulton County. Upon completion of this investigation and not later than June 1, 1958, the commission herein created shall be organized, shall elect a chairman and a secretary, and adopt rules and regulations for the precedures and operations of said commission. The aforesaid commission is hereby granted subpoena powers, is authorized to hold hearings, examine records of said pension and retirement funds, employ administrative, clerical, fiscal and such other professional assistance as in its judgment may be wise, and is further granted such other powers as are necessary for the performance of its functions under this Resolution. The expenses of its operation shall be borne one-half by Fulton County and one-half by the City of Atlanta. The commission shall make report of its findings and recommendations to the 1959 Session of the General Assembly of Georgia. Upon rendering the report to the General Assembly, the said commission shall stand abolished. Approved March 25, 1958. Page 3245 COMPENSATION TO ROSYER JOYNER, MRS. WILLA MAE McCRANIE, AND MRS. EDITH SUE TOWNSEND. No. 124 (House Resolution No. 434-1071a). A Resolution. To compensate Mr. Rosyer Joyner, Mrs. Willa Mae McCranie Joyner and Mrs. Edith Sue Townsend; and for other purposes. Whereas, Mrs. Willa Mae McCranie Joyner, on October 10, 1957, was driving an automobile belonging to Mr. Rosyer Joyner on State Highway 33 near Quitman, Georgia, and Whereas, a truck belonging to the State Highway Department was parked on the side of the road with no lights on, and Whereas, Mrs. Joyner was unable to avoid a collision with said truck, which collision resulted in injury to herself, to the automobile which she was driving and to Mrs. Edith Sue Townsend, a passenger in the automobile, and Whereas, the automobile, which is the property of Mr. Rosyer Joyner, was damaged in the amount of $125.00 which was not compensated for by insurance, and Whereas, Mrs. Joyner, as a result of said accident, lost $96.00 in earnings and incurred doctor's bills of $19.00 and hospital bill of $53.00, and Whereas, Mrs. Townsend, as a result of said accident, lost $128.00 in earnings and incurred doctor's bills in the amount of $100.00 and hospital bill in the amount of $101.20, Now, therefore, be it resolved by the General Page 3246 Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mr. Rosyer Joyner of Quitman, Georgia, the sum of $100.00, to Mrs. Joyner the sum of $72.00 and to Mrs. Townsend the sum of $201.20 as compensation for damages as hereinabove enumerated. Said sums shall be paid from the funds appropriated to or available to the State Highway Department. Approved March 25, 1958. COMPENSATION TO MRS. BLANCHE PHILLIPS. No. 136 (House Resolution No. 419-1044f). A Resolution. To compensate Mrs. Blanche Phillips; and for other purposes. Whereas, on October 23, 1957, Mrs. Blanche Phillips was operating an automobile belonging to her husband on the road from Thomaston to Woodbury and a State Highway Department truck being operated by an employee of said department was being driven in front of Mrs. Phillips in the same direction and suddenly turned off the road as if to turn around, but just as Mrs. Phillips' automobile came abreast of the truck, it suddenly turned back into the road and into the side of Mrs. Phillips' automobile, and Whereas, Mrs. Phillips suffered severe injuries necessitating a hospital bill of $157.09, a doctor's bill of $103.00, and has been unable to return to work since the accident at a lost of $42.00 per week and it is feared that some of her injuries may have caused permanent damage, and Whereas, the automobile was damaged in the amount of $275.40, and Page 3247 Whereas, the accident happened through no fault or negligence whatsoever on the part of Mrs. Phillips, and it is only just and proper that she 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 Mrs. Blanche Phillips the sum of $3,379.00 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 25, 1958. COMPENSATION TO MRS. CHRISTINE HOWELL IVIE. No. 141 (House Resolution No. 297-744a). A Resolution. Compensating Mrs. Christine Howell Ivie; and for other purposes. Whereas, on July 9, 1955, John Charles Howell, age 17, the son of Mrs. Christine Howell Ivie, was operating a motor scooter east on Flat Shoals, in Atlanta. At said time and place, a State prisoner, who was a trusty operating a DeKalb County prison station wagon at a speed in excess of seventy miles per hour, traveling the wrong way on said one-way street and collided into John Charles Howell, knocking him off the street into an adjoining yard killing him instantly, and Whereas, the accident occurred through no fault or negligence whatsoever on the part of John Charles Howell, and it is only just and proper that his mother, Mrs. Ivie, be compensated therefor, Now, therefore, be it resolved by the General Assembly of Georgia that the State of Georgia is hereby Page 3248 and directed to pay to Mrs. Christine Howell Ivie the sum of $8,000.00 as compensation for the death of her son, as set out above. Said sum shall be paid by the Executive Department through its contingent fund, and the State Budget Bureau is hereby authorized to make the funds available to the contingent fund by an allotment of funds from any surplus funds available. Approved March 25, 1958. COMPENSATION TO JAMES S. BONNER. No. 143 (House Resolution No. 355-847b). A Resolution. Compensating James S. Bonner, Sr., Administrator of the Estate of James S. Bonner, Jr.; and for other purposes. Whereas, on May 6, 1956, 1st Lieutenant James S. Bonner A02227182, Georgia Air National Guard was flying a F84D fighter near Dry Branch, Georgia, and Whereas, Lieutenant Bonner was unable to keep his plane in flight because of the lights on the plane of 1st Lieutenant Charles H. Cox, Jr. A02225455, Georgia Air National Guard, and Whereas, Lieutenant Bonner lost control of his plane and was forced to bail out and let his airplane crash, and Whereas, Lieutenant Bonner lost certain items of personal property as a result of the aforesaid accident, the reasonable value of which was $132.50, and Whereas, the Georgia Air National Guard has investigated the aforesaid accident and determined that Page 3249 it was not the fault of Lieutenant Bonner or Lieutenant Cox, Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Defense be ordered and directed to pay to James S. Bonner, Sr., Administrator of the Estate of 1st Lieutenant James S. Bonner, Jr., the sum of $132.50 as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to the Department of Public Defense. Approved March 25, 1958. COMPENSATION TO DR. JACK W. JONES. No. 146 (House Resolution No. 353-838e). A Resolution. Compensating Dr. Jack W. Jones of Canton, Georgia; and for other purposes. Whereas, the State Highway Department in painting the bridge which spans the Etowah River on Highway 5 below Canton, Georgia, sprayed paint over pastures which the bridge crosses, and Whereas, three heifers and one steer belonging to Dr. Jack W. Jones of Canton, Georgia, did eat such paint, and Whereas, such animals died of lead poisoning, and Whereas, the reasonable value of said three heifers and one steer is $350.00, Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Dr. Jack Page 3250 W. Jones of Canton, Georgia, the sum of $350.00 as compensation as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved March 25, 1958. COMPENSATION TO DR. HORACE G. JOINER. No. 148 (House Resolution No. 417-1044d). A Resolution. To compensate Dr. Horace G. Joiner; and for other purposes. Whereas, on Wednesday, June 19, 1957, Mrs. Horace G. Joiner was operating an automobile owned by her husband, Dr. Horace G. Joiner, on the road from McIntyre to Irwinton and she was driving the automobile behind a State Highway Department truck being operated by an employee of said department, a loose stone flew out of the back of the truck, striking the windshield of the automobile and cracking it, and Whereas, it was necessary to have a new windshield installed at a cost of $147.46, and Whereas, the damage occurred through no fault or negligence whatsoever on the part of Mrs. Joiner and it is only just and proper that Dr. Joiner be reimbursed for said expense, Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Dr. Horace G. Joiner the sum of $147.46 as compensation, as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved March 25, 1958. Page 3251 COMPENSATION TO JOHN ARTHUR HOLLOWAY, SR. No. 151 (House Resolution No. 449-1109h). A Resolution. To compensate John Arthur Holloway, Sr.; and for other purposes. Whereas, the Game and Fish Commission conducted certain experiments relative to the killing of undesirable growth in lakes and ponds, and Whereas, in the summer of 1957, such experiments were being conducted in Candler County, and some of the material was negligently spilled in the pasture and was eaten by cattle belonging to Mr. John Arthur Holloway, Sr., as a result of which the cattle died, and Whereas, such cattle was valued in an amount of $597.00, and it is only just and proper that Mr. Holloway be compensated therefor, Now, therefore, be it resolved by the General Assembly of Georgia that the State Game and Fish Commission is hereby authorized and directed to pay to Mr. John Arthur Holloway, Sr. the sum of $597.00 as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 25, 1958. Page 3252 COMPENSATION TO FRANKLIN TRUELOVE. No. 155 (House Resolution No. 317-772h). A Resolution. To compensate Mr. Franklin Truelove for damages incurred as result of flying stones or gravel from a State Highway Department vehicle; and for other purposes. Whereas, on October 3, 1957, Mr. Truelove was riding in and operating an automobile, a 1954 Model Buick Special four door sedan, owned by him, and as he was proceeding South on U. S. Highway #19, between Leesburg and Albany, Georgia; while traveling at a rate of speed of about 50 to 55 miles per hour; when he was met by a truck belonging to the State Highway Department of Georgia, said truck being operated by a person unknown to Mr. Truelove but known to the said State Highway Department; that Mr. Truelove was on his right side of said highway and the said truck being on the right side of the said highway; that the said truck was traveling North at a good rate of speed, the speed being unknown to Mr. Truelove; that the said truck was loaded with stones and/or gravel to more than the normal body level of the truck; that one or more of said gravels or stones were hurled from the said truck and against the windshield of the Buick sedan of Mr. Truelove with such force as to break said windshield; that the manner and speed of the operation of the Buick sedan being lawful and that the said damage was not the result of negligence on the part of Mr. Truelove but by the negligent manner in which the said Highway truck was loaded, the part of the load being above the body level of the truck in such manner as to allow such stones or gravel to be hurled from the truck when the truck was traveling in a forward motion; and Whereas, Mr. Truelove has incurred the expense of replacement of said windshield. Page 3253 Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia State Highway Department is hereby ordered and directed to pay to Mr. Truelove the sum of $117.75 as compensation for damages and injuries to his car as set out above, said sum shall be paid by the State Highway Department from funds appropriated to or available to said department. I, the undersigned, Franklin Truelove, show the following facts, to-wit; 1. That on October 3, 1957, I was traveling South on U. S. Highway #19, just South of Leesburg and North of Albany, and in a lawful manner, when met by a truck, commonly called a dump truck, said truck being marked as belonging to the Georgia State Highway Department, the driver of said truck being unknown to me but known to the highway department. 2. That the said truck was loaded with stones or gravel with the load of stones reaching above the level of the truck body in such manner that stones or gravel were thrown from the body of said truck. 3. That one or more of said stones or gravels was thrown from said truck into the windshield of the 1954 Buick Special four door sedan owned and being operated by me at the time and place aforementioned. 4. That the windshield of the above-named automobile was broken as the result of the flying stones as before mentioned, causing me to suffer damages in the amount of $117.75 in replacement of said windshield. 5. That said damages was the result of the negligent manner in which the truck was loaded and being operated at the time of said occurrence and that there was no negligence on my part and could not have been avoided by me. /s/ Franklin Truelove. Page 3254 Sworn to and subscribed before me, this 21st day of January, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved March 25, 1958. LAW BOOKS TO HALL COUNTY SUPERIOR COURT. No. 157 (House Resolution No. 310-772a). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Hall County without charge to said county certain law books; and for other purposes. Whereas, certain volumes of the Georgia Supreme Court Reports furnished the Superior Court of Hall County have been lost, misplaced or stolen; and Whereas, such books are necessary to transact said court's business and the business of the State; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian be and is hereby authorized and directed to furnish to the Clerk of the Superior Court of Hall County, without cost to said county except for payment of packing and transportation charges, the following volumes of the Reports of the Supreme Court of Georgia, to wit: Volumes 4, 17, 23, 30, 37, 99, 88, 92, 93, 100, 113, 114, 116, 120, 122, 125, 129, 135, 137, 160, 178, and 184. Be it further resolved that, if for any reason the Page 3255 State Librarian cannot furnish the above volumes, the Governor is hereby authorized to draw his warrant on the State Treasury for the amount required to purchase same on any appropriated funds in the State Treasury, provided said funds are available for this purpose. Approved March 25, 1958. COMPENSATION TO C. A. ARNOLD. No. 160 (House Resolution No. 429-1070d). A Resolution. To compensate C. A. Arnold; and for other purposes. Whereas, on June 14, 1957, a 1954 De Soto Passenger automobile owned and operated by C. A. Arnold was damaged when said vehicle entered on the shoulder of State Highway No. 76, approximately five miles east of Blairsville, Georgia in Union County, at the direction of an employee of the State Highway Department who was engaged in the marking of a center line of said highway when the shoulder upon which the vehicle entered at the direction of the State Highway employee gave way and said vehicle was dropped into a ditch approximately six feet deep; and Whereas, as a result of said accident the aforesaid automobile was damaged in the amount of four hundred fifty-four and 64/100 ($454.64) dollars, the towing charge of fifteen ($15.00) dollars and medical examination of six ($6.00) dollars, making the total amount of damages four hundred seventy-five and 64/100 ($475.64) dollars, and it is only just and proper that compensation be paid therefor as the damages resulted from the negligence of the State Highway Department employee in waving said vehicle off of the road onto an unsafe shoulder; Page 3256 Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to C. A. Arnold the sum of four hundred seventy-five and 64/100 ($475.64) dollars as full and final compensation as hereinabove enumerated; such sum to be paid from the funds appropriated to or available to said department. Approved March 25, 1958. COMPENSATION TO FIRST LIEUTENANT CHARLES H. COX, JR. No. 165 (House Resolution No. 356-847c). A Resolution. Compensating 1st Lieutenant Charles H. Cox, Jr.; and for other purposes. Whereas, on May 6, 1956, 1st Lieutenant James S. Bonner A02227182, Georgia Air National Guard was flying a F84D fighter near Dry Branch, Georgia; and Whereas, Lieutenant Bonner was unable to keep his plane in flight because of the lights on the plane of 1st Lieutenant Charles H. Cox, Jr., A02225455, Georgia Air National Guard, and Whereas, Lieutenant Bonner lost control of his plane and was forced to bail out and let his airplane crash, and Whereas, certain items of personal property belonging to Lieutenant Cox were in the airplane which crashed, and the reasonable value of such items was $260.00, and Whereas, the Georgia Air National Guard has investigated Page 3257 the aforesaid accident and determined that it was not the fault of Lieutenant Bonner or Lieutenant Cox, Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Defense be ordered and directed to pay to 1st Lieutenant Charles Cox, Jr., Georgia Air National Guard, the sum of $260.00 as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to the Department of Public Defense. Approved March 25, 1958. COMPENSATION TO BOB BUREL. No. 168 (House Resolution No. 445-1109d). A Resolution. To compensate Mr. Bob Burel; and for other purposes. Whereas, on April 28, 1957, a Georgia State Patrol vehicle, operated by Trooper Wilbur L. Reed, collided into and against a 1953 model Chevrolet automobile owned by Bob Burel on the Old Peachtree Ridge Road in Hall County while Trooper Reed was in pursuit of an unknown traffic violator; and Whereas, said automobile was damaged in an amount of three hundred and 04/100 ($300.04) dollars as a result of said collision, and it is only just and proper that he be compensated for such damages. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to pay to Bob Burel the sum of three hundred and 04/100 ($300.04) dollars, in full and final compensation for the damages Page 3258 hereinabove enumerated. Said sum shall be paid from funds appropriated to or available to said department. Approved March 25, 1958. COMPENSATION TO RAYMOND BLIZZARD. No. 174 (House Resolution No. 320-772k). A Resolution. To compensate Raymond Blizzard; and for other purposes. Whereas, on March 10, 1954, a 1950 model Packard automobile owned by Raymond Blizzard was demolished when struck by a State Highway Department truck operated by Clarence Giddens, an employee of the State Highway Department, on Saxon Street in the City of Dublin, and Whereas, the collision was caused by the employee of the State Highway Department operating the State Highway Department truck on the wrong side of the street and without due caution on the part of the operator of said State Highway Department vehicle, and Whereas, as a result of said collision, the said automobile was damaged to the extent of $1,435.00, and Whereas, as a result of said collision, Raymond Blizzard sustained loss of earnings in the amount of $450.00, resulting in a total of expenses, damages, and loss of earnings in the amount of $1,885.00, for which it is only just and proper that Raymond Blizzard 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 Raymond Page 3259 Blizzard the sum of $1,885.00 as full, final and complete compensation as hereinabove enumerated. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 25, 1958. COMPENSATION TO MRS. C. R. CHESNEY. No. 175 (House Resolution No. 448-1109g). A Resolution. Authorizing and directing the State Highway Department to compensate Mrs. C. R. (Gladys D.) Chesney for damages to her property; and for other purposes. Whereas, Mrs. C. R. (Gladys D.) Chesney owns certain real property located at 139 North Main Street in Jonesboro, Georgia, said property comprising her home, and Whereas, on January 10, 1958, employees of the State Highway Department were engaged in cutting down a large tree on the east side of the sidewalk in front of said property and while so doing caused heavy limbs to fall on an iron rail fence and a pink dogwood tree belonging to Mrs. Chesney and located on said property, and Whereas, twenty-five (25) feet of the iron rail fence was damaged and the pink dogwood tree was destroyed by the falling limbs, and Whereas, the damages to said property were not covered by insurance, and Whereas, the accident was caused through no fault or negligence on the part of Mrs. Chesney, but was caused solely through the negligence of the employees Page 3260 of the State Highway Department, and it is only just and proper that Mrs. Chesney be compensated for her 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. C. R. (Gladys D.) Chesney the sum of seventy dollars ($70.00) in full satisfaction of her damages; sixty dollars ($60.00) of which is the cost of repair of the iron rail fence as estimated by the Roane Iron Works, a competent iron works expert and repair agency; and ten dollars ($10.00) of which is the value of the pink dogwood tree destroyed as evaluated by H. G. Hastings Company, a competent nursery. Said sum shall be paid out of funds appropriated or available to the State Highway Department. Approved March 25, 1958. DADE COUNTY WATER AUTHORITY. No. 413 (House Bill No. 810). An Act to create the Dade County Water Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations; to confer powers and impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the water utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges and earnings of the authority and to pay the Page 3261 cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Dade County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds; to fix the venue of jurisdiction of actions relating to any provisions of this Act and to provide that such bonds be validated; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes: Whereas, Dade County is steadily increasing in population and the matter of obtaining and distributing potable water to the various municipalities located therein and to other users of such facilities is of prime importance and essential to the health and welfare of citizens within its boundaries and environs; and Whereas, it is advisable to authorize the financing, in whole or in part, of the acquisition and construction of sources of water supply and the installation of water utilities for the distribution of same throughout the county and environs by the issuance of revenue bonds of the authority for the purpose. Be it therefore enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. Short Title This may be cited as the Dade County Water Authority Act. Section 2. Dade County Water Authority There is hereby created a body corporate and politic, to be known as the Dade County Water Authority, which shall be Page 3262 deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, impleade and be impleaded, complain and defend in all courts of law and equity. The authority shall consist of five members, one of whom shall be the Ordinary of Dade County; one of whom shall be a freeholder and qualified registered voter of the City of Trenton, Georgia, who shall be selected by the governing body of that city, and the three remaining members shall be freeholders and qualified registered voters of Dade County, residing outside of the corporate limits of the City of Trenton, but no two of said remaining three members shall be residents of the same voting precinct of Dade County. These three members shall be appointed by the Judge of the Superior Court of Dade County, Georgia upon recommendation of the grand jury at their regular March term. These three members of the authority shall hold no other public office during their term as member of the authority. The ordinary's term of office on said authority shall be for the same term that he is acting as Ordinary of Dade County, and he shall be chairman of the authority. The member of the authority selected from within the corporate limits of the City of Trenton shall hold office for the same period of time as the governing body of the City of Trenton which appoints said member, and until his successor shall be selected and appointed. Of the three remaining members of the authority initially appointed by the judge of the superior court, one shall serve for a period of one year, another shall serve for a period of two years, and the third shall serve for a period of three years, or until their successors are appointed. Thereafter, all members of the authority appointed by the judge of the superior court shall serve for terms of three years, or until their successors are appointed. In the event of a change in the form of government of Dade County so that a sole commissioner, or a board of commissioners, or a board of roads and revenues, is established to handle the fiscal affairs of said county, then such commissioner, or the chairman of such board, as the case Page 3263 may be, shall be a member and chairman of the authority, in lieu of the ordinary of said county, and his term of office on said authority shall be for the same term that he is acting as such commissioner or as chairman of such board, as the case may be. Immediately after their appointments, the members of the authority shall enter upon their duties. In addition to the chairman, the authority shall elect one of its members as vice-chairman and it may also elect a secretary and treasurer, who need not necessarily be a member of the authority. Three members of the authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The chairman of the authority shall not be entitled to vote upon any issue, motion, or resolution except in the case of a tie vote of the other members voting on said motion, resolution, or question. The members of the authority shall be entitled to compensation for their services at the rate of $8.00 for each meeting attended, not to exceed $100.00 in any one year, except the chairman, who shall be entitled to $12.00 per meeting attended, not to exceed the sum of $150.00 per year. All members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings: (a) The word authority shall mean the Dade County Water Authority created by section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water and the distribution and sale of water Page 3264 to users and consumers, including counties and municipalities for the purpose of resale, within and without the territorial boundaries of Dade County and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority necessary or convenient for the efficient operation of such type of undertaking. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) The terms revenue bonds and bonds as used in this Act, shall mean revenue certificates as defined and provided for in the Revenue Certificate Law of Georgia, (Ga. L. 1937, p. 761, as amended) and such type of obligations may be issued by the authority as authorized under said Revenue Certificate Law and in addition, shall also mean obligations of the authority the issuance of which are hereinafter specifically provided for in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Page 3265 Section 4. Powers. The authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the 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; and if the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State title to such lands to the authority upon payment to the State Treasurer for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority; (d) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction Page 3266 experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases or projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State 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 municipal corporations and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and related services and facilities by the authority to such municipal corporations and counties for a term not exceeding 50 years. (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency of instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (h) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (i) To exercise any power usually possessed by private Page 3267 corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (j) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed two million ($2,000,000) dollars outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding six per cent (6%) per annum, payable semi-annually, shall mature at such time or times not exceeding 40 years from their date or dates, 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 bonds. Section 6. Same; 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 or payment of principal and interest thereof, which may be at 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, provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Page 3268 Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any 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. All such bonds shall be signed by the chairman of the authority and official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed and attested on behalf of the authority by such persons as the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all 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 with the State. Section 9. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests 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 cent (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 10. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the Page 3269 cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, 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 of the same 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 for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Section 11. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 13. 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, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 14. Credit not pledged. Revenue bonds Page 3270 issued under the provisions of this Act shall not be deemed to constitute a debt of Dade County or a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county to levy or to pledge any from of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 15. Same; trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safe-guarding 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 therefore and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture Page 3271 may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 16. Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; sinking fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due; (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such Page 3272 regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase of redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted 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 the facilities and services furnished. Section 19. Same; refunding bonds. The authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue 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 foregoing provisions of this Act insofar as the same may be applicable. Page 3273 Section 20. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Dade County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the water system for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the authority issuing the same, and any municipality, county, authority, subdivision or instrumentality contracting with the said Dade County Water Authority. Section 22. Same; interests of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties or existence of said authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the authority. The Page 3274 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 23. Monies received considered trust funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the authority. Without limiting the generality of any provisions of this Act the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to Dade County water system, and the various municipalities in said county and environs, including adjoining counties and municipalities located therein, but such general purpose shall not restrict the authority from selling and delivering water direct to consumers in those areas where there does not now exist water distribution system and where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The authority shall also have the authority, where it deems it feasible, to sell to consumers, governmental agencies, or governmental instrumentalities of adjoining states, provided the law of the adjoining state does not prohibit or tax said activity. Section 25. Rates, charges and revenues; use. The authority is hereby authorized to prescribe and fix and collect rates, fees, tolls or charges, and to revise from time to time and collect such rates, fees, tolls or charges for the services, facilities or commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment Page 3275 or extension of the water utility system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 26. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities shall be furnished. 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. Section 28. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 29. Effect of partial invalidity of Act. 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 30. Repeal. This Act does not in any way take from Dade County or any municipality located therein or any adjoining county the authority to own, operate and maintain water systems or issue revenue certificates as is provided by the Revenue Certificate Law of Georgia. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. Page 3276 CITY OF ATLANTACHARTER AMENDED. No. 414 (House Bill No. 1133). 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 and embrace within the corporate limits of the City of Atlanta all the territory lying within the following boundary lines: All that tract of land lying in land lot 246 of the 14th district of Fulton County, Georgia, and more particularly described as follows: Corporate limits. Beginning at the southeast corner of said land lot 246 on the present city limits and running thence westerly along the south line of said land lot 246 along the city limits a distance of one thousand six hundred eighty-two and two tenths (1682.2) feet to the point at which the eastern right-of-way boundary of the circumferential Page 3277 highway intersects the south line of said land lot 246; running thence northerly along the eastern boundary of the right-of-way of said circumferential highway a distance of two thousand nine hundred forty-three and six tenths (2943.6) feet, more or less, to the north line of said land lot 246; running thence easterly along the north line of said land lot 246 a distance of one thousand ninety-five and nine-tenths (1095.9) feet, more or less, to the east line of land lot 246, the present city limits; running thence southerly along the east line of said land lot 246, the present city limits; a distance of twenty-eight hundred forty-three and eight-tenths (2843.8) feet, more or less, to the point of beginning. All of said tract being shown on plat by C. R. Roberts, Engineer, entitled Provisional sub-division of Tyron Forest, dated August 1, 1956, revised January 8, 1957. 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 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 and receivers, municipal revenue collector, marshal, clerk of the board of aldermen, building inspector, judges of Municipal Court of Atlanta, 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 Page 3278 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. Corporate limits. Section 4. All laws or parts of laws in conflict herewith are hereby repealed. Section 5. This Act is effective upon its approval by the Governor. Georgia, Fulton County. Personally appeared before me, the undersigned, M. M. Smith, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality 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 1958 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1958, 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 12th day of December, 1957. J. C. Savage, City Attorney, City of Atlanta. Page 3279 Dec. 13, 20, 27tfn. This 4th day of February, 1958. /s/ M. M. Smith. Sworn to and subscribed before me, this the 4th day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 25, 1958. CITY OF NEWTONCHARTER AMENDED. No. 416 (House Bill No. 621). An Act to amend an Act establishing a new charter for the City of Newton, approved the 20th of August, 1906, and the several Acts amendatory thereto, 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 establishing a new charter for the City of Newton, approved the 20th of August, 1906, and the several Acts amendatory thereto, 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 passage of this local legislation Page 3280 have been complied with for the enactment of this law. Section 2. That said charter, as amended, be further amended as follows: (a) By striking from section 7 thereof the word Saturday wherever appearing in said section, and substituting in lieu thereof the word Tuesday. (b) By striking from section 21 thereof the words three councilmen and inserting in lieu thereof the following: two Councilmen, or, in the absence of the mayor, three councilmen. (c) By inserting after the word them at the end of the first sentence in section 21 thereof and before the period a semi-colon and the following wording, provided, however, that if only three councilmen or the mayor and two councilmen are present at a meeting, all matters must be determined by unanimous vote of all present, so that the first sentence in section 21 shall read as follows: Be it further enacted that the mayor and two councilmen, or, in the absence of the mayor, three councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them, provided, however, that if only three councilmen, or the mayor and two councilmen, are present, all matters must be determined by the unanimous vote of all present. (d) By inserting after the word tie in the third sentence of said section 21, before the period at the end of said sentence, a comma and the following wording: except that when two councilmen and the mayor are present, the mayor shall vote on all matters. (e) By striking in line 39 of section 35 the word thirty and the numeral (30), and inserting in lieu thereof the word sixty and the numeral (60). Page 3281 (f) By inserting in line 8 of section 37, after the word purposes and before the comma, the following words: excepting property of an existing public utility. (g) By striking from section 76, in the third sentence thereof, the words electric light plant. (h) By striking in line 5 of section 77 the words an electric light plant and and inserting in lieu thereof the word a, and striking in line 6 of said section 77 the word any and inserting in lieu thereof the word either, so that when amended said section shall read as follows: Section 77. Be it further enacted, that the mayor and councilmen shall have full power and authority to contract for or condemn any water rights, land or premises without or within the city for the purpose of establishing and maintaining a water works system or sewerage system, or either of them: provided, that if the right to condemn therein granted be exercised, all proceedings shall be used under the provisions of section 36-301 to 36-307, inclusive, of the Code of Georgia of 1933 and the Acts amendatory thereto. (i) By striking in line 6 of section 105 the words electric light and in line 10 of said section 105 the words electric light and power plant. (j) By striking in line 10 of section 106 the words electric power and and in lines 10 and 11 of said section 106 the words an electric light system. Section 3. All laws, or parts of law in conflict herewith are hereby repealed. Georgia, Calhoun County. I, L. T. Swain being first duly sworn, on oath say: that I am editor and publisher of the Tri-County Courier, a weekly newspaper and official organ of Baker County, Georgia in which sheriff's advertisements are published and foregoing is a true and accurate copy of a notice to Page 3282 apply for legislation, which notice appeared in said newspaper in issues dated January 10, January 17, and January 24, 1957. /s/ L. T. Swain, L. T. Swain. Sworn to and subscribed before me, this 25th day of January, 1958. /s/ J. R. Embry, Notary Public, Georgia, State at Large. (Seal). /s/ Carl Clements, Notary Public, Georgia, State at Large. (Seal). My Commission Expires August 20, 1958. Approved March 25, 1958. CITY OF LAVONIACHARTER AMENDED. No. 420 (House Bill No. 815). An Act to amend an Act incorporating the City of Lavonia, approved August 20, 1918 (Ga. L. 1918, pp. 710-739), as amended, so as to provide for a recorder's court, its powers, duties, officers; compensation and jurisdiction; to provide that said city, in addition to other powers now existing, shall have the power to acquire, install, extend, operate and maintain a system for the distribution and sale of gas; 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 Lavonia, approved August 20, 1918 (Ga. L. 1918, pp. 710-739), as amended, is hereby amended by striking section 14 in its entirety and in lieu thereof inserting the following. Page 3283 Section 14. The police or mayor's court for the trial of offenders against the laws and ordinances of the City of Lavonia shall be known as the recorder's court, which court is hereby created; the mayor and council are authorized and empowered to elect a recorder to hold said court, fix his qualifications, term of office, and compensation. In the event there is a vacancy in the office of mayor the authority and power given hereinabove shall be vested in the council. Such election shall be made within thirty days after the approval of this Act, and the mayor shall continue to serve until the recorder is elected and qualified. The recorder's court shall begin immediately upon the election and qualification of the recorder. Said recorder so elected shall take such oath as may be prescribed by the mayor and council. Any vacancy in the office of city recorder shall be filled by the mayor and council. Such recorder, and in his absence the mayor, and in the absence of the recorder and the mayor, then the mayor pro tem., and in the absence of all three, any one or more members of the council may hold said court, and may exercise all the powers conferred by law upon the recorder, and may punish for any violation of a city law or ordinance by a fine not exceeding one hundred dollars ($100), imprisonment in the city jail, or imprisonment in the county jail by permission of the county authorities not exceeding sixty days or work on the street work crew, or other public work under the supervision of the chief of police or the superintendent of the street department, not exceeding sixty days, any one or more, or all of these at the discretion of the trial court. When sitting as a court for the trial of offenders the said court shall have power to punish for contempt by fine not exceeding twenty-five ($25) dollars, imprisonment or work in the manner already prescribed in this section for not exceeding ten (10) days, one or both, at the discretion of the trial court. Recorder's court. There may be an appeal in any case from the recorder's court to the mayor and council, which appeal must be in writing and entered within two days after the judgment complained of is pronounced; and provided, further, that the defendant gives bond, with security, to abide the final judgment of the case, said bond and security to be approved by the arresting officer or chief of police. The said mayor and council shall as early thereafter as is practicable, 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 or sentence imposed by the recorder's court, or to increase it at their discretion; and the judgment of the mayor and council may be reviewed by certiorari to the Superior Court of Franklin County, as is provided for in sections 19-203 to 19-216, both inclusive, Code of Georgia of 1933, and any Act amendatory thereof. The clerk of the City of Lavonia shall be eligible to be elected as recorder but neither the mayor nor any member of the council shall be eligible to be elected as recorder. The recorder of said city shall be authorized to issue warrants for offenses committed within the corporate limits of said city against any law or ordinance of said city or this State, and when the offense is against the State the recorder may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the case before the recorder's court and none other, and the same there be disposed of as other cases of arrest not made under warrant. All warrants issued by the recorder, or those acting in his stead, shall be directed to the `chief of police of Lavonia, any policeman or marshall thereof, and to all and singular the sheriffs, deputy sheriffs and constable of this State', and any one of said officers shall have the same authority to execute said warrant as the sheriffs of this State have to execute criminal warrants. The recorder, or those holding the recorder's court in his stead, shall have the power and authority to subpoena witnesses to attend the recorder's court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance, and to punish any witness, who has been subpoenaed and fails to attend, under the provisions for contempt already provided for in this charter. Any police officer of the City of Lavonia shall have authority to release any person arrested for a violation of any law or ordinance of said city, or law over which the recorder may have jurisdiction, upon such person giving bond, with security, payable to the City of Lavonia 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 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 least five days before the return day thereof, provided 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, in the same amounts as are applicable in such cases in the superior courts, 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 Lavonia and the recorder and shall be directed as warrants are directed, set out hereinabove, 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 defendant and surety 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 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 bond may, in the discretion of the city recorder, or those acting in his stead, be regarded as a fine and so assessed by said recorder and paid into the treasury of the city. Page 3286 Section 2. The said Act incorporating the City of Lavonia, approved August 20, 1918 (Ga. L. 1918, pp. 710-739), as amended, is hereby further amended by striking section 30 in its entirety. 30 of 1918 repealed. Section 3. The said Act incorporating the City of Lavania, approved August 20, 1918 (Ga. L. 1918, pp. 710 739), as amended, is hereby further amended by adding a new section number 38 at the end of said Act, as amended, as follows: Section 38. In addition to other powers the City of Lavonia shall have the power to acquire, install, extend, operate and maintain a system for the distribution and sale of gas. Distribution and sale of gas. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia a bill to amend the charter of the City of Lavonia, so as to provide for a recorder's court, its powers, duties, officers, compensation and jurisdiction; to provide that in addition to other powers said city shall have the power to acquire, install, extend, operate and maintain a system for the distribution and sale of gas; to repeal conflicting laws; and for other purposes. Page 3287 This 6th day of January, 1958. Neal Whitworth, Mayor, Byron H. Clarke, C. A. Willbanks, G. D. Crawford, W. C. Loehr, Councilmen of the City of Lavonia, Georgia. 1-24. Georgia, Franklin County. I, James F. Little, publisher of The Carnesville Herald, newspaper in which the sheriff's advertisements for Franklin County are published, and publisher of The Lavonia Times, who, first, being duly sworn, on oath deposes and says: that the above and foregoing notice was duly published in The Carnesville Herald, at Carnesville, Georgia, in the issues thereof of January 9, 16 and 23, 1958, and, also the above and foregoing notice was duly published in The Lavonia Times, at Lavonia, Georgia, in the issues thereof of January 10, 17, and 24, 1958. /s/ James F. Little. Sworn to and subscribed before me, this 24th day of January, 1958. /s/ M. L. Allison, (Seal). Notary Public, Franklin County, Georgia. My commission expires June 3, 1961. Approved March 25, 1958. Page 3288 JEFF DAVIS COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 422 (House Bill No. 816). An Act to create a board of commissioners of roads and revenues of Jeff Davis County; to provide for the membership of said board; to provide for the qualifications of the commissioners; to provide for an initial and subsequent elections of said commissioners; to provide for terms and compensation of said commissioners; to provide for a clerk of said board of commissioners and his compensation; to provide for bonding of said commissioners and clerk; to provide for the oath of said commissioners; to provide for the filling of vacancies on said board of commissioners; to provide for the meetings of said commissioners and organization of said board of commissioners; to provide for an audit of county books at certain times; to provide for a chairman and vice-chairman of said board of commissioners and their powers and duties; to provide for a clerk of said board, his powers, duties and bond; to provide for purchases and financial dealings of said board of commissioners; to provide for a superintendent of roads and bridges and his powers, duties and compensation; to provide for the audit of the books of certain county officials and the publication of such audit; to provide for the powers and duties of said board of commissioners; to provide for contributions to said board of commissioners; to provide for certain prohibitions against the members of said board and the clerk of said board; to provide for a quarterly report of all receipts and disbursements of county funds; to provide for a referendum for this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a board of commissioners of roads and revenues of Jeff Davis County to be composed of five (5) members to be elected as hereinafter provided. There shall be one commissioner from Page 3289 each militia district of Jeff Davis County, to-wit: the Altamaha (1621); Blackburn (1631); Hazlehurst (1364); Ocmulgee (1622) and Whitehead (1620) militia districts. Each commissioner shall reside in the district he represents, and no person shall be eligible to be elected to represent a district unless he shall be of good moral character, not less than twenty-five (25) years of age, a resident of Jeff Davis County for a period of four (4) years, a resident of the district which he represents a period of one (1) year, a property owner and qualified to vote for State officials. A commissioner who shall move his residence from the district that he represents shall automatically terminate his office and the vacancy shall be filled as hereinafter provided. Created. Section 2. In the event this Act is approved at the referendum hereinafter provided, it shall be the duty of the Ordinary of Jeff Davis County to issue the call for an election to elect the first commissioners under this Act within fifteen days after the approval of this Act at the referendum herein provided. It shall be the duty of the ordinary to set the date for such election at not more than thirty days after the issuance of the call therefor. The ordinary shall cause the date and purpose of the election to be published at least once in the official organ of Jeff Davis County between the date of the approval of this Act at the referendum and the date of such election. The Ordinary of Jeff Davis County shall be ex officio member of the board of Commissioners created herein during the current term of his office as ordinary. He shall represent the Hazlehurst district for the remainder of his term. At such election a commissioner for each of the other militia districts shall be elected for a term ending December 31, 1960; thereafter, the successor to the incumbent ordinary as ex officio commissioner of the Hazlehurst district and the successors to the commissioners elected at the special election herein provided, shall be elected at the same time as other county officers of Jeff Davis County are elected and shall serve for a term of four (4) years and until their successors are elected and qualified. The board shall elect a chairman who shall serve at the pleasure of the board. The chairman shall be Page 3290 compensated in the amount of $35.00 per month. The other members of the board shall be compensated in the amount of $25.00 per month and the clerk shall be compensated in an amount not to exceed $200.00 per month. The total compensation to the chairman, the other commissioners and the clerk shall not exceed $4,500.00 per year. Such compensation shall be paid from the funds of Jeff Davis County. No member of said board shall receive any other compensation whatever for expenses or otherwise, for any services or expenses incurred within the County of Jeff Davis. Should it become necessary for any member of said board to transact business for the county outside the limits of said County of Jeff Davis, then his or their expenses only shall be paid out of the general funds of the county, when and only after said itemized expense account is approved by the judge of the superior court of said county. First election, chairman, clerk, compensation. Section 3. Before entering upon the discharge of their duties, each member of the board of commissioners of roads and revenues for Jeff Davis County, shall each give bond in the sum of five thousand ($5,000.00) dollars, except the chairman of said board who shall give bond in the sum of twenty thousand ($20,000.00) dollars, with some responsible surety company authorized to do business in Georgia, as his surety, payable to and approved by the ordinary of said county, and conditioned for the faithful performance of the duties of the office, and the full and true accounting for all moneys, funds, and effects of said county going into their hands or coming under their custody, possession, and to be filed in the office of the ordinary and be there recorded and safely kept. The premiums on said bonds shall be paid by said county. Bonds. Section 4. In addition to the oath required of all county officers, such commissioners shall take an additional oath to perform the duties of their office truly and faithfully, to the best of their skill and knowledge, and to account for all money, property and effects, of said county, going into their possession, custody, or control and/or expended by or under their direction. Oath. Page 3291 Section 5. All vacancies on the board of commissioners of roads and revenues of Jeff Davis County shall be filled by appointment of the grand jury next convening after the vacancy occurs. The commissioner so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualified. Vacancies. Section 6. Said board of commissioners shall hold a regular meeting in each month on the first Tuesday thereof; the first meeting of said board created hereunder shall be held on the first Tuesday in the month after the special election provided herein, when the ordinary of said county shall turn over to them, all records, books, and official records pertaining and belonging to said county connected with the business of said county, together with all county property, with a full inventory of the same, and a full and complete statement showing the financial condition of the county. A complete audit of the books of said county shall be made at this time by a certified public accountant. At this meeting, or as soon thereafter as practicable, the board of commissioners shall organize by electing one of the members as chairman, one as vice-chairman, and any chairman or vice-chairman shall hold his office until his successor is elected, and nothing herein shall prevent the re-election of any chairman or vice-chairman. Meetings, records, audits, etc. The vice-chairman, shall, in the absence or disqualification of the chairman or during the vacancy in office of chairman, perform and discharge all duties of the chairman, and in the event of a vacancy in the office of chairman or vice-chairman the same shall be filled by the board at its next regular meeting after such vacancy becomes known. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced, and that all the officers, employees and agents of said board faithfully and impartially discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board, and shall preside at all meetings of the board. He shall have the power Page 3292 to convene the board in extra session upon his own motion or upon the written request of two (2) other members of the board, and shall do so whenever two (2) other members make such request in writing. Any three (3) members of said board shall constitute a quorum. Section 7. Said board of commissioners are hereby authorized to elect a clerk. Any citizen of said county, not a member of said board shall be eligible to hold said office of clerk of said board of commissioners, and shall receive a salary for his services to be fixed by said board, which shall be paid in equal monthly installments. Said Clerk before entering upon his duties shall give bond, with some responsible surety company, authorized to do business in Georgia, as his surety, in the sum of twenty thousand ($20,000.00) dollars, to be approved by said board of commissioners, the premium on said bond to be paid by the county, payable to the ordinary of said county and his successors in office, and conditional for the faithful performance of his duties as such clerk, and to account for any and all funds, property or effects which may come into his hands as such clerk or otherwise, which said bond shall be filed with the ordinary of said county, and recorded on his minutes, and may be sued on in like manner as the bond of said commissioners. He shall keep minutes of all meetings of said board of commissioners, an inventory of all properties, and such books and records as may be required of him by said board of commissioners, and do such other acts and things as may be required of him by law or by said board of commissioners. The clerk shall serve at the pleasure of the board. Clerk. Section 8. The board of commissioners either themselves or duly appointed agents, shall purchase all equipment, material and supplies necessary for said county, of such kind and quality and in such quantities as may be needed, and wherever practicable, purchases of all equipment, materials and supplies shall be by competitive bids, which bids shall be kept on file in the office of the commissioners and subject to inspection by the grand jury or other interested citizens. All purchases shall be charged to Jeff Davis County; and before bills therefor are submitted Page 3293 to the board for approval, they shall be audited and payment therefor recommended by the parties making such purchase; and if approved by the board of commissioners at a regular meeting of said board, said approval shall be endorsed on said bills by the chairman and a list thereof entered upon the minutes of the board, and when this is done warrants therefor shall be regularly drawn, which warrants shall be signed by the chairman and clerk as all other warrants drawn on the treasurer shall be signed before payment thereof is made, except that in the absence of the chairman, said vice-chairman shall be authorized to sign warrants. Purchases. Section 9. The board of commissioners may at their discretion, and when they deem necessary, elect a superintendent of roads and bridges, said superintendent shall also be convict warden. Said superintendent shall give his entire time to said duties as such superintendent and warden, and shall not engage in any other business. He shall receive such salary as may be fixed by the board of commissioners, and shall hold his position at the pleasure of the board of commissioners. Section 10. The board of commissioners shall have the books and accounts of the tax commissioner; Custodian of all county funds; sheriff; superintendent of schools; commissioners of roads and revenues and such other officers as may be necessary, audited by a certified public accountant of this State immediately after they take charge of the affairs of said county to cover such period as they deem advisable, and every year thereafter. Said audit shall be filed in the office of said board of commissioners of roads and revenues of said county, and shall at all times be subject to inspection by any citizen or taxpayer of said county. A summary of said audit shall be published in the official organ of Jeff Davis County within thirty (30) days after it shall have been completed. Audits. Section 11. The said board of commissioners of roads and revenues shall have, and they are hereby vested with exclusive jurisdiction and control over, the following Page 3294 to-wit: In directing, controlling, and caring for all the property of the county according to law; in levying taxes according to law; in establishing, altering, or abolishing public roads, private roads, private ways, bridges and ferries, according to law; in establishing, abolishing, or changing election precincts and militia districts according to law; in supervising the tax-commissioner's books; and in allowing the insolvent lists, for said county, according to law; in settling all claims against the county; examining and auditing all claims and accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county, or appropriating for its use or benefit, and bringing them to settlement; and especially are they charged with frequently examining and auditing the books of all officers through whose hands any county funds must pass; they may require from all such officers, subject to an examination, such reports as may be necessary to keep such board of commissioners, fully informed at all times, of the financial condition of the county; in controlling, caring for and managing the convicts of the county, according to law; in making rules, regulations and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing licenses fees as may be provided by law; to sue and be sued in the name of Jeff Davis County; to exercise the power of eminent domain in the manner described by law; and generally to have and exercise all powers heretofore vested in the ordinary of said county when sitting for county purposes; and to exercise such other powers as are granted by law or as may be indispensable to the jurisdiction over county matters or county finance; in selecting and appointing all minor officers of the county whose election or appointment is not otherwise fixed by law, such as superintendent and guards and public work forces, janitor of the court house, superintendent of pauper farm should one be established, county physician and health officer, tax assessors, and county policeman, and other officers and guards as needed and Page 3295 authorized by law; and such board shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as the board of commissioners may direct, out of the regular funds of the county, with authority of said board of commissioners to fix his term of office or to discharge him at any time; in regulating peddling licenses according to law. Said board shall have entire control of the prisoners sentenced to work upon the roads or works of said county by the proper authorities of the State assigned to the county by the proper authorities of the State, and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges and works of said county as may now or hereafter be adopted or enforced by law in said county. Duties. Section 12. Said Board of Commissioners may receive contributions for the improvement of the public roads or bridges of the county from persons who own property along the same, or from any other person or persons, or from the State government, or the United States government, or from any corporation or firm who may be interested in the improvement of the roads and bridges, and such contributions when received shall be used for the improvement of the roads or bridges designated by the contributor. Contributions for Roads. Section 13. It shall be unlawful for any member of said board or the clerk of said board to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment, materials or supplies for the county, or the awarding of any contract for said county; and if any commissioner, or the clerk of said board, shall knowingly or wilfully violate any provision of this section, he shall be guilty of a misdemeanor, and upon conviction shall be Page 3296 punished as prescribed by law and shall forfeit his office or be discharged from employment. Section 14. The board of commissioners shall publish not less than quarterly a report of all receipts and all disbursements of county funds. Section 15. Not less than ten (10) nor more than fifteen (15) 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 Jeff Davis County to issue the call for an election for the purpose of submitting this Act to the voters of Jeff Davis County for approval or rejection. The ordinary shall set the date of such election for a day not less than ten (10) nor more than fifteen (15) 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 (2) weeks immediately preceding the date thereof, in the official organ of Jeff Davis County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act creating a Board of Commissioner of Roads and Revenues of Jeff Davis County. Against approval of the Act creating a Board of Commissioners of Roads and Revenues of Jeff Davis 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, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of this Act, it shall be void and of no force and effect. The expense of such election shall be borne by Jeff Davis County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. Page 3297 It shall be his further duty to certify the result thereof to the Secretary of State. Section 16. In the event of the ratification of this Act at the referendum hereinbefore provided, the board of roads and revenues herein created shall assume office on the first day of the month following the date of their election. At such time, it shall be the duty of the Ordinary of Jeff Davis County to turn over to the commissioners all books, records, money, and other property, real or personal, belonging to Jeff Davis County that shall be transferred to the board of commissioners hereinabove created by virtue of the provisions of this Act. Effective date. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice Regarding Proposed Commission Form of Government. Notice is hereby given that I will introduce and urge to passage, in the next regular session of the General Assembly of Georgia, which convenes in January, 1958, an Act to create a board of county commissioners for Jeff Davis County; to provide for five commissioners, one from each school district of the county; to provide that the present ordinary be named for a stated term as the commissioner from the Hazlehurst district; to provide for the manner of election; to define the duties and powers; to require audits and accounting; to provide terms of office, bonds and salaries; to provide for a clerk, bond and salary; to provide for a referendum wherein the Act will not become effective until approved by a majority vote of the people; to repeal conflicting laws, and for other purposes. This January 6, 1958. Joe Frazier, Representative, Jeff Davis County. 1/9-16-23-30c. Page 3298 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frazier, who, on oath, deposes and says that he is Representative from Jeff Davis County, and that the attached copy of notice of intention to introduce local legislation was published in the Jeff Davis County Ledger which is the official organ of said county, on the following dates: January 9, January 16 and January 23, 1958. /s/ Joe Frazier, Representative, Jeff Davis County. Sworn to and subscribed before me, this 27th day of Jan., 1958. /s/ Frances Y. Read, Notary Public, Fulton Co. Approved March 25, 1958. CITY OF GLENVILLECHARTER AMENDED. No. 423 (House Bill No. 1128). An Act to amend an Act creating a new charter for the City of Glenville, in the County of Tattnall, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved August 4, 1923 (Ga. L. 1923, p. 649), an Act approved August 26, 1931 (Ga. L. 1931, p. 783), an Act approved February 21, 1939 (Ga. L. 1939, p. 1062) and an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3149) so as to provide the time that notice of candidacy for municipal office must be given; to change the provisions relative to the city tax assessors so as to provide that the city council shall act as same; to authorize the employment of tax and property evaluation experts; to repeal conflicting laws; and for other purposes. Page 3299 Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Glenville, in the County of Tattnall, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved August 4, 1923 (Ga. L. 1923, p. 649), an Act approved August 26, 1931 (Ga. L. 1931, p. 783), an Act approved February 21, 1939 (Ga. L. 1939, p. 1062) and an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3149) is hereby amended by adding to the end of section 4 thereof, the words, Any person desiring to become a candidate for municipal office shall file notice of their candidacy with the mayor no later than 12:00 o'clock noon on the 15th day preceding the regular election therefor., so that said section, as amended hereby, shall read: Section 4. Except as hereinafter provided, elections for mayor and council of the City of Glennville shall be held biennially on the second Wednesday in December at the city hall or council chamber. All of said officers shall serve for terms of two years each and until their successors are duly elected and qualified. At the election to be held for two councilmen in 1954, said councilmen shall be elected for terms of one year each and until their successors are duly elected and qualified. At the election to be held for mayor and four councilmen thereafter, a mayor and councilmen shall be elected for terms of two years each, and until their successors are duly elected and qualified. At all elections the candidates shall be elected by a plurality of the consolidated vote of the entire city. All candidates for mayor and council shall be a free holder in said city. Any person desiring to become a candidate for municipal office shall file notice of their candidacy with the mayor no later than 12:00 o'clock noon on the 15th day preceding the regular election therefor. Elections. Section 2. Said Act is further amended by striking therefrom section 45 in its entirety and by substituting in lieu thereof a new section 45 to read: Page 3300 Section 45. The city council shall have power and authority each year to act as tax assessors. It shall be the duty of said tax assessors, when they are not satisfied that all returns of property have been made at a fair valuation thereof, to value the real estate and personalty in said city for taxation, and to scrutinize carefully each return of property, real and personal, by any taxpayer of said city; and if in their judgment they shall find the property embraced in any return returned below its true value, they shall assess the value thereof within sixty days after the time for making tax returns has expired, and whenever they shall raise the valuation at which the taxpayer has returned his property, they shall give him or her notice in writing of their assessment; then it shall be the taxpayer's privilege, if dissatisfied with the assessment, to have the matter submitted to three disinterested persons, residents of said city, one of whom shall be selected by him and one by the tax assessors, and the other by these two selected, and the majority of these shall fix the assessment, which shall be final. All tax assessors shall be a free holder in said city. The city council of the City of Glennville is authorized to enter into contracts with firms, individuals or corporations for the employment of persons, firms or corporations, to assist and make recommendations in the mapping, platting, cataloging, indexing, and appraising of all the taxable property, both real and personal, within said city; and to make recommendations of the evaluation of said taxable property to the city council; and search out and appraise unreturned properties in said city, subject to approval of said city council. The city council may hire persons, firms or corporations to aid and assist in making a cadastral survey and a field book system for real property identification and evaluation. Taxation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. I hereby certify that the following is an exact copy of notice of local legislation published in Tattnall Journal under dates of January 16 23 and 30 1958 Notice is hereby given that legislation will be introduced at the Page 3301 1958 session of the General Assembly of Georgia to re-write and or amend the City Charter of the City of Glennville Georgia. Lyman Burkhalter, Representative, Tattnall County, Georgia. Russell B. Rhoden, Editor and Publisher Tattnall Journal. 16 23 30 1958 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lyman Burkhalter, who, on oath, deposes and says that he is Representative from Tattnall County, and that the attached copy of notice of intention to introduce local legislation was published in the The Tattnall Journal which is the official organ of said county, on the following dates: Jan. 16, 23 and 30, 1958. /s/ Lyman Burkhalter, Representative, Tattnall County. Sworn to and subscribed before me, this 12th day of February, 1958. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved March 25, 1958. Page 3302 BALDWIN COUNTYBOARD OF COMMISSIONERS. No. 424 (House Bill No. 753). An Act to amend an Act creating a Board of County Commissioners for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2623) and an Act approved February 28, 1956 (Ga. L. 1956, p. 2725), so as to change the terms of the commissioners; to provide that the board may elect a chairman if the member of the board who is eligible to serve as chairman does not desire to serve; to provide for the term of such chairman; 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 Board of County Commissioners for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286) as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2623) and an Act approved February 28, 1956 (Ga. L. 1956, p. 2725), is hereby amended by striking section 1 in its entirety and in lieu thereof inserting the following: Section 1. (a) The County of Baldwin shall be governed by a board of commissioners of roads and revenues and, for the purpose of electing members of said board, the county is hereby divided into five (5) commissioner districts, as follows: Commissioner district 1, to be composed of the 320th militia district. Commissioner district 2, to be composed of the 321st militia district. Districts. Commissioner district 3, to be composed of the 322nd and the 1714th militia districts. Page 3303 Commissioner district 4, to be composed of the 318th and the 319th militia districts. Commissioner district 5, to be composed of the 105th and the 115th militia districts. There shall be one member of the board from each of the five commissioner districts, and any person, in order to be eligible to serve as a member of the board from any district must be a resident of the district from which he offers as a candidate. All members of the board, however, shall be elected by the voters of the entire county. Commissioners. (b). The incumbent members of the board shall serve for a term ending June 30, 1961. Future members of the board shall be elected for a term of four years and until their successors are elected and qualified. Successors to the incumbent members of the board shall be elected at the same time that other county officers of Baldwin County are elected in the year 1960 and each four years thereafter. The members of the board so elected shall take office on July 1st of the year following their election. The person for each district receiving the highest number of votes shall be the duly elected member from such district. The member of the board who receives the highest number of votes shall be chairman of the board for the first year of the four-year term, and the member receiving the second highest number of votes shall be vice-chairman for the first year of the term. The member receiving the second highest number of votes shall be chairman of the board for the second year of the term, and the member receiving the third highest number of votes shall be vice-chairman for the second year of the term. The member receiving the third highest number of votes shall be chairman of the board for the third year of the term, and the member receiving the fourth highest number of votes shall be vice-chairman for the third year of the term. The member receiving the fourth highest number of votes shall be chairman of the board for the fourth year of the term, and the member receiving the fifth highest number of votes shall be vice-chairman for the fourth year of the term. The board may elect a chairman if the member of the board who is eligible to serve as chairman does not desire to serve and such election shall be for the time that such member who does not desire to serve is entitled to serve as chairman. Any political party which holds a primary to nominate candidates for county officers of Baldwin County shall also at the same time in such primary nominate candidates for members of the Board of Commissioners of Baldwin County. Primaries. Page 3304 Section 2. Not later than six months after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Baldwin County to issue the call for an election for the purpose of submitting this Act to the voters of Baldwin County for approval or rejection. The ordinary shall set the date of such election for the same date that the general election is held in Baldwin County in 1958. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Baldwin County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act changing the terms of the Commissioner of Roads and Revenues of Baldwin County. Against approval of the Act changing the terms of the Commissioner of Roads and Revenues of Baldwin 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, it shall become of full force and effect. Page 3305 If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Baldwin County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. 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. Georgia, Baldwin County: Personally appeared before me the undersigned, Jere N. Moore, editor and publisher of The Union Recorder, who under oath states that the notice of intention to introduce local legislation, of which a copy is attached below, ran in The Union Recorder, the legal organ of Baldwin County, on December 5, 1957; December 12, 1957; and December 19, 1957. /s/ Jere N. Moore, Jere N. Moore, Editor Publisher. This 13th day of January, 1958. /s/ Jere M. Power, Notary Public, Baldwin County, Georgia. My Commission Expires June 2, 1961. (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 Session of the General Assembly of Georgia a bill to change the term of office of the county commissioners to a fiscal term from July 1, 1957 to June Page 3306 30, 1961, also providing whereas county commissioners can establish their own salaries; and for other purposes. This 4th day of December, 1957. Robert L. Griffith, Representative, Baldwin County, E. Culver Kidd, Representative, Baldwin County. D5 3tc Approved March 25, 1958. CITY OF ROMECHARTER AMENDED. No. 425 (House Bill No. 1157). An Act to amend an Act, entitled an Act to create a new charter and municipal government for the City of Rome, to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charter and all laws in conflict therewith, approved August 19, 1918, and the several Acts amendatory thereof and especially to amend section 11 and section 12 of an Act approved February 16, 1943, (Ga. L., pp. 1560-71) by providing that the minimum retirement age of employees of the City of Rome hired by the City of Rome after March 31, 1958, shall be sixty (60) years; by providing that any employee may continue to contribute to the retirement fund of the City of Rome after twenty-five (25) years of employment and thereby increase the monthly retirement benefits by four dollars ($4.00) per month for each additional year such employee continues to contribute to said fund; to provide that the maximum any retired employee of the City of Rome may draw as a retirement benefit from the retirement fund shall not exceed the sum of one hundred fifty-two dollars ($152.00) per month; to provide that those employees now contributing to the Rome Retirement Fund with Page 3307 over twenty-five (25) years employment shall be credited with an increase of two dollars ($2.00) per month retirement benefit upon retirement for each year such employee has been employed by the City of Rome for more than twenty-five (25) years; to provide that the maximum retirement monthly benefit of such employee shall not exceed one hundred fifty-two dollars ($152.00) per month; to provide that the provisions contained in this amendment shall not apply to those former employees of the City of Rome who are now drawing retirement benefits and that the retirement benefits of such persons shall not be modified; to repeal all Acts or parts of Acts in conflict with this amendment. 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 create a new charter and municipal government for the City of Rome, to define the rights and powers of the new municipality; to define the corporate limits thereof and to repeal all former charters and laws in conflict therewith, approved August 19, 1918 and the several Acts amendatory thereof be and the same are hereby amended as follows: Section 1. Section 11 (Retirement Eligibility) of an Act approved February 16, 1943, (Ga. L., pp. 1560-71) as amended, amending an act entitled, An Act to create a new charter for the City of Rome, to define the rights and powers of the new municipality; to define the corporate limits thereof; and to repeal all former charters and laws in conflict thereof approved August 19, 1918 is and the same is hereby amended by adding the following subparagraph to be known as subparagraph 1, paragraph (a) of section 11, reading as follows: Provided, however, that notwithstanding any other provisions of this Act, no person hired by the City of Rome after the 31st day of March, 1958, shall be eligible for retirement under the benefits and provisions of this Act until such person shall have attained the age of sixty (60) years, irrespective of whether or not the person shall have worked for the City of Rome twenty-five (25) Page 3308 or more years. This provision shall not apply to those persons employed by the City of Rome and contributing to the retirement fund as provided for by section 3 of this Act prior to March 31, 1958, so that section 11 (a) 1 when so amended shall read as follows: Section 11, Paragraph (a), Subparagraph 1. Provided, however, that notwithstanding any other provision of this Act, no person hired by the City of Rome after the 31st day of March, 1958, shall be eligible for retirement under the benefits and provisions of this Act until such person shall have attained the age of sixty (60) years, irrespective of whether or not the person shall have worked for the City of Rome twenty-five (25) or more years. The provision shall not apply to those persons employed by the City of Rome and contributing to the retirement fund as provided for by section 3 of this Act prior to March 31, 1958. Section 2. Section 12 (Retirement Benefits) of an Act approved February 16, 1943, (Ga. L., pp. 1560-71) as amended, amending an act entitled, An Act to create a new charter for the City of Rome, to define the rights and powers of the new municipality; to define the corporate limits thereof; and to repeal all former charters and laws in conflict thereof approved August 19, 1918 is and the same is hereby amended by adding the following subparagraphs to be known as subparagraphs 1, 2, and 3 of paragraph (a) of section 12, reading as follows: 1. An employee who has served as an employee of the City of Rome for an aggregate of more than twenty-five (25) years may, at his option, continue to contribute to the retirement fund as provided in section 3 of this Act and if he does so elect, the City of Rome shall continue to contribute to said fund as provided in said section 3, and for each year that the employee contributes to said fund after having been in the employ of the City of Rome for twenty-five (25) years, said employee's retirement benefit shall, upon his retirement, be increased for each year's contribution, four dollars ($4.00) per Page 3309 month in addition to the monthly benefits hereinbefore provided. However, in no event shall such employee's maximum retirement benefit exceed the sum of one hundred fifty-two no/100 ($152.00) dollars per month. 2. Those employees now employed by the City of Rome and who have been for more than 25 years shall, upon retirement under the provisions of this Act, be entitled to an additional two dollars ($2.00) per month retirement benefit, in addition to the monthly benefits hereinbefore provided, for each year in excess of twenty-five (25) years they have been employed by the City of Rome, Provided, however, for each year after March 31, 1958, that such employee continues employment with the City of Rome and contributes to the Retirement Fund, as provided in section 12, paragraph (a), subparagraph 1 of this Act, such employee shall be entitled to an additional four dollars ($4.00) per month retirement benefit for each additional year such employee continues his employment with the City of Rome and continues to contribute to the retirement fund, as aforesaid. In no event, shall any such employee's maximum monthly benefit exceed one hundred fifty-two dollars ($152.00) per month. 3. Notwithstanding any provision or provisions in this Act to the contrary, in no event, shall paragraph (a), subparagraphs 1, 2 and 3 of section 12 of this Act, apply to those former employees of the City of Rome who have previously retired and are now drawing benefits under this Act and the retirement benefits of those persons shall not be affected or modified thereby, so that section 12 (a) 1, 2 and 3 when so amended shall read as follows: Former employees. Section 12. Paragraph (a), subparagraph 1. An employee who has served as an employee of the City of Rome for an aggregate of more than 25 years may, at his option, continue to contribute to the retirement fund as provided in section 3 of this Act and if he does so elect, the City of Rome shall continue to contribute to said fund as provided in said section 3, and for each year that the employee contributes to said fund after having been in Page 3310 the employ of the City of Rome for twenty-five (25) years, said employee's retirement benefit shall, upon his retirement, be increased for ach year's contribution, four dollars ($4.00) per month in addition to the monthly benefits hereinbefore provided. However, in no event shall such employee's maximum retirement benefit exceed the sum of one hundred fifty-two no/100 ($152.00) dollars per month. Section 12. Paragraph (a), subparagraph 2. Those employees now employed by the City of Rome and who have been for more than twenty-five (25) years shall, upon retirement under the provisions of this Act, be entitled to an additional two dollars ($2.00) per month retirement benefit, in addition to the monthly benefits hereinbefore provided, for each year in excess of twenty-five (25) years they have been employed by the City of Rome. Provided, however, for each year after March 31, 1958, that such employee continues employment with the City of Rome and contributes to the Retirement Fund as provided in section 12, paragraph (a), subparagraph 1 of this Act, such employee shall be entitled to an additional four dollars ($4.00) per month retirement benefit for each additional year such employee continues his employment with the City of Rome and continues to contribute to the retirement fund, as aforesaid. In no event, shall any such employee's maximum monthly benefit exceed one hundred fifty-two dollars ($152.00) per month. Section 12, Paragraph (a), subparagraph 3. Notwithstanding any provision or provisions in this Act to the contrary, in no event, shall paragraph (a), subparagraphs 1, 2 and 3 of section 12 of this Act apply to those former employees of the City of Rome who have previously retired and are now drawing benefits under this Act and the retirement benefits of those persons shall not be affected or modified thereby. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Section 4. The notice and affidavit attached hereto Page 3311 are specifically 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, 1958 Session. Notice is hereby given that local legislation will be introduced at the 1958 General Assembly of Georgia to amend the Rome Pension Fund (Ga. L. 1943, p. 150 et seq., as amended) which applies to certain monthly paid employees of the City of Rome, Georgia as follows: 1st. Amend the present law so that all employees hired in the future by the City of Rome and eligible for coverage under the Rome Pension Fund may not retire at age 50 but at the age of 60. This will not affect the present employees of the City of Rome. 2nd. Every City of Rome employee covered under the pension fund may, after 25 years of service, continue to contribute to the Pension Fund and for each additional year such employee so contributes, the employee may receive an additional $4.00 per month as a retirement benefit upon retirement, this being in addition to the maximum of $100.00 presently now provided. However, the maximum monthly benefit shall not exceed $152.00. 3rd. Every City of Rome employee now employed by the City of Rome, and being covered under the Rome Pension Plan and who has over 25 years service shall receive credit upon retirement of $2.00 per month of retirement benefits for each year such employee has been employed by the city in excess of 25 years. Provided, however, such employee who continues to contribute to the fund in the future shall receive $4.00 per month increase in retirement benefits as provided in section 3 above. In no event shall the monthly benefit exceed $152.00. /s/ Robert L. Scoggin, Rep. /s/ J. Battle Hall, Rep. /s/ Barry Wright, Jr., Rep. Page 3312 Georgia, Floyd County. Personally appeared before the undersigned official authorized to administer oath, Robert L. Scoggin, who on oath states that he is a member of the General Assembly from Floyd County, 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 a 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 said bill; and that said notice was published as provided by law. This 14 day of February, 1958. /s/ Robert L. Scoggin, Robert L. Scoggin. Sworn to and subscribed before me, this 17 day of February, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved March 25, 1958. CITY OF MILLEDGEVILLECHARTER AMENDED. No. 432 (House Bill No. 696). An Act to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved December 5, 1902 (Ga. L. 1902, p. 510), Page 3313 an Act approved August 19, 1916 (Ga. L. 1916, p. 819) and an Act approved August 14, 1924 (Ga. L. 1924, p. 666), so as to change the hours of voting in said city; to eliminate limitations on the compensation of election managers; to provide for a new method of registration of the voters of said city; to provide a different punishment to be imposed by the police court of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved December 5, 1902 (Ga. L. 1902, p. 510), an Act approved August 19, 1916 (Ga. L. 1916, p. 819) and an Act approved August 14, 1924 (Ga. L. 1924, p. 666) is amended by striking from section V thereof the words and figure, 9 o'clock a. m., and inserting in lieu thereof the words and figure, 7 o'clock a. m., and by striking the words and figure, 5 o'clock, and inserting in lieu thereof the words and figure, 7 o'clock, and by striking from the end of said section the words, not exceeding three dollars per day each, so that said section, as amended hereby, shall read as follows: Section V. Be it further enacted by authority aforesaid, That under and by virtue of this Act there shall be an election held for a mayor and three aldermen on the first Wednesday in December, 1901, and biennially thereafter. Provided, that nothing herein contained shall affect the election held for said officers to be held on the first Wednesday in December, 1917, except that of the six aldermen then elected, those three who shall receive the greatest number of votes shall hold office for a term of four (4) years, it being the purpose and intention of this amendment, that, commencing with the election for said mayor and aldermen to be held on the first Wednesday in December, 1919, there shall be an election, biennially, of a mayor and three aldermen only, instead of a mayor and six aldermen as now provided for under the Page 3314 charter. In said elections the polls shall be opened in the office of the clerk and treasurer of said city or such other place as may be designated by ordinance, at 7 o'clock a. m., and close at 7 o'clock, p. m. Said election shall be under the management and control of a justice of the peace and two freeholders, or of three freeholders, residents of said city, which said justice of the peace and freeholders shall be elected by the mayor and aldermen then in office. The managers of said election shall appoint two clerks and shall, together with said clerks, receive such compensation as may be agreed upon by the mayor and aldermen. Elections. Section 2. Said Act is further amended by striking therefrom section XIII in its entirety and inserting in lieu thereof a new section XIII which shall read as follows: Section XIII. Be it further enacted by the authority aforesaid, That the clerk of said city shall keep open during normal office hours as set by the city council, except for a period of thirty (30) days next preceding any election held in said city at his office except on legal holidays, a book to be known as the `Registration Book of the City of Milledgeville' in which the voters of said city shall register their names in the presence of said clerk, or deputy, and said clerk or deputy clerk shall sign his name as registrar opposite the name of said voter. All registration effected after the effective date of this Act, through December 31, 1964, shall be valid to entitle a qualified person to vote at any city election held prior to January 1, 1965. After December 31, 1964, all registrations shall become void and all persons qualified and desiring to vote in subsequent city elections must register in the manner aforesaid. At the end of each six (6) years period thereafter the registration list then in effect shall become void and all persons qualified and desiring to vote in subsequent city elections must register in a new voters `Registration Book' as aforesaid. Before registering his name as aforesaid, each person shall sign the following oath, to wit: `I,, do solemnly swear (or affirm) that I am eighteen years of age, have resided Page 3315 in this State one year and in this county six months and in the City of Milledgeville thirty days next preceding this registration; so help me God.' Provided, however, that no person shall remain a qualified voter longer than he retains the qualifications under which he registered. Voters' registration book. Section 3. Said Act is further amended by striking from section 41 (Section XLII of said Act of 1900) the words, provided, such punishment shall not exceed a fine of one hundred and fifty dollars and costs, imprisonment in the guard-house of said city for sixty days, or hard labor in the chain-gang of said city for 30 days; provided, that should there be no guard-house in the city suitable for the secure and humane treatment of offenders and no chain-gang, then it shall be lawful to imprison them in common jail of Baldwin county, and inserting in lieu thereof the words, provided, such punishment shall not exceed a fine of one thousand dollars and costs, imprisonment in the City Jail not to exceed six months, to work in the work gang on the public streets and roads, or on such other public works as the city authorities may employ said work gang, not to exceed 12 months, any one or more of these punishments in the discretion of the judge (Recorder), so that said section, as amended hereby, shall read as follows: Section XLII. Be it further enacted by the authority aforesaid, That there shall be in the City of Milledgeville a court of record to be known as the `police court.' The jurisdiction of said `police court' shall embrace all violations of the ordinances of the City of Milledgeville. Said `police court' shall be presided over by the mayor pro tem. in the absence or disqualification of the recorder hereinafter provided for. The session of the police court shall be held as often as the recorder shall elect, and at such hours of the day as are most convenient and in place used as the office of the clerk and treasurer of said city. Said `police court' shall have power to try all offenders against the ordinances, by-laws, rules and regulations of said city and shall have cognizance of all offenders thereunder, and shall have power to inflict, on conviction, such punishment as may be provided for the offense; provided, such punishment shall not exceed a fine of one thousand dollars and costs, imprisonment in the city jail not to exceed six months, to work in the work gang on the public streets and roads, or on such other public works as the city authorities may employ said work gang, not to exceed 12 months, any one or more of these punishments in the discretion of the judge (Recorder). Police court. Page 3316 Section 4. In the event any section or sections of this Act, or sentence, phrase, clause or other part of such section or sections, shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the remaining sections, sentences, phrases, clauses or other parts of such section or sections, which shall be and remain in full force and effect. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Baldwin County: Personally appeared before me the undersigned, Jere N. Moore, editor and publisher of The Union Recorder, who under oath states that the notice of intention to introduce local legislation, of which a copy is attached below, ran in The Union Recorder, the legal organ of Baldwin County, on December 5, 1957; December 12, 1957; and December 19, 1957. /s/ Jere N. Moore, Jere N. Moore, Editor Publisher. This 13 day of January, 1958. /s/ Jere M. Power, Notary Public, Baldwin County, Georgia. My Commission Expires June 2, 1961. (Seal) Page 3317 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1958 session of the General Assembly of Georgia a bill to amend the city charter whereas to amend the city charter to establish a permanent voters list and for other purposes. This 4th day of December, 1957. Robert L. Griffith, Representative, Baldwin County. E. Culver Kidd, Representative, Baldwin County. D 5-3 tc Approved March 25, 1958. CERTAIN COUNTIES AUTHORIZED TO LICENSE AUCTIONS AND AUCTION HOUSES. No. 433 (House Bill No. 692). An Act to authorize and empower the governing authorities of certain counties to license certain auction houses or places where auction sales are conducted; to provide a procedure for the enforcement of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of all counties having a population of not less than 39,000 and not more than 43,000, according to the 1950 United States Census or any following census, are authorized and empowered to levy such licenses as said governing authorities may deem expedient or necessary for the safety, health, benefit, convenience or advantage of such county or the citizens thereof, upon any auction house or place where Page 3318 auction sales are conducted in said county which are not licensed by the State of Georgia. Where applicable. Section 2. Without limitations as to other methods by which the payment of such licenses may be enforced, the provisions of Code sections 92-3906, 92-3907, 92-3908, 92-3909, 92-3910, 92-3911, 92-3912 are hereby declared to be applicable to said licenses. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. CITY OF CHAMBLEECHARTER AMENDED. No. 434 (House Bill No. 959). An Act to amend an Act of the General Assembly of Georgia, approved March 28, 1935, found in Georgia Laws of 1935, pages 976 to 994, inclusive, creating a new charter for the City of Chamblee, and to amend the several Acts amended by said Act, and to amend all Acts amendatory of said Acts, so as to annex additional territory lying adjacent to the present corporate limits of said municipality, and to extend the jurisdiction of the City of Chamblee over said annexed territory; to provide for a referendum; to provide that the annexed territory and all persons resident therein or affected by said annexation shall be subject to the jurisdiction of said municipality, and subject to the applicable laws and ordinances now in effect, and hereinafter enacted and having force and effect within said municipality; 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. On and after the passage and approval of this Act, the Act of August 17, 1908, found in Georgia Page 3319 Laws of 1908, page 542, creating a charter for the Town of Chamblee, in DeKalb County, and all Acts amendatory thereof, and the Act of 1935, approved March 28, 1935, found in Georgia Laws of 1935, pages 976 to 994, inclusive, creating a new charter for the City of Chamblee, and all Acts amendatory thereof, and all Acts amended by said several Acts be, and the same are, hereby amended in the following respects: By annexing to the corporate limits of the City of Chamblee the following additional territory, to wit: All that tract or parcel of land lying in DeKalb County, Georgia, lying between the present western and northwestern boundary or corporate limit line of the City of Chamblee, the eastern boundary or corporate limit line of the Village of North Atlanta, the northern side of Sexton road, and the northeastern side of the Chamblee and Dunwoody public road, and being more particularly described as follows: Beginning on the northeastern side of said Chamblee and Dunwoody public road at the point where the present northwestern corporate limit line of the City of Chamblee intersects the northeastern side of said Chamblee and Dunwoody public road, and running thence northwesterly along the northeastern side of said Chamblee and Dunwoody public road a distance of two hundred (200) feet, more or less, to a point where the northern side of Sexton Road, if extended in a straight course, would intersect the northeastern side of the said Chamblee and Dunwoody public road; thence running westwardly along said extended line to the northern side of said Sexton Road, and continuing thence in a westerly, southwesterly, northwesterly and westerly direction along the northern, northeastern, and at times northwestern side of said Sexton Road, and following the curvature thereof, to the point where the northern side of Sexton Road intersects the eastern corporate limit line of the Village of North Atlanta; thence running south along the eastern corporate limit line of said Village of North Atlanta, and also along the west land lot lines of land lots three hundred seven (307), three hundred (300), and two hundred and seventy-eight (278) a distance of six thousand five hundred (6500) feet, Page 3320 more or less, to the point where the present corporate limit line of the City of Chamblee, as defined by previous Act, intersects the north and south line next above described; thence running northeasterly, northerly, and again northeasterly along the western or northwestern corporate limit line of the City of Chamblee, as defined by previous Acts, to the point of beginning on the northeastern side of the Chamblee and Dunwoody public road. Said beginning point being in the northwestern part of land lot three hundred and eight (308) of the 18th land district. Corporate limits. Section 2. A referendum shall be held for the purpose of determining whether or not this Act shall become effective. The election shall be called by the city mayor and council of the City of Chamblee for a Saturday in the month of May and shall be conducted by the clerk of the City of Chamblee. The registered voters of the City of Chamblee shall vote at the city hall and the property owners in the area proposed to be annexed shall vote at the Sexton Wood Elementary School. Each property owner in the area proposed to be annexed shall be permitted to vote, but no person shall be permitted to have more than one vote. Those voting in favor of said annexation shall have written or printed on their ballots the words: Referendum. For annexation to the City of Chamblee. And those against said annexation shall have written or printed on their ballots the words: Against annexation to the City of Chamblee. A majority of those voting in the area proposed to be annexed and a majority of those voting in the City of Chamblee must vote for approval for said Act to become effective. Section 3. On and after the passage and approval of Page 3321 this Act as hereinbefore provided, the jurisdiction of the City of Chamblee shall extend over all the territory annexed by this Act; the laws and ordinances having effect in all other sections of the City of Chamblee are hereby made applicable to said annexed territory, and to the citizens and residents and all persons affected by said annexation. The annexed territory and the residents now or hereafter within said annexed territory, and all persons now or hereafter engaged in the various businesses, occupations, and professions therein are made liable for their legal proportion of the obligations and liabilities of the City of Chamblee, both as at present existing, as well as such as may accrue hereafter, under the laws and ordinances applicable thereto, provided however that said annexed real property shall not be subject to levy of ad valorem taxes by said municipality for the year 1958; after the year 1958, it shall be subject to such taxes, as any other. Personal property taxable within the same area will also become subject to ad valorem taxes on January 1, 1959, as other properties, sanitary taxes shall be collectible within said area for the year 1957. Taxes. Section 4. In the event any section, paragraph, or provision of this Act, or any isolated portion thereof, shall be declared illegal by a court of competent jurisdiction, the effect thereof shall not be construed as affecting or impairing the remaining portion, unless expressly so held. Section 5. Be it further enacted by the authority aforesaid, and it is so enacted, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Section 6. Be it further enacted by the authority aforesaid, and it is so enacted that there is attached hereto and made a part of this Act 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 as required by the Constitution and laws of this State, and in full compliance therewith. Page 3322 Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned will introduce a bill at the January, 1958, session of the General Assembly of Georgia, for an amendment to an act creating a new charter for the City of Chamblee, approved March 28, 1935, and all acts amendatory thereof, so as to annex additional territory to the corporate limits of said municipality and to provide for a referendum of the citizens affected by such annexation. This 7th day of January, 1958. W. Hugh McWhorter, Guy W. Rutland, Jr. James A. Mackay. 1-9-3t Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation was duly published once a week for three weeks as required by law; said dates of publication being January 9, 16, and 23rd, 1958. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 25th day of January, 1958. /s/ Ann Hardy, Notary Public, DeKalb County, Georgia. My Commission Expires July 26, 1961. (Seal) Approved March 25, 1958. Page 3323 CITY OF CENTERVILLECHARTERED. No. 436 (House Bill No. 798). An Act to create and incorporate a new municipality in Houston County, Georgia, to be known as Centerville; to define its territorial limits; to provide for ordidances; 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 the manner of electing officers; to provide a governing body pending elections; to provide qualifications of all voters, electors and candidates; to provide for the permanent registration of the qualified voters of said municipality and for the registration books of said municipality and when same shall be open; to provide for the mayor's court and the trial and punishment therein of all offenders against the ordinances of said municipality, and manner of appeal therefrom; to provide the time of elections and terms of officers and salaries thereof; to provide for the enacting of all necessary ordinances, rules and regulations for the orderly management and operation of said municipality; 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 a new municipality be and the same is hereby created, to be known as Centerville, to have perpetual existence, power to sue and be sued, plead and be impleaded, to have and use a common seal, to hold, possess, lease, sell or otherwise dispose of property within or without the limits of the corporation, to borrow money, to fully contract respecting municipal affairs, and to do all and every lawful act relating to its creation and existence as a municipality of this State. Created. Section 2. Be it further enacted, that the corporate limits of said municipality shall extend over that territory embraced within the following description: Page 3324 Beginning at a point on the northerly side of Centerville-Warner Robins Highway where the southeasterly line of E. D. Leverett property intersects therewith and thence running north along the easterly boundary of E. D. Leverett property to the northeasterly corner of E. D. Leverett property and thence continuing north in a straight line to the southerly boundary of Centerville-Elberta Road and thence running in a westerly direction along southerly boundary of said Centerville-Elberta Road until said road joins with and runs into Wilson Drive and thence continuing in a westerly direction along southerly boundary of said Wilson Drive to a point 1040 feet easterly of Centerville-Echoconee Road and thence running north parallel with said road to northerly boundary of J. T. Garvin property and thence running in a westerly direction along northerly boundary of Garvin property to said road and thence continuing in a straight line across said road, (in a westerly direction) to the westerly side thereof and thence running north to northeasterly corner of J. A. Joyner property and thence running west 1600 feet, parallel with Thompson Road, and thence running in a southerly direction, parallel to Centerville-Echoconee Road to property of Dan Gunn and thence running east along northerly boundary of Dan Gunn property to said Centerville-Echoconee Road and thence running south along easterly boundary of Gunn property to a point on a westerly extended line of the northerly right-of-way line of Warner Robins-Centerville Highway and thence running in an easterly direction along said extended line and along northerly right-of-way line of said Warner Robins-Centerville Highway to point of beginning. Corporate limits. Section 3. The governing authority of said corporation shall consist of a mayor and four (4) councilmen, whose salaries shall be fixed by the governing authority at a maximum of five ($5.00) per year for the mayor and five ($5.00) per year for each councilman. Mayor and council. Section 4. The following shall be mayor and councilman respectively, from the passage of this Act, and until their successors are elected and qualify: Sherrill Stafford, Page 3325 Mayor; Ira T. Garvin, John Mark Mathews, Earl L. Sims and Paul Stalnaker, Councilmen. Same, named. The named mayor and councilmen shall take office within thirty (30) days of the passage and approval of this Act, taking an oath to faithfully perform the duties of their offices before a judge of the superior court of Houston County. Oath. An election for a mayor and four (4) councilmen shall be held on the Tuesday after the first Monday in November, 1958, and the candidate who secures the largest number of votes for mayor shall take office for a term of two (2) years, and the candidate who secures the largest number of votes, for councilman shall serve as mayor pro tem. and as councilman for a term of two (2) years; the candidate who secures the next largest number of votes for councilman shall serve as councilman for a term of two (2) years and the two candidates who secure the next two (2) largest number of votes shall serve as councilmen for terms of one (1) year each. Yearly, beginning with 1959, on the Tuesday after the first Monday in November, an election shall be held to fill vacancies resulting from expiration of terms, and terms of all officers elected in 1959 election and thereafter shall be two (2) years. Elections. The mayor and council shall announce the hours of voting at least ten (10) days before the holding of an election. The mayor and councilmen hereafter elected shall serve in their respective offices until their successors are elected and qualify. The mayor and councilmen shall take office on the first Monday of December following their election, taking the same oath of office and in the same manner as provided for the persons specially named hereinabove as the initial mayor and councilmen. Section 5. In the event of any vacancy, prior to expiration of term, in the office of mayor or councilmen by death, resignation, or for any other cause, such vacancy, or vacancies, shall be filled by a majority vote Page 3326 of the remaining officers within sixty (60) days after such vacancy, and in such cases the mayor or councilmen, as the case may be, shall take office immediately. Vacancies. Said mayor and councilmen shall hold regular and open meetings on the first Tuesday of each calendar month, and called meetings at such times necessary to conduct the affairs of the corporation. Meetings. Section 6. With the exception of the persons specifically named in section 4 hereof, the mayor and councilmen shall be qualified to vote for members of the General Assembly of Georgia, shall be at least twenty-one (21) years of age, and shall have been a resident of such corporation for at least six (6) months prior to the election at which office is sought. Qualifications. Section 7. The qualifications necessary to entitle a person to vote at any municipal election shall be as follows: (a) Such person shall be at least eighteen (18) years of age; Voters' qualifications. (b) Shall have resided within the corporate limits of the municipality for at least three (3) months preceding the date of election; (c) Shall be a citizen of the United States and of the State of Georgia; (d) Shall be qualified to vote for members of the General Assembly of Georgia. Section 8. The mayor and councilmen shall keep or cause to be kept by a registrar, open at all times except as indicated hereinafter, a book for the registration of voters, and all qualified voters shall register therein, taking an oath to be prescribed by the governing authority of the corporation, embodying the elements of qualification set forth in this Act. Page 3327 Said registration book shall be closed thirty (30) days before any municipal election and during the first ten (10) days of such period the registration list shall be purged of all disqualified voters by the mayor and councilmen. At least ten days prior to any election, a registrar, appointed by the mayor and council, shall prepare and post, at some prominent and central place within the corporate limits, a list of voters qualified to vote at such election, and no person shall be entitled to vote in said election whose name does not appear on said list, or as the same may be augmented by the names of persons duly registered but erroneously eliminated from said list, and as so determined upon complaint of the voter so eliminated. Voters' registration, election. At least three (3) days prior to any municipal election, the registrar aforesaid shall furnish a copy of the list of qualified voters to the managers of said election whose selection is hereinafter provided. At least ten (10) days prior to any municipal election, the mayor and councilmen shall select two (2) freeholders and qualified voters of said corporation to serve as the managers at such election. Such managers shall preside over the election at the polling place or places and for the period of time said place or places are held open, as prescribed by the mayor and councilmen; shall receive the ballots, count, and consolidate the vote, and report the same to the governing authority, which shall meet and declare the result of said election on the Monday following next after such election. If any person shall desire to contest any election held under and by virtue of this Act, said contest shall be held, and notice thereof given, as is now provided for contest of elections for county officers in this State. Section 9. The mayor and councilmen shall constitute the legislative department of the City government, and as such shall be vested with full power and authority to condemn property either within or without the corporate limits, necessary for any public purpose, in accordance Page 3328 with the method and procedure of the condemnation of property provided by the laws of Georgia; to lease or sell any public property not used for public purposes; to make and establish by ordinance or resolution, rules and regulations respecting public streets, sidewalks, alleys, and parks, public markets and marketing, drainage, fire prevention and control, railroads, street railroads and transportation systems, motor-busses and other common carriers for hire, hotels, theaters, and any and all places of amusement or to which the public is invited, buildings, motor-vehicles and other vehicles, filling stations, garages, public-utility companies, and respecting all other matters and things affecting the good government of said corporation as they shall deem requisite and proper for the security, welfare, health, and convenience of said municipality, and for the preservation of the peace and good order of the same. Mayor and council. This general enumeration of powers is not to be construed as in conflict with any other power or authority conferred by the terms of this Act or general Acts applicable to this corporation, but, on the contrary, shall be construed as in aid of such power. All legislation shall be adopted or rejected by the majority vote of the mayor and councilmen, the mayor, in all cases, being entitled to a vote. Section 10. The mayor and councilmen may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the corporation for the purpose of regulating the location of trades, amusements, industries, apartment houses, dwellings or other uses of property; or for the purpose of regulating the height of buildings, fences, or other structures or the area or dimensions of lots or of yards used in connection with buildings or other structures; or for the purpose of regulating the alignment of buildings or other structures in relation to streets or in relation to one another. Same, zoning. Page 3329 The zoning regulations may be based upon any one or more of the purposes above described. The corporation may be divided into such number of zones, districts, or areas, and such may be of such shape and area as the governing authority shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of zones, districts, and areas, and regulations relating thereto, classifications may be based on the nature or character of the trade, industry, profession 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; consistency of use of such premises with the use of other properties, both public and private, and including properties of the corporation, the County, the State, and the United States; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, property, welfare, or for the prosecution of preparedness efforts of the State and Nation. All such powers shall be exercised only in conformity with the Constitution and laws of Georgia and the United States, at the time of the exercise of such powers, it being particularly intended to authorize said corporation, in the discretion of its governing authority, to take advantage of all present and future constitutional amendments to general law and/or new laws with reference to purposes of this section. No specific enumeration herein shall be construed to affect the generality of the powers conferred. Section 11. The corporation shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the municipality; upon banking, insurance, and other capital employed therein; upon salaries and incomes derived from property and business within the city, and upon gross receipts within Page 3330 the city; provided that no tax upon real or personal estate or property shall exceed twenty (20) mills upon the value thereof, the exact tax levy to be determined by resolution of the mayor and councilmen. Taxation Section 12. The mayor and councilmen, by ordinance or resolution, shall have full power to levy such license and specific or occupation taxes upon the residents of the corporation, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the governing authority may deem expedient and necessary for the safety, benefit, convenience, or advantage of the corporation; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses, to compel the payment of such licenses by execution or any other lawful manner; and to make all suitable laws and regulations necessary or proper to the carrying out of the powers herein conferred, and to prescribe suitable penalties for the violation thereof. Occupation taxes, etc. Section 13. The mayor and councilmen shall have authority to appoint or elect officers, agents, and employees necessary, in the opinion of said mayor and councilmen, for the proper management and operation of said corporation and to prescribe their duties and fix their salaries. Said governing authority, in its discretion, may permit any person to hold one or more of said positions or office, agency or employment. Any and all powers of the mayor and council, save the power of legislation, may be delegated to any such officer, agent, or employee. Officers and employees. All such officers, agents and employees shall hold their employment during the pleasure of the mayor and councilmen. Section 14. All persons owning property subject to ad valorem tax shall make returns thereof at fair market value, for tax purposes, to such officer, at such times and in such form as the mayor and councilmen may direct. Page 3331 The mayor and councilmen shall constitute the corporation's board of tax assessors, and it shall be their duty to assess all property for taxation and in the event of failure to make a return as prescribed, to assess a penalty of ten per cent (10%) of the assessed value. Ad valorem taxes. In the event of dissatisfaction on the part of any taxpayer over any such assessment, he shall, within ten (10) days of notice of assessment have the right to arbitrate the value by selecting a disinterested party, and the mayor and councilmen select a disinterested party; and these two to select another in case of disagreement and their decision as to the value of the property to be final. The arbitrator of the complaining taxpayer must be selected within ten (10) days of assessment notice; the arbitrator of the corporation within five (5) days thereafter and the third arbitrator, if necessary, within the next five (5) day period. In the event of failure to agree upon a third arbitrator within the time specified, the selection shall be made within twenty (20) days thereafter, by the senior judge, in point of service, of the Superior Court of Houston County. All ad valorem taxes shall be payable on or before the 20th day of December of the year in which levied and assessed. Section 15. The mayor and council shall have the right to enforce the collection of taxes and/or of any other money lawfully due the corporation, by execution issued by the governing authority or its designated officer or agent, bearing test in the name of the mayor, which execution shall be issued at the time and in the manner to be prescribed by ordinance, and sales under such executions shall be conducted as provided by law with respect to Sheriff's sales. Enforcement of taxes. Any officer or agent of said corporation may be authorized by the governing authority to levy any such execution or they may be levied and collected by the sheriff of Houston County. Executions shall be directed Page 3332 to such officers in the alternative. No injunction shall issue in arrest of such executions but contest of the legality of any such execution shall be by affidavit of illegality as provided by law. All sales under such executions shall be conducted by the levying officer and in the method provided as to sheriff's sales; deeds to successful bidders shall be executed by the mayor and councilmen and the levying officer shall have the right, power, authority, and duty to place the successful bidder and purchaser in possession of the property. The corporation shall have the power and authority to bid and to purchase at any such sale. Section 16. The mayor and councilmen shall have full power and direction, control over all streets, alleys, sidewalks, and street crossings and shall direct the mode, manner, and style in which they shall be opened or closed or constructed or maintained. Mayor and council, streets, sidewalks, etc. They shall likewise have power and authority, in their discretion, to grade, re-grade, pave, re-pave, macadamize, re-macadamize and otherwise improve for travel and drainage the streets, sidewalks, public lanes, alleys, and street crossings of the corporation, to put down curbing, guttering, and cross drains, and to otherwise improve the same, and to assess one-third (1/3) of the total cost thereof against the real-estate abutting on each side of the street upon which the improvement takes place, so that the abutting real property shall bear two-thirds (2/3's) of the entire cost. The mayor and councilmen shall have full authority to prescribe rules and regulations providing a method for apportioning the cost of the improvements determined upon, the issuance of executions therefor, and the method of collection thereof provided that all executions shall be levied and sales of property thereunder shall be in the manner herein this Act provided for all executions. The corporations shall likewise have authority to prescribe methods and means of notice to owners of properties Page 3333 affected, and for an opportunity for hearing in protest of the contemplated improvements. In the performance of any and all of the improvements herein provided and as may be determined upon, the mayor and councilmen shall have authority to cause such improvements to be made by corporate agencies or may contract the work to independent contractors. Section 17. The liens of all executions issued by the corporation shall have the same rank and priority of payment as tax executions for municipal taxes, and all recitals contained in any execution or deed pursuant thereto shall be prima facie evidence of the facts therein recited. Liens. Section 18. The governing authority shall have power and authority to order the construction, improvements, and maintenance of all public works, and without limiting this generality, including sewerage, the care and improvement of the public parks, the public buildings, the streets and bridges, and any and all utilities which the corporation may determine to own and/or operate for corporate and/or non-corporate users. Public works. The mayor and councilmen are authorized to issue bonds of the corporation in accordance with the laws of the State in such matters provided for any of the purposes hereinabove set forth, after first calling an election and thereat obtaining the assent of the number of the qualified voters of the corporation required by law. Section 19. A police court of said corporation is hereby created. It shall be optional with the mayor and councilmen whether the mayor shall serve as presiding officer of the court, or whether they shall elect a recorder as such presiding officer. In the absence or disability of the presiding officer, the mayor shall appoint a councilman to act as the presiding officer. All processes, summons, and all attachments and executions for fines and other writs Page 3334 issuing out of said court shall be issued, served, and returned as prescribed by the governing authority, bear teste in the name of the presiding officer, shall be directed to any officer or agent of the corporation, or to the Sheriff of Houston County in the alternative, and served and executed by any officer or agent to whom directed. Police court. Said court shall be held as often as necessary to clear the dockets of said court. Said court shall have jurisdiction and authority (a) to try offenses against the laws and ordinances of the municipal government and to punish for a violation of the same; (b) to punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another, whose testimony is desired or material in any proceeding in said court, to go or move beyond the reach of the process of the court; (c) to punish for any contempt of court; (d) through the presiding officer to impose fines not exceeding three hundred ($300.00) dollars and imprisonment not exceeding forty (40) days, either or both, in the discretion of the presiding officer. The presiding officer shall be to all intents and purposes a Justice of the Peace, so far as to enable him to issue warrants for offenses against the laws of the State and within the limits of the corporation, which warrants may be executed by any officer or agent designated by the governing authority, and to commit the offenders to the jail of Houston County, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. In all cases in the police court involving a violation of the penal statutes of Georgia, where the accused is bound over to the Superior Court of Houston County for trial, or in default of bond, committed by the police court to the common jail of Houston County to await trial, the municipality shall be allowed the following costs: Page 3335 Issuing warrant..... $1.25 Taking examination of defendant.... 1.25 Examining witnesses......30 each Making out commitment......35 Summoning witnesses......30 each Serving warrant..... 1.25 Keeping and maintaining prisoner 1.25 per day. Said costs shall be collected by the court in which the case is tried or triable in the same manner as other costs are collected by such court and paid over to the municipality. The mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary to secure the efficient and successful administration of the court. The right of certiorari from the decisions and judgments of the presiding officer shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of the judge of the Superior Court of Houston County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 20. The mayor and each member of council shall be qualified to serve the municipality in any office or position of agency or employment, except that they shall not serve in the positions of one another as members of the governing authority. Section 21. In addition to the powers hereinbefore enumerated, said corporation shall have all the additional power and authority usually and properly incident to municipal corporations not in conflict with the Constitution or laws of the State of Georgia or of the United States, which now exist or may hereafter exist by law, the mayor and councilmen being expressly empowered to adopt, in their discretion, any future law applicable to municipalities of this State without the necessity of further enabling enactments by the General Assembly of Georgia. Ordinances. Page 3336 Section 22. If any portion of this Act be declared invalid, the remainder hereof and the application of such portion to other persons or circumstances shall remain unaffected. Section 23. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Georgia, Houston County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Herman Watson, who, on oath, deposes and says that he is representative from Houston County, and that the attached copy of notice of intention to introduce local legislation was published in the Houston Home Journal, which is the official organ of said county, on the following dates: December 26, 1957 and January 2nd and 9th, 1958. /s/ R. Herman Watson, Representative, Houston County. Sworn to and subscribed before me, this 18th day of January, 1958. /s/ Calvin B. Oliver, Notary Public, Georgia, Houston County. (Seal). My Commission Expires April 2, 1961. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the January, 1958 session of the General Assembly of Georgia, there will be introduced a bill entitled, An Act to create and incorporate a new municipality in Houston County, Georgia, to be known as Centerville; to define its territorial limits; to provide for ordinances; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and Page 3337 liabilities and qualifications of all officers; to provide the manner of electing officers; to provide a governing body pending elections; to provide qualifications of all voters, electors and candidates; to provide for the permanent registration of the qualified voters of said municipality and for the registration books of said municipality and when same shall be open; to provide for the mayor's court and the trial and punishment therein of all offenders against the ordinances of said municipality, and manner of appeal therefrom; to provide the time of elections and terms of officers and salaries thereof; to provide for the enacting of all necessary ordinances, rules and regulations for the orderly management and operation of said municipality; and for other purposes. R. Herman Watson, Representative, Houston County, Georgia. 3tp. 12-26. Approved March 25, 1958. CITY OF SAVANNAHCHARTER AMENDED. No. 437 (House Bill No. 754). An Act to amend that certain Act approved August 19, 1913, entitled, An Act to provide for the holding of primary elections in the City of Savannah, Georgia, for the election of mayor and aldermen for said City; to fix the rules and regulations under which such primaries shall be held; the qualification of voters therein, and for other purposes, compiled and published in Ga. L. 1913, p. 1141, and that certain Act approved August 12, 1914, entitled, An Act to amend an Act approved August 19, 1913, entitled as aforesaid, compiled and published in Ga. L. 1914, p. 1172, by striking Section 1, in its entirety, from each of said Acts; to provide for the date for holding the primary elections Page 3338 for the election of Mayor, Aldermen and Recorder of the City of Savannah; to amend that certain Act approved August 18, 1919, entitled, An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, compiled and published in Ga. L. 1919, p. 1294, by striking therefrom section 3, in its entirety; to amend that certain Act approved August 12, 1914, entitled, An Act to provide for the registration of voters to vote at the municipal elections in the City of Savannah and to fix, regulate and determine the time, place and manner in which such elections shall be held and prescribe the qualifications of voters at all such elections and to prescribe penalties for all violations, compiled and published in Ga. L. 1914, p. 1162, by striking therefrom sections 1 and 25, in their entirety; to fix, regulate and determine the term of office of the mayor and aldermen of the City of Savannah and the recorder, and the time at which municipal elections in the City of Savannah shall be held; to provide for a referendum to repeal all laws and parts of laws in conflict herewith and particularly to repeal Ga. L. 1956, Vol. II, pp. 2028 and 2032, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That certain Act approved August 19, 1913, entitled, An Act to provide for the holding of primary elections in the City of Savannah, Georgia, for the selection of mayor and aldermen for said city; to fix the rules and regulations under which such primaries shall be held; the qualifications of voters therein, and for other purposes, compiled and published in Ga. L. 1913, p. 1141, and that certain Act approved August 12, 1914, entitled, An Act to amend an Act approved August 19, 1913, entitled as aforesaid, compiled and published in Ga. L. 1914, p. 1172, be and the same hereby are amended by striking, in its entirety, section 1, from each of said Acts and by substituting in lieu thereof in each of said Acts, the following: Page 3339 Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. (a) That between May 1, and July 1, in each fourth year, beginning in 1958, preceding the regular election for mayor and aldermen, and preceding the regular election for recorder of the City of Savannah, primary elections shall be held in the City of Savannah by all political parties which have a State or National organization and which desire to have candidates for mayor, aldermen and recorder in the next ensuing general municipal election for mayor and aldermen or for recorder. Primaries. (b) The date of such primary election shall be set by the city executive committee of each such political party consistent with the terms of this Act. Section 2. Those certain Acts approved January 31, 1956, compiled and published in II Ga. L. 1956, pp. 2028 and 2032, providing a date for the holding of primary elections for the election of mayor, aldermen and recorder of Savannah, and fixing, regulating and determining the term of office of the mayor, aldermen and recorder of the City of Savannah and the time at which municipal elections in the City of Savannah shall be held, be and the same hereby are repealed in their entireties. 1956 Act repealed. Section 3. That certain Act approved August 12, 1914, entitled, An Act to provide for the registration of voters to vote at the municipal elections in the City of Savannah and to fix, regulate and determine the time, place and manner in which such elections shall be held and prescribe the qualifications of voters at all such elections and to prescribe penalties for all violations, compiled and published in Ga. L. 1914, p. 1162, be and the same hereby is amended by striking therefrom section 1, in its entirety and substituting in lieu thereof the following: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That hereafter the elections for mayor and aldermen of the City of Savannah, shall be held on the first Tuesday in August, of each fourth year, beginning with the year 1958, that is to say, the next municipal election after the passage of this Act shall be held on the first Tuesday in August, 1958, and the next municipal election thereafter shall be held on the first Tuesday in August, 1962, and so on each succeeding fourth year thereafter. Elections Page 3340 Section 4. That certain Act approved August 12, 1914, entitled, An Act to provide for the registration of voters to vote at the municipal elections in the City of Savannah and to fix, regulate and determine the time, place and manner in which such elections shall be held and prescribe the qualifications of voters at all such elections and to prescribe penalties for all violations, compiled and published in Ga. L. 1914, p. 1162, be and the same hereby is amended by striking therefrom section 25, in its entirety and by substituting in lieu thereof the following: (a) That the term of office of the mayor and aldermen elected on the first Tuesday in August, 1956, shall expire at noon on the first Monday in October, 1958. (b) The mayor and aldermen elected on the first Tuesday in August, 1958, and on the same day of each succeeding fourth year thereafter, shall meet at noon on the first Monday in October following their election, for organization, and each alderman and the mayor shall take the oath of office. Mayor and aldermen, terms, oaths. (c) The oath of office shall be the oath prescribed for persons who are on the payroll of any city in the State. (d) The recorder elected to fill the term following the term of office of the present incumbent shall enter into Page 3341 office and take the oath prescribed for other officers of the City of Savannah, on the second Monday following the second Tuesday in January, 1959. Section 5. That certain Act approved August 18, 1919, entitled, An Act to alter and amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, compiled and published in Ga. L. 1919, p. 1294, be and the same hereby is amended by striking therefrom section 3, in its entirety, and said section 3, be and the same hereby is repealed. Section 3 of 1919 Act repealed. Section 6. Not earlier than the first day in May nor than the first day in July 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 aldermen of the City of Savannah to submit this Act to the voters of the City of Savannah for approval or rejection. The mayor and aldermen of the City of Savannah 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 Chatham County. The ballot label shall have printed thereon the words: Referendum. For approval of the act to make the term of office of the Mayor and Aldermen of the City of Savannah four years commencing after the expiration of the term of office of the present incumbents. Against approval of the act to make the term of office of the Mayor and Aldermen of the City of Savannah four years commencing after the expiration of the term of office of the present incumbents. 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. It shall be the duty of the mayor and Page 3342 aldermen of the City of Savannah to canvass the returns and declare and certify the result of the election to the Secretary of State. Section 7. If any provision of this law or its application to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application, and, to this extent, the provisions of this law are declared to be severable. Provisions severable. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Section 9. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation. 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 same was advertised in the Savannah Evening Press in compliance with the law of Georgia regarding local legislation. /s/ Frank S. Cheatham, Jr., Frank S. Cheatham, Jr. /s/ Edgar P. Eyler, Edgar P. Eyler. /s/ Edward T. Brennan. Edward T. Brennan. Sworn to and subscribed before me, this 21st day of January, 1958. /s/ Frances Y. Read, Notary Public, Fulton County, Georgia. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer Page 3343 oath, Jewel Lucas 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: State of Georgia, Chatham County. Notice of Intention to Apply for Legislation. Notice is hereby given of the intention to apply for legislation to amend Ga. L. 1919, p. 1294, 1295, by striking Sec. 3 therefrom; to amend Ga. L. 1914, p. 1162 by striking Secs. 1 and 25, therefrom; to repeal II Ga. L. 1956, p. 2032; to fix, regulate and determine the term of office of the mayor, aldermen and recorder of the City of Savannah and the time at which municipal elections in the City of Savannah shall be held; to amend Ga. L. 1913, p. 1141, and Ga. L. 1914, p. 1172, by striking Section 1, from each of said acts; to repeal II Ga. L. 1956, p. 2028, and to provide for the date for the holding of primary elections for the election of mayor, aldermen and recorder 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 December 20, 27, 1957; January 3, 1958. /s/ Jewel Lucas. Sworn to and subscribed before me, this 9th day of January, 1958. /s/ Esther Zittrauer, Notary Public, Chatham County, Georgia. (Seal). Approved March 25, 1958. Page 3344 TOWN OF SUGAR HILLCHARTER AMENDED. No. 438 (House Bill No. 1153). An Act to amend the charter of the Town of Sugar Hill (Ga. L. 1939, pp. 1302-1328) approved March 24, 1939, and all Acts amendatory thereof, providing for the levy of ad valorem taxes; 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 establishing the Town of Sugar Hill (Ga. L. 1939, pp. 1302-1328) and all Acts amendatory thereof, be and the same is hereby amended, as follows: Section 1. Section 18 of said Act incorporating the Town of Sugar Hill is hereby amended by striking the entire section and substituting in lieu thereof the following: Section 18. Be it further enacted that said corporation shall have full power and authority to assess, levy and collect any ad valorem tax upon the real or personal property owned or held within the corporate limits of said town up to but not exceeding twenty (20) mills on the assessed value of all such property for the purpose of ordinary current expenses. Said corporation shall have full power and authority to collect such taxes and licenses on trades, business occupations, picture shows, theatrical exhibitions, or other performances exercised, performed or exhibited in said town, as may be deemed proper, and fix and collect such taxes on circuses, menageries and all shows of domestic animals or other shows as may be deemed proper by said mayor and councilmen. Taxation. 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. Georgia, Gwinnett County. I, P. M. Christian, editor of The News Herald, a newspaper published in Lawrenceville, Georgia, and being the Page 3345 official organ of said county, do hereby certify that the attached copy of notice of intention to apply for passage of a local bill has been published once a week for three weeks, to-wit: January 29, February 5, and February 12, 1958. /s/ P. M. Christian, P. M. Christian, Editor. Sworn to and subscribed before me, this 12th day of February, 1958. /s/ Joseph E. Cheeley, Jr., Joseph E. Cheeley, Jr., Notary Public, Gwinnett County, Georgia. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the Town of Sugar Hill intends to apply for the passage of local legislation at the 1958 Session of the General Assembly of Georgia, amending section 18 of the charter so as to provide that the governing authority of said town shall be authorized to levy and collect any ad valorem tax upon the real and personal property owned or held within the corporate limits of said town not to exceed twenty (20) mills on the assessed value of all such property, 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. This 25th day of January, 1958. James H. Wages, Mayor. 15-3t-c. Approved March 25, 1958. Page 3346 CITY OF CARTERSVILLECHARTER AMENDED. No. 440 (House Bill No. 678). 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, particularly by an Act approved February 11, 1957 (Ga. L. 1957, p. 2048), so as to change certain provisions of said Act relating to school funds; to provide that the Cartersville School Board and not the board of aldermen shall designate a depository for school funds; to provide that school funds shall be paid directly to the Cartersville School Board and to authorize the State School Superintendent to pay funds to the city school superintendent; to provide that the city school superintendent shall keep an account of all school funds and to provide that all vouchers on such funds shall be issued by said school superintendent and countersigned by the president of the Cartersville school board; to provide for a budget for said board and the procedure connected therewith; to authorize said school board to employ necessary personnel and fix their compensation and to increase and redeem indebtedness; to provide for an audit of school funds; to authorize said school board to employ legal counsel; to prescribe additional duties for said city school superintendent and to provide for the bonding of said city school superintendent; 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, particularly by an Act approved February 11, 1957 Ga. L. 1957, p. 2048) is amended by inserting in section 106 thereof following the words, special funds, the word, and, and by striking from said section the words, and school moneys, so that said section, as amended hereby, shall read as follows: Section 106. The board of aldermen of the City of Page 3347 Cartersville, as early as practicable, after their term of office begins, shall designate a bank, or banks, which they consider solvent, as depository of the funds of the city, and shall be authorized to make contract with said bank, or banks for the payment of interest on daily balances. All funds of the city, including special funds and bond proceeds, shall be deposited with said bank, or banks. City depository. Section 2. Said Act is further amended by inserting following section 106 thereof a new section which shall be known as section 160A which shall read as follows: Section 106A. Provided, the Cartersville school board shall annually designate a bank, or banks, which it deems solvent, as depository of all of the school funds, and shall be authorized to make contract with said bank, or banks, for the payment of interest on daily balances. All funds of the Cartersville public schools shall be deposited with said bank, or banks. Same, school funds. Section 3. Said Act is further amended by striking therefrom section 114 in its entirety and inserting in lieu thereof a new section 114 which shall read as follows: Section 114. The pro rata portion of the public school fund of the State, and from all other sources, payable to the City of Cartersville, shall be apportioned by the State authorities, direct to the Cartersville school board, and the State Superintendent of Schools is authorized and required to pay to the city school superintendent, under the school system of the City of Cartersville, such portion of the entire Bartow County fund as shown on the books of the treasurer, as the school population of the City of Cartersville bears to the school population of Bartow County. Upon receipt of said funds by the city school superintendent they shall be immediately deposited by said superintendent to the account of the Cartersville school board in the bank or banks designated by the Cartersville school board as the depository of all school moneys. School funds. Page 3348 Section 4. Said Act is further amended by striking therefrom section 115 in its entirety and inserting in lieu thereof a new section 115 which shall read as follows: Section 115. The city school superintendent shall keep, or have kept, an accurate account of all receipts and disbursements of the school funds of the city. All disbursements made of school funds shall be by checks or vouchers issued by the city school superintendent and countersigned by the president of the Cartersville school board. Records. Section 5. Said Act is further amended by striking therefrom section 125 in its entirety and inserting in lieu thereof a new section 125 which shall read as follows: Section 125. The Cartersville school board shall, on a date mutually agreed upon by its members and the board of aldermen of said city, but not later than the first day of July of the school year being planned, prepare and submit to the board of aldermen for approval and adoption, an estimate of the amount of money which will be required for the maintenance and operation of the public schools for the succeeding year, which estimate shall set fourth the various items of expense as accurately as possible. It shall be the duty of the board of aldermen, upon its approval and adoption, in their annual levy of taxes, to make such levy as, in their judgment, shall be necessary and advisable to meet the expenditures contemplated in such estimate; and the amount so levied, together with all other funds from all other sources for school purposes received by the city, shall be collected and deposited to the credit of the Cartersville school board, and not diverted, or used for any other purpose. The board of aldermen of said city shall cause the approved local contribution to the support of the Cartersville public schools, for the succeeding school year, to be apportioned into twelve equal monthly installments and be so deposited by the city clerk to the credit of the school board each month. In case of a deficit in the school fund for any year or month, the board of Page 3349 aldermen may, by ordinance, supply or advance the same by a supplemental appropriation from the general fund. School budget. Section 6. Said Act is further amended by striking therefrom section 126 in its entirety and inserting in lieu thereof a new section 126 which shall read as follows: Section 126. The Cartersville school board shall be held directly responsible for the efficient and effective administration of each phase of the Cartersville school program, including the exclusive power to employ superintendents, principals, teachers, janitors, and other persons necessary for the execution of its purposes and fix the salaries and compensation within such limits as the said board may prescribe or approve by resolution, incurring indebtedness within the bounds of the approved budget of the then current year of operation, and redeeming such indebtedness by the issuance of checks or vouchers drawn upon the Cartersville school board account, as heretofore provided. In this connection, said school board shall cause an audit to be made of all of the records pertaining to the receipt and expenditure of all school funds within each school year, said audit to be completed as soon as possible after the close of the fiscal year ending June 30th. Further, the said school board shall have the privilege and responsibility of engaging legal counsel to assist it with matters of administration requiring legal advice and counsel. School board's responsibilities, audits, etc. Section 7. Said Act is further amended by inserting following section 119 thereof a new section which shall be known as section 119A which shall read as follows: Section 119A. The city school superintendent shall be purchasing agent for the Cartersville school board for all supplies, fuel, equipment, furniture, machinery, tools, engines, cars, trucks, office furniture, and all articles and wares of every kind necessary for the proper and efficient operation of the city schools, including the lights, water supply, sewerage, plumbing, repair of buildings, and such other matters as may be specially directed by the said school board. The city school superintendent Page 3350 shall execute a bond with solvent sureties sueable in Bartow County, to be approved by the Cartersville school board, in the sum of $3,000.00, payable to the Cartersville school board, conditioned for the faithful performance of all his duties. School superintendent. Section 8. This Act shall become effective beginning with the 1958-1959 school year for the Cartersville School Board. Effective date. Section 9. 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 1958 session of the General Assembly of Georgia legislation 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 change the provisions relating to school funds. This 11th day of December, 1957. W. B. Greene, Representative, Bartow County, Georgia. 12-12-3t. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William B. Greene and Woodrow H. Bradley, who, on oath, deposes and says that they are Representatives from Bartow County, and that the attached copy of notice of intention to introduce local legislation was published in the The Bartow Herald which is the official organ of said county, on the following dates: December 12, 1957; December Page 3351 19, 1957; and December 26, 1957. /s/ Woodrow H. Bradley, /s/ Wm. B. Greene, Representative, Bartow County. Sworn to and subscribed before me, this 15th day of January, 1958. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. (Seal). My Commission Expires October 4, 1960. Approved March 25, 1958. TOWN OF STATESVILLECHARTER AMENDED. No. 443 (House Bill No. 748). An Act to amend an Act entitled An Act to incorporate the Town of Statesville, in Echols County, and to appoint commissioners of the same, and to point out the mode of electing commissioners and other officers of said town, and to confer certain powers on the commissioners thereof, and for other purposes (Ga. L. 1859, p. 200 et seq.), by redefining the corporate limits of said town as contained in section one thereof. Be it enacted by the General Assembly of Georgia: Section 1. That Section 1 of An Act to incorporate the town of Statesville, in Echols County, and to appoint commissioners of the same, and to point out the mode of electing commissioners and other officers of said town, and to confer certain powers on the commissioners thereof, and for other purposes therein mention, as contained in Georgia Laws of 1859, pages 200, et seq., and which section provides: Be it enacted that the corporate limits of the town of Statesville, in the County of Echols, extend over and embrace the area of one-half mile from the court house, in every direction be and it is hereby amended by striking therefrom the words of one-half mile from the court house, in every direction and substituting therefor the words between State Highway No. 94 on the north, State Highway No. 11 on the west, Jackson Street on the south and a street lying immediately east of the court house square which is sometimes called Barnes Street so that said section 1, as amended, will read as follows: Corporate limits. Section 1. Be it enacted that the corporate limits of the town of Statesville, in the County of Echols, extend over and embrace the area between State Highway No. 94 on the north, State Highway No. 11 on the west, Jackson Street on the south, and a street lying immediately east of the court house square which is sometimes called Barnes Street. Page 3352 Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3. Attached hereto and made a part hereof is a copy of the notice of intention to introduce for passage this bill, properly certified as required by law. Notice of Local Legislation. Notice is hereby given that at the session of the General Assembly which convenes in January, 1958, I shall introduce for passage a bill to amend the charter of the Town of Statesville (Ga. L. 1859, p. 200, et seq.) by redefining the corporate limits of the town as contained in section one thereof, and for other purposes. This the 26th day of December, 1957. Louis T. Raulerson, Representative, Echols County. Georgia, Lowndes County. Personally appeared the undersigned, who being sworn, says that he is publisher of the Valdosta Daily Page 3353 Times, a newspaper having general circulation in Echols County, Georgia, and which is the official gazette for said county wherein the sheriff's advertisements are published, and that the foregoing notice of intention to ask for the passage of local legislation at the January-February 1958 session of the General Assembly of Georgia was published in the issues of said newspaper appearing December 26, 1957, and January 3, 1958, and January 10, 1958. /s/ E. M. Turner. Sworn to and subscribed before me, this 18th day of January, 1958. /s/ Virginia Smith, Notary Public, Lowndes County, Georgia. (Seal). Approved March 25, 1958. CITY OF BLUE RIDGECHARTER AMENDED. No. 446 (House Bill No. 1169). An Act to amend an Act creating a new charter for the City of Blue Ridge, approved March 23, 1935 (Ga. L. 1935, p. 928), so as to change the maximum ad valorem tax rate which may be levied by the mayor and councilmen of said city; to provide an effective date; to provide power and authority for the enactment and passage of zoning laws and ordinances regulating buildings and the use of property for buildings or other uses; and to give authority to the mayor and councilmen of the City of Blue Ridge to create and provide zones and districts for various uses, and to prohibit other or different uses therein; 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 Blue Ridge, approved March 23, 1935 (Ga. L. 1935, Page 3354 p. 928), is hereby amended by striking from section 39, the words fifty cents, and inserting in lieu thereof the words and figure one ($1.00) dollar, so that when so amended, section 39 shall read as follows: Section 39. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said City of Blue Ridge, the mayor and councilmen of said city shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds, and other evidences of debt, money used in banking, and every other species of property in said city or owned or held therein, of not exceeding one ($1.00) dollar on the hundred dollars, and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may hereafter issue, by said 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. Said mayor and councilmen shall have power and authority to provide by ordinances for the returns of all taxable property in said city, and to provide penalties for neglect or refusal to comply with the same. Ad valorem tax rate. Section 2. The provisions of this Act shall be effective as to all taxable years, beginning after December 31, 1957, if this Act is approved in a referendum as hereinafter provided for. Effective date. Section 3. The mayor and councilmen of the City of Blue Ridge are hereby authorized to pass zoning and planning laws whereby the said city may be zoned, or districted for various uses, and other or different uses prohibited therein, and to regulate the use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate in said city. Zoning. Section 4. The mayor and councilmen of said city may, in the interest of public health, safety, order, convenience, Page 3355 comfort, prosperity, or the general welfare of the citizens of said city, adopt by ordinances a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of the buildings or other structures or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning and districting regulations may be based upon any one or more of the purposes above set out. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the said myaor and councilmen shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classification may be based upon the nature or character of the trade, industry, profession, or other activities conducted upon the premises, the number of persons, families or other group units to reside in or use buildings, the public, quasi-public, or private nature of the use of premises, or upon any other basis, or bases relevant to the promotion of the public, health, safety, order, morals, convenience, prosperity or welfare. Same. Section 5. Be it further enacted for the reasons above stated, the mayor and councilmen shall have the further right and power, in any district proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein, and to provide therein such other similar regulations as shall secure the peace and good order of the city and the residents thereof. Same. Section 6. Be it further enacted that the said mayor and councilmen may zone or district all or any part of the area of said city and may, from time to time, enlarge the zoned or districted area, and may from time to time, enlarge, diminish or modify the area of any zone or district, and may change, modify or repeal any regulation or restriction relating to said zones, may create new zones and change or modify the boundaries of zones theretofore established. Same, changes. Page 3356 Section 7. Be it further enacted that the mayor and councilmen of said city may, in their discretion, appoint a commission to be known as a planning commission to recommend to the mayor and councilmen of the city the boundaries of the various zones or districts to be laid out, and to recommend the adoption of appropriate regulations and restrictions to apply to the lands, buildings and structures in said zones. The acts of such commission shall be advisory, only, and they shall receive such compensation as the mayor and councilmen shall determine. Planning commission. Section 8. Be it further enacted that for any or all of the purposes mentioned in this Act, the mayor and councilmen of said city may divide the city into districts of such number, shape and area as may be best suited to carry out the purposes of this Act; and within such districts may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures or land. Zoning. Section 9. Be it further enacted that no regulation, restriction or zone boundary shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least ten (10) days notice of the time and place of such hearing shall be published in the official organ of Fannin County, which notice shall be deemed conclusive upon all parties at interest. Public hearings Section 10. Be it further enacted that all resolutions or ordinances passed under this Act, or to carry out the provisions hereof may be passed after one reading before the mayor and councilmen of said city. Ordinances. Section 11. Be it further enacted that the mayor and councilmen of said city may provide by ordinance for the enforcement of this Act, and of any ordinance or resolution made thereunder, and provide for punishment by fine and imprisonment, either or both, for violations of any such ordinance passed pursuant to this Act under the provisions now in force for the enforcement of ordinances. Enforcement. Page 3357 In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Act, or of any resolution, ordinance or other regulation made under authority hereby conferred, the mayor and councilmen of said city may institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. Section 12. Any person or persons who may have a substantial interest in decision of the said mayor and councilmen may appeal from any decision to the Superior Court of Fannin County by filing with the clerk of the said court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal will be filed within 30 days after the decision of the mayor and councilmen is rendered. Appeals. Upon the filing of such appeal the clerk of the superior court shall give immediate notice thereof to the mayor of said city and within 30 days from the time of such notice the mayor shall cause to be filed with the said clerk a duly certified copy of the proceedings had before the mayor and councilmen of said city, including a transcript of the evidence heard before it, if any, and the decision of the said mayor and councilmen. Thereafter at the next term of the superior court, or in vacation upon 10 days notice to the parties, the judge of such court shall proceed to hear and pass upon the said appeal. The findings of fact by the said mayor and councilmen shall be final and conclusive on such appeal. In determining the questions presented by the appeal the court shall determine only whether the decision of the mayor and councilmen is correct as a matter of law. Any party at interest who is aggrieved by the judgment rendered by the superior court upon such appeal may have Page 3358 the same reviewed by appeal in the same manner as now provided by law in other cases. The filing of an appeal in the superior court from any decision of the said mayor and councilmen shall not ipso facto act as a supersedeas, but a supersedeas may be granted by the court upon such terms and conditions as may seem reasonable and proper. Section 13. 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 of the City of Blue Ridge to issue the call for an election for the purpose of submitting this Act to the voters of said city for approval or rejection. The mayor 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 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 Fannin County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act changing the maximum ad valorem tax rate which may be levied by the mayor and councilmen of Blue Ridge; and conferring upon the mayor and councilmen of Blue Ridge authority to enact zoning laws. Against approval of the Act changing the maximum ad valorem tax rate which may be levied by the mayor and councilmen of Blue Ridge; and conferring upon the mayor and councilmen of Blue Ridge authority to enact zoning laws. 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, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and Page 3359 effect. The expense of such election shall be borne by the City of Blue Ridge. It shall be the duty of the mayor and council to provide for the holding and conducting of such election. It shall be held under the same rules and regulations as govern other municipal elections. The result of the election shall be declared and certified by the mayor and council and the result thereof shall likewise be certified to the Secretary of State. Section 14. Be it further enacted by the authority aforesaid that in case any section, paragraph, sentence, clause or part of this Act should be declared to be illegal, void or unconstitutional, the illegality, invalidity, and unconstitutionality of such section, paragraph, sentence, clause or part shall not affect the remaining provisions of this Act. Section 15. 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 application will be made at this session of the General Assembly of Georgia, January-February 1958 session for the passage of a local bill amending the charter of the City of Blue Ridge so as to change the maximum ad valorem tax rate which may be levied by the mayor and councilmen of said city; to provide an effective date; to provide for zoning powers; to provide for a referendum election by the people so as to determine whether this act shall become effective; to repeal conflicting laws; and for other purposes. This 21st day of January, 1958. Mayor and Councilmen of the City of Blue Ridge. Georgia, Fannin County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, Luther Page 3360 Cobb, who being first duly sworn states that he is the editor and publisher of the Fannin County Times; that the Fannin County Times is the official organ in which sheriff's advertisements are published in Fannin County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the Fannin County Times on January 23, 30, and February 6, 1958. /s/ Luther Cobb, Luther Cobb. Sworn to and subscribed before me, this 10th day of February, 1958. /s/ W. Emmett Henslee, Notary Public, Fannin County, Georgia. (Seal). Approved March 25, 1958. COBB COUNTYCOMPENSATION OF SHERIFF AND DEPUTIES. No. 448 (House Bill No. 740). 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) and all the amendatory acts thereto, providing for the Sheriff of Cobb County and deputies to be entitled to receive proceeds arising from sales under Code section 58-207; to repeal conflicting laws; and for all other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. An Act relating to the abolition of the fee system in Cobb County and the fixing of salaries for the Page 3361 ordinary, sheriff and clerk of the superior court approved February 9, 1949 (Ga. L. 1949, p. 427) together with amendatory Acts thereof is hereby amended by adding the following section to be known as section 6 (a) thereof: Section 6 (a). The Sheriff of Cobb County and deputies provided for hereinabove shall be entitled to receive proceeds arising from sales under Georgia Code section 58-207 and shall retain monies so received individually, and such monies shall not be construed as such a fee as should insure to the benefit of Cobb County as provided in section 6 of this Act. Fees provided for under Code 58-207. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. Georgia, Cobb County. Personally appeared before the undersigned officer, in and for said State and County, Brooks P. Smith, who after being duly sworn, deposes and states upon oath that he is the editor of the Marietta Daily Journal and Cobb County Times, two newspapers being 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 newspapers in issues dated January 2, 1958; January 9, 1958 and January 16, 1958 of the Cobb County Times. M-1200. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958 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 Page 3362 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, and for other purposes. This 27th day of December, 1957. Eugene W. Holcombe, Representative, Cobb County, Georgia. 1:2-9-16. This 17th day of January, 1958. /s/ Brooks P. Smith, Brooks P. Smith, Editor. Sworn to and subscribed before me, this 17th day of January, 1958. /s/ Yvonne Harrison, Notary Public, Cobb County, Georgia. (Seal). Approved March 25, 1958. CITY OF FAYETTEVILLECHARTER AMENDED. No. 449 (House Bill No. 806). An Act to amend an Act creating a new charter for the City of Fayetteville, approved August 21, 1911 (Ga. L. 1911, p. 1171), so as to change the hours for holding elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Fayetteville, approved August 21, 1911 (Ga. L. 1911, Page 3363 p. 1171), is hereby amended by striking from section 7, the words eight o'clock a.m. to four o'clock p.m., central standard time and inserting in lieu thereof the words seven o'clock a.m. to seven o'clock p.m., so that when so amended, section 7 shall read as follows: Section 7. Be it further enacted, That the place of holding all municipal elections in said city shall be at the court house or city hall, as they may deem expedient, and the time of day for keeping open the election shall be from seven o'clock a.m. to seven o'clock p.m. The managers may begin to count the votes at any time in their discretion, but they shall not do so until the polls are closed if a candidate in person or by written authority objects. The city council may provide by ordinances for regulating and safeguarding all elections held in said city, and may adopt such provisions in reference thereto as are reasonable and not in conflict with this Act. Election hours. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grady L. Huddleston, who, on oath, deposes and says that he is Representative from Fayette County, and that the attached copy of notice of intention to introduce local legislation was published in the Fayetteville Enterprise, the official organ of Fayette County, in its editions for the following dates: December 18th, December 25th, 1957, January 1st and January 8th, 1958. /s/ Grady L. Huddleston, Representative, Fayette County. Sworn to and subscribed before me, this 22nd day of January, 1958. /s/ Albert E. Cutler, Notary Public, DeKalb County, Georgia. My commission expires Oct. 24, 1958. Page 3364 Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1958 session of the General Assembly of Georgia a bill to amend the Act creating a new charter for the City of Fayetteville, approved August 21, 1911 (Ga. L. 1911, p. 1171), as amended, so as to change the hours for holding elections; to provide for qualification and permanent registration of voters; to provide for two-year terms for the mayor and councilmen; and for other purposes. This 12th day of December, 1957. Grady L. Huddleston, Representative, Fayette County. 18-25-1. Approved March 25, 1958. POLK COUNTYCOUNTY ATTORNEY. No. 451 (House Bill No. 796). 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: Page 3365 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 a successor at anytime, in their discretion. The amount of the compensation 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. Notice of Local Legislation. Notice is hereby given that there will be introduced in the 1958 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 19 August, 1919, and to be found in Georgia Laws 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. This notice is given in compliance with the Constitution and Laws of the State of Georgia. Fields Whatley, Clerk, Board Commissioners, Polk County, Ga. Georgia, Polk County. 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 editor and Page 3366 publisher 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 3, 10 and 17, 1958. /s/ J. W. Stuff, Editor and Publisher. Sworn to and subscribed before me, this 20th day of January, 1958. /s/ Mrs. Herbert De Arman, (Seal). Notary Public, Polk County, Ga. My commission expires Feb. 6, 1961. Notice of Local Legislation. Notice is hereby given that there will be introduced in the 1958 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 19 August 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. This notice is given in compliance with the Constitution and Laws of the State of Georgia. Fields Whatley, Clerk, Board Commissioners, Polk County, Ga. 16 Jan. 3, 10, 17. Approved March 25, 1958. Page 3367 CITY OF McDONOUGHCHARTER AMENDED. No. 452 (House Bill No. 747). An Act to amend an Act to consolidate, amend and codify the various Acts incorporating the town of McDonough in the County of Henry, approved September 18, 1833 (Ga. L. 1882-83, p. 379), as amended, particularly by an Act approved October 12, 1885 (Ga. L. 1884-85, p. 417), an Act approved November 27, 1901 (Ga. L. 1901, p. 530), an Act approved August 17, 1908 (Ga. L. 1908, p. 856), an Act approved August 12, 1918 (Ga. L. 1918, p. 744), an Act approved December 29, 1937 (Ga. L. 1937-38, p. 1210), and an Act approved February 17, 1950 (Ga. L. 1950, p. 2825), so as to change the corporate limits of the City of McDonough; 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 to consolidate, amend and codify the various Acts incorporating the town of McDonough in the County of Henry, approved September 18, 1883 (Ga. L. 1882-83, p. 379), as amended, particularly by an Act approved October 12, 1885 (Ga. L. 1884-85, p. 417), an Act approved November 27, 1901 (Ga. L. 1901, p. 530), an Act approved August 17, 1908 (Ga. L. 1908, p. 856), an Act approved August 12, 1918 (Ga. L. 1918, p. 744), an Act approved December 29, 1937 (Ga. L. 1937-38, p. 1210), and an Act approved February 17, 1950 (Ga. L. 1950, p. 2825), is hereby amended by striking therefrom section 1 in its entirety and by substituting in lieu thereof a new section 1 to read as follows: Section 1. The corporate limits of the City of McDonough, in the County of Henry, shall extend one and one-fourth (1) miles in every direction from the center of the public square. Corporate limits. Section 2. Not less than fifteen nor more than thirty days after the approval of this Act by the Governor, or Page 3368 after it otherwise becomes law, it shall be the duty of the Ordinary of Henry County as to the area in Henry County outside the existing corporate limits of the City of McDonough proposed to be annexed, and it shall be the duty of the mayor of the City of McDonough as to the City of McDonough, to issue the call for an election for the purpose of submitting this Act to the voters of the area of Henry County outside the existing corporate limits of the City of McDonough proposed to be annexed and to the voters of the City of McDonough for approval or rejection in both areas. To be eligible to vote in the election, a person must be a resident in the area proposed to be annexed and qualified to vote for county officers, or a resident of the City of McDonough and qualified to vote in the city elections for mayor and other city officials. 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 Henry County and the official gazette of the City of McDonough, respectively. The ballot shall have printed thereon the words: Referendum. For approval of the Act extending the corporate limits of the City of McDonough. Against approval of the Act extending the corporate limits of the City of McDonough. All persons deciding 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 McDonough and in the area of Henry Connty outside the existing corporate limits of the City of McDonough 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 McDonough or in the area of Henry County outside the corporate limits of the City of McDonough proposed to be annexed are for approval of the Act, then it shall be void and of no force and effect. The entire expense of such election in the City of McDonough and in the area of Henry County Page 3369 outside the existing corporate limits of the City of McDonough proposed to be annexed, including the expense of any survey that may be necessary to determine the limits of the area proposed to be annexed, shall be borne by the City of McDonough. It shall be the duty of the ordinary to keep an accurate account of all expenditures toward the holding of such election in the area of Henry County outside the existing corporate limits of the City of McDonough proposed to be annexed and present such account to the Mayor of McDonough for payment immediately following the election. 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 in his area and announce the result to the mayor. It shall be the duty of the mayor to canvass the returns in his area and to certify the results of the election in both areas 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, 1958, session of the General Assembly of Georgia, a bill to change the corporate limits of the City of McDonough, in the County of Henry; to provide for a referendum; and for other purposes. This 18th day of December, 1957. S. Thomas Ellis, Representative, Henry County. Edward E. McGarity, Senator, 35th District. 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 3370 of notice of intention to introduce local legislation was published in the The Weekly Advertiser which is the official organ of said county, on the following dates: December 19, 1957, December 26, 1957 and January 2, 1958. /s/ S. Thomas Ellis, Representative, Henry County. Sworn to and subscribed before me, this 21st day of Jan., 1958. /s/ Frank H. Edwards, (Seal). Notary Public, Georgia, State at Large. My commission expires October 14, 1959. Approved March 25, 1958. CITY OF MACONCHARTER AMENDED. No. 453 (House Bill No. 738). An Act to amend an Act approved August 3rd, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17th, 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 reenacting any section or subsection of said Acts; to repeal section 48 relating to the clerk and other officers Page 3371 of recorder's court; to enact in lieu thereof a new section to be known as section 48 relating to the same subject matter and making specific provision for the office of clerk of the recorder's court and his election; to define his powers and duties; to provide for his compensation; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: 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 17th, 1914, together with the Acts amending the same passed since 1914, with certain changes in said Act; to consolidate into one act such changes as may have become necessary or proper, all the Acts constituting the charter 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 Acts whenever passed and wherever set forth, including any and all Acts amending, changing, or reenacting any section or subsection of said Act, be and the same is hereby further amended by striking therefrom and repealing section 48 relating to the clerk and other officers of recorder's court and enacting in lieu thereof a new section to be known as section 48, relating to the same subject matter, and making specific provision for the office of clerk of the recorder's court and his election; to define his powers and duties; to provide for his compensation; and for other purposes, which said section shall read as follows: Section 48. Recorder's Court-Clerk and Other Officers. The mayor and council shall elect a clerk of the recorder's court who shall not be a member of the police department, or any other city department, and who shall be answerable and responsible for the performance of his duties directly and solely to the recorder and to the mayor and council. Said clerk of the recorder's court shall give a commercial surety company bond in the sum of five thousand dollars ($5,000.00) in a company authorized to do business in the State of Georgia for the faithful performance of his duties as said clerk. The premium on said bond shall be paid by the City of Macon. Said clerk shall attend all sessions of the recorder's court and shall keep the dockets and all other records thereof of which said clerk shall have exclusive custody. Said clerk shall devote full time to the discharge of the duties of his office under the immediate direction of the recorder. Said clerk is hereby authorized and empowered to issue and sign the processes, summonses, subpoenas, warrants, including search warrants and arrest warrants and all other writs issuing out of said court and all attachments and executions for fines imposed in said court, all of which shall bear teste in the name of the recorder. For the purpose of issuing search warrants and arrest warrants, said clerk is hereby clothed with the same powers and authority as are conferred by the Constitution and laws of the State of Georgia upon justices of the peace. Said clerk shall receive all fines imposed by said court, and all cash bonds and other monies and collateral deposited in said court, and shall be responsible for all cash bonds and collateral forfeited by said court, and all payments made in bond forfeiture cases, and shall account for the same as directed by the mayor and council. There shall be such deputy or assistant clerks of the recorder's court as the mayor and council may provide. Said deputy or assistant clerks shall be clothed with all the powers and charged with all the duties and responsibilities of the clerk of said court, and shall give bond, as herein required of said clerk in the sum of one thousand dollars ($1,000.00), the premiums of which shall be paid by the City of Macon. The mayor and council are empowered and authorized to provide for the compensation to be paid to said clerk and to said deputy or assistant clerk or clerks for the performance of the duties herein described. The ministerial officers of said court shall be the chief of police, assistant chief, and officers and members of the police force of said city, any of whom may execute the mandates of said court, and to whom, in the alternative, all mesne and final process thereof shall be directed. The chief of police, or an officer of said police force designated by him, shall attend each session of said court for the purposes of executing the necessary orders thereof. Page 3373 Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned attesting officer, J. Douglas Carlisle, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing 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: December 28, 1957, January 4 and January 11, 1958, during a period of sixty 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 21st day of January, 1958. /s/ Janette Hirsch, (Seal). Notary Public, Fulton Co., Georgia. My commission expires October 4, 1960. Page 3374 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 1958 session of the General Assembly, which convenes on Monday, January 13, 1958: 1. An Act to amend section 2 of the charter of the City of Macon, as amended, relating to the corporate limits of the City of Macon, by adding thereto a description of new territory to become a part of the City of Macon; 2. An Act to amend section 46 of the charter of said City, as amended, relating to the powers of the recorder of the City of Macon, so as to define the offense of contempt of the recorder's court of the City of Macon and enlarge the powers of said recorder so as to include the power to punish for contempt of said court and to impound and condemn firearms which have been illegally used in said city; 3. An Act to amend section 48 of the charter of the City of Macon, as amended, relating to the clerk and other officers of the recorder's court so as to make specific provision for the office of the clerk of the recorder's court and his election, to define his powers and duties, and to provide for his compensation; 4. An Act directing the City of Macon to close, vacate and abandon and discontinue the use of the Old City Cemetery located in a portion of Square 35 and in a portion of the original right of way of Seventh Street lying east of said square in the City of Macon for cemetery purposes; directing the removal of the remains of the bodies buried in said Old City Cemetery, together with the headstones and monuments therein, from said square 35 and from said portion of Seventh Street, and the reinterment thereof in an appropriate area of Rose Hill Cemetery in the City of Macon set apart for said purpose; directing the City of Macon to pay the costs thereof and to erect in said portion of Rose Hill Cemetery a suitable memorial commemorating and honoring the reinterred Page 3375 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 27th day of December, 1957. C. Cloud Morgan, City Attorney. Approved March 25, 1958. COBB COUNTYCOMPENSATION OF DEPUTY SHERIFFS. No. 454 (House Bill No. 737). 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. 1952, p. 2279), an Act approved February 13, 1952 (Ga. L. 1952, p. 2529), and an Act approved March 7, 1957 (Ga. L. 1957, p. 2740), so as to change the compensation of the deputy sheriffs; 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 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), an Act approved February 13, 1952 (Ga. L. 1952, p. 2529), and an Act approved March 7, Page 3376 1957 (Ga. L. 1957, p. 2740), is hereby amended by striking from section 5 of said Act the figure $4200 and by substituting in lieu thereof the figure $5200, so that said section, as amended hereby, shall 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 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 revnues and advisory board of Cobb County provided, however, that said salaries shall not exceed $5200.00 per annum per each additional deputy approved 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1958 session of the General Assembly of Page 3377 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, and for other purposes. This 27th day of December, 1957. Eugene W. Holcombe, Representative, Cobb County, Georgia. 1:2-9-16. Georgia, Cobb 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 Cobb County Times, the official organ of Cobb County, in its editions for the following dates: January 2, January 9, and January 16, 1958. /s/ Eugene W. Holcombe. Eugene W. Holcombe, Representative Cobb County. Sworn to and subscribed before me, this 20th day of January, 1958. /s/ Vivian T. Bates, (Seal). Approved March 25, 1958. Page 3378 CITY OF ALMACHARTER AMENDED. No. 457 (House Bill No. 1132). An Act to amend an Act creating a new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. L. 1906, p. 496), as amended, so as to change the corporate limits of the City of Alma; to provide for jurisdiction within the annexed territory; to provide for referendum elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. L. 1906, p. 496), as amended, is hereby amended by striking in its entirety section 2, as amended, and inserting in lieu thereof a new section 2, to read as follows: Section 2. The corporate limits of the City of Alma shall include and embrace all of the following territory: As a starting point for describing the territorial limits of the City of Alma as provided in this Act, start at a point in the center of U. S. Highway 1 at a point where said highway crosses the south lot line of land lots 270 and 283 in the fifth land district of Bacon County, Georgia, and thence east along said land line 300 yards to a point, thence northward parallel with U. S. Highway 1 to a point on the property line of T. J. Townsend and Joe Lee properties, thence northeastward along said property line in a straight line to a point at the run of Boggy Branch, thence southeastward along the run of Boggy Branch to a point on the east bank of the east run of Big Hurricane Creek, thence northwestward along the east bank of the run of Big Hurricane Creek to a point 300 yards south of the Alma-Patterson highway, thence eastward along a line parallel with the said Alma-Patterson highway to a point opposite the intersection of the Bennett Still road with said Alma-Patterson road, thence Page 3379 northeastward along the east side of the Bennett Still road 300 yards to a point on the east side of said Bennett Still road, thence westward along a line parallel with the Alma-Patterson highway to a point on the east bank of the east run of Big Hurricane Creek, thence northwestward along the east bank of the east run of Big Hurricane Creek to a point at the mouth of Bear Branch, thence westward along the north bank of the run of Bear Branch to a point 300 yards eastward of U. S. Highway I measured at right angles from said highway, thence northward along a line parallel with U. S. Highway 1, and 300 yards from said highway, measured at right angles, to a point where said line intersects the run of Big Hurricane Creek, thence northwestward up the run of Big Hurricane Creek to a point in the center of U. S. Highway 1, thence northwestward at right angles with said highway to a point 300 yards from the center of said highway, thence southward along a line parallel with U. S. Highway 1, and 300 yards from said highway, measured at right angles, to a point on the north side of a public road which is located along the north line of land lot 281, thence west along the north side of said public road to a point where said road crosses a little branch, thence southward along said branch to a point on the north bank of the run of Bear Branch, thence westward along the north bank of Bear Branch to a point where said branch crosses the west lot line of land lot 281, thence south along said west lot line of land lot 281 to a point on said lot line 300 yards north of the Alma-Douglas highway, thence westward along a line located 300 yards north from said highway and parallel to said highway, to a point on the west side of a road leading southward to the Alma-Douglas highway, just west of the Mrs. N. E. Harrell residence, thence southward along the west side of said road and in a straight line across the Alma-Douglas highway to a point 300 yards south of the Alma-Douglas highway, thence eastward along a line 300 yards from said Alma-Douglas highway and parallel with said highway to a point on the west line of land lot 282, thence south along said land lot line to the southwest original corner of land lot 282, thence eastward along the original south lot line of land lot 282 to a point 300 yards west of Highway 64, thence south 300 yards to a point, thence east to a point 300 yards west of the west side of the right-of-way of U. S. Highway 1, thence southward along a line parallel with U. S. Highway 1, and 300 yards west of said highway to a point on the south lot line of land lot 283, thence east along said south lot line to the point of beginning. Corporate limits. Page 3380 Section 2. That all powers and authority of the City of Alma under its charter and ordinances, and all laws appertaining to said city as a municipality are hereby extended and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the said city are made co-existence with the limits as extended by this Act and all other rights and powers necessary to carry out and enforce the laws and ordinances governing the said City of Alma; the power of fixing and regulating business. The power of the health department, police department, marshal, clerk of the city, building inspector, mayor's court, and all other officers of the City of Alma, even though specifically named herein, are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws, and ordinances governing the City of Alma. Corporate powers. Section 3. Not less than thirty nor more than forty-five days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the City of Alma to issue the call for an election for the purpose of submitting this Act to the voters of the City of Alma for approval or rejection. Such Act shall only be submitted to those voters in that territory embraced within the corporate limits of the City of Alma as they existed prior to the passage of this Act. The governing authority 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 governing authority 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 Bacon County. Referendum. Page 3381 The ballot shall have written or printed thereon the words: For approval of the Act incorporating additional territory into the City limits of Alma. Against approval of the Act incorporating additional territory into the City limits of Alma. 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, the Act shall become of full force and effect upon the filing of a petition as hereinafter provided or a favorable vote in the territory to be annexed as hereinafter provided. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect and the provisions relative to a referendum in the territory to be annexed shall not be followed. The expense of such election shall be borne by the City of Alma. It shall be the duty of the governing authority to hold such election. The governing authority shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be the further duty of the governing authority to certify the result thereof to the Secretary of State. Section 4. In the event of a favorable vote in the referendum in the City of Alma provided for hereinbefore, the governing authority of the City of Alma is hereby authorized and directed to call an election in the territory proposed to be annexed not less than fourteen nor more than sixteen months after the date of the election within the city, unless the petition as provided for hereinafter is filed with the governing authority. The date of such election shall be set for a day not less than thirty nor more than sixty days after the date of the issuance of the call. The governing authority shall cause the date and Page 3382 purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bacon County. The ballot shall have written or printed thereon: Referendum. For approval of the Act incorporating additional territory to the City of Alma. Against approval of the Act incorporating additional territory to the City of Alma. It shall be the duty of the governing authority of the City of Alma to obtain from the Ordinary of Bacon County a list of voters in the territory proposed to be annexed. It shall be the duty of the Ordinary of Bacon County to furnish the governing authority such list. It shall be the further duty of the ordinary to assist the governing authority in holding and conducting such election, and the ordinary shall keep an account of the expense incurred by him and the governing authority of the City of Alma shall pay the ordinary therefor. 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 the Act shall become of full force and effect and the territory shall be annexed to and shall become a part of the City of Alma. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect and the territory shall not become a part of the City of Alma. It shall be the duty of the governing authority of the City of Alma, along with the Ordinary of Bacon County, to hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the governing authority, along with the ordinary, to canvass the returns and declare and certify the result of the election and to certify the result thereof to the Secretary of State. In the event of a favorable vote within the City of Alma as provided hereinbefore, and in the event a petition of Page 3383 51% of the voters in the territory proposed to be annexed is filed with the governing authority of the City of Alma, after such favorable vote and prior to the issuance of the call of the election in the territory proposed to be annexed, the territory proposed to be annexed shall be considered annexed and such territory shall become a part of the City of Alma. The governing authority of the City of Alma shall determine the sufficiency of the petition filed with it. Petition. 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 there will be introduced at the 1958 session of the General Assembly of Georgia, a bill to provide the procedure relative to extension of the City limits of the City of Alma, Georgia, in the County of Bacon, and for other purposes. This 20th day of January, 1958. C. J. Broome, Representative, Bacon County. H. Dorsey Deen, Senator, 46th District. P 1-23-30 2-6. 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 The Alma Times which is the official organ of said county, on the following dates: January 23 and 30, February 6, 1958. /s/ C. J. Broome, Representative, Bacon County. Page 3384 Sworn to and subscribed before me, this 13th day of Feb., 1958. /s/ Frances Y. Read, Notary Public, Fulton Co. Approved March 25, 1958. COMPENSATION OF CORONERS IN CERTAIN COUNTIES. No. 458 (House Bill No. 759). An Act to amend Code section 21-105, relating to the fees paid to coroners, as amended, so as to provide that in certain counties, the coroner shall be paid a certain salary in lieu of fees; to provide an effective date; 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 the fees paid to coroners, as amended, is hereby amended by adding at the end thereof the following: Effective March 1, 1958, in each county in this State having a population of not less than 115,000 and not more than 119,900, according to the United States census of 1950, or any future census, the coroner shall receive a salary of $3200.00 per year, payable in equal monthly installments out of the county treasury, which salary shall be in lieu of all fees allowed a coroner by law. Where applicable amount. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. Page 3385 ZONING AND PLANNING BOARDS IN CERTAIN COUNTIES. No. 459 (House Bill No. 1137). An Act to amend an Act entitled An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, to provide the procedure for zoning and planning, to provide for the establishment of planning boards and boards of adjustment and for other purposes approved January 31, 1946 (Ga. L. 1946, pp. 191-203) as amended by the Act of 1952 (Ga. L. 1952, pp. 2731-2735), so as to provide that planning boards shall consist of not less than three nor more than nine members; to provide that the county authorities of the county shall appoint four members of the municipal planning board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. The Act entitled An Act to authorize the governing authority of the several municipalities of this state to enact zoning and planning ordinances and regulations, to provide the procedure for zoning and planning, to provide for the establishment of planning boards and boards of adjustment and for other purposes approved January 31, 1946 (Ga. L. 1946, pp. 191-203), as amended by the Act of 1952 (Ga. L. 1952, pp. 2731-2735), be and the same hereby is amended by striking, in the fourth line of section 3 thereof, the word seven, and inserting in lieu thereof the word nine, and by striking, in the twenty-fourth line of section 3 thereof, the word two, and inserting in lieu thereof the word four, and by striking in the twenty-eighth line of section 3 thereof, the word two, and inserting in lieu thereof the word four, so that section 3, as amended, shall read as follows: Section 3. In each municipality in which the governing Page 3386 authority undertakes to exercise the powers conferred in this Act such authority shall appoint a board of not less than three or more than nine members to be known as the municipal planning board and to have such terms (not to exceed four years) as the said governing authority may determine. Any citizen of the municipality may be appointed to membership on the board except members of the municipal governing authority. The board shall elect one of its own members chairman and shall appoint a secretary, who may be an officer or employee of the municipality. The board shall make its own rules of procedure and determine its time of meeting. If the said municipality governing authority desires it may, instead of appointing a planning board for the municipality, form a planning board in conjunction with the governing authorities of the county in which such municipality is located and thereupon may delegate to such joint planning board any or all of the powers and duties which under the terms of this Act are conferred on the municipal planning board. In all municipalities having a population of more than 300,000, according to the United States census of 1950 or any future United States census, four of the members of the municipal planning board shall be appointed by the commissioners of roads and revenues, or other governing authority of the county. Should any such municipality lie in more than one county, the four members herein provided shall be appointed by the commissioners of roads and revenues, or other governing authority of the county in which the larger portion of the population of said municipality resides. Members. Where applicable. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1958. Page 3387 POLK COUNTYBOARD OF COMMISSIONERSCHAIRMAN'S TRAVEL EXPENSES. No. 460 (House Bill No. 795). 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: 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, and Act, No. 207, House Page 3388 Bill No. 335, p. 2584, Georgia Laws 1957, Volume II, is specifically repealed. 1957 Act repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January, 1958, 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. Fields Whatley, Clerk, Board of Commissioners Polk County. Georgia, Polk County. Personally appeared before me, the undersigned attesting officer, J. W. Stuff, who on oath, deposes and says that he is the editor and publisher 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 3, 10 and 17, 1958. /s/ J. W. Stuff, Editor and Publisher. Sworn to and subscribed before me, this 20th day of January, 1958. /s/ Mrs. Herbert DeArman, Notary Public, Polk County, Ga. (Seal). My commission expires Feb. 6, 1961. Notice of Intent to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January 1958, session of the Page 3389 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 expense for actual travel performed in the discharge of duties imposed by law on said chairman, and for other purposes. Fields Whatley, Clerk, Board of Commissioners, Polk County. 17 Jan. 3, 10, 17. Approved March 25, 1958. EMPLOYEES OF ORDINARIES IN CERTAIN COUNTIES NAMED DEPUTY CLERKS. No. 461 (Senate Bill No. 308). An Act to provide that the employees of the ordinary of certain counties, with the exception of the clerk of the court of ordinary, shall be deputy clerks of the court of ordinary, and authorized to perform the duties of such deputies; 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 108,000 and not more than 114,000 according to the 1950 United States census, or any future census, all employees of the ordinary of such counties, with the exception of the clerk of the court of ordinary, shall be deputy clerks of the court of ordinary, and shall be authorized to perform such duties as may be performed by law by deputy clerks of the court of ordinary. Where applicable, exemption. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. Page 3390 POWER AND AUTHORITY OF JOINT CITY-COUNTY BOARD OF TAX ASSESSORS IN CERTAIN COUNTIES. No. 463 (Senate Bill No. 303). 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 census of the United States (Ga. L. 1952, pp. 2825 et seq.) as amended, and for the other purposes set forth in the caption of said 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 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: Where applicable. Section 1. In connection with the equalization of assessments, the joint city-county board of tax assessors shall have all the power and authority provided by Title 92, Chapter 69, Code of Georgia, as amended, which said chapter relates to the equalization of assessments by county board of tax assessors. The particular sections which are adopted as applicable are as follows: Power and authority. Section 92-6910. Relating to employment of agents, etc. Section 92-6911. Relating to meetings of the board. Section 92-6912. Relating to arbitration. Section 92-6913. Duty to ascertain what property is subject to taxation. Page 3391 Section 92-6914. Power to summon witnesses and require the production of books and papers. Section 92-6915. Valuation of property. Section 92-6916. Service of papers. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. The amendment to said Act approved March 9, 1956, (Ga. L. 1956, pp. 3361 to 3364, both inclusive), is hereby repealed. 1956 Act repealed. Approved March 25, 1958. CITY OF THOMASVILLECHARTER AMENDED. No. 465 (House Bill No. 953). An Act to amend the charter of the City of Thomasville as established by an Act of the General Assembly of Georgia, approved October 3, 1889, (Ga. L. 1888-89, pages 854 to 864, inclusive) as amended by several subsequent Acts, so that said charter as amended will provide: that five commissioners shall be elected at the general election for the City of Thomasville in the year 1959; that at said general election the two commissioners receiving the highest number of votes shall be elected for a four year term of office; that the three commissioners receiving the next highest number of votes shall be elected for a two year term of office; that at all subsequent general city elections (which are held each odd calendar year) only three commissioners shall be elected, and those two receiving the highest number of votes shall be elected for a four year term of office and the one receiving the next highest number of votes shall be elected for a two year term of office; that the term of office of each commissioner shall commence on the first day of January following his election; that there shall be a board of five commissioners with three members elected every two years at each general city election; that as soon as the board of commissioners has qualified by taking the oath of office and at the first meeting in January after the election of new commissioners at each general election, the said board of commissioners shall elect one of their members to be designated as mayor to serve for a term of two years and until his successor is elected and qualified, and that said member shall thereafter have all of the powers and perform all of the duties required by the charter of the City of Thomasville of the mayor of said city; and for other purposes. Page 3392 Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows: That on and after the effective date of this Act the charter of the City of Thomasville as established by an Act of the General Assembly of the State of Georgia approved October 3, 1889 (Ga. L., 1888-89, pp. 854 to 864, inclusive), as amended by several subsequent Acts, be and the same is hereby amended in the following particulars, to wit: Section 1. By striking from said charter that portion thereof contained in section 3 of the Act of 1943 (Ga. L. 1943, pp. 603-604) as amended and inserting in lieu thereof, the following: Section 3: Be it further enacted that said five citizens, who shall constitute the board of commissioners of the City of Thomasville, shall be elected by the qualified voters of said city in the manner hereinafter provided and for the terms of office hereinafter provided. Each of them shall be a citizen of said city who shall have the same qualifications as are prescribed by the charter of said city and its several amendments, for the office of mayor and alderman. Commissioners. Section 2. By striking from said charter that portion thereof contained in section 4 of the Acts of 1943 (Ga. Page 3393 L. 1943, pp. 604-605), as amended, and inserting in lieu thereof the following: Section 4: Be it further enacted that general elections shall be held for the election of commissioners on the 3rd Tuesday in December of each odd calendar year; at the general election for the year 1959, the two commissioners receiving the highest number of votes shall be elected for a term of four years to begin on January 1, 1960, and to continue until their successors are elected and qualified, and the three commissioners receiving the next highest number of votes shall be elected for a term of two years beginning on January 1, 1960, and to continue until their successors are elected and qualified; that at each general election for said city thereafter on the 3rd Tuesday in December of each odd calendar year the two commissioners receiving the highest number of votes shall be elected for a term to commence on the 1st day of January following their election and to continue until their successors are elected and qualified, and the commissioner receiving the third highest number of votes shall be elected for a term of two years to commence on the 1st day of January following his election and to continue until his successor is elected and qualified. Same, elections in terms, etc. It is the purpose and intent of this act that there shall always be five commissioners duly elected to serve on said board. Said elections shall be held under the supervision and control of the board of commissioners of said city and under the laws now of force for holding elections for members of the board of commissioners or formerly for mayor and aldermen for said city. The returns for said elections shall be made to said board of commissioners who shall declare the results thereof. In the event the election of the required number of commissioners cannot be determined because of a tie vote between candidates, a new election shall be called by the board of commissioners to determine which of the candidates receiving the same number of votes shall be elected. Page 3394 In the event the term of office of any elected commissioners cannot be determined because of a tie vote between or among them, the then existing board of commissioners shall determine the terms of office of said commissioners by ballot at their first meeting following said general election. All citizens of the City of Thomasville who have registered and have been qualified as registered voters of said City of Thomasville in accordance with the Act of the General Assembly of the State of Georgia for 1931, page 992 et seq. shall be eligible to vote in such general elections. Provided: that, all such elections shall be held at one voting precinct at the city hall in said city, at which all voters therein shall cast their ballots. Section 3. By striking from said charter that portion thereof contained in section 5-A of the Act of 1943 as amended, and inserting in lieu thereof the following: Section 5-A. As soon as the new members of the board of commissioners have qualified by taking the oath of office aforesaid, and at the first meeting in January after their election, the said board of commissioners shall elect one of their members to be designated as mayor for a term of two years and until his successor is elected and qualified and that said member shall thereafter have all of the powers and perform all of the duties required by the charter of the City of Thomasville as hereby amended by the mayor of said city. Mayor. Section 4. Be it further enacted that nothing contained in this Act shall affect the term of office of the present board of commissioners of the City of Thomasville or any other officer of the City of Thomasville now serving as such, or any officer of the City of Thomasville elected at the general election of the City of Thomasville to be held on the 3rd Tuesday in December, 1957. Intent. Section 5. Be it further enacted that it is the intent and purpose of this Act that it shall in nowise change the existing charter or form of government of the City Page 3395 of Thomasville except as to the terms of office of the members of the board of commissioners to be elected after the effective date of this Act. Same. Section 6. Be it further enacted that this Act shall become effective on the first day of January, 1959. Effective date. Section 7. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 8. Be it further enacted that the following notice of local legislation with the affidavit of publisher as to publication are incorporated herein and made a part hereof: I, Lee E. Kelly, do certify that I am General Mgr. of the Times-Enterprise Company; that the Times-Enterprise Company is the publisher of the Thomasville Times-Enterprise Weekly Edition; and that Thomasville Times-Enterprise Weekly Edition is the newspaper in which sheriff's advertisements for Thomas County, Georgia, are published. I do further certify that the notice of local legislation attached below this certificate was published in the Thomasville Times-Enterprise Weekly Edition on the 20th, 27th days of Dec., 1957, and Jan. 3rd, 1958. Witness my signature this 23rd day of Jan., 1958. /s/ Lee E. Kelly. Notice of Local Legislation. Notice is hereby given to whom it may concern that after three (3) weeks' publication of this notice, and within sixty (60) days hereof, there will be introduced for passage by the Legislature of Georgia a bill with the title and caption as follows: An Act to amend the charter of the City of Thomasville as established by an Act of the General Assembly of Georgia, approved October 3, 1889, (Ga. L., 1888-89, pp. 854 to 864, inclusive) as amended by several subsequent Acts, so that said charter as amended will provide: that five commissioners shall be elected at the general election for the City of Thomasville in the year 1959; that at said general election the two commissioners receiving the highest number of votes shall be elected for a four year term of office; that the three commissioners receiving the next highest number of votes shall be elected for two year term of office; that at all subsequent general city elections (which are held each odd calendar year) only three commissioners shall be elected, and those two receiving the highest number of votes shall be elected for a four year term of office and the one receiving the next highest number of votes shall be elected for a two year term of office; that the term of office of each commissioner shall commence on the first day of January following his election; that there shall be a board of five commissioners with three members elected every two years at each general city election; that as soon as the board of commissioners has qualified by taking the oath of office and at the first meeting in January after the election of new commissioners at each general election, the said board of commissioners shall elect one of their members to be designated as mayor to serve for a term of two years and until his successor is elected and qualified, and that said member shall thereafter have all of the powers and perform all of the duties required by the charter of the City of Thomasville of the mayor of said city; and for other purposes. Page 3396 This..... day of December, 1957. Board of Commissioners, City of Thomasville. Approved March 25, 1958. Page 3397 CITY OF FOREST PARKCHARTER AMENDED. No. 468 (House Bill No. 1104). An Act to amend an Act approved August 14, 1908, entitled An Act to Incorporate the Town of Forest Park in the County of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their election; to provide for the government of said town, and for other purposes and the several acts amendatory thereof, so as to define, set forth, and prescribe the present corporate limits of said city; and so as to designate the qualifications of the city recorder, specifically repealing section 5 of the amended charter of said city, (Ga. L. 1952, p. 2482); and so as to allow the mayor and council to set and determine the salary of its members; and so as to provide a veto power for the mayor and the overriding of the mayor's veto by council; and so as to provide pensions and insurance programs for officers and employees with the right of the city to contribute or pay from its general fund part of the premiums charged; and so as to prescribe qualifications for candidates seeking the office of mayor or councilman and the oath to be taken by candidates; and so as to provide that a candidate shall designate the office he seeks, and that a councilman elected from a designated ward shall reside in said ward and upon removal the vacancy shall be filled by appointment or election, as so provided; and so as to define, prescribe, and extend the city limits of said city and to give present municipal power and authority over all of said described area and parcel, provided the amendment is approved by a majority of those voters in a referendum by the qualified voters in the manner set out; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 14, 1908, entitled An Act to incorporate the Town of Forest Park in the County of Clayton; to prescribe its limits; to provide for Page 3398 a mayor and council of said town and prescribe their duties and powers and the manner of their election; to provide for the government of said town; and for other purposes, and the several acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Notice of the intention to apply for passage of this local bill has been published in the newspaper in which the sheriff's advertisements for the locality are published, namely in the Forest Park Free Press and Clayton County News Farmer, the newspaper in which the sheriff's advertisements for Clayton County are published, once a week for three (3) weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 2. Paragraph 1. Present Corporate Limits of the City of Forest Park. That the corporate limits of the City of Forest Park, Clayton County, Georgia, is hereby defined and prescribed so as to include and embrace within the corporate limits of the City of Forest Park all of the territory within the following boundary lines: Beginning at a point on the present corporate limit line, said point being the southeast corner of land lot 77, and proceeding in a westerly direction along the south boundary line of land lot 77, 350 feet more or less to the west R/W line of Old Highway 41; thence in a southerly direction along the west R/W line of Old Highway 41, 50 feet more or less to the south R/W line of Kennedy Road; thence in a westerly direction along the south R/W line of Kennedy Road, 1680 feet more or less to the extension of the west R/W line of Porter Street; thence along the west R/W line of Porter Street and the projection of said line, 5830 feet more or less to the south boundary line of land lot 45; thence approximately south 88 deg. 18 min. west along the south boundary line of land lots 45 and 44, 1500 feet more or less; thence approximately north 04 deg. 42 min. west, 720 feet more or less to the south R/W line of Mirror Lake Page 3399 Road; thence easterly along the south R/W of Mirror Lake Road, 1577 feet more or less; thence north 1 deg. west, 775 feet more or less to the north R/W line of the Central of Georgia Railroad (mainline); thence north 89 deg. east, 440 feet more or less to the north R/W line of Main Street; thence in an easterly direction along the north R/W line of Main Street, 3650 feet more or less to a point, said point being the intersection of the north R/W line of Main Street and the extension of the west R/W line of Tanglewood Lane; thence approximately north 1 deg. west along the west R/W line of Tanglewood Lane and the extension of said line, 1400 feet more or less; thence south 89 deg. west, 245 more or less; thence north 08 deg. 30 min. east, 134 feet more or less; thence north 16 deg. 30 min. west, 194 feet more or less; thence north 36 deg. 30 min. east, 338 feet more or less to the southwesterly right of way line of Stone Mountain View Drive; thence north 51 deg. 45 min. west, 429 feet more or less; thence north 89 deg. east, 326 feet more or less; thence north 01 deg. west, 1130 feet more or less to a point on the south boundary line of land lot 19; thence south 89 deg. west along the south boundary line of land lot 19, 500 feet more or less; thence north 1 deg. west, 2125.5 feet more or less; thence north 89 deg. east, 855.6 feet more or less; thence in a northeasterly direction on an approximate bearing of north 80 deg. east, 184.8 feet more or less; thence continuing in a northeasterly direction on an approximate bearing of north 83 deg. east, 350 feet more or less; thence continuing northeasterly on approximate bearing of north 76 deg. east, 334.1 feet more or less; thence in a northeasterly direction across Hendrix Drive on an approximate bearing of north 72 deg. east, 50 feet more or less to the northeasterly side of the right of way of Hendrix Drive; thence in a northwesterly direction along the northeasterly side of the right of way line of Hendrix Drive, 433.1 feet more or less; thence in a northeasterly direction across Mountain View Road, 80 feet more or less to the north side of the right of way of Mountain View Road; thence in a northwesterly direction along the north side of the right of way of Mountain View Road, 413 feet more or less to a point on the Page 3400 north boundary line of land lot 19; thence along the northern boundary line of land lot 19 north 87 deg. 35 min. east, 335.2 feet more or less; thence north 02 deg. 50 min. west, 1061.1 feet more or less; thence south 87 deg. 25 min. west, 679.8 feet more or less; thence north 02 deg. 57 min. west, 574.3 feet more or less; thence north 87 deg. 36 min. east, 1462.7 feet more or less; thence south 02 deg. 39 min. east, 1627.5 feet more or less to a point, said point being the northeast corner of land lot 19; thence south 02 deg. 13 min. east along the east boundary line of land lot 19, 417.4 feet more or less to the north side of the right of way of Mountain View Road; thence in an easterly direction along the north side of the right of way of Mountain View Road, 3680 feet more or less; thence approximately south 1 deg. east, 270 feet more or less; thence approximately north 89 deg. east, 110 feet more or less; thence approximately south 1 deg. east, 1,000 feet more or less crossing Old Jonesboro Road; thence approximately south 89 deg. west, 110 feet more or less; thence approximately south 1 deg. east, 600 feet more or less to the north R/W line of Williamson Street, thence south 89 deg. west along the north R/W line of Williamson Street, 690 feet more or less; thence approximately south 1 deg. east across Robin Road, 1070 feet more or less; thence approximately north 89 deg. east, 800 feet more or less to the west R/W line of College Street; thence in a northeasterly direction along the west R/W line of College Street, 730 feet more or less to the west side of the right of way of Highway 54; thence approximately north 89 deg. east across Highway 54, 150 feet more or less to the east side of the right of way of Highway 54; thence in a southeasterly direction along the east side of the right of way of Highway 54, 1650 feet more or less; thence approximately south 89 deg. west 330 feet more or less; thence approximately south 1 deg. east, 260 feet more or less; thence approximately north 80 deg. east, 400 feet more or less to the intersection of the east side of the right of way of Highway 54 and the west side of the right of way of Old Jonesboro Road; thence in a northerly direction along the west side of Page 3401 the right of way of Old Jonesboro Road, 1920 feet more or less; thence approximately south 89 deg. west, 830 feet more or less to the west R/W line of Thurmond Road; thence in a northeasterly direction along the west R/W line of Thurmond Road, 770 feet more or less to the intersection of the west R/W line of Thurmond Road and the south R/W line of Old Jonesboro Road; thence in a northwesterly direction along the south R/W line of Old Jonesboro Road, 330 feet more or less; thence approximately north 1 deg. west, 880 feet more or less; thence approximately north 89 deg. east, 330 feet more or less; thence approximately south 1 deg. east, 870 feet more or less to the centerline of Thurmond Road; thence north 88 deg. 45 min. west, 850 feet more or less; thence approximately north 18 deg. 30 min. east, 580 feet more or less to the north side of the right of way of Rock Cut Road; thence easterly along the north side of the right of way of Rock Cut Road, 200 feet more or less, thence approximately north 1 deg. west, 1010 feet more or less to the north side of the right of way of Mountain View Road; thence in a northeasterly direction along the north side of the right of way of Mountain View Road, 1330 feet more or less to the east boundary line of land lot 16; thence approximately south 1 deg. east along the east boudary lines of land lots 16 and 17, 1530 feet more or less to the south side of the right of way of Rock Cut Road; thence in a westerly direction along the south side of the right of way of Rock Cut Road, 400 feet more or less; thence approximately south 1 deg. east 625 feet more or less to the south side of the right of way of Rock Springs Street; thence approximately north 89 deg. east, 1640 feet more or less to the east side of the right of way of Rock Cut Road; thence in a southeasterly direction along the east side of the right of way of Rock Cut Road, 240 feet more or less to the intersection of said line with the extension of the southeast side of the right of way of Simpson Road; thence in a southwesterly direction along the southeast side of the right of way of Simpson Road, 2710 feet more or less; thence south 1 deg. east 400 feet more or less; thence approximately north 89 deg. east, 470 Page 3402 feet more or less to the east boundary line of land lot 48; thence approximately south 1 deg. east along the east boundary line of land lot 48, 2050 feet more or less to the north side of the right of way of Watts Road; thence in a northeasterly direction along the north side of the right of way of Watts Road, 1050 feet more or less; thence approximately south 1 deg. east 1900 feet more or less and crossing south boundary of land lot 209; thence approximately south 89 deg. west, 680 feet more or less; thence approximately north 1 deg. west and crossing Bartlett Road, 750 feet more or less; thence south 89 deg. west 1100 feet more or less; thence approximately south 1 deg. east and crossing Bartlett Road; 670 feet more or less to the northeasterly side of the right of way of Highway 54; thence along the northeasterly side of the right of way of Highway 54 in a southeasterly direction, 1490 feet more or less to the east boundary line of land lot 49; thence south 0 deg. 30 min. east along said boundary line, 745 feet more or less to the north side of the right of way of the Central of Georgia Railroad (mainline); thence north 70 deg. 22 min. west along the north side of said right of way line, 843 feet more or less; thence south 0 deg. 30 min. east and crossing South Avenue, 1583 feet more or less to south R/W line of Helen Street; thence south 89 deg. west, 2309 feet more or less to the east boundary line of land lot 79; thence south 1 deg. 15 min. east, along the east boundary line of land lots 79 and 82, 2671 feet more or less; thence south 89 deg. 56 min. west, 344 feet more or less; thence south 20 deg. west, 341 feet more or less; thence south 7 deg. west, 289 feet more or less to the north side of the right of way of Pineridge Road; thence along the north side of the right of way of Pineridge Road in an easterly direction 2250 feet more or less to the west edge of the right of way of Phillips Drive; thence in a southerly direction along the west edge of the right of way of Phillips Drive 1600 feet more or less to the south boundary line of land lot 81; thence south 34 deg. 35 min. west, 914.8 feet more or less; thence south 5 deg. 33 min. west, 1295.3 feet more or less; thence south 88 deg. 48 min. west, 620.3 feet more or Page 3403 less; thence south 36 deg. 11 min. east, 515.4 feet more or less; thence south 24 deg. 12 min. east, 551.7 feet more or less to the south boundary line of land lot 112; thence south 89 deg. 30 min. west, 1096 feet more or less along the south boundary line of land lot 112 to the southwest corner of land lot 112; thence north 0 deg. 30 min. west along the west boundary line of land lot 112, 1350.4 feet more or less; thence north 85 deg. 15 min. west, 330 feet more or less; thence south 0 deg. 30 min. east, 1061 feet more or less; thence south 89 deg. 30 min. west, 762 feet more or less; thence south 0 deg. 30 min. east, 300 feet more or less to the north side of the right of way of Morrow Road; thence in a westerly direction along the north side of the right of way of Morrow Road, 319 feet more or less to the west edge of the right of way of Ash Street; thence in a northerly direction along the west side of the right of way of Ash Street, 1680 feet more or less; thence north 89 deg. 13 min. west, 1400 feet more or less to the west boundary line of land lot 11; thence north 1 deg. 13 min. west along the west boundary line of land lot 111, 1800 feet more or less to the northwest corner of land lot 111; thence north 1 deg. 30 min. west along the west boundary line of land lot 82, 1100 feet more or less; thence in a westerly direction, 200 feet south of and parallel to the south side of the right of way of Cynthia Lane, 2750 feet more or less to the east side of the right of way of Old Highway 41; thence in a northwesterly direction along the east side of the right of way of Old Highway 41, 250 feet more or less to the north side of the right of way of Cynthia Lane; thence in an easterly direction along the north side of the right of way of Cynthia Lane, 460 feet more or less; thence north 1 deg. 30 min. west, 200 feet more or less; thence north 88 deg. 30 min. east, 2340 feet more or less to the west boundary line of land lot 82; thence north 1 deg. 30 min. west along the west boundary line of land lot 82, 870 feet more or less to the south side of the right of way of West Pineridge Road; thence in a westerly direction along the south side of the right of way of West Pineridge Road, 460 feet more or less; thence south 1 deg. 30 min. east, 200 feet more or less; Page 3404 thence south 88 deg. 30 min. west, 2630 feet more or less to the northeasterly side of the right of way of Old Highway 41; thence along the northeasterly side of the right of way of Old Highway 41 in a northwesterly direction, 360 feet more or less to the south side of the right of way of West Pineridge Road; thence along the south side of the right of way of West Pineridge Road in an easterly direction, 650 feet more or less; thence north 0 deg. 30 min. west, 400 feet more or less to the south boundary line of the land lot 78; thence south 89 deg. 30 min. west along the south boundary line of land lot 78, 450 feet more or less to the point of beginning, said point being the southeast corner of land lot 77 and the southwest corner of land lot 78. Paragraph 2. Municipal Authority Over Foregoing Described Property. That all powers and authority of the City of Forest Park under its charter and ordinances and all laws pertaining to said city as a municipality, are hereby extended and made effective in every part of the territory included within the limits above described. The powers and authority of the officers of the city are made co-extensive with the limits as defined and prescribed by the foregoing paragraph; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing the said City of Forest Park, the power of taxing property and of fixing and regulating business; to assess, issue executions for, and in case of default, sell the property upon which the taxes are due, as now prescribed by charter and the laws and ordinances of the City of Forest Park are extended to all the property defined, prescribed, and set forth in the foregoing paragraph. The power of the health department, police department, city tax assessors and receivers, tax collector, marshal, clerk of the city, clerk of the council, building inspector, court recorder, and all other officers, and all agents, and employees of the City of Forest Park, even though not specifically named herein, are extended to the entire area described above as fully and completely as they now exist under the present charter, the laws and ordinances covering the City of Forest Park. Said described property included within the limits which are Page 3405 defined and prescribed in the foregoing paragraph is made subject to all the bonds heretofore issued by the City of Forest Park. Section 3. City Recorder. Be it further enacted by the authority aforesaid, that section 5, Georgia Laws 1952, page 2482, which section was a part of an amendment to the charter of the City of Forest Park, Clayton County, Georgia, be and the same is hereby repealed in its entirety; and the following paragraph is hereby substistuted in lieu thereof: That upon establishment of a recorder's court as provided for in section 4, Georgia Laws 1952, page 2482, it shall be the duty of the mayor and council to annually appoint, by a majority vote of the entire council, a recorder to preside in said court. Such recorder shall be at least thirty (30) years of age and shall have had at least one year of legal practice and experience, and shall have been a citizen of the United States and of the State of Georgia for ten (10) years prior to his appointment, and meet such other qualifications as the mayor and council may prescribe. The recorder of said court shall have the right to designate the dates and times for holding such court. The mayor and council shall set the salary for said recorder and the manner of paying the same out of the general funds of said city. The recorder shall serve during the term for which he has been appointed unless removed for cause by the mayor and council upon a two-thirds vote of the entire council. Section 4. Salaries of Mayor and Council. The salary for the members of the mayor and council shall be set (or the same will remain the same) in November or December of each year by the said governing body before newly elected members take office; said salary to be for the next ensuing year and which shall not be increased during the year for which it was set. However, the present mayor and council shall have the right to set the amount of salary to be received by the governing authority of said city during the year 1958 and may prescribe Page 3406 the manner and time of payment. Section 8, Georgia Laws 1956, page 2049, is hereby expressly repealed. Section 5. Veto Power of Mayor, and Over-riding Veto By Council. Paragraph 1. Within four (4) days after the passage thereof the mayor may veto any resolution, order, ordinance, or other act of the council regardless of whether said mayor was present at the time of its enactment. Paragraph 2. The council may override the veto of any measure or act by a vote of three-fourths (3/4) of its entire membership, to be taken by yeas and nays and entered on the minutes. Section 6. Pensions and Insurance Benefit Programs for Officers and Employees of the City. Paragraph 1. The mayor and council of said city is hereby authorized and empowered to make deductions periodically from the wages or salaries of its employees and officers with which to pay the premium for life, health, accident, hospitalization, or annuity insurance, or all or any kind of such insurance, for the benefit of such officers or employees, upon a group insurance plan, and to that end to enter into agreements with insurance companies whereby the kind of group insurance desired by the employees may be furnished to them and the premiums therefor remitted periodically by said city. Paragraph 2. That the participation in such group insurance by such officers or employees shall be entirely voluntary on the part of such persons at all times. Any officer or employee, upon any payday, may withdraw or retire from such group plan upon giving his employer written notice thereof and directing the discontinuance of deductions from his wages or salary in payment of such plan. Paragraph 3. The mayor and council of said city in carrying out any provision of this section shall have the right to contribute or pay part of the premium due on the coverage afforded its officers or employees in an Page 3407 amount not to exceed fifty per cent (50%) of the amount of said premium being charged for the plan of protection afforded; said payments made by the city shall be paid from the general funds. Section 7. Qualifications for Candidates for Public Office; Oath. Paragraph 1. No person shall be eligible to qualify for or hold the office of mayor or councilman of said city unless he shall have been a resident thereof for a period not less than one (1) year immediately preceding the election in which he is to be a candidate; and shall be a qualified voter in the municipal elections for officers of said city; and shall be a freeholder in said city; and shall qualify as a candidate by filing his name with the city clerk and by giving to the city clerk, in writing, the oath hereinafter prescribed; and shall not be indebted for any tax due said city which is more than twelve (12) months past due. Paragraph 2. Any person desiring to qualify as a candidate for office of mayor or councilman in said city shall take the following written oath, setting forth the information called for therein, which oath shall be kept on file in the city clerk's office: I do solmnly swear that I have resided in the City of Forest Park, Clayton County, Georgia, for a period not less than one (1) year immediately preceeding the election in which I am to be a candidate; further that I am a freeholder in said city, owning property located at (give location of property); further that I am a qualified voter in the municipal elections for officers of the City of Forest Park; further that I am not indebted to the City of Forest Park for any tax which is more than (12) months past due; so help me God. Section 8. Candidate Designating Office; Councilman Residing in Ward From Which Elected; Effect of Councilman Moving From Ward; Special Election or Appointment. Paragraph 1. At the time of qualifying for office of mayor or councilman a candidate shall specify in writing to the city clerk the office which he seeks, Page 3408 and, if qualifying for office of councilman, shall state whether for councilman at large or for a certain designated ward in said city. Paragraph 2. In the event a councilman is elected from a designated ward, and during his term of office removes his residence to another ward in said city, said office so held then and there becomes vacant. Thereafter, it shall be the duty of the mayor and council of said city to appoint a person legally qualified to hold said office from said ward to said office of councilman so vacated, provided a regular election is not more than ninety (90) days in the future from the date the vacancy occurred. In the event a regular election would not occur within ninety (90) days from the date of the said vacancy, then the mayor and council shall call a special election within forty-five (45) days from the date of said vacancy and shall prescribe such additional rules and regulations for holding said special election as it deems necessary and proper under the circumstances. Any person so appointed or elected herein shall fill the unexpired term of the holder of the office so becoming vacant. Paragraph 3. A councilman who qualifies for office on the basis of representing a designated ward in said city shall at that time and at all times while holding office reside in that ward so that each particular geographic section of the said city will have representation on the governing body at all times. Section 9. Defining, Prescribing, and Extending the City Limits of the City of Forest Park. Paragraph 1. Be it enacted further that the corporate limits of the City of Forest Park be changed so that in the event a majority of the qualified voters residing in the area herein described approve of the same in a referendum that the said corporate limits of the City of Forest Park shall be extended so as to include the following described property: Parcel A. Beginning at a point on the north side of the right of way of Mountain View Road, said point Page 3409 being at the intersection of the north side of the right of way of Mountain View Road and the east side of the right of way of Thurmond Road, thence in a westerly direction along the north side of the right of way of Mountain View Road, 1820 feet more or less; thence approximately south 1 deg. east, 270 feet more or less; thence approximately north 89 deg. east, 110 feet more or less; thence approximately south 1 deg. east, 1000 feet more or less; thence approximately south 89 deg. west, 110 feet more or less; thence approximately south 1 deg. east and crossing Old Jonesboro Road, 600 feet more or less; thence south 89 deg. west, 690 feet more or less; thence approximately south 1 deg. east and crossing Robin Road, 1070 feet more or less; thence approximately north 89 deg. east and crossing east boundary of land lot 47, 800 feet more or less to the east R/W line of College Street; thence in a northeasterly direction along the east R/W line of College Street, 730 feet more or less to the west side of the right of way of Highway 54; thence approximately north 89 deg. east across Highway 54, 150 feet more or less to the east side of the right of way of Highway 54; thence in a southeasterly direction along the east side of the right of way of Highway 54, 1650 feet more or less; thence approximately south 89 deg. west, 330 feet more or less; thence approximately south 1 deg. east, 260 feet more or less; thence approximately north 89 deg. east, 400 feet more or less to the intersection of the east side of the right of way of Highway 54 and the west side of the right of way of Old Jonesboro Road; thence in a northerly direction along the west side of the right of way of Old Jonesboro Road, 1920 feet more or less; thence approximately south 89 deg. west, 830 feet more or less to the east R/W line of Thurmond Road; thence in a northeasterly direction along the east R/W line of Thurmond Road, 770 feet more or less to the intersection of the east R/W line of Thurmond Road and the south R/W line of Old Jonesboro Road; thence in a northwesterly direction along the south R/W line of Old Jonesboro Road, 330 feet more or less; thence approximately north 1 deg. west, 880 feet more or less; thence approximately north Page 3410 89 deg. east, 330 feet more or less; thence approximately south 1 deg. east, 870 feet more or less to the centerline of Thurmond Road; thence north 88 deg. 45 min. west, 850 feet more or less; thence approximately north 18 deg. 30 min. east, 530 feet more or less to the north side of the right of way of Rock Cut Road; thence easterly along the north side of the right of way of Rock Cut Road, 200 feet more or less; thence approximately north 1 deg. west, 1010 feet more or less to the north side of the right of way of Mountain View Road; the point of beginning. Paragraph 2. If part, any or all of the aforementioned and aforedescribed properties or tract of property is included in the corporate limits of any other municipality, other than the City of Forest Park, the same is hereby withdrawn from said municipality and hereby included within the City of Forest Park. Further, any act or part of an act heretofore passed which is in conflict with any part of this act is hereby expressly repealed. Paragraph 3. That all powers and authority of the City of Forest Park, under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made coextensive with the limits as defined, prescribed, and extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing the said City of Forest Park, the power of taxing property and of fixing and regulating business; to assess, issue executions for, and in cases of default, sell the property upon which the taxes are due, as now prescribed by charter and the laws and ordinances of the City of Forest Park are extended to all the limits included under the terms of this Act. The power of the health department, police department, city tax assessors and receivers, tax collector, marshal, city clerk, clerk of council, building inspector, court recorder, and all other officers of the City of Forest Park, even though not specifically named herein, are extended to the entire Page 3411 area described above as fully and completely as they now exist within the former limits under the present charter, the laws, and ordinances covering the City of Forest Park. Said described territory which includes additional property not in the former city limits is likewise made subject to all the bonds heretofore issued by the City of Forest Park. Section 10. Conditions and Pre-requisites Prescribed for Annexing Territory Set Out in Section 9. Paragraph 1. The provisions of section 9 of this Act shall be null and void unless approved by a majority of the specified qualified voters in a special election to be held on the date and in the manner hereinafter set out for the aforesaid parcel of property described in section 9. Paragraph 2. The qualified voters residing in said parcel A shall vote in an election, which shall be held on the 12th day of April, 1958, to determine if the territory described as parcel A shall become annexed to the City of Forest Park, and the results of said election (wherein all qualified voters in said aforementioned territory described as parcel A shall be eligible to vote, as hereinafter provided) shall be controlling as to whether said territory shall be annexed to the City of Forest Park. Paragraph 3. It shall be the duty of the Ordinary of Clayton County, Georgia, to prepare a registration list of the qualified voters residing in the territory embraced in the aforementioned territory described as parcel A and described in section 9. Only such voters whose names actually appear on the said prepared registration list shall be eligible to vote in said special election. No person shall be eligible to register with the ordinary unless qualified to vote for members of the General Assembly of the State of Georgia, and each voter must personally appear and swear in writing that such is true and that he or she is a resident of the said territory described above as parcel A effected by the election for which he or she is registering before being allowed to register with the said ordinary. Said election shall be called on the date set forth in paragraph 2 of section 10, conducted Page 3412 and managed by the Ordinary of Clayton County, and the expenses thereof shall be borne by the City of Forest Park. All persons desiring to vote in said special election shall register with the ordinary and shall have the right to register up until ten (10) days before the date thereof. Paragraph 4. The ballots used in said election shall be marked as follows: In favor of annexation of territory to the present city limits of the City of Forest Park. Against annexation of territory to the present city limits of the City of Forest Park. and shall be marked by the voter in the slot to the left by placing an X mark beside his or her preference. The words, Place an `X' mark in slot beside your preference shall be on or near the bottom of the ballots. In the event a majority of the votes are cast in favor of the annexation of territory to the present city limits of the City of Forest Park by those qualified voters residing in the area embraced in parcel A, as set forth and described in section 9, then the entire area so described in parcel A shall be within the corporate limits of the City of Forest Park. The results of the election shall be certified by the ordinary to the Secretary of State of Georgia. If a majority vote in the election is cast against the annexation of the territory to the present city limits of the City of Forest Park, then the said area or parcel of land shall not become annexed to the City of Forest Park. Section 11. That if any clause, sentence, paragraph, section, or part of a section or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder of this Act. Section 12. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Page 3413 Author's Affidavit. State of Georgia, County of Clayton. Personally appeared before me, the undersigned, a notary public, Rex T. Reeves, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks, during a period of sixty (60) immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Forest Park will apply to the session of the General Assembly of Georgia convening in January, 1958, for passage of local legislation to amend an Act entitled An Act to incorporate the Town of Forest Park, in the County of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their election; to provide for the government of said town, and for other purposes, and for other purposes. This 3rd day of January, 1958. Rex T. Reeves, City Attorney, City of Forest Park, Georgia. /s/ Rex T. Reeves, Rex T. Reeves. Page 3414 Sworn to and subscribed before me, this 3rd day of February, 1958. /s/ Betty Jeanne Landers, Notary Public, Georgia, State at Large. My Commission Expires Feb. 1, 1961. (Seal) Publisher's Affidavit. State of Georgia, County of Clayton. Before me, the undersigned, a notary public, this day personally came Jimmy Collins, who, being first duly sworn, according to law, says that he is the owner of the Forest Park Free Press and Clayton County News and Farmer, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 8th day of January, 1958, and once each week thereafter for three consecutive weeks, as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Forest Park will apply to the session of the General Assembly of Georgia convening in January, 1958, for passage of local legislation to amend an Act entitled An Act to incorporate the Town of Forest Park, in the County of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their election; to provide for the government of said town, and for other purposes, and for other purposes. This 3rd day of January, 1958. Rex. T. Reeves, City Attorney, City of Forest Park, Georgia. /s/ Jimmy Collins. Page 3415 Subscribed and sworn to before me, this 3rd day of February, 1958. /s/ Betty Jeanne Landers, Notary Public, Georgia, State at Large. My Commission Expires Feb. 1, 1961. (Seal) Approved March 25, 1958. CITY OF MACONDISPOSITION OF PROPERTY RATIFIED. No. 470 (House Bill No. 685). An Act to ratify and confirm the action of the City of Macon and of the mayor and council thereof in closing, vacating and abandoning a portion of the ten foot alley running through square four in said city and conveying the same to Mrs. Katherine M. Anderson and Peyton Anderson; to ratify and confirm the action of said governing body in granting a permanent easement to said Katherine M. Anderson and Peyton Anderson in the twenty foot alley in said square; to make like grants as the action of the General Assembly; and for other purposes. Whereas, by instrument dated the..... day of May, 1957, the City of Macon did close, vacate and abandon a portion of the ten foot alley running through square four in said city and did convey the same to Peyton Anderson and Mrs. Katherine M. Anderson by deed recorded in deed book 761, folio 465, clerk's office, Bibb Superior Court; and, Whereas, by instrument dated October 2, 1957, said city did grant unto the said Katherine M. and Peyton Anderson a five foot easement in the twenty foot alley running through said square for the purpose of laying foundations for a building, said easement being duly Page 3416 recorded in deed book 761, folio 469, clerk's office, Bibb Superior Court; and Whereas, both of said instruments are hereby referred to for a more particular description of the action taken by said City and the property thereby conveyed. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. The action of the City of Macon and of the mayor and council in executing and delivering the above described instruments is hereby ratified and confirmed and made the action of the General Assembly of Georgia. Section 2. That portion of the ten foot alley running through said square which commences at the northeast line of the twenty foot alley running through said square and extends northeast for a distance of one hundred feet, is hereby vacated, closed and abandoned and the title thereto is vested in the said Mrs. Katherine M. Anderson and Peyton Anderson. Section 3. There is hereby conveyed a perpetual easement five feet in width running along the northeasterly side of the twenty foot alley, and extending for the entire length of the said twenty foot alley from Broadway to Fifth Street, said easement being granted to Mrs. Katherine M. Anderson and Peyton Anderson for the purpose of laying foundations for a building to be constructed adjacent to said twenty foot alley. Section 4. Evidence of advertisement required by the Constitution of Georgia is hereto annexed and made a part hereof. Georgia, Bibb 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, Page 3417 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 20 and December 27, both in the year 1957, and on January 3, 1958, and as further evidenced by the within and attached newspaper clipping and affidavit. /s/ J. Douglas Carlisle. Sworn to and subscribed before me, this 11 day of January, 1958. /s/ R. H. Fincher, Notary Public, Ga., Bibb County. (Seal) State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Virginia Royal 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: December 20, 1957, December 27, 1957, January 3, 1958. /s/ Virginia Royal. Sworn to and subscribed to before me, this 3rd day of January, 1958. /s/ Anna J. Harris, Notary Public, Bibb County, Georgia. (Seal) To Whom it May Concern: Notice is hereby given that the undersigned will apply to the 1958 session of the General Assembly of Georgia for the passage of the following bill, to-wit: Page 3418 An Act to ratify and confirm the action of the City of Macon and of the mayor and council thereof in closing, vacating and abandoning a portion of the ten foot alley running through Square four in said city and conveying the same to Mrs. Katherine M. Anderson and Peyton Anderson; and to ratify and confirm the action of said governing body in granting a permanent easement to said Katherine M. Anderson and Peyton Anderson in the twenty foot alley in said square; to make like grants as the action of the General Assembly; and for other purposes. This notice is given pursuant to Paragraph XV, Sec. VII, Article III of the Constitution of the State of Georgia of 1945 as amended (Ga. Code Ann. 2-1915). Mrs. Katherine M. Anderson, Peyton Anderson. Sell Comer, Attorneys. Approved March 25, 1958. LANIER COUNTYCOMPENSATION OF COMMISSIONERS. No. 473 (House Bill No. 814). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Lanier, approved March 7, 1933 (Ga. L. 1933, p. 302), as amended, particularly by an Act approved March 27, 1937 (Ga. L. 1937, p. 1358) and an Act approved March 27, 1941 (Ga. L. 1941, p. 899), so as to change the compensation of the chairman and the members of said board; torepeal conflicting laws; and for other purposes. Page 3419 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 Lanier, approved March 7, 1933 (Ga. L. 1933, p. 302), as amended, particularly by an Act approved March 27, 1937 (Ga. L. 1937, p. 1358) and an Act approved March 27, 1941 (Ga. L. 1941, p. 899) is amended by striking from section 16 thereof the figures, $20.00, and inserting in lieu thereof the figures, $60.00, and by striking from said section the figures, $15.00, and inserting in lieu thereof the figures, $50.00, so that said section, as amended hereby, shall read as follows: Section 16. The salary of the chairman of said board shall be $60.00 per month and the salary of the members of said board shall be $50.00 per month, all of which said salaries shall be paid monthly out of the general funds of 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 1958 session of the General Assembly of Georgia, a bill to change the compensation of the commissioners of roads and revenues of Lanier County; and for other purposes. This 6th day of January, 1958. Warren S. Moorman, Representative, Lanier County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren S. Moorman, who, on oath, deposes and says that he is Representative from Lanier County, and that the attached Page 3420 copy of notice of intention to introduce local legislation was published in the Lanier County News which is the official organ of said county, on the following dates: January 9, 16, 23, 1958. /s/ Warren S. Moorman, Representative, Lanier County. Sworn to and subscribed before me, this 27th day of January, 1958. /s/ G. Hughel Harrison, Notary Public, Georgia, State at Large. My Commission Expires April 30, 1961. (Seal) Approved March 25, 1958. TAX COMMISSIONERS NOT REQUIRED TO MAKE ROUNDS IN CERTAIN COUNTIES. No. 475 (House Bill No. 744). An Act to provide that in all counties having a population of not less than 6,950 nor more than 7,000, according to the 1950 United States census or any future such census, the tax commissioner shall not be required to make the rounds required of the tax receiver and the tax collector; 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 6,950 nor more than 7,000, according to the 1950 United States census or any future such census, the tax commissioner shall not be required to make the rounds required of the tax receiver and the tax collector in the performance of his duties. Where applicable. Page 3421 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1958. ATTENDANCE OF WITNESSES TO COURTCOMPENSATION OF LAW ENFORCEMENT OFFICERS IN COUNTIES OF 300,000 OR MORE. Code 38-1501 Amended. No. 477 (House Bill No. 699). An Act to amend the Code of Georgia of 1933, section 38-1501 pertaining to the attendance of witnesses and the fees therefor, to provide for payment of fees by the State to any sheriff, deputy sheriff or member of any municipal or county police force attending any superior court, other State, or county court having jurisdiction to enforce penal laws of this State or grand jury in counties having a population of 300,000 or more according to the United States census of 1940 or any future census, as amended by an Act approved February 25, 1949, (Ga. L. 1949, pp. 1365 and 1366), 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 section 1 of Code section 38-1501 of 1933 Code of Georgia as amended by an Act approved February 25, 1949, (Ga. L. 1949, pp. 1365 and 1366), be and the same is hereby amended by striking from said section two ($2.00) dollars whenever it appears and substituting in lieu thereof four ($4.00) dollars so that said section when amended will read as follows: Section 1. The Code of Georgia of 1933, section 38-1501 is hereby amended by adding the following language Page 3422 thereto: Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or county court having jurisdiction to enforce penal laws of this State, or grand jury, in counties having a population of 300,000 or more according to the United States census of 1940 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of four ($4.00) dollars per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor-general or the solicitor of the court attended, and the amount due shall be paid out of county funds, provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day, so that said section 38-1501 as amended shall read: When the attendance of any person resident in the county shall be required as a witness in any court, the clerk of such court (or, if there be no clerk, the presiding judge or justice) shall, on application, issue a writ of subpoena, directed to such person, requiring him to appear and testify in the case stated, and at the time stated, such subpoena shall be served on the witness personally by any person capable of proving the same at least one day before the trial of the cause. The witness so summoned shall attend the court from term to term until the case is tried. If there be an appeal or new trial, notice of the fact, without a new subpoena, shall be sufficient to require the attendance of the witness. The witness fee shall be 75 cents per diem; provided, however, that any sheriff, deputy sheriff or a Page 3423 member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other State or county court having jurisdiction to enforce penal laws of this State, or grand jury, in counties having a population of 300,000 or more according to the United States census of 1940 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of four ($4.00) dollars per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the solicitor-general or the solicitor of the court attended, and the amount due shall be paid out of county funds; provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 25, 1958. STEPHENS COUNTYQUALIFICATION FEE FOR COMMISSIONER CANDIDATES. No. 480 (House Bill No. 1167). An Act to amend an Act creating a board of commissioners of roads and revenues in the County of Stephens, approved March 22, 1937 (Ga. L. 1937, p. 1415), as amended, by an Act approved February 6, 1952 (Ga. L. 1952, p. 2213), so as to provide a qualification fee for candidates for commissioner at any regular or special election; to repeal conflicting laws; and for other purposes. Page 3424 Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues in the County of Stephens, approved March 22, 1937 (Ga. L. 1937, p. 1415), as amended, by an Act approved February 6, 1952 (Ga. L. 1952, p. 2213), is hereby amended by inserting a new section to be numbered section 18A to read: Section 18A. All candidates for commissioner at any regular or special election at the time of signifying their intention of becoming a candidate for such office by registering their name with the ordinary of Stephens County shall pay to the ordinary for the use and benefit of Stephens County a registration fee of $100. No person shall be eligible to be elected commissioner at any such election unless he shall have paid the registration fee herein provided. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Stephens County. Personally appeared before me a notary public, the undersigned Robert W. Graves, Sr., who on oath says that he is editor of The Toccoa Record, a newspaper published in the City of Toccoa, being of general circulation and being the legal organ for said County of Stephens, 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 two weeks; said dates of publication being as follows: January 30, 1958, February 6, 1958, and same will be published on February 13, 1958. /s/ Robt. W. Graves, Sr. Page 3425 Sworn to and subscribed before me, this 7th day of February, 1958. /s/ Ollie Mae Stowe, Notary Public, Georgia. My Com. expires 12/27/61. (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given of my intention to introduce local legislation at the 1958 session of the Georgia General Assembly so as to amend an Act creating the board of commissioners of roads and revenues of Stephens County, Georgia, (Ga. L. of 1937, p. 1415), so as to provide that any person qualifying as a candidate for the office of commissioner of the board of commissioners of roads and revenue of Stephens County, Georgia shall pay an entrance fee of $100.00, to repeal conflicting laws and for other purposes. Frank L. Gross, Representative, Stephens County, Ga. 1-30-3t An Act to amend an Act creating a board of commissioners of roads and revenues in the County of Stephens, approved March 22, 1937 (Ga. L. 1937, p. 1415), as amended, by an Act approved February 6, 1952 (Ga. L. 1952, p. 2213), so as to provide a qualification fee for candidates for commissioner at any regular or special election; to repeal conflicting laws; and for other purposes. Personally before me, the undersigned officer authorized by the laws of the State of Georgia to administer oaths, appeared Frank L. Gross, who first being duly sworn deposes and says: That the attached and foregoing notice of local legislation was published in the Toccoa Record, the official organ for Stephens County, Georgia, and the newspaper in which the sheriff's advertisements Page 3426 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 by deponent, all as provided by law. This affidavit is made by deponent who is the author 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/ Frank L. Gross, Frank L. Gross, Representative, Stephens County, Georgia. Sworn to and subscribed before me, this 17 day of Feb., 1958. /s/ Frances Y. Read, N. P. Fulton Co. Approved March 25, 1958. CITY OF ADAIRSVILLENAME CHANGED FROM TOWN OF ADAIRSVILLE. No. 482 (House Bill No. 619). An Act to amend an Act incorporating the Town of Adairsville, which Act may be found in Georgia Laws 1953-54, page 224, as amended, so as to change the designation of the Town of Adairsville to the City of Adairsville; 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 Adairsville (Ga. L. 1853-54, p. 224), as amended, is hereby amended by striking all references to the Town of Adairsville, wherever they appear in said Act and the amendments Page 3427 thereto, and inserting in lieu thereof City of Adairsville, so that from and after the passage of this Act the Town of Adairsville shall henceforth be known as and designated as the City of Adairsville. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that legislation will be introduced during January 1957 Session of General Assembly of Georgia for the purpose of changing the name of the Town of Adairsville, to that of the City of Adairsville; and for other purposes. This the 29th day January, 1957. /s/ W. H. Bradley. /s/ W. B. Greene. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. H. Bradley W. B. Greene, who, on oath, deposes and says that they are Representatives from Bartow County, and that the attached copy of notice of intention to introduce local legislation was published in the Tribune News and The Bartow Herald which constitutes the official organ of said county on the following dates: January 31, 1957; Feb. 7, 1957; and February 14, 1957. /s/ W. H. Bradley, /s/ W. B. Greene, Representatives, Bartow County. Sworn to and subscribed before me, this 19 day of February, 1957. /s/ Jeanne Moon, Notary Public. Approved March 25, 1958. Page 3428 IRWIN COUNTYELECTION OF COMMISSIONERS. No. 484 (House Bill No. 817). An Act to amend 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, so as to provide for the election and qualifications of such 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 the County of Irwin, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, is amended by inserting at the end of section 1 thereof the words, Said commissioners shall be qualified voters of said county, and no two members shall be elected from the same community or vicinity, but shall reside not less than four miles distant from each other, so that said section shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a board of commissioners of roads and revenues for the County of Irwin, consisting of three members from the county at large, is hereby created. Said commissioners shall be qualified voters of said county, and no two members shall be elected from the same community or vicinity, but shall reside not less than four miles distant from each other. Residence. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1958. Page 3429 APPELLATE COURTS SUPREME COURT OF GEORGIA HON. W. H. DUCKWORTH Chief Justice HON. LEE B. WYATT Presiding Justice HON. T. GRADY HEAD Associate Justice HON. T. S. CANDLER Associate Justice HON. J. H. HAWKINS Associate Justice HON. BOND ALMAND Associate Justice HON. CARLTON MOBLEY Associate Justice ROBERT H. BRINSON, JR. Law Assistant T. E. DUNCAN Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. EFFIE A. MAHAN Law Assistant L. HAROLD GLORE Law Assistant HARRY P. HALL, JR. Law Assistant J. GRIFFIN PATRICK, JR. Law Assistant MISS KATHARINE C. BLECKLEY Clerk HENRY H. COBB Deputy Clerk ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter A. BROADDUS ESTES Sheriff COURT OF APPEALS OF GEORGIA HON. JULE W. FELTON Chief Judge HON. B. C. GARDNER Presiding Judge HON. J. M. C. TOWNSEND Judge HON. IRA CARLISLE Judge HON. JOSEPH D. QUILLIAN Judge HON. H. E. NICHOLS Judge M. ROSCOE LOWERY Law Assistant MRS. GLADYS T. MEDLOCK Law Assistant MRS. ALFREDDA WILKERSON Law Assistant H. GRADY ALMAND Law Assistant KELLEY QUILLIAN Law Assistant BEN ESTES Law Assistant MORGAN THOMAS Clerk RALPH CARLISLE Deputy Clerk MISS EDNA E. BENNETT Special Deputy Clerk ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter J. I. GUICE Sheriff Page 3430 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 3431 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 3432 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. JEFFERSON L. DAVIS, Judge, Cartersville. 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 3433 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 3434 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. Note: Effective May 31, 1958. TreutlenThird Mondays in February and August. 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 second and third Mondays in 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 3435 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. ChattoogaSecond Mondays in January, April, July and October. DadeThird Mondays in March, June and September, and second Monday in December. 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 3436 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. CAREY SKELTON, Judge, Hartwell. CLETE D. JOHNSON, Solicitor-General, Carnesville. 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 3437 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. J. 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. WheelerSecond Mondays in February and October, and third Monday in June. OGEECHEE CIRCUIT. HON. J. L. RENFORE, 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 3438 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 3439 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, July, and October. PauldingSecond Monday in February, and first Mondays in May, August, and November. PolkFourth Mondays in February and August. Page 3440 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 3441 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 3442 TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Albany-Dougherty County Development Authority 444 Atkinson County School Superintendent 439 Bacon County Board of Education 474 Baldwin County, tax for promoting industry 464 Bartow County School Superintendent 495 Bibb County, authority to General Assembly 497 Brunswick Port Authority 158 Carroll County Rescue Squad 459 Catoosa County Board of Tax Administrators 592 Chatham County School Tax 538 Chattahoochee County Board of Education 603 Clayton CountyElection of School Superintendent 3 Clayton County School Bonds 430 Clarke County, fire, water, sanitation and sewerage districts 606 Colquitt County, occupation taxes 567 Counties, municipalities, etc., may issue revenue anticipation obligations to purchase transit equipment 503 DeKalb County, assessment for garbage disposal 547 DeKalb County, power to enact ordinances, issue business licenses and create a recorder's court 582 DeKalb County to have authority to install and maintain storm sewers and street lights 485 Douglas County bonded debt limit 598 East Point, City ofoff-street parking facilities 493 East Point, City ofUse of tax funds 529 Elbert County Board of Education 717 Eradication of boll weevil, payment of $100,000.00 authorized for practical method 507 Establishment of Colleges by Political subdivisions 513 Fraternity and sorority properties exempt from taxation in certain cases 611 Gilmer County Board of Education 469 Glynn County tax assessor 250 Grady County taxes 248 Hall County Board of Education 517 Hall County Fire protection districts 589 Henry County Board of Education 436 Houston County Board of Education 599 Judges Emeritus of Atlanta Judicial Circuit 540 Justices Emeritus of Supreme Court and Judges Emeritus of Court of Appeals may preside over other courts 491 Liberty County Industrial Authority 472 Lowndes County Board of Education 448 Lumpkin County, amount of bonded indebtedness 544 Macon, City ofSafety of buildings 482 Marietta, City ofBoard of Lights and Waterworks 425 Page 3443 Pickens County Board of Education 455 Pierce County Board of Education 557 Polk County, bonded indebtedness 609 Schley County Board of Education 511 Scholarships for prospective teachers 432 Seminole County, tax for promoting industry 466 Spalding County, justice courts abolished, other courts created 526 State Education Medical Board 478 Stewart County Board of Education 253 Tax Levy for school lunch programs 428 Tax to pay costs of ordinaries retirement fund 565 Tax to support school lunch programs 563 Taxation to support Peace Officers Annuity and Benefit Fund 515 Terrell County Development Authority 149 533 TiftonTift County Development Authority 415 Turner County Board of Education 570 Washington County Board of Education 576 Wayne County Board of Education 549 Wilkes County Board of Education 460 MEMORIALS AND REQUESTS TO CONGRESS Handling of Federal Soil Bank Program 521 Investigation urged of policies of United States Forest Service 434 Proposed Cut in Armed Forces Protested 554 Protesting proposed cut in strength of National Guard 525 Repeal of excise tax on transportation of passengers and freight urged 574 Tobacco Acreage Allotments 9 CODE SECTIONS 13-2023AmendedBanks and Banking, investments 133 Ann. 16-433AmendedBuilding and Loan Associations 620 Ann. 22-1860AmendedCorporations, meetings 653 23-407AmendedCompensation to surveyors and helpers when surveying disputed county lines 633 23-924AmendedCounty manager form of government 327 24-820AmendedConstables fees 195 24-1601AmendedJustices of the peacefees 201 24-1716AmendedFees of ordinaries 354 24-1804AmendedFiling of wills by persons still in life 354 24-2104AmendedOffice hours of ordinaries 631 24-2625AmendedJudges pro hac vice 295 24-2626AmendedJudges of superior courts emeritus 295 24-3406AmendedCosts in divorce actions 398 27-501AmendedFees for criminal bonds 120 30-107AmendedJurisdiction of divorce actions 385 30-113AmendedDivorce and alimony actions 315 32-1003AmendedCounty school superintedents 635 38-711Legislative intent expressed, a resolution 542 Page 3444 38-1501AmendedWitness fees to law enforcement officers in counties of 300,000 or more persons 3421 42-513RepealedDairy manufacturing plants 311 46-208AmendedWages exempt from garnishment 335 46-301AEnactedGarnishment 218 Title 49AmendedGuardian and ward 673 49-212RepealedGuardian and ward 673 49-316AmendedGuardians to act as administrators of estates 377 49-701AmendedCustody and distribution of funds of minors and insane persons by ordinaries 650 53-202AmendedMarriage licenses 214 56-403AmendedLicensing of insurance companies 614 56-601AmendedVenue of actions against insurance companies 114 56-816AEnactedRefund of insurance premiums in certain cases 236 66-103AmendedWages due deceased persons 641 68-602AmendedMotor common carriers 688 69-101 thru 69-104RepealedMunicipal corporations 200 73-222AmendedBranding of petroleum products 618 78-216AmendedPensions to widows of Confederate Veterans 632 81-206AmendedDivorce and alimony actions 315 81-207AmendedDivorce and alimony actions 315 81-207.1AmendedDivorce and alimony actions 315 81-1003AmendedDivorce and alimony actions 315 81-1506AmendedDivorce and alimony actions 315 84-201, 84-211AmendedState Board of Accountancy 216 84-507AmendingPractice of Chiropractic 6 84-601 thru 84-611AmendedPodiatry 174 84-713AmendedBoard of Dental examiners 113 84-1422EnactedReal Estate brokers and salesmen 24 84-1424AmendedUse of injunctions to enforce real estate laws 334 Ann. 84-927AmendedPractice of medicine by aliens 619 84-9906AmendedPodiatry 174 92-1403AmendedTime for filing application for tax refunds 612 92-1406AmendedBonds of motor fuel distributors 207 92-3119AmendedLong term capital gains 617 92-3201Committee to study income tax law 422 92-3701AmendedTax for school lunch program 370 92-4101 thru 92-4104AmendedNot applicable to City of Blue Ridge 234 92-4101 thru 92-4104AmendedNot applicable to Town of Flowery Branch 2675 92-4611AmendedTax receivers not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3192 92-4901AmendedTax collectors not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3081 Page 3445 92-6502AmendedRefunds to taxpayers 219 92-6503, 92-6504RepealedRefunds to taxpayers 219 92-6912AmendedArbitration of tax assessments 387 92-6913AmendedPenalty for failure to return property for taxation in counties of 300,000 or more 3018 99-604AmendedOld age assistance 307 102-102AmendedTime of performance of privilege or duty 388 Title 113AmendedWills and administration of estates 657 114-101AmendedWorkmen's Compensation, counties included as employers 183 114-406AmendedWorkmen's Compensation, loss of hearing 360 COURTS SUPREME COURT Justices Emeritus may preside over other courts, proposed amendment to the Constitution 491 Service by justices emeritus 318 COURT OF APPEALS Judges Emeritus may preside over other courts, proposed amendment to the Constitution 491 Service by judges emeritus 318 Social Security coverage for judges 235 SUPERIOR COURTS Alapaha Judicial Circuit; compensation of solicitor-general 352 Atlanta Judicial Circuit; compensation of solicitor-general 129 Atlanta Judicial Circuit; judges emeritus, proposed amendment to the Constitution 540 Blue Ridge Judicial Circuit; compensation of solicitor-general 137 Cherokee Judicial Circuit; compensation of solicitor-general 122 Cobb Judicial Circuit; salary of solicitor-general 233 Dublin Judicial Circuit; compensation of solicitor-general 325 Dublin Judicial Circuit; Truetlen County included 125 Fayette; terms 15 Fulton; compensation of judges 89 Griffin Judicial Circuit; salary of official court reporter 368 Hall; law books 3254 Haralson; terms 407 Judges pro hac vice, judges emeritus may serve as 295 Middle Judicial Circuit; compensation of solicitor-general 225 Oconee Judicial Circuit; salary of solicitor-general 320 Oconee Judicial Circuit; Treutlen County excluded 125 Recording of interests in land 413 Rome Judicial Circuit; grand jury terms 182 Service of judges emeritus 318 Social Security coverage for solicitors-general and superior court judges 172 Page 3446 Solicitors-general in counties of over 300,000 may appoint investigators 194 Solicitors-general retirement act amended 163 Tallapoosa Judicial Circuit; terms of Haralson County Superior Court 407 Waycross Judicial Circuit; compensation of official court reporter 170 CITY COURTS Albany; judge's salary 2926 Athens; grand jury indictments 2709 Blackshear; judge's salary 2736 Camilla; compensation of judge and solicitor 2653 Jesup; rules, salaries, terms, costs, etc. 2525 Judges pro hac vice, judges emeritus may serve as 295 Leesburg; qualifications of judge and solicitor 2075 Ludowici; salaries, rules, etc. 2532 Macon; deputy clerks 2588 Richmond; compensation of judge and solicitor 2248 Sandersville; court costs 3173 Savannah; compensation of clerk 2383 Soperton; compensation of judge and solicitor 2748 Statesboro; costs, terms, rules 2750 Stephens County; terms 2701 Walker County; judge's salary, jurors 2536 CIVIL COURTS DeKalb; name changed to Civil and Criminal Court of DeKalb County, procedure, salaries, etc. 2519 Fulton; chief deputy clerk and chief deputy marshal 2739 Fulton; sales of personal property 2323 COUNTY COURTS Atkinson County; created 3178 Clinch; compensation of judge and solicitor 2080 CRIMINAL COURTS DeKalb; name changed to Civil and Criminal Court of DeKalb County, procedure, salaries, etc. 2519 Fulton; clerk and deputy clerks 2257 JUVENILE COURTS Juvenile Court Act amended 395 MUNICIPAL COURTS Augusta; judge's secretary 2555 Savannah; salary of chief judge 2647 Page 3447 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Atkinson; compensation of commissioners 2070 Atkinson; compensation of tax commissioner 2062 Atkinson; school superintendent, proposed amendment to the Constitution 439 Bacon; board of education, proposed amendment to the Constitution 474 Bacon; primary elections 2622 Baker; board of education 2814 Baker; compensation of commissioners and commissioners' clerk 3026 Baldwin; board of commissioners 3302 Baldwin; chairman of county commissioners 2704 Baldwin; county police force 2473 Baldwin; tax for promoting industry, proposed amendment to the Constitution 464 Barrow; Winder-Barrow County Airport Authority 3087 Bartow; commissioner of roads and revenues 2984 Bartow; compensation of commissioners' clerk 2116 Bartow; office of tax commissioner created 2683 Bartow; officers placed on salaries 2866 Bartow; school superintendent, proposed amendment to the Constitution 495 Bibb; authority to General Assembly, proposed amendment to the Constitution 497 Bleckley; compensation of ordinary 3122 Bulloch; compensation of clerks of the superior court and their assistants in certain counties (1937 Act amended) 2715 Calhoun; compensation of commissioners 2078 Camden; compensation of tax receiver 2103 Carroll; rescue squad, proposed amendment to the Constitution 459 Catoosa; board of tax administrators, proposed amendment to the Constitution 592 Catoosa; county commissioner 2716 Chatham; compensation of ordinary 2529 Chatham; compensation of tax commissioner 2591 Chatham; school tax, proposed amendment to the Constitution 538 Chatham; streets, sidewalks, etc. 2045 Chattahoochee; board of education; proposed amendment to the Constitution 603 Chattahoochee; sheriff's compensation 2554 Cherokee; notice of intention to construct buildings 2467 Cherokee; Water Authority members 2359 Clarke; commissioners' compensation 2823 Clarke; fire, water, sanitation, and sewerage districts; proposed amendment to the Constitution 606 Clayton; commissioners of roads and revenues 3118 Clayton; compensation of chief deputy sheriff 2123 Clayton; coroner's compensation 2694 Page 3448 Clayton; school bonds, proposed amendment to the Constitution 430 Clayton; school superintendentproposed amendment to the Constitution 3 Clayton; tax commissioner's duties 2109 Cobb; compensation of deputy sheriffs 3375 Cobb; compensation of sheriff and deputies 3360 Cobb; Recreation Authority 2004 Colquitt; occupation taxes, proposed amendment to the Constitution 567 Dade; clerical employees for tax commissioner 2630 Dade; Water Authority 3260 Dawson; tax commissioner's compensation 3021 DeKalb; assessment for garbage disposal, proposed amendment to the Constitution 547 DeKalb; compensation of officers 2673 DeKalb; election of school board members 2357 DeKalb; ordinaries, business licenses, recorder's court, proposed amendment to the Constitution 582 DeKalb; pension system Act amended 2563 DeKalb; storm sewers, street lights, proposed amendment to the Constitution 485 Dodge; board of commissioners of roads and revenues 2207 Dodge; commissioner's clerk 3130 Dodge; compensation of clerk to tax commissioner 2216 Dodge; compensation of ordinary 3066 Dodge; law book to clerk of superior court 3233 Dougherty; Albany-Dougherty Payroll Development Authority, proposed amendment to the Constitution 444 Dougherty; Albany-Dougherty Payroll Development Authority, created 2870 Douglas; bonded debt limit, proposed amendment to the Constitution 598 Douglas; zoning Act repealed 3216 Elbert; board of education, proposed amendment to the Constitution 747 Evans; compensation of ordinary 2039 Fannin; compensation of commissioner and clerk of commissioner 2850 Floyd; employees of clerk of superior court and sheriff 2252 Floyd; tax commissioner's assistants 2318 Forsyth; compensation of commissioners of roads and revenues 2435 Forsyth; compensation of sheriff and clerk of superior court 2362 Forsyth; salary of tax commissioner 2414 Fulton; Atlanta-Fulton County Education Commission created 2842 Fulton; board of education employee's retirement fund Act amended 2754 Fulton; civil service board 2760 Fulton; employees' retirement Act amended 2863 Fulton; employee's retirement system 2719 Page 3449 Fulton; Fulton County-City of Atlanta Pension Study Commission 3242 Gilmer; board of education, proposed amendment to the Constitution 469 Gilmer; terms of commissioners 2068 Glynn; tax assessor, proposed amendment to the Constitution 250 Gordon; fire protection district 2119 Gordon; sheriff's compensation 2121 Grady; taxes, proposed amendment to the Constitution 248 Greene; commissioners 2205 Hall; board of education, proposed amendment to the Constitution 517 Hall; fire protection districts, proposed amendment to the Constitution 589 Hall; law books to superior court 3254 Haralson; compensation of commissioner of roads and revenues 2409 Haralson; office of tax commissioner created 2917 Henry; board of education, proposed amendment to the Constitution 436 Henry; compensation of board of education 2920 Henry; fee system abolished 3127 Houston; board of commissioners 2574 Houston; board of education, proposed amendment to the Constitution 599 Irwin; election of commissioners 3428 Jasper; compensation of county treasurer 2350 Jasper; law books to ordinary 3241 Jeff Davis; land conveyance to board of education 458 Jeff Davis; board of commissioners of roads and revenues 3288 Jefferson; investigation of school conditions 2488 Johnson; compensation of commissioner 2911 Jones; expenses of county commissioners 2648 Lanier; compensation of commissioners 3418 Lee; compensation of ordinary 2118 Liberty; Industrial Authority, proposed amendment to the Constitution 472 Long; compensation of ordinary 2471 Lowndes; board of education, proposed amendment to the Constitution 448 Lumpkin; bounded debt, proposed amendment to the Constitution 544 Lumpkin; investigation of school conditions 2488 Lumpkin; tax commissioner's slary 2928 Mitchell; commissioners' salaries 2040 Morgan; compensation of commissioners 2913 Murray; clerk of board of roads and revenues 2072 Murray; streets abandoned 2530 Muscogee; Columbus-Muscogee County Planning Commission 2331 Muscogee; pension funds 2579 Oconee; commissioners' compensation 2213 Page 3450 Paulding; coroner's compensation 2989 Pickens; board of education, proposed amendment to the Constitution 455 Pierce; board of education, proposed amendment to the Constitution 557 Polk; bonded indebtedness, proposed amendment to the Constitution 609 Polk; compensation of coroner 2656 Polk; county attorney 3364 Polk; travel expenses of chairman of county commissioners 3387 Pulaski; office of tax commissioner created 2826 Richmond; purchase and sale of supplies and materials 2986 Schley; board of education, proposed amendment to the Constitution 511 Seminole; tax for promoting industry, proposed amendment to the Constitution 466 Spalding; justice courts abolished, other courts created, proposed amendment to the Constitution 526 Stephens; compensation of commissioners of roads and revenues 2418 Stephens; qualification fee for commissioner candidates 3423 Stewart; board of education, proposed amendment to the Constitution 253 Stewart; deputy commissioner of roads and revenues 2436 Sumter; employees' pension plan amended 2083 Telfair; land conveyance authorized 161 Terrell; Development Authority, proposed amendment to the Constitution 149 533 Tift; Tifton-Tift County Development Authority, proposed amendment to the Constitution 415 Toombs; employment of certified public accountant 3202 Troup; board of commissioners of roads and revenues 3068 Turner; board of education, proposed amendment to the Constitution 570 Walton; board of commissioners 2096 Ware; use of voting machines 2500 Warren; law books to clerk of superior court 3237 Washington; board of education, proposed amendment to the Constitution 576 Wayne; board of education, proposed amendment to the Constitution 549 White; commissioners of roads and revenues 3224 Wilkes; board of commissioners 2091 Wilkes; board of education, proposed amendment to the Constitution 460 COUNTIES AND COUNTY MATTERSBY POPULATION. Additional compensation to sheriffs in counties of not less than 4,520 and not more than 4,820 population 2892 Page 3451 Appointment of tax assessors in counties of not less than 29,050 and not more than 30,275 population 2049 Boards of electrical examiners in counties of not less than 22,650 and not more than 23,450 population 3042 Clerk to Commissioner of roads and revenues in counties of not less than 9,135 and not more than 9,210 population 2327 Compensation of clerk of the superior court and their assistants in certain counties, [Bulloch], 1937 Act amended 2715 Compensation of coroners in counties having not less than 115,000 and not more than 119,900 persons 3384 Compensation of members of county boards of education in counties not less than 2,952 and not more than 2,962 population 2376 Compensation of sheriffs in counties not less than 34,500 and not more than 36,500 persons 2251 Compensation of tax Commissioner in counties of not less than 9,135 and not more than 9,210 persons 2327 Coroners' compensation in counties of not less than 108,000 and not more than 112,000 population 3079 Costs in small claims courts in counties of not less than 33,500 and not more than 33,990 population 2925 Counties having population of not less than 39,000 and not more than 43,000 authorized to license auctions and auction houses 3317 County boards of tax assessors in counties of not less than 30,500 and not more than 31,000 population 2572 Employees of ordinaries of all counties having a population of not less than 108,000 and not more than 114,000 persons 3389 Expense accounts for county commissioners in counties of not less than 4,050 and not more than 4,500 population 2706 Fees to peace officers as witnesses in counties of 300,000 or more population; Code 38-1501 amended 3421 Joint city-county boards of tax assessors in counties having within its borders all or the greater part of 300,000 or more persons 3390 Legal hours for commercial fishing in counties of not less than 7,320 and not more than 7,620 population 2695 Penalty for failure to return property for taxation in counties of 300,000 or more persons 3018 Planning and Zoning Commissions in counties of not less than 108,000 and not more than 112,000 persons, 1951 Act amended 2317 Plumbing installations regulated in counties of not less than 22,700 and not more than 23,000 persons 3092 Primary election in counties of not less than 29,050 and not more than 30,250 persons 2043 Small Claims Courts in counties of not less than 18,923 and not more than 18,996 persons 2298 Solicitors-general in counties of over 300,000 persons may appoint investigators 194 Page 3452 Tax collectors not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3081 Tax commissioners not required to make rounds in counties of not less than 6,950 and not more than 7,000 persons 3420 Tax on pin ball machines in counties of not less than 20,300 and not more than 20,900 persons 121 Tax receivers not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3192 Voters' registration Act amended as to counties having within their borders municipalities having a population of 300,000 or more persons 3231 Warm Air Heating Contractors Act applicable in counties of over 60,000 population 133 Warm Air Heating Contractors Act applicable in counties of not less than 62,850 and not more than 108,000 population 627 Zoning and planning boards in cities anl counties having population of more than 300,000 persons 3385 MUNICIPAL CORPORATIONSNAMED CITIES. Acworth; corporate limits 2420 Adairsville; name changed to City of Adairsville 3426 Adel; corporate limits 2342 Albany; Albany-Dougherty County Development Authority, proposed amendment to the Constitution 444 Albany; Albany-Dougherty County Payroll Development Authority, created 2870 Albany; charter amended 2427 , 2430 , 2649 Albany; corporate limits, wards 3045 Albany; revocation of licenses 2377 Alma; alley abandoned 2377 Alma; corporate limits 3378 Atlanta; Atlanta-Fulton County Educational Commission created 2842 Atlanta; charter amended 2051 , 2328 Atlanta; corporate limits 2561 , 3276 Atlanta; employees 2592 Atlanta; Fulton County-City of Atlanta Pension Study Commission 3242 Augusta; corporate limits 2734 , 2903 Austell; charter amended 2024 Bainbridge; charter amended 2037 Bainbridge; corporate limits 3063 Ball Ground; name changed 2415 Blakely; corporate limits 2829 Blue Ridge; charter amended 3353 Blue Ridge; Code 92-4101 thru 92-4104 not applicable 234 Bowdon; recorder 3005 Bremen; educational tax 2820 Bremen; elections 3015 Bremen; street improvements 3028 Page 3453 Brunswick; charter amended 3137 Cairo; elections 2416 Calhoun; charter amended, corporate limits 2131 Calhoun; recorder's court 2057 Canton; charter amended 2568 Canton; corporate limits 2437 Canton; wards 2661 Carnesville; corporate limits 2644 Cartersville; charter amended 2283 , 3346 Cedartown; charter amended 2571 Centerville; chartered 3323 Chamblee; charter amended 3318 Chatsworth; charter amended 2088 Chipley; name changed to Pine Mountain 2101 Claxton; charter amended 2896 Clermont; charter amended 2565 Cobbtown; charter amended 3175 College Park; charter amended 2293 , 2309 College Park; city manager 2721 College Park; corporate limits 2363 , 2453 , 2756 , 2800 , 2854 College Park; repaving of streets 2668 Columbus; Columbus-Muscogee County Planning Commission 2331 Coolidge; charter amended 2354 , 2659 Cordele; corporate limits 2907 Cornelia; corporate limits 3083 Covington; charter amended 2269 Dallas; council-manager form of government 2369 Dalton; charter amended 2105 Donalsonville; charter amended 2315 Donalsonville; conveyance of land from State authorized 157 Doraville; charter amended 3058 Doraville; corporate limits 3039 Douglas; city manager 2815 Douglas; distribution of natural or manufactured gas 2347 Duluth; new charter 3148 Eastman; corporate limits 2220 East Point; charter amended 3204 East Point; corporate limits 2380 , 2396 , 2640 , 3212 East Point; off street parking, proposed amendment to the Constitution 493 East Point; use of tax funds, proposed amendment to the Constitution 529 Eatonton; charter amended 2980 Elberta; created and chartered 2991 Elberton; charter amended 2352 Ellijay; recorder's court 2054 Ellijay; salaries 2064 Fairburn; charter amended 2743 Fayetteville; election hours 3362 Flowery Branch; Code 92-4101 thru 92-4104 not aplicable 2675 Page 3454 Forest Park; charter amended 3397 Gainesville; charter amended 2279 Garden City; corporate limits 2243 Georgetown; land conveyance 145 Glennville; charter amended 3298 Glenwood; new charter 2935 Griffin; corporate limits 2677 Hampton; name changed to City of Hampton, corporate limits 3198 Holly Springs; name changed to City of Holly Springs 2841 Jonesboro; corporate limits 2619 Kennesaw; corporate limits, charter amended 2224 Kite; charter amended 2712 LaFayette; city manager form of government 2305 Lavonia; charter amended 3282 Lawrenceville; corporate limits 2391 Leary; name changed, charter amended 2112 Linwood; charter amended 2690 Louisville; elections 3195 Ludowici; charter amended 2410 McDonough; corporate limits 3367 Macon; alley closed 2914 Macon; corporate limits 2404 , 3008 Macon; disposition of property ratified 3415 Macon; recorder's court 2728 Macon; recorder's court clerk 3370 Macon; safety of buildings, proposed amendment to the Constitution 482 Manor; incorporated 2763 Marietta; board of lights and waterworks, proposed amendment to the Constitution 425 Marietta; corporate limits, election hours, etc. 2594 Milan; charter amended 3034 Milledgeville; charter amended 3312 Monticello; corporate limits 2921 Moultrie; corporate limits 2441 Mountain View; charter abolished 3022 Nelson; name changed to City of Nelson, charter amended 3220 Newnan; street closed 3061 Newton; charter amended 3279 Omega; name changed, charter amended 2126 Pine Mountain; named changed from Town of Chipley 2101 Pineora; incorporated 2778 Portal; charter amended 2706 Port Wentworth; charter amended 2632 , 3094 Powder Springs; charter amended 2029 Quitman; charter amended 2859 Rockmart; corporate limits 2893 Rome; charter amended 3306 Savannah; authority to abandon street 2433 Savannah; charter amended 2808 , 3337 Silvertown; charter amended 2238 , 2687 Page 3455 Silvertown; charter repealed 2242 Smyrna; charter amended 2658 Smyrna; corporate limits 2032 Spalding; charter abolished 2878 Stapleton; charter amended 2584 Statesville; corporate limits 3351 Stockbridge; corporate limits 3132 Sugar Hill; corporate limits 3193 Sugar Hill; taxation 3344 Swainsboro; corporate limits 3143 Thomasville; charter amended 3391 Thomaston; corporate limits 2879 Thunderbolt; recorder's court 2617 Tifton; charter amended 2930 Tifton; corporate limits 2696 Tifton; public utilities 2665 Tifton; Tifton-Tift County Development Authority, proposed amendment to the Constitution 415 Toccoa; corporate limits 2898 Thomaston; corporate limits extended 2264 Valdosta; city manager 2624 Van Wert; charter dissolved 2468 Vernonburg; charter amended 2804 Vidalia; charter amended 2833 Vienna; charter amended 2384 Waleska; named changed from town to city 2623 Warner Robins; charter amended 3218 Warrenton; charter amended 2424 Washington; new charter 2139 Waycross; use of voting machines 2538 Waynesboro; corporate limits 2218 Winder; city manager form of government 2338 Winder; corporate limits 2390 Winder; Winder-Barrow County Airport Authority 3087 Woodstock; name changed 2522 Wrightsville; corporate limits 3013 MUNICIPAL CORPORATIONSBY POPULATION. Act providing for pensions for members of fire departments in cities of more than than 150,000 amended 2399 , 2849 , 3015 Joint city-county boards of tax assessors in counties having within its borders all or the greater part of 300,000 or more 3390 Pension Act applying to cities of over 150,000 population amended 2451 , 3019 Pension benefits for policemen in cities of 150,000 population or more, Act amended 2890 , 2979 Primary elections in cities of 200,000 or more population 3176 Traffic Courts in cities of over 300,0001955 Act amended 2259 Zoning and planning boards in cities and counties having population of more than 300,000 persons 3385 Page 3456 RESOLUTIONS AUTHORIZING COMPENSATION. Compensation to American News Company 3239 Compensation to C. A. Arnold 3255 Compensation to William H. Beall 2490 Compensation to Brooks A. Bird 3240 Compensation to James S. Bonner 3248 Compensation to Sim Brown 2477 Compensation to Bob Burel 3257 Compensation to Grady Emmitt Burgess 2499 Compensation to John Henry Chapman 2482 Compensation to 1st Lt. Charles H. Cox, Jr. 3256 Compensation to Mr. and Mrs. Lynn Daniel 2489 Compensation to James H. Edwards 2493 Compensation to Elias Pink Griswell 2487 Compensation to Susan S. Hale and W. M. Hale 3236 Compensation to E. Frank Hancock 2003 Compensation to John Arthur Holloway, Sr. 3251 Compensation to Mrs. Christine Ivie 3247 Compensation to Dr. Horace G. Joiner 3250 Compensation to Dr. Jack W. Jones 3249 Compensation to Rosyer Joyner, Mrs. Willa Mae McCranie, and Mrs. Edith Sue Townsend 3245 Compensation to Thulia Lindsley 2494 Compensation to W. F. Manley 3238 Compensation to C. A. Mobley 3234 Compensation to Mrs. Josie Mae Newnan 2482 Compensation to Clemon Odom 3235 Compensation to Mrs. Blanche Phillips 3246 Compensation to E. C. Prather 3234 Compensation to Robert K. Price Company 2486 Compensation to David Norman 2492 Compensation to James H. Ray 2495 Compensation to Freeman B. Roberts 2481 Compensation to Archie Lamar Simmons 2498 Compensation to Stovall Motor Company, Inc. 2496 Compensation to Mrs. Ettean Brown Sullivan 2475 Compensation to David Tanner 2497 Compensation to W. M. Thomas 2480 Compensation to Franklin Truelove 3252 Compensation to Hoyt Wehunt 2268 Compensation for injuries to Sue Jean White, Betty Jo White and Melody Ann Floyd 2483 Compensation to D. D. Whitman 2478 Compensation to W. J. Wilkinson 2491 Compensation to Freddie Youngblood 2500 MISCELLANEOUS RESOLUTIONS. E. Cuyler Adams bridge designated 555 Appropriations Study Committees 97 Page 3457 Frank G. Birdsong bridge designated 148 Committee to advise and assist Secretary of State in connection with building 586 Committee to investigate persons and organizations destroying their own property 580 Committee to study need for additional laws defining and prohibiting barratry 101 Committee to study possible acquisition of certain Wesleyan Conservatory property 105 Committee to study ways of promoting industry, extended 96 Congratulations to Central Presbyterian Church on Centennial Celebration 509 Conveyance of land to Bethlehem Baptist Church 421 Conveyance of land in Coffee County authorized 144 Conveyance of land to City of Donalsonville authorized 157 Conveyance of land to town of Georgetown authorized 145 Conveyance of land in Fulton County 154 Conveyance of land to Telfair County authorized 161 Conveyance of stained glass window to Newton County 546 DeMolay Week Proclaimed 553 Disposition of Leesburg State Farmers' Market 524 Educational advantages for gifted children 33 Election Laws Study Committee extended 94 Encouraging equal treatment of all segments of economy 51 Federal Civil Service; congratulations on 75th anniversary 12 Founders of Trinity Church Plan commended 562 Fund authorized for eradication of hog cholera 443 Funds for construction of juvenile detention homes 532 Georgia signers of U. S. Constitution honored 111 GeorgiaState songarrangements 506 Roy Head Bridge designated 576 Institute of Law and Government to investigate advisability of staff services for Legislature 489 Insurance Laws Revision Committee 106 Insurance Rate Study Committee 100 Chester H. Jones relieved as surety on bond 2479 W. Chester King Elementary School designated 588 Land conveyance to Mrs. W. P. English and Mr. Pierce R. English 522 Land conveyance to Jeff Davis County Board of Education 458 Land conveyance to F. S. Prather 31 Law books to clerk of superior court of Dodge County 3233 Law books to clerk of superior court of Warren County 3237 Law books to Hall County Superior Court 3254 Law books to ordinary of Jasper County 3241 Legislative intent in adopting Code 38-711 expressed 542 Honorable George L. Mathews member of State Highway Board 716 Mental Health Study Committeeextended 93 Milledgeville State Hospital employees to be advised of rights under State merit system 155 Page 3458 Motor Vehicle Tax Laws Study Committee 109 Earl Nix Bridge designated 531 Placing of busts in Georgia Hall of Fame 442 Plaque to be placed at entrance of Georgia Hall of Fame 147 President of United States; censured 13 Publication by Department of Mines, Mining and Geology authorized 481 Honorable John E. Quillian member of State Highway Board 716 Rates on Sidney Lanier Bridge 453 Removal of building restrictions from land near Jim Woodruff Reservoir requested 246 Resolution authorizing land conveyance in Richmond County amended 252 Secretary of State authorized to secure Confederate Army and other records 488 William R. Smith Elementary School designated 556 A. Charles Soule Bridge designated 591 State records; building for safe storage 81 Stone Mountain; committee to study proposed purchase 8 Survey of industrial potentials of State to be made 156 Portrait of Herman E. Talmadge to be hung in Capitol 595 Teacher Certification and Accrediting of Schools Study Committee 95 Use of Battle Flag of the Confederacy for commercial purposes deplored 561 U. S. Highway 17 designated as Ocean Hiway 143 Veterans Hospital Facilities Study Committee 99 Youth Honor Day proclaimed 424 573 Page 3459 INDEX A ACCOUNTANTS State Board of Accountancy, Code 84-201, 84-211 amended 216 ACWORTH, CITY OF Corporate limits 2420 ADAIRSVILLE, CITY OF Name changed from town of Adairsville 3426 ADAMS, E. CUYLER E. Cuyler Adams Bridge designated 555 ADAMS, JOHN H. Land conveyance to John H. Adams authorized 144 ADEL, CITY OF Corporate limits 2342 ADVERTISING False advertising 411 AGRICULTURAL COMMODITIES AUTHORITY ACT AMENDED 1951 Act amended, assessments 237 AGRICULTURE Act regulating and licensing livestock dealers amended 386 Agricultural Commodities Authority Act of 1951 amended 237 Bonds payable to Commissioner of Agriculture 630 Bonds of operators of public sales 309 Dairy manufacturing plants 311 Disposition of Leesburg State Farmers' Market property 524 Eggs, grading and marketing 27 Exhibits at agricultural fairs 197 Fund for eradication of hog cholera 443 Georgia Economic Poisons Act amended 389 Georgia Food Act amended, packaging 652 Georgia Seed Law, amended 220 Page 3460 Handling of Federal Soil Bank Program 521 Members and compensation of Livestock and Poultry Disease Control Board 369 Milk Control Commission 256 Payment of $100,000.00 authorized for practical method of eradication of boll weevil; proposed amendment to the Constitution 507 ALAPAHA JUDICIAL CIRCUIT Compensation of solicitor-general 352 ALBANY, CITY COURT OF Judge's salary 2926 ALBANY, CITY OF Albany-Dougherty County Development Authority, proposed amendment to the Constitution 444 Albany-Dougherty Payroll Development Authority, created 2870 Charter amended 2427 , 2430 , 2649 Corporate limits, wards 3045 Revocation of franchises 2377 ALCOHOLIC BEVERAGES Employment of persons under eighteen years of age on premises where alcoholic beverages are sold 640 ALCOHOLISM Per diem of members of Georgia Commission on Alcoholism 366 ALMA, CITY OF Alley abandoned 2401 Corporate limits 3378 AMERICAN NEWS COMPANY Compensation to American News Company 3239 ANTIQUE AUTOMOBILES Special license plates 302 APPROPRIATIONS Study Committees 97 ARCHITECTS, LANDSCAPE Landscape Architects Board, created 400 Page 3461 ARMED FORCES Proposed cut in armed forces protested 554 ARNOLD, C. A. Compensation to C. A. Arnold 3255 ATHENS, CITY COURT OF Grand jury indictments 2709 ATLANTA, CITY OF Atlanta-Fulton County Educational Commission created 2842 Charter amended 2051 , 2328 Corporate limits 2561 , 3276 Employees 2592 Fulton County-City of Atlanta Pension Study Commission 3242 ATLANTA JUDICIAL CIRCUIT Compensation of solicitor-general 129 Judges Emeritus, duties, etc., proposed amendment to the Constitution 540 ATKINSON COUNTY Compensation of commissioner 2070 Compensation of tax commissioner 2062 School superintendent, proposed amendment to the Constitution 439 ATKINSON COUNTY, COUNTY COURT OF Created 3178 ATTORNEY GENERAL Reimbursement for certain services to Highway Department 118 AUCTIONS Counties having population of not less than 39,000 and not more than 43,000 authorized to license auctions and auction houses 3317 AUGUSTA, CITY OF Corporate limits 2734 , 2903 Page 3462 AUGUSTA, MUNICIPAL COURT OF Judge's secretary 2555 AUSTELL, CITY OF Charter amended 2024 AUTOMOBILES Tax Laws Study Committee 109 AUTOMOBILE DEALERS Used Car Dealers Registration Act 55 B BACON COUNTY Board of Education, proposed amendment to the Constitution 474 Primary elections 2622 BAINBRIDGE, CITY OF Authority to dispose of property 2037 Corporate limits 3063 BAKER COUNTY Board of education 2814 Compensation of commissioners and commissioners' clerk 3026 BALDWIN, ABRAHAM Bust to be placed in Georgia Hall of Fame 111 BALDWIN COUNTY Board of commissioners 3302 Chairman of county commissioners 2704 County police force 2473 Tax for promoting industry, proposed amendment to the Constitution 464 BALL GROUND, TOWN OF Name changed to City of Ball Ground 2415 BANKS AND BANKING Investments, Code 13-2023 amended 133 Page 3463 BARRATRY Study Committee 101 BARROW COUNTY Winder-Barrow County Airport Authority 3087 Commissioner of roads and revenues 2984 Compensation of commissioners' clerk 2116 Officers placed on salaries 2866 Office of tax commissioner created 2683 School superintendent, proposed amendment to the Constitution 495 BATTLE FLAG OF THE CONFEDERACY Use of battle flag of the Confederacy for commercial purposes deplored 561 BEALL, WILLIAM H. Compensation to William H. Beall 2490 BETHLEHEM BAPTIST CHURCH Conveyance of land authorized 421 BIBB COUNTY Authority to General Assembly, over Bibb County, subject to referendum, proposed amendment to the Constitution 497 BIRD, BROOKS A. Compensation to Brooks A. Bird 3240 BIRDSONG, FRANK G. Frank G. Birdsong Bridge designated 148 BLACKSHEAR, CITY COURT OF Judge's salary 2736 BLAKELY, CITY OF Corporate limits 2829 BLECKLEY COUNTY Compensation of ordinary 3122 Page 3464 BLUE RIDGE, CITY OF Charter amended 3353 Code 92-4101 thru 92-4104 not applicable to City of Blue Ridge 234 BLUE RIDGE JUDICIAL CIRCUIT Compensation of solicitor-general 137 BOLL WEEVIL Payment of $100,000 authorized for practical method of eradication of boll weevil, proposed amendment to the Constitution 507 BOND, APPEARANCE Chesterd H. Jones relived as surety on appearance bond 2479 BONDS Amount of bonded indebtedness of political subdivisions 203 Bonds of motor fuel distributors, Code 92-1406 amended 207 Bonds payable to Commissioner of Agriculture 630 Facsimiles of signatures on public securities 689 Fees for criminal bonds 120 Operators of public livestock sales 309 BONNER, JAMES S. Compensation to James S. Bonner 3248 BOWDON, CITY OF Recorder 3005 BREMEN, CITY OF Educational tax 2820 Elections 3015 Street improvements 3028 BROWN, SIM Compensation to Sim Brown 2477 BRUNSWICK, CITY OF Charter amended 3137 BRUNSWICK PORT AUTHORITY Act amended 82 Creation ratified, proposed amendment to the Constitution 158 Page 3465 BUILDING AND LOAN ASSOCIATIONS Payments on death of members, Code Ann. 16-433 amended 620 BULLOCH, ARCHIBALD Bust of Archibald Bulloch to be placed in Georgia Hall of Fame 442 BULLOCH COUNTY Compensation of clerks of the superior court and their assistants in certain counties, 1937 Act amended 2715 BUREL, BOB Compensation to Bob Burel 3257 BURGESS, GRADY EMMITT Compensation to Grady Emmitt Burgess 2499 C CAIRO, CITY OF Elections 2416 CALHOUN, CITY OF Charter amended, corporate limits 2131 Recorder's Court 2057 CALHOUN COUNTY Compensation of commissioners 2078 CAMILLA, CITY COURT OF Compensation of judge and solicitor 2653 CAMDEN COUNTY Compensation of tax receiver 2103 CANTON, CITY OF Charter amended 2568 Corporate limits 2437 Wards 2661 CAR DEALERS Used Car Dealers Registration Act 55 Page 3466 CARNESVILLE, CITY OF Corporate limits 2644 CARROLL COUNTY RESCUE SQUAD Created, proposed amendment to the Constitution 459 CARTERSVILLE, CITY OF Charter amended 2283 3346 CATOOSA COUNTY Board of tax administrators, proposed amendment to the Constitution 592 County commissioners 2716 CEDARTOWN, CITY OF Charter amended 2571 CENTERVILLE, CITY OF Chartered 3323 CENTRAL PRESBYTERIAN CHURCH Congratulations on centennial celebration 509 CHAMBLEE, CITY OF Charter amended 3318 CHAPMAN, JOHN HENRY Compensation to John Henry Chapman 2482 CHATHAM COUNTY Compensation of ordinary 2529 Compensation of tax commissioner 2591 School tax, proposed amendment to the Constitution 538 Streets, sidewalks, etc. 2045 CHATSWORTH, CITY OF Charter amended 2088 CHATTAHOOCHEE COUNTY Board of education, proposed amendment to the Constitution 603 Sheriff's compensation 2554 Page 3467 CHEROKEE COUNTY Notice of intention to construct buildings 2467 Water Authority, members 2359 CHEROKEE JUDICIAL CIRCUIT Compensation of solicitor-general 122 CHILDREN Support of minor children in certain cases 204 CHIPLEY, TOWN OF Name changed to Town of Pine Mountain 2101 CHIROPODY See State Board of Podiatry Examiners . CHIROPRACTIC PRACTICE Qualifications, Code 84-507 amended 6 CIGARS, CIGARETTES, ETC. Amount of tax to be shown on container 336 CITY COURT OF ALBANY Judge's salary 2926 CITY COURT OF ATHENS Grand jury indictments 2709 CITY COURT OF BLACKSHEAR Judge's salary 2736 CITY COURT OF CAMILLA Compensation of judge and solicitor 2653 CITY COURT OF JESUP Rules, salaries, terms, costs, etc. 2525 CITY COURT OF LEESBURG Qualifications of judge and solicitor 2075 CITY COURT OF LUDOWICI Salaries, rules, etc. 2532 Page 3468 CITY COURT OF MACON Deputy clerks 2588 CITY COURT OF RICHMOND Compensation of judge and solicitor 2248 CITY COURT OF SANDERSVILLE Court costs 3173 CITY COURT OF SAVANNAH Compensation of clerk 2383 CITY COURT OF SOPERTON Compensation of judge and solicitor 2748 CITY COURT OF STATESBORO Costs, rules, terms 2750 CITY COURT OF STEPHENS COUNTY Terms 2701 CITY COURT OF WALKER COUNTY Judge's salary, jurors 2536 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Name changed, procedure, salaries, etc. 2519 CIVIL COURT OF FULTON COUNTY Chief deputy clerk and chief deputy marshal 2739 Sales of personal property 2323 CIVIL DEFENSE Lines of succession of public officials in emergencies 629 Membership of Civil Defense Advisory Council 651 Temporary Seat of Government in emergency 691 CIVIL SERVICE Congratulations to Federal Civil Service on 75th Anniversary 12 CLARKE COUNTY Commissioners' compensation 2823 Fire, water, sanitation, and sewerage districts, proposed amendment to the Constitution 606 Page 3469 CLAXTON, CITY OF Charter amended 2896 CLAY Pipelines on rights-of-way for transportation of clay 303 CLAYTON COUNTY Commissioners of roads and revenues 3118 Compensation of chief deputy sheriff 2123 Coroner's compensation 2694 Election of school superintendent, proposed amendment to the Constitution 3 School bonds, proposed amendment to the Constitution 430 Tax commissioner duties 2109 CLERMONT, TOWN OF Charter amended 2565 CLINCH, COUNTY COURT OF Compensation of judge and solicitor 2080 COBB COUNTY Compensation of deputy sheriffs 3375 Compensation of sheriff and deputies 3360 Recreation Authority 2004 COBB JUDICIAL CIRCUIT Salary of solicitor-general 233 COBBTOWN, CITY OF Charter amended 3175 COLLEGE PARK, CITY OF Charter amended 2293 , 2309 City manager 2721 Corporate limits 2363 , 2453 , 2756 , 2800 , 2854 Repaving of streets 2668 COLQUITT COUNTY Occupation taxes, proposed amendment to the Constitution 567 COLUMBUS, CITY OF Columbus-Muscogee County Planning Commission 2331 Page 3470 COMMISSIONERS OF ROADS AND REVENUES Clerk in counties of not less than 9,135 and not more than 9,210 2327 COMPULSORY SCHOOL ATTENDANCE 1957 Act amended 231 CONFEDERATE ARMY RECORDS Secretary of State authorized to secure Confederate Army and other records 488 CONFEDERATE VETERANS Pensions to widows of Confederate Veterans, Code 78-216 amended 632 CONSTABLES Fees, Code 24-820 amended 195 COOLIDGE, CITY OF Charter amended 2354 , 2659 CORDELE, CITY OF Corporate limits 2907 CORNELIA, TOWN OF Corporate limits 3083 CORONERS Compensation in counties of not less than 108,000 and not more than 112,000 population 3079 Compensation in counties having population of not less than 115,000 and not more than 119,900 persons 3384 CORPORATIONS Act of 1938 amended, meetings of incorporators and stockholders, Code Ann. 22-1860 amended 653 Chartered by Secretary of State, directors 92 CORRECTIONS Funds for construction of juvenile detention homes authorized 532 Salary of director of State Board of Corrections 413 Page 3471 COUNTIES See also names of county, name of office, and counties and county matters by population in tabular index. Amount of bonded indebtedness 203 Authority to levy a tax for school lunch programs 370 Boards of electrical examiners in counties of not less than 22,650 and not more than 23,450 population 3042 Compensation of coroners in counties having not less than 115,000 and not more than 119,900 persons 3384 County boards of tax assessors in counties of not less than 30,500 and not more than 31,000 population 2572 County manager form of government, Code 23-924 amended 327 Counties having population of not less than 39,000 and not more than 43,000, authorized to license auctions and auction houses 3317 Counties included as employers under Workmen's Compensation Act, Code 114-101 amended 183 Expense accounts for county commissioners in counties of not less than 4,050 and not more than 4,500 population 2706 Plumbing installations regulated in counties of not less than 22,700 and not more than 23,000 population 3092 Reimbursement by Highway Department for certain legal services 118 Revenue anticipation obligations to purchase transit equipment, proposed amendment to Constitution 503 COUNTY COURT OF ATKINSON COUNTY Created 3178 COUNTY COURT OF CLINCH Compensation of judge and solicitor 2080 COUNTY PLANNING COMMISSIONS 1957 Act amended, members 169 COURT OF APPEALS Judge emeritus may preside over other courts, proposed amendment to the Constitution 491 Service by judges emeritus 318 Social Security coverage for judges 235 COVINGTON, CITY OF Charter amended 2269 COX, 1ST LT. CHARLES H., JR. Compensation to 1st Lt. Charles H. Cox, Jr. 3256 Page 3472 CRAWFORD, WILLIAM H. Bust of William H. Crawford to be placed in Georgia Hall of Fame 442 CRIMES False advertising 411 Furnishing dynamite to minors 306 Private funds to enforce penal laws 333 CRIMINAL BONDS Fees, Code 27-501 amended 120 CRIMINAL COURT OF FULTON COUNTY Clerk and deputy clerks 2257 D DADE COUNTY Clerical employees for tax commissioner 2630 Dade County Water Authority 3260 DAIRY MANUFACTURING PLANTS Code 42-513 repealed 311 DALLAS, CITY OF Council-manager form of government 2369 DALTON, CITY OF Charter amended 2105 DANIEL, MR. AND MRS. LYNN Compensation to Mr. and Mrs. Lynn Daniel 2489 DAWSON COUNTY Tax commissioner's compensation 3021 DEKALB COUNTY Assessment for garbage disposal, proposed amendment to the Constitution 547 Authority to install and maintain storm sewers and street lights, proposed amendment to the Constitution 485 Compensation of officers 2673 Election of school board members 2357 Page 3473 Ordinances, business licenses, and recorder's court, proposed amendments to the Constitution 582 Pension system Act amended 2563 DEKALB COUNTY, CIVIL AND CRIMINAL COURT OF Name changed, procedure, salaries, etc. 2519 DE MOLAY De Molay Week Proclaimed 553 DENTAL HYGIENIST Examination fee 30 Revocation of licenses 53 DENTISTRY Annual registration 25 Examination fee 113 DEPARTMENT OF LABOR Posting of out of state Help Wanted ads 380 DEPARTMENT OF PUBLIC HEALTH Division of Mental Health created 711 DEPARTMENT OF PUBLIC SAFETY Learners' permits 268 License for operation of motor driven cycles 396 Salaries 296 DESTRUCTION OF PROPERTY Committee to investigate persons and organizations destroying their own property 580 DIVISION OF MENTAL HEALTH Division of Mental Health of Department of Public Health created 711 DIVORCE ACTIONS Costs 398 Jurisdiction of divorce actions 385 Practice and procedure amended 315 Page 3474 DODGE COUNTY Board of commissioners of roads and revenues 2207 Commissioner's clerk 3130 Compensation of clerk to tax commissioner 2216 Compensation of ordinary 3066 Law books to clerk of superior court 3233 DONALSONVILLE, CITY OF Charter amended 2315 Conveyance of land to City of Donalsonville authorized 157 DORAVILLE, CITY OF Charter amended 3058 Corporate limits 3039 DOUGHERTY COUNTY Albany-Dougherty County Development Authority, proposed amendment to the Constitution 444 Albany-Dougherty County Payroll Development, Authority created 2870 DOUGLAS, CITY OF City manager 2815 Distribution of natural or manufactured gas 2347 DOUGLAS COUNTY Bonded debt limit, proposed amendment to the Constitution 598 Zoning Act repealed 3216 DRIVER RESPONSIBILITY LAW AMENDED Amount of liability insurance; offense by non-residents 694 DRIVER'S LICENSES Learners' permits 268 Licenses for operation of motor driven cycles 396 DUBLIN JUDICIAL CIRCUIT Compensation of solicitor-general 325 Treutlen County included 125 DULUTH, CITY OF New charter 3148 Page 3475 DUTIES Time of performance 388 DYNAMITE Crime to furnish dynamite to minor 306 E EARLY, PETER Bust of Peter Early to be placed in Georgia Hall of Fame 442 EAST POINT, CITY OF Charter amended 3204 Corporate limits 2380 , 2396 , 2640 , 3212 Off street parking facilities, proposed amendment to the Constitution 493 Use of tax funds, proposed amendment to the Constitution 529 EASTMAN, CITY OF Corporate limits 2220 EATONTON, CITY OF Charter amended 2980 ECONOMY Resolution encouraging equal treatment to all segments of economy 51 EDUCATION Committee to study teacher certification and accrediting of schools 95 Compensation of drivers of school buses 329 Compulsory school attendance 231 Educational advantages for gifted children 33 Educational services for severely mentally retarded children 206 Establishment of colleges by political subdivisions, proposed amendment to the Constitution 513 Filling vacancies in offices of county school superintendents, Code 32-1003 amended 635 Investigation of school conditions in Lumpkin and Jefferson Counties 2488 Junior College Act of 1958 47 Scholarships for prospective teachers, proposed amendment to the Constitution 432 Social Security coverage for school bus drivers 198 Page 3476 Tax for school lunch programs, proposed amendment to the Constitution 563 Tax levy for school lunch programs, proposed amendment to the Constitution 428 EDUCATION, COUNTY BOARDS Compensation of members of county boards of education in counties of not less than 5,952 and not more than 5,962 population 2376 EDWARDS, JAMES H. Compensation to James H. Edwards 2493 EGGS Grading and marketing 27 ELBERT COUNTY Board of Education; proposed amendment to the Constitution 717 ELBERTA, CITY OF Created and chartered 2991 ELBERTSON, CITY OF Charter amended 2352 ELECTIONS Presidential electors 208 Primary elections in counties of not less than 29,050 and not more than 30,250 2043 Primaries in cities of 200,000 or more population 3176 Study committee extended 94 Voters' Registration Act 269 Voters' Registration Act amended as to counties having within their borders cities with a population of 300,000 or more 3231 ELECTIONS Boards of electrical examiners in counties of not less than 22,650 and not more than 23,450 population 3042 ELLIJAY, CITY OF Recorder's Court 2054 Salaries 2064 Page 3477 EMPLOYEES RETIREMENT SYSTEM County tax receivers, tax collectors and tax commissioners included 637 Jekyll Island Authority covered 119 EMPLOYMENT Payment of wages due deceased persons, Code 66-103 amended 641 ENGLISH, PIERCE R. Land conveyance authorized 522 ENGLISH, MRS. W. P. Land conveyance authorized 522 EVANS COUNTY Compensation of ordinary 2039 EXCISE TAXES Repeal of excise taxes on transportation of freight and passengers urged 574 F FAIRBURN, CITY OF Charter amended 2743 FAIRS Exhibits by Commissioner of Agriculture at agricultural fairs 197 FALSE ADVERTISING Injunctions, crimes 411 FALSE ARREST Actions for false arrest, defenses in certain cases 693 FANNIN COUNTY Compensation of commissioners and clerk of commissioner 2850 FAYETTE SUPERIOR COURT Terms 15 Page 3478 FAYETTEVILLE, CITY OF Election hours 3362 FEDERAL CIVIL SERVICE Congratulations on 75th anniversary 12 FEDERAL SOIL BANK PROGRAM Handling, Congress memorialized 521 FEW, WILLIAM Bust to be placed in Georgia Hall of Fame 111 FIREMEN Act providing for pensions for members of fire departments in cities of 150,000, amended 2399 , 2849 Social Security coverage 198 FLOWERY BRANCH, TOWN OF Code 92-4101 not applicable 2675 FLOYD COUNTY Employees of clerk of superior court and sheriff 2252 Tax commissioner's assistants 2318 FLOYD, MELODY ANN Compensation for injuries to Melody Ann Floyd 2483 FOOD SERVICE ESTABLISHMENTS ADVISORY COUNCIL Created 371 FOREST PARK, CITY OF Charter amended 3397 FORESTERS Registration of foresters 656 FORSYTH COUNTY Compensation of commissioners of roads and revenues 2435 Compensation of sheriff and clerk of superior court 2362 Salary of tax commissioner 2414 Page 3479 FRATERNITIES Fraternity and sorority properties exempt from taxation in certain cases, proposed amendment to the Constitution 611 FULTON COUNTY Atlanta-Fulton County Educational Commission created 2842 Board of education employee's retirement fund Act amended 2752 Civil Service Board 2760 Employees' Retirement Act amended 2863 Employee's retirement system 2719 Fulton County-City of Atlanta Pension Study Commission 3242 FULTON COUNTY, CIVIL COURT OF Chief deputy clerk and chief deputy marshal 2739 Sales of personal property 2323 FULTON COUNTY, CRIMINAL COURT OF Clerk and deputy clerks 2257 FULTON SUPERIOR COURT Judges' compensation 89 G GAINESVILLE, CITY OF Charter amended 2279 GAME AND FISH Barter and sale of game fish 221 Legal hours for commercial fishing in counties of not less than 7,320 and not more than 7,620 population 2695 Taking of oysters 382 Taking of shrimp 408 GARDEN CITY, TOWN OF Corporate limits 2243 GARNISHMENT Service of answer, Code 46-301A enacted 218 Wages exempt, Code 46-208 amended 335 GENERAL ASSEMBLY Institute of Law and Government to investigate advisability of staff services for Legislature 489 Page 3480 GEORGETOWN, TOWN OF Land conveyance to Town of Georgetown authorized 145 GEORGIA State song, arrangements 506 GEORGIA CIVIL DEFENSE ACT Lines of succession of public officials in emergencies 629 Membership of Civil Defense Council 651 Temporary seat of government 691 GEORGIA COMMISSION ON ALCOHOLISM Per diem of members 366 GEORGIA ECONOMIC POISON ACT 1950 Act amended 389 GEORGIA FOOD ACT Packaging 652 GEORGIA HALL OF FAME Placing of busts of named famous Georgians therein 111 , 442 Plaque to be placed at entrance 147 GEORGIA PORTS AUTHORITY Powers and duties defined 714 GEORGIA RECREATION COMMISSION Created 337 GEORGIA SEED LAW Amended, definitions 220 GIFTED CHILDREN Interest in educational advantages 33 GILMER COUNTY Board of education, proposed amendment to the Constitution 469 Terms of Commissioners 2068 Page 3481 GLENNVILLE, CITY OF Charter amended 3298 GLENWOOD, CITY OF New charter 2935 GLYNN COUNTY Creation of office of tax assessor, proposed amendment to the Constitution 250 GORDON COUNTY Fire protection district 2119 Sheriff's compensation 2121 GRADY COUNTY Taxes, proposed amendment to the Constitution 248 GRAND JURIES Nominations for offices filled by grand jury appointments 686 GREENE COUNTY Commissioners' compensation, etc. 2205 GRIFFIN, CITY OF Corporate limits 2677 GRIFFIN JUDICIAL CIRCUIT Salary of official court reporter 368 GRISWELL, ELIAS PINK Compensation to Elias Pink Griswell 2487 GUARDIAN AND WARD Code 49-103, 49-112, 49-113, 49-202, 49-203, 49-204, 49-213, 49-214, 49-216, 49-226, 49-238, 49-308, 49310, 49-313, 49-401, 49-806, 49-807, 49-810 amended. Code 49-212 repealed 673 Custody and distribution of funds by ordinaries, Code 49-701 amended 650 Guardians to act as administrators of estates in certain cases 377 Page 3482 H HALE, SUSAN S. Compensation to Susan S. Hale 3236 HALE, W. M. Compensation to W. M. Hale 3236 HALL COUNTY Board of education, proposed amendment to the Constitution 517 Fire protection districts, proposed amendments to the Constitution 589 Law books to superior court 3254 HALL OF FAME Busts of famous Georgians to be placed therein 111 , 442 Plaque to be placed at entrance 147 HAMPTON, CITY OF Name changed from Town of Hampton, corporate limits 3198 HANCOCK, E. FRANK Compensation to E. Frank Hancock 2003 HARALSON COUNTY Compensation of commissioner of roads and revenue 2409 Office of tax commissioner created 2917 HARALSON SUPERIOR COURT Terms 407 HAWKINS, BENJAMIN Bust of Benjamin Hawkins to be placed in Georgia Hall of Fame 442 HEAD, ROY Roy Head Bridge designated 576 HEALTH Creation of Division of Mental Health of Department of Public Health 711 Food Services Establishments Advisory Council created 371 Treatment of mentally ill persons 697 Page 3483 HEALTH, STATE BOARD OF 1946 Act amended, rules, etc. 322 HENRY COUNTY Board of education; proposed amendment to the Constitution 436 Compensation of board of education 2920 Fee system abolished 3127 HIGHWAY DEPARTMENT Reimbursement to law department and counties for certain legal services 118 HIGHWAYS State Highway Board, districts 624 Upkeep of highways in municipalities 223 Use of rights-of-way for transportation of clay via pipelines 303 HOG CHOLERA Fund for eradication of hog cholera authorized 443 HOLLOWAY, JOHN ARTHUR, SR. Compensation to John Arthur Holloway, Sr. 3251 HOLLY SPRINGS, CITY OF Name changed from Town of Holly Springs 2841 HOSPITAL ADVISORY COMMITTEE 1946 Act amended 322 HOSPITALS Veterans Hospital Facilities Study Committee 99 HOUSTON COUNTY Board of commissioners 2574 Board of Education, proposed amendment to the Constitution 599 HYGIENIST, DENTAL Examination fee 30 Revocation of licenses 53 Page 3484 I INDUSTRY Committee to study ways of promoting industry extended 96 INSTITUTE OF LAW AND GOVERNMENT Investigation to determine advisability of staff services for legislature 489 INSURANCE Commissions on sales made by non-resident agents 332 Driver Responsibility Law amended, amount of liability insurance, offenses by non-residents 694 Insurance laws revision committee 106 Licensing of insurance companies, Code 56-403 amended 614 Rate study committee 100 Reciprocal insurors 623 Refunds of premiums in certain cases, Code 56-816A enacted 236 Regulation of reciprocal insurance transactions 644 Venue of actions against insurance companies 114 IRWIN COUNTY Election of commissioners 3428 IVIE, MRS. CHRISTINE Compensation to Mrs. Christine Ivie 3247 J JASPER COUNTY Compensation of treasurer 2350 Law books to ordinary 3241 JEFF DAVIS COUNTY Board of commissioner of roads and revenues 3288 JEFF DAVIS COUNTY BOARD OF EDUCATION Land conveyance authorized 458 JEFFERSON COUNTY Investigation of school conditions 2488 JEKYLL ISLAND AUTHORITY Employees covered by Retirement System 119 Page 3485 JESUP, CITY COURT OF Rules, salaries, terms, costs, etc. 2525 JIM WOODRUFF RESERVOIR Removal of building restrictions from certain land near Jim Woodruff Reservoir 246 JOHNSON COUNTY Compensation of commissioners 2911 JOINER, DR. HORACE G. Compensation to Dr. Horace G. Joiner 3250 JONES, CHESTER H. Chester H. Jones relieved as surety on bond 2479 JONES COUNTY Expenses of county commissioners 2648 JONES, DR. JACK W. Compensation to Dr. Jack W. Jones 3249 JONESBORO, CITY OF Corporate limits 2619 JOYNER, ROSYER Compensation to Rosyer Joyner 3245 JUDGES PRO HAC VICE Judges emeritus of superior courts may serve 295 JUDGMENTS Judgments as liens on real estate, how perfected 379 JUNIOR COLLEGES Junior College Act of 1958 47 JUSTICES OF THE PEACE Fees, Code 24-1601 amended 201 Page 3486 JUVENILE COURTS Juvenile Court Act amended, probation 395 JUVENILE DETENTION HOMES Funds for construction of juvenile detention homes authorized 532 State Detention Homes Act 239 K KENNESAW, CITY OF Corporate limits, charter amended 2224 KING, W. CHESTER W. Chester King Elementary School designated 588 KITE, TOWN OF Charter amended 2712 L LAFAYETTE, CITY OF City manager form of government 2305 LAND SURVEYORS Compensation to surveyors and helpers when surveying disputed county lines, Code 23-407 amended 633 Examinations and certificates 358 LANDSCAPE ARCHITECTS Board of Landscape Architects created 400 LANIER COUNTY Compensation of commissioners 3418 LAVONIA, CITY OF Charter amended 3282 LAW DEPARTMENT Reimbursement for certain services to Highway Department 118 LAW ENFORCEMENT Private funds to enforce penal laws 333 Page 3487 LAWRENCEVILLE, CITY OF Corporate limits 2391 LEARY, CITY OF Named changed from Town of Leary, charter amended 2112 LEE COUNTY Compensation of ordinary 2118 LEESBURG, CITY COURT OF Qualifications of judge and solicitor 2075 LEESBURG STATE FARMERS' MARKET Disposition of property 524 LIBEL Retractions in mitigation of damages 54 LIBERTY COUNTY Industrial Authority, proposed amendment to the Constitution 472 LINDSLEY, THULIA Compensation to Thulia Lindsley 2494 LINWOOD, TOWN OF Charter amended 2690 LITERATURE Act creating Georgia Literature Commission amended 391 LIVESTOCK See also Agriculture Act regulating and licensing livestock dealers amended 386 LIVESTOCK AND POULTRY DISEASE CONTROL BOARD Members, compensation 369 LONG COUNTY Compensation of ordinary 2471 Page 3488 LONG, CRAWFORD W. Bust of Crawford W. Long to be placed in Georgia Hall of Fame 442 LOUISVILLE, TOWN OF Elections 3195 LOWNDES COUNTY Board of Education, proposed amendment to the Constitution 448 LUDOWICI, CITY OF Charter amended 2410 LUDOWICI, CITY COURT OF Salaries, rules, etc. 2532 LUMPKIN COUNTY Amount of bonded indebtedness, proposed amendment to the Constitution 544 Investigation of school conditions 2488 Tax commissioner's salary 2928 Mc McCRANIE, MRS. WILLA MAE Compensation to Mrs. Willa Mae McCranie 3245 McDONOUGH, CITY OF Corporate limits 3367 M MACON, CITY OF Alley closed 2914 Corporate limits 2404, 3008 Disposition of property ratified 3415 Recorder's court 2728 Recorder's court clerk 3370 Safety of buildings, proposed amendment to the Constitution 482 MACON, CITY COURT OF Deputy clerks 2588 Page 3489 MANLEY, W.F. Compensation to W. F. Manley 3238 MANOR, CITY OF Incorporated 2763 MARIETTA, CITY OF Board of Lights and Waterworks, proposed amendment to the Constitution 425 Corporate limits, election hours, etc. 2594 MARRIAGE LICENSES Application, waiting period, etc., Code 53-202 amended 214 Return to parties by ordinaries after recording 331 MASTER AND SERVANT Payment of wages due deceased persons, Code 66-103 amended 641 MATHEWS, GEORGE L. Honorable George L. Mathews member State Highway Board 716 MEDICAL SERVICES Non-profit Medical Services Act amended 409 MEDICINE Practice by aliens, Code Ann. 84-927 amended 619 MENTAL HEALTH Study Committee extended 93 MENTALLY ILL Treatment of mentally ill persons 697 MENTALLY RETARDED CHILDREN Educational services 206 MIDDLE JUDICIAL CIRCUIT Compensation of solicitor general 225 Page 3490 MILAN, CITY OF Charter amended 3034 MILK CONTROL COMMISSION Milk sheds, inspections, etc. 256 MILLEDGEVILLE, CITY OF Charter amended 3312 MILLEDGEVILLE STATE HOSPITAL Employees to be advised of rights under the State Merit System 155 MINES, MINING AND GEOLOGY Publication authorized 481 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Compensation of school bus drivers 329 MINORS Custody and distribution of funds by ordinaries, Code 49-701 amended 650 Employment of persons under eighteen years of age on premises where alcoholic beverages are sold 640 Support of minor children in certain cases 204 MITCHELL COUNTY Commissioners' salaries 2040 MOBLEY, C. A. Compensation to C. A. Mobley 3234 MONTICELLO, CITY OF Corporate limits 2921 MORGAN COUNTY Compensation of commissioners 2913 MORTGAGES Effect of open end mortgages limited 655 Page 3491 MOTOR COMMON CARRIERS ACT Code 68-802 amended 688 MOTOR FUEL DISTRIBUTORS Bonds 207 MOTOR VEHICLES Automobile license plates for members of National Guard 642 Driver Responsibility Law amended 694 Tax Laws Study Committee 109 MOULTRIE, CITY OF Corporate limits 2441 MOUNTAIN VIEW, CITY OF Charter abolished 3022 MUNICIPAL CORPORATIONS Amount of bonded indebtedness 203 Code 69-101 thru 69-104 repealed, charter amendments 200 Pension Act applying to cities of over 150,000 population, amended 2451, 2890 Revenue anticipation obligations to purchase transit equipment, proposed amendment to the Constitution 503 Upkeep of highways 223 MUNICIPAL COURT OF AUGUSTA Judge's secretary 2555 MUNICIPAL COURT OF SAVANNAH Salary of chief judge 2647 MUNICIPAL PLANNING COMMISSIONS 1957 Act amended, members 169 MURRAY COUNTY Clerk of board of roads and revenues 2072 Streets abandoned 2530 MUSCOGEE COUNTY Columbus-Muscogee County Planning Commission 2331 Pension fund 2579 Page 3492 N NATIONAL GUARD Automobile license plates for members of National Guard 642 Resolution protesting proposed cut in strength 525 NELSON, CITY OF Name changed from Town of Nelson, charter amended 3220 NEWNAN, CITY OF Street closed 3061 NEWNAN, Mrs. Josie Mae Compensation to Mrs. Josie Mae Newnan 2482 NEWTON, CITY OF Charter amended 3279 NEWTON COUNTY Conveyance of stained glass window from state 546 NIX, EARL Earl Nix Bridge designated 531 NONPROFIT MEDICAL SERVICE ACT Amended 409 NORMAN, DAVID Compensation to David Norman 2492 NOTARIES, PUBLIC Authority 313 O OCEAN HIWAY U.S. Highway 17 designated as Ocean Hiway 143 OCONEE COUNTY Commissioners' compensation 2213 OCONEE JUDICIAL CIRCUIT Salary of solicitor-general 320 Treutlen County excluded 125 Page 3493 ODOM, CLEMON Compensation to Clemon Odom 3235 OLD AGE ASSISTANCE Amount of assistance 307 OIL AND GAS Payment authorized for first producing oil well 265 OMEGA, CITY OF Name changed, charter amended 2126 ORDINARIES Commissioners of the Ordinaries Retirement Fund of Georgia, created 185 Custody and distribution of funds of minors and insane persons, Code 49-701 amended 650 Destruction of pre-marital examination certificates after one year 685 Duties where no administration of estate necessary 355 Employees in counties of not less than 108,000 and not more than 114,000 persons 3389 Filing of wills by persons still in life 354 Office hours, Code 24-2104 amended 631 Return of marriage licenses to parties after licenses are recorded 331 Tax to pay costs of ordinaries retirement fund 565 P PARDON AND PAROLE BOARD State Wide Probation Act, amended 15 PARENT AND CHILD Support of minor children in certain cases 204 PARKS Compensation of Director of State Parks 215 Control 116 Uniforms for employees of State Parks Department 634 PAULDING COUNTY Coroner's compensation 2989 Page 3494 PEACE OFFICERS Fees as witnesses in counties of 300,000 or more persons 3421 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Amended 341 Taxation to support, proposed amendment to the Constitution 515 PETROLEUM PRODUCTS Branding, Code 73-222 amended 618 PHILLIPS, MRS. BLANCHE Compensation to Mrs. Blanche Phillips 3246 PICKENS COUNTY Board of Education, proposed amendment to the Constitution 455 PIERCE COUNTY Board of Education; proposed amendment to the Constition 557 PIN BALL MACHINES Counties of not less than 20,300 and not more than 20,900 authorized to levy tax 121 PINE MOUNTAIN, TOWN OF Name changed from Town of Chipley 2101 PINEORA, CITY OF Incorporated 2778 PLANNING BOARDS Number of members in cities having population of more than 300,000 persons 3385 PLANNING COMMISSIONS Act of 1951, relating to counties of not less than 108,000 not more than 112,000, amended 2317 1957 Act amended, members 169 PLUMBING Plumbing installations regulated in counties of not less than 22,700 and not more than 23,000 population 3092 Page 3495 PODIATRY See State Board of Podiatry Examiners POISONS Georgia Economic Poisons Act amended 389 POLICEMEN Social security coverage 198 POLITICAL SUBDIVISIONS Amount of bonded indebtedness 203 POLK COUNTY Bonded indebtedness, proposed amendment to the Constitution 609 Compensation of coroner 2656 County attorney 3364 Travel expenses of chairman of county commissioners 3387 PORTAL, TOWN OF Charter amended 2706 PORT AUTHORITIES Brunswick Port Authority Act amended 82 PORT WENTWORTH, CITY OF Charter amended 2632 , 3094 PORTS AUTHORITY Powers and duties defined 714 POWDER SPRINGS, CITY OF Charter amended 2029 PRACTICE AND PROCEDURE Costs in divorce actions 398 Determination of heirs at law 361 Divorce and alimony actions 315 False arrest, defenses in certain cases 693 Garnishment, service of answer, Code 46-301A enacted 218 Judgments as liens on real estate, how perfected 379 Jurisdiction (venue) of divorce actions 385 Legislative intent in adopting Code 38-711 expressed in resolution 542 Page 3496 Secretary of State may designate employees to accept service 381 Selection of judge pro hac vice 295 Venue of actions against insurance companies 114 PRATHER, E. C. Compensation to E. C. Prather 3234 PRATHER, F. S. Land Conveyance 31 PRESIDENT President of United States, censured 13 PRESIDENTIAL ELECTORS Selection, duties, etc. 208 PRICE, ROBERT K., COMPANY Compensation to Robert K. Price Company 2486 PRIMARY ELECTIONS Dates of holding in cities of 200,000 population or more 3176 PRIVILEGES Time of performance 388 PROBATION Probation of juveniles 395 PROBATION SYSTEM State Wide Act amended 15 PROFESSIONAL ENGINEERS Examinations and certificates 358 PUBLIC LIVESTOCK AUCTIONS AND SALES Operators' bonds 309 PUBLIC OFFICERS Nominations for offices filled by grand jury appointment 686 Page 3497 PUBLIC SAFETY, DEPARTMENT OF Licenses for operation of motor driven cycles 396 Salaries 296 PUBLIC SERVICE COMMISSION Motor Common Carrier Act amended, Code 68-602 amended 688 PULASKI COUNTY Office of tax commissioner created 2826 Q QUILLIAN, JOHN E. Honorable John E. Quillian member State Highway Board 716 QUITMAN, CITY OF Charter amended 2859 R RAY, JAMES H. Compensation to James H. Ray 2495 REAL ESTATE Judgments as liens, how perfected 379 Recording of interests in land 413 REAL ESTATE BROKERS AND SALESMEN Nonresident brokers and salesmen 24 REAL ESTATE COMMISSION Use of injunction, Code 84-1424 amended 334 REAL PROPERTY Effect of open end mortgages limited 655 RECORDING OF INTERESTS IN LAND Act authorizing 413 RECORDS Building for safe storage of state records 81 Page 3498 RECREATION COMMISSION Georgia Recreation Commission created 337 RECREATIONAL FACILITIES Control 116 RETIREMENT See also Employees' Retirement System, and names of systems. Act providing for pensions to members of fire departments in cities of more than 150,000 amended 2399 , 2849 , 3015 The Commissioners of the Ordinaries Retirement Fund of Georgia created 185 Office of Deputy Director Emeritus of State Board of Workmen's Compensation created 364 Peace officer annuity and benefit fund Act amended 341 Pension Act applying to cities of over 150,000 population, amended 2451 , 3019 Pension Act for policemen in cities of 150,000 or more amended 2890 , 2979 Social Security coverage for school bus drivers, policemen and firemen 198 Teachers Retirement Act amended, benefits 690 REVENUE ANTICIPATION OBLIGATIONS Counties, municipalities may issue revenue anticipation certificates to purchase transit equipment, proposed amendment to the Constitution 503 REVENUE BONDS Amount of bonded indebtedness of political subdivisions 203 Facsimiles of signatures on public securities 689 RICHMOND, CITY COURT OF Compensation of judge and solicitor 2248 RICHMOND COUNTY Purchase and sale of supplies and materials 2986 RICHMOND COUNTY 4-H CLUBS, INC. Resolution authorizing land conveyance to, amended 252 Page 3499 RIGHTS OF WAY Use of rights-of-way for transportation of clay via pipelines 303 ROBERTS, FREEMAN B. Compensation to Freeman B. Roberts 2481 ROCKMART, CITY OF Corporate limits 2893 ROME, CITY OF Charter amended 3306 ROME JUDICIAL CIRCUIT Grand jury terms 182 S SANDERSVILLE, CITY COURT OF Court costs 3173 SAPP, D. C. Land conveyance to D. C. Sapp authorized 144 SAVANNAH, CITY OF Authority to abandon street 2433 Charter amended 2808 , 3337 SAVANNAH, CITY COURT OF Compensation of clerk 2383 SAVANNAH DISTRICT AUTHORITY ACT 1951 Act amended 2459 SAVANNAH, MUNICIPAL COURT OF Salary of chief judge 2647 SCHLEY COUNTY Board of Education, proposed amendment to the Constitution 511 Page 3500 SCHOLARSHIPS Scholarships for prospective teachers, proposed amendment to the Constitution 432 SCHOOL BUS DRIVERS Compensation 329 Social security coverage 198 SEAT OF GOVERNMENT Temporary Seat of Government in emergency 691 SECRETARY OF STATE Authority to designate employees to accept service 381 Authority to secure Confederate Army and other records 488 Building for safe storage of State records 81 Committee to advise and assist Secretary of State in connection with building 586 Corporations chartered by, directors 92 SEMINOLE COUNTY Tax for promoting industry, proposed amendment to the Constitution 466 SERVICE OF PROCESS Authority of Secretary of State to designate employees to accept service 381 SHERIFFS Additional compensation in counties of not less than 4,520 and not more than 4,820 population 2892 Compensation in counties of not less than 34,500 and not more than 36,500 2251 SILVERTOWN, CITY OF Charter amended 2238 2687 Charter repealed 2242 SIMMONS, ARCHIE LAMAR Compensation to Archie Lamar Simmons 2498 SMALL CLAIMS COURTS Costs in courts in counties of not less than 33,500 and not more than 33,990 population 2925 Created in counties of not less than 18,923 and not more than 18,996 persons 2298 Page 3501 SMITH, WILLIAM R. William R. Smith Elementary School designated 556 SMYRNA, CITY OF Charter amended 2658 Corporate limits 2032 SOCIAL SECURITY Coverage for certain employees 198 Coverage for judges of Court of Appeals 235 Coverage for solicitors-general and superior court judges 172 SOPERTON, CITY COURT OF Compensation of judge and solicitor 2748 SORORITIES Fraternity and sorority properties exempt from taxation in certain cases, proposed amendment to the Constitution 611 SOULES, A. CHARLES A. Charles Soules bridge designated 591 SPALDING COUNTY Justice Courts, etc., abolished, other court authorized, proposed amendment to the Constitution 526 SPALDING, TOWN OF Charter abolished 2878 SPARTA BAPTIST CHURCH Charter amended 2587 STAPLETON, TOWN OF Charter amended 2584 STATE BOARD OF ACCOUNTANCY Membership, compensation, non-resident accountants, etc. Code 84-201, 84-211 amended 216 STATE BOARD OF CORRECTIONS Director's salary 413 Page 3502 STATE BOARD OF EDUCATION Educational services for severely mentally retarded children 206 STATE BOARD OF HEALTH 1946 Act amended, rules 322 STATE BOARD OF PODIATRY EXAMINERS Name changed from State Board of Chiropody Examiners, Code 84-601 thru 84-611 amended, Code 84-9906 amended 174 STATE CAPITOL Temporary Seat of Government in emergency 691 STATE DETENTION HOME ACT 239 STATE EDUCATION MEDICAL BOARD Created, proposed amendment to the Constitution 478 STATE GAME AND FISH COMMISSION Barter and sale of game fish 221 Legal hours for commercial fishing in counties of not less than 7,320 and not more than 7,620 population 2695 Taking of oysters 382 Taking of shrimp 408 STATE HIGHWAY BOARD Districts 624 Honorable George L. Mathews member 716 Honorable John E. Quillian member 716 Upkeep of highways in municipalities 223 STATE HIGHWAY DEPARTMENT Reimbursement to law department and counties for certain legal services 118 STATE LITERATURE COMMISSION 1953 Act amended 391 STATE PARKS Compensation of Director of State Parks 215 Control 116 Uniforms for employees of State Parks Department 634 Page 3503 STATE RECORDS Building for safe storage of state records 81 STATE REGISTRATION AND ELECTION INFORMATION BOARD Voters' Registration Act 269 STATE TREASURER Private funds for enforcement of penal laws 333 STATE WIDE PROBATION ACT Amended 15 STATESBORO, CITY COURT OF Costs, terms, rules 2750 STATESVILLE, TOWN OF Charter amended 3351 STEPHENS COUNTY Compensation of commissioners of roads and revenues 2418 Qualification fee for commissioner candidates 3423 STEPHENS COUNTY, CITY COURT OF Terms 2701 STEWART COUNTY Board of Education, proposed amendment to the constitution 253 Deputy commissioner of roads and revenues 2436 STOCKBRIDGE, CITY OF Corporate limits 3132 STONE MOUNTAIN Committee to study proposed purchase 8 Stone Mountain Memorial Association created 61 STOVALL MOTOR COMPANY, INC. Compensation to Stovall Motor Company, Inc. 2496 Page 3504 SUGAR HILL, TOWN OF Corporate limits 3193 Taxation 3344 SULLIVAN, MRS. ETTEAN BROWN Compensation to Mrs. Ettean Brown Sullivan 2475 SUMTER COUNTY Employees' pension plan amended 2083 SUPERIOR COURTS Compensation of clerks and their assistants certain counties, (Bulloch), 1937 Act amended 2715 Recording of interests in land 413 Service by judges and justices emeritus 318 Service by justices and judges emeritus, proposed amendment to the Constitution 491 Social security coverage for solicitors-general and judges 172 Solicitors-general in counties of over 300,000 may appoint investigators 194 Solicitors-general Retirement Act, amended, benefits, years of service 163 SUPPORT Uniform Reciprocal Enforcement of Support Act 34 SWAINSBORO, CITY OF Corporate limits 3143 T TALLAPOOSA JUDICIAL CIRCUIT Terms of Haralson County superior court 407 TALMADGE, HERMAN E. Portrait of Herman E. Talmadge to be hung in capitol 595 TANNER, DAVID Compensation to David Tanner 2497 TAX ASSESSORS Appointment in counties of not less than 29,050 and not more than 30,275 2049 Page 3505 Joint city-county boards of tax assessors in all counties having all or the greater part of 300,000 or more 3390 TAX COLLECTORS Not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3081 TAX COMMISSIONERS Compensation in counties of not less than 9,135 and not more than 9,210 2327 Not required to make rounds in counties of not less than 6,900 and not more than 7,000 persons 3420 TAX RECEIVERS Tax receivers not to make rounds in counties of not less than 35,211 and not more than 35,220 population 3,192 TAXATION Arbitration of tax assessments, Code 92-6912 amended 387 Authority to counties to levy a tax for school lunch programs 370 Automobile license plates for members of National Guard 642 Bonds of motor fuel distributors, Code 92-1406 amended 207 Code 92-6913 amended as to counties of 300,000 or more 3018 County boards of tax assessors in counties of not less than 30,500 and not more than 31,000 population 2572 County tax receivers, tax collectors and tax commissioners included in State Employees Retirement System 637 Fraternity and sorority properties exempt from taxation in certain cases, proposed amendment to the Constitution 611 Gasoline tax refunds, time for filing 612 Income Tax Law Study Committee 422 Long term capital gains, Code 92-3119 amended 617 Motor Vehicle Tax Laws Study Committee 109 Refunds to taxpayers, Code 92-6502 amended, Code 92-6503, 92-6504 repealed 219 Special license plates for antique automobiles 302 Tax levy for school lunch programs, proposed amendment to the Constitution 428 Tax to pay costs of ordinaries retirement fund, proposed amendment to the Constitution 565 Tax to support school lunch programs, proposed amendment to the Constitution 563 Taxes for support of Peace Officers Annuity and Benefit Fund, proposed amendment to the Constitution 515 Tobacco products, amount of tax to be shown on package 336 Page 3506 TEACHERS RETIREMENT ACT AMENDED Retirement benefits 690 TELFAIR COUNTY Land conveyance from state authorized 161 TERRELL COUNTY Terrell County Development Authority, proposed amendment to the Constitution 149 , 533 THOMAS, W. M. Compensation to W. M. Thomas 2480 THOMASTON, CITY OF Corporate limits 2264 , 2879 THOMASVILLE, CITY OF Charter amended 3391 THUNDERBOLT, TOWN OF Recorder's court 2617 TIFT COUNTY Tifton-Tift County Development Authority, proposed amendment to the Constitution 415 TIFTON, CITY OF Charter amended 2930 Corporate limits 2696 Public utilities 2665 Tifton-Tift County Development Authority, proposed amendment to the Constitution 415 TIME Time performance of privilege or duty 388 TOBACCO Request to Congress, acreage allotments 9 TOCCOA, CITY OF Corporate limits 2898 Page 3507 TOLL BRIDGE AUTHORITY Rates on Sidney Lanier Bridge, request to lower 453 TOOMBS COUNTY Employment of certified public accountant 3202 TORTS False arrest, defense in certain cases 693 TOWNSEND, MRS. EDITH SUE Compensation to Mrs. Edith Sue Townsend 3245 TRAFFIC COURTS Act of 1955 creating traffic courts in cities of 300,000 or more amended 2259 TREUTLEN COUNTY Placed in Dublin Judicial Circuit 125 TREUTLEN, JOHN ADAM Bust of John Adam Treutlen to be placed in Georgia Hall of Fame 442 TRINITY CHURCH PLAN Founders of Trinity Church Plan commended 562 TROUP COUNTY Board of commissioners of roads and revenues 3068 TROUP, GEORGE M. Bust of George M. Troup to be placed in Georgia Hall of Fame 442 TRUELOVE, FRANKLIN Compensation to Franklin Truelove 3252 TURNER COUNTY Board of Education, proposed amendment to the Constitution 570 Page 3508 U U. S. CONSTITUTION Georgia's signers honored 111 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Enacted 34 UNITED STATES FOREST SERVICE Investigation of policies urged 434 UNITED STATES PRESIDENT Censured 13 USED CAR DEALERS Registration Act 55 V VALDOSTA, CITY OF City manager 2624 VAN WERT, TOWN OF Charter dissolved 2468 VERNONBURG, TOWN OF Charter amended 2804 VETERANS Hospital Facilities Study Committee 99 VIDALIA, CITY OF Charter amended 2833 VIENNA, CITY OF Charter amended 2384 VOTERS' REGISTRATION ACT 269 W WALESKA, CITY OF Name changed from Town of Waleska 2623 Page 3509 WALKER COUNTY, CITY COURT OF Judge's salary, jurors 2531 WALTON COUNTY Board of commissioners 2096 WARE COUNTY Use of voting machines 2500 WARM AIR HEATING CONTRACTORS Counties where applicable 132 , 627 WARNER ROBINS, CITY OF Charter amended 3218 WARREN COUNTY Law books to clerk of superior court 3237 WARRENTON, CITY OF Charter amended 2424 WASHINGTON, CITY OF New charter 2139 WASHINGTON COUNTY Board of education, proposed amendment to the Constitution 576 WAYCROSS, CITY OF Use of voting machines 2538 WAYCROSS JUDICIAL CIRCUIT Compensation of official court reporter 170 WAYNE COUNTY Board of education, proposed amendment to the Constitution 549 WAYNESBORO, CITY OF Corporate limits 2218 WEHUNT, HOYT Compensation to Hoyt Wehunt 2268 Page 3510 WELFARE Amount of old age assistance 307 Treatment of mentally ill persons 697 WESLEYAN CONSERVATORY Committee to study acquisition of certain property 105 WESTERN AND ATLANTIC RAILROAD Conveyance of surplus land authorized 154 WHITE, BETTY JO Compensation for injuries to Betty Jo White 2483 WHITE COUNTY Commissioners of roads and revenues 3220 WHITE, SUE JEAN Compensation for injuries to Sue Jean White 2483 WHITMAN, D. D. Compensation to D. D. Whitman 2478 WILKERSON, W. J. Compensation to W. J. Wilkerson 2491 WILKES COUNTY Board of commissioners 2091 Board of education, proposed amendment to the Constitution 460 WILLS AND ADMINISTRATION OF ESTATES Code 113-301, 113-409, 113-502, 113-601, 113-602, 113-607, 113-617, 113-618, 113-703, 113-802, 113-1002, 113-1505, 113-1517, 113-1518, 113-1601, 113-1602, 113-1603, 113-1605, 113-1702, 113-1703, 113-1704, 113-1706, 113-2010, and 113-2104 amended 657 Duties of ordinaries where no administration of estate necessary 355 Filing of wills by persons still in life 354 Guardian to act as administrators of estates in certain cases 377 Minors rights to year's support barred by marriage before application filed 378 Page 3511 Payments on death of members by building and loan associations, Code Ann. 16-433 amended 620 Procedure to determine heirs at law 361 Wages due deceased persons, Code 66-103 amended 641 WILSON, JOHN T. Land conveyance to John T. Wilson authorized 144 WILSON, W. R., JR. Land conveyance to W. R. Wilson, Jr., authorized 144 WILSON, W. R., SR. Land conveyance to W. R. Wilson, Sr., authorized 144 WINDER, CITY OF City manager form of government 2338 Corporate limits 2390 Winder-Barrow County Airport Authority 3087 WOODSTOCK, CITY OF Name changed from Town of Woodstock 2522 WORKMENS COMPENSATION Counties included as employers 183 Creation of office of Deputy Director Emeritus 364 Loss of hearing in one ear, compensation 360 WRIGHTSVILLE, CITY OF Corporate limits 3013 Y YEAR'S SUPPORT Minor's rights to year's support barred by marriage before application filed 378 YOUNGBLOOD, FREDDIE Compensation to Freddie Youngblood 2500 YOUTH HONOR DAY Youth Honor Day designated 424 , 573 Page 3512 Z ZONING AND PLANNING BOARDS Number of members in cities having population of more than 300,000 persons 3385 Page 3513 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 3516 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 Oglethorpe 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 3518 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 Dunn, W. Ellison 8th Donalsonville 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 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 3520 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 W. ELLISON DUNN 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, Bruke, 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 3523 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 Rt. 1, Iron City 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 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 Denmark, Roscoe Liberty Hinesville Dorminy, A. B. C., Jr. Ben Hill Fitzgerald 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 Treutlen Soperton Frazier, Joe Jeff Davis Hazlehurst Freeman, Wm. B. Monroe Forsyth Fuqua, J. B. Richmond Augusta 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 Mann, James C. Rockdale Conyers 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., Deceased 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 Pine Mountain 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 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 3529 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. B. C. Dorminy, Jr. 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 Pine Mountain 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 J. B. Fuqua Augusta Richmond William W. Holley Augusta Richmond Bernard F. Miles Augusta Rockdale James C. Mann 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, Deceased 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 3535 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