Local and special acts and resolutions of the General Assembly of the state of Georgia 1959 [volume 2]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia HAPEVILLE: LONGINO PORTER, INC. 19590000 English

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1959 19590000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

PRESS OF LONGINO PORTER, INC. HAPEVILLE, GA.

Compiler's Note To speed publication, the Acts and Resolution of the 1959 session, with the exception of the proposed amendments to the Constitution, were sent to the printer in the order in which they were released from the Governor's office. This made only a broad classification possible. General Acts and Resolutions were grouped in one volume beginning at page 1 and running through page 565. The proposed amendments to the Constitution were grouped together beginning at page 451 of Volume One and are followed by a complete index beginning at page 482. This volume is bound separately. Local and special Acts and Resolutions were grouped in one volume beginning on page 2001. There are no intervening pages between 565 and 2000. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible. This is followed by a regular alphabetical index. ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1959 CITY OF THOMASTONCORPORATION LIMITS EXTENDED. No. 22 (House Bill No. 197). 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 the State of Georgia, and it is hereby enacted by authority of the same, as follows:

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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 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 additional paragraphs as a part of said section four of said Act, to read as follows: The following described territories which are contiguous to the existing limits of the City of Thomaston shall be a part of said City of Thomaston and included in iits corporate limits, to-wit: A. All of a certain tract of land, lying and being in the 10th land district of Upson County, Georgia, and better described as follows: Beginning at a point on the existing corporate limits of the City of Thomaston, which point is the southwest corner of a subdivision of lands known as Overlook Subdivision, a plat of which subdivision is recorded in the clerk's office. Upson Superior Court, in plat book 1, at page 183, which plat is hereby incorporated herein in aid of this description; and run thence from said beginning point south 3 degrees 30 minutes west to a point on the south side of State route No. 74 (said State route No. 74 being an extension of West Gordon Street); run thence in a southeasterly direction along the south side of said State route No. 74 to a point where the original corporate limits line of said City of Thomaston intersects the south side of State route No. 74; run thence in a northeasterly direction along the original corporate limits of the City of Thomaston to a point on said original corporate limits, which point is 1,590 feet southwesterly (measuring along the original corporate limits of said city) from the point where the original corporate limits of said City of Thomaston intersects the south side of West Main Street; run thence north 21 degrees 50 minutes west a distance of 505 feet; run thence south 86 degrees west a distance of 478 feet; run

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thence north 533 feet; run thence north 78 degrees 15 minutes west 815 feet to the point of beginning at the southwest corner of said Overlook Subdivision. B. All of a certain tract of land lying and being in the 10th land district of Upson County, Georgia and better described as follows: Beginning at a point on the existing corporate limits of the City of Thomaston, which point is where the east line of land lot No. 252 intersects the north side of a highway known as State route No. 36, and run thence in a westerly direction along the north side of said State route No. 36 to a point where the north right of way line of State route No. 36 intersects the west line of said land lot No. 252; run thence in a northerly direction along the west line of said land lot No. 252 to the northwest corner of said land lot no. 252; run thence in an easterly direction along the north line of said land lot No. 252 to the northeast corner of said land lot No. 252, which said land lot corner is a point on the existing corporate limits of the City of Thomaston; run thence in a southerly direction along the existing corporate limits of the City of Thomaston, which said existing corporate limits follows along the east line of said land lot No. 252 to the point of beginning. 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. Be it further ordained that this Act shall become effective immediately upon passage hereof. Effective date. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1959 session of the General Assembly of

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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 et seq.) as amended, so as to change and extend the corporate limits of said city and for other purposes. This 11th day of November, 1958. /s/ Johnnie L. Caldwell Representative, Upson County /s/ Talmage B. Echols Representive, Upson County. 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 November 28, 1958, December 12, 1958, and December 26, 1958. Thomaston Publishing Company By: Leon Smith Sworn to and subscribed before me, this 20th day of January, 1959: Dickson Adams Notary Public, Upson County, Georgia My Commission expires March 22, 1962. Approved February 12, 1959.

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CITY OF SAVANNAHPOLICE COURT. No. 23 (House Bill No. 27). An Act to amend the charter of the mayor and aldermen of the City of Savannah and the several Acts amendatory thereof and supplementary thereto incorporating the mayor and aldermen of the City of Savannah and creating and regulating the police court of the City of Savannah; to prohibit the recorder of said court from the practice of law; to amplify certain powers and authority of said recorder; to provide for the salary of said recorder; to provide for the appointment of the clerk of said court and a secretary for the recorder; to authorize the appointment of other officers if needed; to provide for the repeal of conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. Upon and after his qualification and during his tenure in such office, the recorder is prohibited from the practice of law in any way. Practice of law prohibited. Section 2. The recorder of the police court of the City of Savannah is authorized, as he deems suitable and proper for the effective transaction of the business of the court, to adopt, promulgate, amend and enforce rules of practice and procedure in consonance with the constitution and laws of the State of Georgia, to separate the various functions of said court into departments or divisions, and to determine and schedule the days and times of holding sessions of said court. Rules, etc. Section 3. The salary of the recorder of the police court of the City of Savannah shall not be less than $12,500.00 per year. Salary. Section 4. The city manager is directed to appoint, with the consent of and at the request of the recorder, a clerk of said court. The city manager is directed to fix

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his salary and pay it from the city treasury. Said clerk may be an officer of the police department. If he is not, he shall be designated as an employee in the unclassified service of the civil service. If other officers are needed to ensure the proper functioning of said court, the city manager shall appoint same at the direction of the mayor and aldermen. Clerk. Section 5. The recorder of the police court of the City of Savannah shall be authorized and empowered to employ a secretary who shall be designated as an employee in the unclassified service of the civil service of the City of Savannah, and shall be paid such salary by the City of Savannah as may be fixed by said recorder with the approval of the city manager. Secretary. Section 6. All laws and parts of laws in conflict with this Act, shall be and the same are hereby repealed. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Robbie Miller, who on oath deposes and says that she is advertising clerk of the Savannah Press-News, 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 that application will be made at the 1959 session of the General Assembly of Georgia for the passage of a bill to amend the Acts creating and regulating the police court of the City of Savannah; to provide for the services of a full time recorder; to prohibit him from practicing law; to amplify certain of his powers; to provide for his salary; and for the appointment

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of various officers of the police court of the City of Savannah, and for other purposes. E. N. Maner, Jr., City Attorney, Savannah. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of Nov. 24, Dec. 1-8, 1958. Robbie Miller. Sworn to and subscribed before me, this 19 day of Dec., 1958. Miriam E. Korsch, Notary Public, Chatham County, Ga. Georgia, Fulton County. Personally appeared before me, the underisgned authority, duly authorized to administer oaths, Frank S. Cheatham, Jr., who, on oath, deposes and says that he is representative from Chatham County, and that the attached copy of notice of intention to introduce local legislation was published in the Savannah Evening Press, which is the official organ of said county, on the following dates: Nov. 24, Dec. 1 and 8, 1958. Frank S. Cheatham, Jr., Representative, Chatham County. Sworn to and subscribed before me, this 4 day of January, 1959. Jeanne Moon, Notary Public. Approved February 12, 1959.

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TOOMBS COUNTYBOARD OF COMMISSIONERS CREATED. No. 26 (House Bill No. 195). An Act to create a five (5) man board of commissioners of roads and revenues for Toombs County; to provide for commissioner districts; to provide for qualifications, duties, compensation, election and bonds; to provide for the oath of office; to provide for filling vacancies; to provide for jurisdiction; to provide for a county attorney; to provide for road supervision; to provide for records and books; to provide for a quarterly financial statement; to provide for bids; to provide for meetings; to provide for a clerk; to provide for an audit; to provide for sale of county property; to provide an effective date; to provide for a referendum; to repeal an Act creating the office of Commissioner of Roads and Revenue for Toombs County approved March 10, 1933 (Ga. L. 1933, p. 687), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective as hereinafter provided, there is hereby created a board of commissioners of roads and revenues for Toombs County to be composed of five (5) members. Created. Section 2. For the purpose of electing the members of said board, Toombs County is hereby divided into five (5) commissioner districts as follows: Commissioner district No. 1 shall consist of militia districts No. 51 (Vidalia) and No. 1715 (Normantown); commissioner district No. 2 shall consist of militia districts No. 1536 (Lyons) and No. 1192 (Blue Ridge); commissioner district No. 3 shall consist of militia districts No. 1770 (Ohoopee) and No. 39 (Spring Head); commissioner district No. 4 shall consist of militia districts No. 1403 and No. 1521; and commissioner district No. 5

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shall consist of militia districts No. 43 (Cedar Crossing) and No. 1823 (Center). Commissioner districts, qualifications of commissioners. There shall be one member of the board from each of the aforesaid commissioner districts. In order to be eligible to serve on the board from a commissioner district, a person must be a resident of said district. All members, however, shall be voted upon by the voters of the entire county. The person receiving the highest number of votes in each district shall be elected and be the member of the board from said district. Section 3. At the regular time for electing county officers in the year 1960, there shall be elected a member of the board from each of the aforesaid districts who shall take office January 1, 1961 for a term of four (4) years and until their successors are elected and qualified. An election shall be held each four (4) years at the same time as county officers are elected with a purpose of electing successors to the commissioners and all successors shall likewise take office on the first day of January immediately following their election for a term of four (4) years and until their successors are elected and qualified. Terms. Section 4. In order to be eligible to serve as a member of the board, a person must have obtained the age of twenty-one (21), must have resided in Toombs County for five (5) years immediately preceding the term for which he is elected, must be of good moral character and must have had some practical business experience. Qualifications. Section 5. Before entering upon the discharge of their duties, each member shall give bond as good security with a surety company licensed to do business in Georgia, approved by the Ordinary of Toombs County in the sum of $10,000.00 payable to the ordinary of said county and his successor in office. Said bond shall be conditioned for the faithful discharge by the member of his duties in the carrying out of the conditions thereof, which bond may be sued upon in the name of the ordinary either on his own motion or by the direction of the grand

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jury of the county. Each member and his surety shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office as well as for neglect or nonfeasance, which premiums on such bonds shall be paid by Toombs County from county funds. Bonds. Section 6. Each member before entering upon the duties of his office shall make and subscribe to an oath before the ordinary of said county to faithfully discharge his duties and to carry out the provisions of this Act to the best of his ability and knowledge and to the best interest of the entire county of Toombs. Oath. Section 7. The members of the board shall elect their own chairman and vice chairman. Three (3) members of the board shall constitute a quorum for the conducting of the business of the board. The chairman shall be compensated in the amount of $600.00 per annum, to be paid in equal monthly installments from the funds of Toombs County. Each of the other members of the board shall be compensated in the amount of $300.00 per annum, to be paid in equal monthly installments from the funds of Toombs county. All members of the board shall be reimbursed for actual expenses incurred while outside Toombs County on business of the county. The chairman of the board shall sign all checks issued by the board and the clerk of the board provided for hereinafter shall countersign such checks. Chairman, quorum, salaries, etc. Section 8. In the event of a vacancy on the board for any reason other than expiration of a term of office, the remaining members of the board shall appoint a person to fill the vacancy until the next general election at which the members of the General Assembly from Toombs County are elected. The person so appointed to fill such vacancy must be a resident of the district in which the vacancy occurs and must meet the other qualifications provided herein for membership on the board. At the next general election at which members of the General Assembly are elected, it shall be the duty of the ordinary to hold and conduct an election to fill the vacancy for the unexpired term, and such election

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shall be conducted under the same rules and regulations as regular elections for commissioners are held. In the event the next general election is the one at which regular members are to be elected, the person so appointed shall serve for the unexpired term and no election to fill the vacancy shall be conducted. Vacancies. Section 9. The board shall have and exercise all the powers which were vested by law in the judges of the inferior courts and in the ordinary when sitting for county purposes as well as all the powers and authority which were vested by law in the commissioner of roads and revenue of Toombs County, and the board is hereby expressly given complete power, authority and control relative to county matters of Toombs County. Powers. Section 10. The board shall have authority to employ a competent attorney at law to advise the board and to represent the county in any litigation which may arise in which said county is a party. Said attorney shall be designated as the county attorney. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney and may also compensate the county attorney in additional amounts for litigation in which the county is involved. Attorney. Section 11. The board shall have entire control and management of any convicts which are sentenced to work upon the roads or other works of said county and any and all convicts of this State assigned to Toombs County by the proper State authorities. The board is hereby authorized to employ a maintenance superintendent to supervise the construction and maintenance of roads and other public works of Toombs County and to supervise the work of aforesaid convicts. The board shall fix the compensation of the maintenance superintendent. Public works camp. Section 12. The board shall have and maintain an office at the courthouse for the transaction of business and the clerk of the board, provided for hereinafter, shall keep said office open each day during the usual office

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hours, Sundays and holidays excepted, and the board may also authorize said office to be closed for one-half additional day each week. During such office hours, the books and other public records of the board, which shall be in said office, and under the custody and control of the board, shall be subject to reasonable inspection by any citizen of Toombs County provided such inspection shall be so conducted as to not seriously interrupt or impede any such business of said office. Office, records, etc. Section 13. The board shall keep a proper and accurate book of minutes, wherein shall appear all orders and proceedings with reference to county matters. The board shall also keep a complete and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn on the county treasury or depository, stating the purpose for which drawn and the fund on which it is drawn. The board shall also keep a book in which shall be recorded in itemized form all articles or things of whatever kind purchased by the board for the use and consumption of and by any department of the county government, giving the name of the article, the date when purchased, from whom purchased, the price paid therefor, and for which department purchased and used. The board shall also keep a cash book in which shall be entered daily any cash item received by the board, the person, firm or corporation from whom received and for what purpose received. The board shall also keep a record separate from all other financial affairs of the county of all expenditures on account of the convict labor of the county including supplies, equipment, expenses, and the payment of wardens, guards, and other similar personnel. The board shall also keep a book of inventory of all county property including, but not limited to, road machinery, livestock, road working tools, and all other types and classes of property belonging to the county, together with a fair evaluation of the same, where located, the person in whose custody it is, and in what condition it is. Said inventory shall be carefully revised each year. The board shall also keep such other books and records as may be necessary. All road machinery, vehicles, and other equipment, which may

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be so identified, shall be marked and identified with the words Property of Toombs County or Toombs County. The books and records described herein and all other books and records shall be so kept as to show at all times the financial condition of the county and shall be open to the reasonable inspection of the citizens of Toombs County who may be interested in the same. The board is hereby authorized to delegate the duties prescribed in this section to the clerk of the board, provided for hereinafter. Minutes, records, etc. Section 14. On or before the fifteenth day of July, 1961, and on or before the fifteenth day of the first month of each quarter thereafter, the board shall prepare an itemized statement showing all amounts collected and expended on behalf of the county during the preceding quarter. Said statement shall show the balance of cash on hand at the beginning of the preceding quarter and at the end of the preceding quarter. It shall also show any existing obligations made during such quarter. The members of the board shall verify said statement by an affidavit as follows: Quarterly statements. We, the undersigned members of the board of commissioners of roads and revenues of Toombs County, do solemnly swear that the attached is a full and true statement of the monetary transactions of the board during the quarter ending; and that we have not received any rebate, directly or indirectly, on any transactions, nor have we personally profited or known of any illegal profit to anyone through any such transaction; so help us God. Signed..... Member, board of commissioners of roads and revenues of Toombs County. Signed..... Member, board of commissioners of roads and revenues of Toombs County.

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Signed..... Member, board of commissioners of roads and revenues of Toombs County. Signed..... Member, board of commissioners of roads and revenues of Toombs County. Signed..... Member, board of commissioners of roads and revenues of Toombs County. Sworn to and subscribed before me, this the.....day of.....19..... ..... Notary Public The board shall cause to be erected a bulletin board in the rotunda of the courthouse and shall post the aforesaid statement on the bulletin board where it shall remain for at least one week. Section 15. It shall be unlawful for the board to contract with any person who is related to any member of the board within the third degree either by blood or marriage for any equipment, material or supplies or for any work to be done on the public roads, bridges or other work for the county, except when bids are received for equipment, material or supplies or for work to be done on the public roads, bridges or other work of the county upon full specification and due advertisement thereon and the person related to the member submits a bid which is the lowest bid therefor. Posting of a notice on the bulletin board at the courthouse for ten (10) days, or publication in one issue of the official organ of the county shall be deemed to be due advertisement. The board shall have the right, however, to reject any and all bids. It shall also be unlawful for any

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member of the board to have any financial interests in the sale or purchase of any equipment, material or supplies to or from the county, or to receive any rebate expenses or other consideration of any kind in connection with, or thorugh, the sale or purchase of any equipment or supplies to or from the county or the awarding of any contract by said county. Any member of the board who violates any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. He shall also forfeit his office and such conviction shall create a vacancy in the office and shall be filled as provided for the filling of other vacancies. Contracts. Section 16. No equipment, material or supplies in the amount of $100.00 or more shall be purchased by the board for the county, except upon competitive sealed bid after advertisement as provided in the preceding section. Such advertisement shall contain specifications as to the equipment, material or supplies desired to be purchased and any such equipment, supplies and material failing to meet specifications shall be rejected by the board. The lowest bid received shall be accepted by the board, in the event such bid meets specifications. The board shall also have the right to reject any and all bids. Contracts. Section 17. The board shall meet on the first Tuesday in each month and such meeting may be adjourned from day to day until all pending business may be disposed of. The board shall likewise meeet at such other times as may be designated by the chairman or by a majority of the members of the board. Meetings. Section 18. The board shall employ a competent clerk and fix the compensation therefor not to exceed $250.00 per month. Such compensation shall be paid from county funds. The clerk shall be a person able to keeep the books of the board. The clerk shall keep the minutes of the board and shall perform any duties prescribed in this Act and such duties as may be delegated by the board, or prescribed by the board. The clerk shall give bond in the amount of $25,000.00 subject to the same

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conditions and under the same procedure as prescribed for the bonds of the members of the board. The premium on said bond shall be paid from the funds of the county. The clerk shall serve at the pleasure of the board. Clerk. Section 19. Be it further enacted by the authority aforesaid that the grand jury sitting at the August term of court in each year shall appoint a certified public accountant or a firm of certified public accountants to audit, for the next succeeding fiscal year of Toombs County, which shall be from the first day of January to the last day of December inclusive, all the books and accounts of the county, including the tax receiver, tax collector, tax commissioner, treasurer or depository, sheriff, superintendent of schools and especially of the board of commissioners of roads and revenues and any of the officers or persons receiving or disbursing county funds. Said accountant or accountants 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 board of commissioners of roads and revenues. Said accountant or 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 the findings to the judge of the superior court of the 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 shall provide for the publication of said report in the official organ of the county. The cost of such publication shall be paid from county funds but no more than the legal rate for advertising shall be paid. No accountant or firm of accountants shall be so employed who shall be in any way related to or have 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 for their services;

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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 board of commissioners of roads and revenues to provide for the paying of said accountant or accountants for such services, upon the written approval of the foreman of the grand jury making the appointment, together with the judge of the superior court. Audits. Section 20. Whenever the board deems it advisable or necessary that any property belonging to said county be sold, it shall sell the same, after due advertisement in the official organ of the county, at public outcry to the highest bidder for cash before the courthouse door. Sale of property. Section 21. Not less than 20 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Toombs County to issue the call for an election for the purpose of submitting this Act to the voters of Toombs County for approval or rejection. The ordinary shall set the date of such election for a day not less than 20 nor more than 30 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Toombs County. The ballot shall have written or printed thereon the words: For approval of the Act creating a five (5) man board of commissioners of roads and revenues for Toombs County, effective at the end of the term of office of the present one (1) man commissioner, and creating five (5) commissioner districts. Referendum. Against approval of the Act creating a five (5) man board of commissioners of roads and revenues for Toombs County, effective at the end of the term of office of the present one (1) man commissioner, and creating five (5) commissioner districts.

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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 less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Toombs County. It shall 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 22. In the event this Act is approved in the referendum, provided for hereinbefore, the commissioners shall be elected as provided for hereinbefore at the general election in 1960. The Act creating the office of commissioner of roads and revenues for Toombs County, approved March 10, 1933 (Ga. L. 1933, p. 687), as amended, is hereby repealed, but the one man commissioner shall continue to operate thereunder until the end of his present term December 31, 1960, and on January 1, 1961, all the provisions of this Act relating to the five (5) man board, as well as the referendum provision hereinbefore and the provisions relating to the elections in 1960, shall become of full force and effect. Effective date. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. To the Citizens of Toombs County: This is to advise you that it is my intention to introduce at the 1959 session of the State Legislature a bill changing our form of county commissioner government from a sole commissioner, as set up by an Act of the Legislature in 1933, page 687, to a five man commissioner form of government. Said bill will carry with it

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a provision for a referendum, giving to you a right to choose the form of government you think best. This December 30, 1958. R. E. Saffold, Representative Elect, Toombs County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. E. Saffold, 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 The Lyons Progress, which is the official organ of said county, on the following dates: January 2, January 9 and January 16, 1959. R. E. Saffold, Representative, Toombs County. Sworn to and subscribed before me, this 27 day of Jan., 1959. Sarah C. Baker (Seal) Notary Public. Approved February 13, 1959. TOOMBS COUNTYQUARTERLY STATEMENTS, ANNUAL AUDITS. No. 27 (Senate Bill No. 45). An Act to amend an Act creating the office of commissioner of roads and revenue for Toombs County approved March 10, 1933 (Ga. L. 1933, p. 687), as amended particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 3202) so as to provide that the fiscal year for Toombs County shall correspond to

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the calendar year; to provide that the grand jury of Toombs County for the August term shall appoint the accountant or accountants to audit the books of the county for the coming year; to provide that the quarterly itemized statements shall be posted on the bulletin board by the commissioner; to provide that the financial report shall be published in the official organ of the 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 for Toombs County approved March 10, 1933 (Ga. L. 1933, p. 687), as amended particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 3202) is hereby amended by striking the last paragraph of section 14 which reads as follows: Said statement shall be published in the official gazette of said county, provided the commissioner can arrange for its publication at a price not to exceed $2.00 per 100 words. If the commissioner cannot obtain the publication of said account or statement at said price by the official paper of the county, then he shall erect a bulletin board in the rotunda of the court house in view of the general public, and post such statement thereon. and inserting in lieu thereof a new paragraph to read as follows: The commissioner shall erect a bulletin board in the rotunda of the court house and shall post the aforesaid statement on the bulletin board where it shall remain for at least one week. so that when so amended section 14 shall read as follows: Section 14. Be it further enacted by the authority aforesaid, that said commissioner, at the beginning of the second quarter of this act, to wit, the first week in July, shall make up an itemized statement showing all amounts collected and expended on behalf of the county

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during the preceding quarter. And each quarter thereafter such statements to be made up and published of the preceding quarter as herein directed. Said statement shall show the balance of cash on hand at the beginning of the preceding quarter and at the end of the preceding quarter; also such outstanding obligations as he or his predecessors shall have made. He shall verify said statement by affidavit as follows: Quarterly statements. I,..... commissioner of roads and revenue of Toombs County, Georgia, do solemnly swear that the above is a full and true statement of the monetary transactions of my office for the quarter ending.....; and that I have not received any rebate, directly or indirectly whatsoever, nor have I personally profited or known of any illegal profit to anyone whomsoever through any transaction of my office; so help me God. Signed..... Sworn to and subscribed before me, this the.....day of.....19....., Notary Public The Commissioner shall erect a bulletin board in the rotunda of the court house and shall post the aforesaid statement on the bulletin board where it shall remain for at least one week. Section 2. Said Act is further amended by striking section 21 in its entirety and inserting in lieu thereof a new section 21 to read as follows: Section 21. Be it further enacted by the authorized aforesaid that the Grand Jury sitting at the August term of court in each year shall appoint a certified public accountant or a firm of certified public accountants to audit, for the next succeeding fiscal year of Toombs County which shall be from the first day of January to the last day of December inclusive, all the books and

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accounts of the county, including the tax receiver, tax collector, tax commissioner, treasurer or depository, sheriff, superintendent of schools and especially of the commissioner of roads and revenue, and any of the officers or persons receiving or disbursing county funds. Said accountant or accountants 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 accountant or 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 the findings to the judge of the superior court of the 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 shall provide for the publication of said report in the official organ of the county. The cost of such publication shall be paid from county funds but no more than the legal rate for advertising shall be paid. No accountant or firm of accountants shall be so employed who shall be in any way related to or have 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 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 such services, upon the written approval of the foreman of the grand jury making the appointment, together with the judge of the superior court. Audits. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Approved February 13, 1959. Affidavit and copy of advertisement attached to Enrolled Act. CITY OF ATLANTAOFFICE OF JUDGE EMERITUS OF MUNICIPAL COURT OF ATLANTA CREATED. No. 30 (House Bill No. 149). An Act to amend an Act creating a new charter for the City of Atlanta approved February 28, 1874 and the several Acts amendatory thereof; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the said Act described in the captain hereof be amended as follows: Section 1. There is hereby created the position of judge emeritus of the Municipal Court of Atlanta. The chief general judge of the Municipal Court of Atlanta now presiding shall be eligible for and shall be appointed judge emeritus when he shall retire as chief general judge if and when he applies for such appointment. He shall have the privilege of continuing to serve in such position the remainder of his life or until he shall resign, at which time the office hereby created shall terminate. Section 2. Such judge emeritus in addition to his pension, shall be paid an annual salary of two thousand four hundred dollars which may be divided into monthly or semi-monthly payments. Such judge emeritus shall continue to have all the power and authority of a judge of said municipal court and shall serve as such when requested to do so by any active judge who is disqualified to try any case which has been assigned to him.

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Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 4. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice, as required by law, are attached hereto and made a part of this bill, and it is hereby declared that all 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 22, 29th days of December, 1958, and on the 5, 12th days of January, 1959 as provided by law. Frank Kempton. 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 1959 session of the General Assembly of Georgia, which convenes on Monday, January 12, 1959, 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.

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This December 18, 1958. City of Atlanta By: J. C. Savage City Attorney Subscribed and sworn to before me, this 16th day of January, 1959. Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1959. (Seal) Approved February 17, 1959. CITY OF ALBANYEMPLOYEES PENSION FUND ACT AMENDED. No. 47 (House Bill No. 44). An Act to amend an Act approved February 16, 1943 (Ga. L. 1943, p. 1154) entitled an Act to provide and empower the City of Albany, Georgia; to furnish aid and relief and to grant pensions to all employees of said city and for other purposes, and an Act amendatory thereof approved February 4, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 2098), so as to provide that the Board of Trustees of the pension fund of the City of Albany and said city may employ and pay agents, employees and experts, to provide investment powers for the Board of Trustees of the City of Albany Pension Fund, and to provide that said city may make contributions to the fund in excess of the amount contributed by the employees, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That section 4 of the Act. No. 105 of 1943, approved February 16, 1943 (Ga. L. 1943, p. 1154) be

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amended by adding at the end of said section the following sentence: Said trustees and said city are authorized to employ agents, employees or experts to assist said Board of Trustees in carrying out the provisions of this Act, including an agent to advise and make recommendations concerning the investment of funds, and to pay reasonable compensation for such services, which compensation may be paid from income or corpus of the pension fund or from city funds, as the trustees and the governing body of said city may determine. Any agent so engaged for purpose of advising and making recommendations concerning investments must be a duly chartered national bank or trust company having a combined capital and surplus of at least $20,000,000. Agents of Board of Trustees. Section 2. Said Act No. 105 of 1943, approved February 16, 1943 (Ga. L. 1943, p. 1154) is hereby amended by striking section 8 thereof in its entirety and inserting a new section 8 which shall read as follows: Section 8. Money in the pension fund which in the judgment of the Board of Trustees is not needed for immediate use may be invested and reinvested in United States, Georgia, or municipal bonds, but not otherwise, except as provided herein. Money in the pension fund which in the judgment of the Board of Trustees is not needed for immediate use may be invested and reinvested in such other type bonds, stocks and securities to such extent and as might be recommended in writing by any national bank or trust company having a combined capital and surplus of at least $20,000,000 as said board may deem best without regard to any law now or hereafter in force limiting the investments for trustees. The said Board of Trustees may from time to time change the investments of said fund and to this end may make sales of any investment privately, without advertisement and without the necessity of any order of court, upon such terms as the board deems proper. Investments. Section 3. That section 5 of said Act No. 105 of 1943

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approved February 16, 1943 (Ga. L. 1943, p. 1154) as amended by Act No. 27 of the January-February Session of the General Assembly of 1953, approved February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2098) is hereby stricken and deleted in its entirety, and in lieu thereof is hereby inserted a new section 5 which shall read as follows: Section 5. The City of Albany, Georgia, is authorized and empowered to levy and collect a tax not to exceed 5% on the salaries of all its employees in all departments covered by the terms of this Act, provided however, this tax shall apply only to so much of the compensation of any employee as is not in excess of $300 for any calendar month, and the city treasurer or some other authorized person shall retain such sums from the salaries of said employees. Said City of Albany is authorized and empowered to levy a tax on all taxable property of said city ad valorem, and to use other available fund of the city for the purpose of paying said pensions and other benefits under the pension system, and for making the payments and contributions into the pension fund as hereinafter provided. Said city shall contribute to the pension fund an amount equal to all revenue raised or received from city employees by reason of the tax herein levied against the salaries of said employees, and in addition is authorized and empowered to make a contribution each year to said pension fund not to exceed $20,000.00 in any calendar year, the amount within said limits to be determined by the board of city commissioners of said city; but if no such contribution is made in any year, the amount which said city may contribute to said fund may be, in the discretion of said board of city commissioners, cumulative. All of said funds shall be turned over to the city treasurer, and shall be kept in a separate fund and disbursed under the terms of the Act, and all valid ordinances passed and adopted in pursuance thereof; provided, however, said funds and investments may also be from time to time turned over to and placed in the custody of any bank or trust company which is, at the time, serving as fiscal agent or expert for said city. Contributions by employees and city.

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Section 4. That all laws and parts of laws in conflict with this Act be, and the same hereby are, repealed. Notice of Proposed Legislation. Notice is hereby given that the undersigned intend to apply for the passage of a bill at the 1959 session of the General Assembly of Georgia to be entitled an Act to amend an Act approved February 16, 1943 (Ga. L. 1943, p. 1154) entitled an Act to provide and empower the City of Albany, Georgia, to furnish aid and relief and to grant pensions to all employees of said city and for other purposes, and an Act amendatory thereof approved February 4, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 2098), so as to provide that the Board of Trustees of the pension fund of the City of Albany and said city may employ and pay agents, employees and experts, to provide investment powers for the Board of Trustees of the City of Albany Pension Fund, and to provide that said city may make contributions to the fund in excess of the amount contributed by the employees, and for other purposes. This 9th day of December, 1958. George D. Busbee, Colquitt H. Odom, State Representatives, Dougherty County. Georgia, Fulton County: Personally appeared before me, the undersigned officer, duly authorized to administer oaths, George D. Busbee, and Colquitt H. Odom, who, on oath, depose and say that they are the representatives from Dougherty County, and that they are the authors of the proposed bill to which this affidavit is attached, and that the foregoing and 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: December 12, 19, 26, 1958. George D. Busbee, Colquitt H. Odom.
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Sworn to and subscribed before me, this 16th day of January, 1959. Janette Hirsch, Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. (Seal) Approved February 18, 1959. BALDWIN COUNTYELECTION OF COUNTY COMMISSIONERS. No. 48 (House Bill No. 29). An Act to amend an Act creating a board of county commissioners from Baldwin County, approved December 6, 1888 (Ga. L. 1888, p. 286), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 3302), so as to change the time of electing the commissioners; to provide that no election for county commissioners shall be held prior to sixty days before the commissioners elected at such election shall take office; 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 from Baldwin County, approved December 6, 1888 (Ga. L. 1888, p. 286), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 3302), is hereby amended by striking subsection (b) of section 1 in its entirety and in lieu thereof inserting the following: Section 1 (b). The incumbent members of the board shall serve for a term ending June 30, 1961, and until their successors are elected and qualified. Future members of the board shall be elected for a term of four years and until their successors are elected and qualified. Successors

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to the incumbent members of the board shall be elected at a special election held not less than thirty days nor more than sixty days prior to July 1, 1961 and each four years thereafter. The members of the board so elected shall take office on July first of the year following their election. The person from 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. 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, the official gazette of Baldwin County, who deposes and

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says that the notice of intention to introduce local legislation was published and did appear in the issue of The Union-Recorder Dec. 25, 1958 and Jan. 1, 8, 1958. Jere N. Moore. Sworn to and subscribed before me, this 10th day of January, 1959. Jere M. Power, Notary Public, Baldwin Co., Ga. 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 1959 session of the General Assembly of Georgia, a bill to change the time for electing members of the Board of Commissioners of Roads and Revenues for Baldwin County and the procedure connected therewith; and for other purposes. This 23 day of December, 1958. Culver Kidd, Philip Chandler, Representatives, Baldwin County. Approved February 18, 1959. NAME OF TOWN OF SHELLMAN CHANGED TO CITY OF SHELLMAN. No. 49 (House Bill No. 49). An Act to amend an Act approved July 30, 1908 (Ga. L. 1908, p. 915), as amended, containing the charter of the Town of Shellman, so as to change the name of said town to the City of Shellman; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act approved July 30, 1908 (Ga. L. 1908, p. 915), as amended, containing the charter of the Town of Shellman, is hereby amended by striking from said Act where the same shall appear, the words Town of Shellman and inserting in lieu thereof the words City of Shellman, 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 of Shellman shall henceforth be known as the City of Shellman. The City of Shellman shall succeed to and be subject to all the rights, powers, obligations and liabilities of the Town of Shellman. 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 1959 session of the General Assembly of Georgia, a bill to change the name of the Town of Shellman to the City of Shellman; and for other purposes. This 18th day of December, 1958. Dell Bowen, Representative, Randolph County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dell Bowen, who, on oath, deposes and says that he is representative from Randolph County, and that the attached copy of notice of intention to introduce local legislation was published in the The Cuthbert Times, which is the official organ of said county, on the following dates: December 23, 1958, January 1 and January 8, 1959. A. Delbert Bowen, Representative, Randolph County.
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Sworn to and subscribed before me, this 19 day of Jan., 1959. Janette Hirsch, Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. (Seal). Approved February 18, 1959. RANDOLPH COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 50 (House Bill No. 48). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Randolph, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved March 11, 1943 (Ga. L. 1943, p. 1103), so as to change the compensation of the member 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 a board of commissioners of roads and revenues for the County of Randolph, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved March 11, 1943 (Ga. L. 1943, p. 1103), is hereby amended by striking section 19 in its entirety and inserting in lieu thereof a new section 19, to read as follows: Section 19. Be it further enacted by the authority aforesaid that each member of the board shall be compensated in the amount of $25.00 per month plus $4.00 per meeting. The chairman of the board shall also receive an additional $4.00 per month for performing the additional duties connected with the office of chairman. The compensation provided herein shall be paid from the

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funds of Randolph County on an order drawn by the board and signed by the chairman and the clerk. The commissioners shall be subject to prosecution for mal-practice in office in the same manner as justices of the peace and shall be exempt from road, jury and militia duty. 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 in which it otherwise becomes law. 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 1959 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 Randolph County; and for other purposes. This 18th day of December, 1958. Dell Bowen, Representative, Randolph County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dell Bowen, who, on oath, deposes and says that he is representative from Randolph County, and that the attached copy of notice of intention to introduce local legislation was published in the The Cuthbert Times, which is the official organ of said county, on the following dates: December 23, 1958, January 1 and January 8, 1959. A. Delbert Bowen, Representative, Randolph County.
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Sworn to and subscribed before me, this 19 day of January, 1959. Janette Hirsch, Notary Public, Georgia, State at Large. My Commission expired October 4, 1960. (Seal) Approved February 18, 1959. CITY OF ST. MARYSAUTHORITY TO ABANDON CERTAIN STREETS. No. 54 (House Bill No. 65). An Act to authorize and empower the City of St. Marys, Georgia to abandon and close by ordinance the following portions of city streets: Ready Street from Gallop to Boundry; Osborne Street from State highway No. 40 to Liberty; St. Patrick Street from Ready to Osborne; Liberty Street from Ready to Osborne; Fleming Street from Ready to Osborne; Finley Street from Ready to Osborne; Union Street from Ready to Osborne; North Street from Ready to Osborne; to authorize and empower the city to execute and deliver its deed conveying the title to corporations, boards and individuals owning adjacent lands; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The mayor and aldermen of the City of St. Marys, Georgia are hereby authorized and empowered to permanently close, abandon and abolish those certain portions or sections of the following streets in said city, to wit: Ready Street from Gallop to Boundry; Osborne Street from State highway No. 40 to Liberty; St. Patrick Street from Ready to Osborne; Liberty Street from Ready to Osborne; Fleming Street from Ready to Osborne; Finley Street from Ready to Osborne; Union

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Street from Ready to Osborne; North Street from Ready to Osborne. Section 2. The City of St. Marys is hereby authorized and empowered to execute and deliver its deeds conveying the title of the above-mentioned portions of city streets to corporations, boards and individuals owning adjacent lands. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Camden County. Notice of Intention to Seek Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its January, 1959 session for the passage of local legislation, the title of such bill is to be as follows: An Act to authorize and empower the City of St. Marys, Georgia, to abandon and close by ordinance the following portions of city streets: Ready Street from Gallop to Boundry; Osborne Street from State highway No. 40 to Liberty; St. Patrick Street from Ready to Osborne; Liberty Street from Ready to Osborne; Fleming Street from Ready to Osborne; Finley Street from Ready to Osborne; Union Street from Ready to Osborne; North Street from Ready to Osborne; to authorize and empower the city to execute and deliver its deed conveying the title to corporations, boards and individuals owning adjacent lands; and for other purposes. This 4th day of December, 1958. J. H. Dykes, Mayor, City of St. Marys, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Odom, who, on oath, deposes and says that he is representative

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from Camden County, and that the attached copy of notice of intention to introduce local legislation was published in the Southeast Georgian, which is the official organ of said county, on the following dates: January 1st, 8th, 15th, 22nd, 1959. John D. Odom, Representative, Camden County. (Seal) Sworn to and subscribed before me, this 19 day of Jan., 1959. Janette Hirsch, Notary Public. Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. Approved February 18, 1959. SCHLEY COUNTYPUBLICATION OF STATEMENT OF DISBURSEMENTS. No. 55 (House Bill No. 262). An Act to amend an Act creating a board of commissioners of roads and revenue in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, approved December 13, 1871 (Ga. L. 1871-72, p. 225), as amended, particularly by an Act relating to Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), so as to provide for the publication of a statement of expenditures and disbursements by a board of commissioners of roads and revenue of Schley County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenue in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, approved December

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13, 1871 (Ga. L. 1871-72, p. 225), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 2229), relating to Schley County, is hereby amended by adding a new section, to be known as section 1A, to read as follows: Section 1A. A board of commissioners of roads and revenue of Schley County shall publish in the official organ of said county, a monthly statement of expenditures and disbursements, showing the number of checks issued, the amount of each such check, and to whom each such check was issued. Said statement shall be published by the tenth day of the following month to cover the preceding month. 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 1959 session of the General Assembly of Georgia, a bill to provide for the publication of itemized financial statements by the county commissioners of Schley County; and for other purposes. This the 8th day of January, 1959. B. E. Pelham, Representative, Schley County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. E. Pelham, who, on oath, deposes and says that he is representative from Schley County, and that the attached copy of notice of intention to introduce local legislation was published in the Ellaville Sun, which is the official

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organ of said county, on the following dates; January 8, January 15 and January 22, 1959. B. E. Pelham, /s/ B. E. Pelham, Representative, Schley County. Sworn to and subscribed before me, this 29 day of Jan., 1959. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 18, 1959. NAME OF TOWN OF GRANTVILLE CHANGED TO CITY OF GRANTVILLE. No. 56 (House Bill No. 62). An Act to amend an Act creating a charter for the Town of Grantville, approved August 1, 1912 (Ga. L. 1912, p. 925), so as to change the name of the Town of Grantville to the City of Grantville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the Town of Grantville, approved August 1, 1912 (Ga. L. 1912, p. 925), is hereby amended by striking from said Act wherever the same shall appear, the words Town of Grantville and inserting in lieu thereof the words City of Grantville, 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 of Grantville shall henceforth be known as the City of Grantville. The City of Grantville shall succeed to and be subject to all

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the rights, powers, obligations and liabilities of the Town of Grantville. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. All persons concerned are hereby notified that the Town of Grantville intends to apply for legislation at the next meeting of the legislature of the State of Georgia to amend the charter of the Town of Grantville (granted by Act approved July 25, 1912) to change the name of said town to City of Grantville. This December 10, 1958. Mayor and Council of Town of Grantville. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry N. Payton, who, on oath, deposes and says that he is representative from Coweta County, and that the attached copy of notice of intention to introduce local legislation was published in the Newnan Times Herald, which is the official organ of said county, on the following dates: Dec. 11th 18th and 25th, 1958. Henry N. Payton, /s/ Henry N. Payton, Representative, Coweta County. Sworn to and subscribed before me, this 19th day of Jan., 1959. John Tye Ferguson, /s/ John Tye Ferguson, Notary Public. My Commission Expires Oct. 10, 1961. (Seal) Approved February 18, 1959.

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CAMDEN COUNTYACT PLACING CERTAIN OFFICERS ON SALARY BASIS AMENDED. No. 57 (House Bill No. 66). An Act to amend an Act placing certain county officials of Camden County on a salary basis in lieu of a fee basis, approved March 5, 1957 (Ga. L. 1957, p. 2307) so as to provide that the Act shall not be construed to exclude payment of accrued insolvent funds; to authorize and direct the Commissioners of Roads and Revenues of Camden County to pay said officers affected any and all accrued insolvent costs in the insolvent fund as of the effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act placing certain county officials of Camden County on a salary basis in lieu of a fee basis, approved March 5, 1957 (Ga. L. 1957, p. 2307) is hereby amended by adding a new section after section 6 to be known as section 6A and to read as follows: Section 6A. This act shall not be construed to exclude payment of accrued insolvent funds. The Commissioners of Roads and Revenues of Camden County are authorized and are hereby directed to pay to said officers affected any and all accrued insolvent costs in the insolvent fund as of the effective date of this act. Section 2. All laws and parts of law in conflict with this Act are hereby repealed. Intended Legislation. An Act to amend an Act setting up the salary system for certain county officials in Camden County and for other purposes by adding a new paragraph to Georgia Laws 1957 Vol. 2, page 2307, to read as follows: This act shall not be construed to exclude payment of accrued insolvent funds.

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The Commissioners of Roads and Revenues of Camden county are authorized and are hereby directed to pay to said officers affected any and all accrued insolvent costs in the insolvent fund as of the effective date of this Act. John D. Odom, Representative, Camden County, Georgia. Sworn to and subscribed before me this 2nd day of December, 1958. Elaine M. Marr, Notary Public, Georgia, State at Large. My commission expires Oct. 11, 1962. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Odom, who, on oath, deposes and says that he is representative from Camden County, and that the attached copy of notice of intention to introduce local legislation was published in the Southeast Georgian, which is the official organ of said county, on the following dates: December 4, 11, 18. John D. Odom, Representative, Camden County. Sworn to and subscribed before me this 19 day of January, 1959. Janette Hirsch, Notary Public. Approved February 18, 1959.

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SOLICITATION OF VOTES WITHIN 150 FEET OF ANY VOTING PLACE PROHIBITED IN CERTAIN COUNTIES. No. 58 (House Bill No. 22). An Act to prohibit the solicitation of votes by any means or methods for any person or proposition on any election day within a specified distance of any voting place; to provide a penalty for violation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties within this State having a population of not less than 150,000 nor more than 300,000, according to the 1950 United States census, or any future United States census, no person shall solicit votes in any manner or by any means or method, nor shall any person by any means or device, distribute or display any campaign literature, booklet, pamphlet, card, sign, or any written or printed matter of any kind, in support of any person, party or proposition, in any election or primary, including municipal, county, State and national, within one hundred fifty (150) feet of any voting place. Counties where applicable. Section 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1959.

Page 2046

TOWN OF BALDWINCOUNCIL MEETINGS. No. 59 (House Bill No. 77). An Act to amend an Act creating a new charter for the town of Baldwin in the counties of Banks and Habersham, approved August 3, 1923 (Ga. L. 1923, p. 448), as amended, so as to change the regular monthly meetings of the mayor and council from the first Friday in each month to the first Thursday in each month; 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 Baldwin in the counties of Banks and Habersham, approved August 3, 1923 (Ga. L. 1923, p. 448), as amended, is hereby amended by striking from section 20 the word Friday and inserting in lieu thereof the word Thursday so that section 20 of said Act as amended shall read as follows: Section 20. Be it further enacted by the authority aforesaid, That the regular monthly meetings of the said mayor and council shall be held on the first Thursday in each month, the time of day or night to be fixed by said mayor and council and by ordinance, and the said mayor and council shall meet as often as may be necessary in special session to transact business for said town, and they shall have power to adjourn over any regular session to some future date. Said meeting of council shall be held in the council chamber. 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 1959 session of the General Assembly of Georgia, a bill to amend an Act incorporating the Town of Baldwin, located in the counties of Habersham and Banks, approved August 3, 1923, changing the time of the

Page 2047

regular monthly meeting of the Mayor and Council from the first Friday in each month to the first Thursday in each month. This, the 6th day of December, 1958. Thomas T. Irvin, Representative, Habersham County. Georgia, Habersham County. The undersigned does hereby certify that he is publisher of the Tri County Advertiser, a newspaper in which sheriff's advertisements for Habersham County are published, and that an exact copy of the above notice was published in the Tri County Advertiser on December 11, 18, 25, 1958 and January 1 and 8, 1959. This the 17 day of January, 1959. Chas. T. Graves, Publisher. Sworn to and subscribed before me this 17 day of January, 1959. Glenn W. Ellard, Notary Public. Seal. Approved February 18, 1959. CATOOSA COUNTYCOMPENSATION OF ORDINARY AND CLERK OF SUPERIOR COURT. No. 62 (House Bill No. 310). An Act to change the compensation of the ordinary and the superior court of Catoosa County from the fee system to the salary system; to provide the procedure in connection therewith; to provide for the disposing of fees; to provide for compensation for clerical help; to

Page 2048

provide an effective date; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the ordinary and the clerk of the superior court of Catoosa County which is now based on a fee system is hereby abolished and the officers herein named shall hereafter be paid salaries as herein provided. The said officers in addition to the salaries herein provided, shall receive the sums herein provided for the payment of clerical help necessary for the performance of the duties of their respective offices. All fees, costs, percentages forfeitures, penalties and 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 an officer named shall be received and diligently collected by said officers for the sole use of Catoosa County and shall be held as public funds belonging to Catoosa County and accounted for and paid over to the county treasurer on the first Tuesday in each month at which time an itemized statement shall be made by the officers to show such collections and sources from which collected and the county treasurer of Catoosa County shall keep a separate account showing collections and the source from which they are paid. Salary basis, disposition of fees. Section 2. The salaries of the said county officers shall be as follows: The Ordinary $7,000.00 per annum Clerk of Superior Court $7,000.00 per annum All salaries payable under this Act shall be paid in equal monthly installments. Section 3. The allowance to be paid for clerical help shall be: Clerical help for the Ordinary $2,400 per annum Clerical help for the Clerk of Superior Court $3,000 per annum Clerical help.

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All allowances payable under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the ordinary shall be related to said ordinary closer than the fifth degree of consanguinity or affinity. No person performing such clerical help for the clerk of the superior court shall be related to said clerk closer than the fifth degree of consanquinity or affinity. Section 4. This Act shall become effective upon approval of said Act. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Catoosa County Personally appeared before me, an officer duly authorized by law to administer oaths, Ned Lee, who, being duly sworn, deposes and states that he is editor of The Catoosa County News, a paper of general circulation and the one in which sheriff's advertisements are published in Catoosa County Georgia and the above notice of intention to ask for local legislation was published in The Catoosa County News on the dates of January 8, 15 and 22, 1959. Ned Lee, /s/ Ned Lee, Sworn to and subscribed before me, this 27 day of January 1959. /s/ John L. Moreland, Notary Public. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1959 session of the General Assembly of Georgia, a Bill to provide for compensation for the ordinary and the clerk of superior court of Catoosa County; to abolish the present fee system as compensation for said

Page 2050

offices; to provide compensation for clerical help and for other purposes. This 5th day of January, 1959. John W. Love, Jr., Representative, Catoosa County. Approved February 20, 1959. GORDON COUNTYCOUNTY DEPOSITORIES ACT AMENDED. No. 63 (House Bill No. 417). An Act to amend an Act approved August 7, 1915 (Ga. L. 1915 p. 240) entitled Gordon Treasurer's Office Abolished, and County Depositories Provided, so as to provide in what manner the funds of said county shall be deposited and disbursed; and in what manner the books and records shall be kept and maintained to assure a complete accounting of all county funds received, and paid out; and a complete record of all county indebtedness, 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 an Act approved August 7, 1915 (Ga. L. 1915, p. 240), entitled Gordon Treasurer's Office Abolished, and County Depositories Provided, be and the same is hereby amended by striking from section two of said act, beginning in line twelve, the following: for the purpose of receiving, handling and paying out, and otherwise disposing according to law of county funds of said county, and for the performance of the duties now performed by the county treasurer of Gordon County, as may be required of them by said board of commissioners

Page 2051

of roads and revenues, so that when said section is amended it will read as follows: Section 2. Be it further enacted by the authority aforesaid, That from and after the first day of January, 1917, all the books, papers, records and other property and business of the said office of county treasurer of Gordon County, shall be delivered to and disposed of by the county commissioners of roads and revenues of said county. Said commissioners of roads and revenues of said county shall, at their first regular meeting in January, 1917, and at their first regular meeting of each year thereafter, or as soon thereafter as practicable, select some chartered bank or banks located in said county of Gordon, to act as county depository or depositories. All county funds shall be deposited with said depository or depositories, subject to the order of the said board of commissioners of roads and revenues of said county. Said bank or banks shall be required to give good and solvent bond in such sum as shall be required of them by said board of commissioners of roads and revenues for the faithful performance of their duties under this Act. Said depository or depositories shall serve without any compensation except the use of public money. In the event such depository or depositories furnish as a security on the aforesaid bond, any bonding company, the board of commissioners of roads and revenues shall have the authority in their discretion to pay premiums on such bond out of any county funds available therefor. Such depository or depositories shall be chosen annually as hereinbefore provided for a term of one (1) year. In the event no chartered bank or banks shall qualify as a depository or depositories under this Act, then and in that event, the said board of county commissioners of roads and revenues shall have the authority to select any qualified person to perform such duties upon his giving such bond and security as may be required of him by said board, and he shall receive for such services such compensation as may be provided by said board, not to exceed one hundred ($100.00) dollars per annum. That any said depository or depositories selected to act in the capacity of county depository, and who accepts such appointment, shall be

Page 2052

liable only for the safe keeping of county funds placed in its control and shall not be liable or accountable for the legality of the funds deposited with it nor for the legality of the withdrawal of said funds by the aforesaid county commissioner of Gordon Conty. County depository. Section 2. Be it further enacted by the authority aforesaid that section 4 of the said act is hereby amended by striking all of the original section 4 in its entirety and in lieu thereof providing a new section 4 as follows: Section 4. Be it further enacted by the authority aforesaid that the commissioner of roads and revenues for the County of Gordon, or the clerk of the commissioner of roads and revenues for the County of Gordon, shall keep such books and records as is necessary to keep an accurate and full description of all county orders or other forms of indebtedness as they are presented, and to keep a complete and accurate account showing all receipts of monies, stating when and from whom received and on what account, and accounts of all orders for amounts paid out, stating when paid and to whom paid. Commissioner's records. Section 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Notice of Local Legislation. Notice is hereby given that the undersigned will during the 1959 session of the General Assembly of Georgia, introduce a Bill to amend an Act approved August 7, 1915 (Ga. L. 1915, p. 240) entitled Gordon Treasurer's Office Abolished, and County Depositories Provided, so as to provide in what manner the funds of said county shall be deposited and disbursed; and in what manner the books and records shall be kept and maintained to assure a complete accounting of all county funds received,

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and paid out; and a complete record of all county indebtedness, and for other purposes. This 22nd day of January, 1959. Buford A. Ingle, Buford A. Ingle, Representative Gordon County, Georgia. 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 January 22, 1959, January 29, 1959, and February 5, 1959. James H. Hobgood. Sworn to and subscribed before me, this 5th day of February, 1959. Harry T. Lawrence, Notary Public, Gordon County, Georgia. Approved February 20, 1959. UNION COUNTYCOMMISSIONERS OF ROADS AND REVENUESREFERENDUM. No. 65 (House Bill No. 132). An Act to create a Board of Commissioners of Roads and Revenue of Union County; to provide for the composition of such board; to provide for the powers, duties and obligations of the chairman and the commissioners of such board; to provide for the appointment and election of such chairman and commissioners and their successors; to provide for the term of office for such

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chairman and commissioners and their successors; to provide for the qualifications to be such chairman of such commissioners; to provide for the bond of such chairman; to provide for the oath and compensation of such chairman and commissioners; to provide for the office of such chairman; to provide for the expenses of such chairman; to expressly set forth some of the powers of such chairman; to provide for the hiring of a clerk or secretary by such chairman; to provide a procedure for filling vacancies in such office; 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 Revenue of Union County. Said board shall be composed of a chairman and two (2) commissioners to be known as commissioner post No. 1 and commissioner post No. 2. Honorable Walter W. Woody is hereby named chairman of such board to serve from thirty (30) days following the approval of this Act by the Governor or it otherwise becoming a law until his successor is chosen and qualified. Honorable Robert C. Christopher is hereby named commissioner post No. 1; and Honorable C. E. Rich is hereby named commissioner post No. 2. They shall serve as such from thirty (30) days following the approval of this Act by the Governor or it otherwise becoming a law until their successors are chosen and qualified. Successors to the chairman and commissioners of the Board of Commissioners of Roads and Revenue of Union County shall be elected by the qualified voters of Union County at the same time the members of the General Assembly are elected in the year 1962, and shall take office January 1, 1963, and shall serve for a term of four (4) years and until their successors are elected and qualified. Thereafter, successors shall be elected every four (4) years and serve for a term of four (4) years, or until their successors are elected and qualified. All elections for chairman and commissioner shall be conducted as are elections for the members of the General Assembly. Any person running for the

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office of chairman or commissioner post No. 1 or commissioner post No. 2 shall be elected by a county-wide vote of all qualified voters of Union County. Such person shall designate whether he is running for the post of chairman or commissioner post No. 1 or commissioner post No. 2. Elections of commissioners, terms, etc. Section 2. The chairman of the Board of Commissioners of Roads and Revenue of Union County shall exercise all of the governing power conferred by this Act. It shall be the duty of the other two (2) commissioners to meet monthly with the chairman on the first Monday of each month and give the chairman the benefit of their counsel and advice. Commissioner post No. 1 and commissioner post No. 2 shall act in an advisory capacity only, and the chairman may disregard any and all advice received from the other commissioners. Duties. Section 3. In order to be eligible to hold the office of chairman or commissioner, one must have attained the age of twenty-five (25) years, and have resided in Union County for a period of four (4) years next preceding the term for which he is elected and be of good moral character. Qualifications. Section 4. The chairman, before entering on the discharge of his duties as such, shall give bond, with good security, approved by the ordinary of Union County, in the sum of ten thousand ($10,000.00) dollars, payable to the ordinary of said county and his successors in office, and conditioned for the faithful discharge by said chairman of his duties and the carrying out of the conditions thereof, which said bond may be sued upon in the name of said ordinary, either on his own motion or by direction of the grand jury of said county; and the said chairman and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office, as well as for neglect or nonfeasance. Should said chairman give a suretyship bond, he is hereby authorized to pay the annual premiums due on such bonds out of public funds of said county. Chairman's bond.

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Section 5. The chairman and commissioners shall, before entering upon the duties of their office, make and subscribe to an oath before the ordinary of said county to faithfully discharge their duties and to carry out the provisions of this Act, to the best of their skill and knowledge and to the best interest of the entire County of Union. Oath. Section 6. The chairman shall devote his full time to the business and interest of said County of Union in the performance and discharge of his duties, and shall receive as compensation for his time the sum of two hundred and fifty ($250.00) dollars per month. The commissioners shall be paid the sum of ten ($10.00) dollars for each regular meeting which they attend. Compensation. Section 7. The chairman shall be reimbursed by Union County for all expenses incurred outside of the county while on official business. Expenses. Section 8. The chairman shall have and maintain an office for the transaction of business at the courthouse in said county. The office of said chairman shall remain open during the regular hours of business on all days except Saturdays, when the office may be closed at noon, Sundays and holidays. Office. Section 9. The chairman is hereby vested with exclusive jurisdiction and control over the following, 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 collector or 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, collection or disbursement of money belonging to the county, or appropriating for its use or benefit, and bringing them to settlement;

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and especially is he charged with frequently examining and auditing the books of all officers through whose hands any county funds must pass; he may require from all such officers, subject to an examination, such reports as may be necessary to keep such chairman 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 and 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 license fees as may be provided for; and generally to have and 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 of convicts and chaingang, janitor of the courthouse, 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 authorized by law; and such chairman shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to advise the chairman and represent the county in such matters as the chairman may direct, who shall be paid such a salary or compensation as the chairman may direct, out of the regular funds of the county, with authority of said chairman to fix his term of office or to discharge him at any time. Said chairman shall have entire control of the convicts of said county 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. The said chairman shall also have the right and authority to discontinue the chaingang, and, to let the misdemeanor convicts

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sentenced in the lower courts to other counties under such terms and conditions as may be fixed by the said chairman and approved by the Prison Commission of Georgia, and shall also have the right to reassign to some other Georgia county, Union County's felony convicts under the sanction and rules of said Prison Commission of Georgia. Powers of chairman. Section 10. All purchases of and for said county of Union or its several departments, or for its several officers, and all contracts for such purchases, as well as any other contracts purporting to bind said county, shall be made by said chairman, and no purchase or contracts whatsoever made by any other person, officer or employee of said county shall be binding on said county of Union, but the same shall be null and void. Contracts. Section 11. In general, the chairman of the Board of Commissioners of Roads and Revenue of Union County shall have all the powers and perform all of the duties and be subject to all of the obligations heretofore vested in the inferior courts of the State, or now vested in the ordinaries of the State in counties in which there is no board of commissioners of roads and revenue, when sitting for county purposes. Chairman's powers. Section 12. The Ordinary of Union County, Manley P. Hamby, shall have the option to serve as clerk for the Board of Commissioners of Roads and Revenue of Union County until December 31, 1960, at a salary of one hundred and seventy-five ($175.00) dollars per month. In the event that the said ordinary refuses to serve as clerk, the chairman is authorized then or any time thereafter to hire a secretary or clerk at a salary to be determined by the chairman, but not to exceed the sum of one hundred and seventy-five ($175.00) dollars per month. It shall be the duty of such person to keep the minutes of all the acts and proceedings of such chairman. Clerk. Section 13. In case of a vacancy in the office of the chairman, by reason of death, resignation or otherwise, the ordinary of said county shall serve as chairman until

Page 2059

his successor is elected and qualified; and such vacancy shall be filed at a special election called by the clerk of the superior court of said county, and held within thirty (30) days after the death or resignation or other cause resulting in such vacancy. All rules and regulations governing such special election for such vacancy as caused in this section shall be as those employed by law in other vacancies of county officers of said county. Vacancies in the offices of commissioners shall be filled for the remainder of the unexpired term by appointment by the chairman. Vacancies. Section 14. Within thirty (30) days after the approval of this Act by the Governor or it otherwise becoming a law, it shall be the duty of the ordinary of Union County to turn over to the Honorable Walter W. Woody, Chairman of the Board of Commissioners of Roads and Revenue of Union County, all books, records, monies and other property, real or personal, belonging to Union County that shall pertain to the functions of the chairman of the Board of Commissioners of Roads and Revenue of Union County as set forth in this Act. Records. Section 15. On February 25, 1959, it shall be the duty of the ordinary of Union County to issue the call for an election for the purpose of submitting this Act to the voters of Union County for approval or rejection. The ordinary shall set the date of such election for March 17, 1959. 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 Union County. The ballot shall have written or printed thereon the words: For approval of the Act so as to provide for a Board of Commissioners for Union County. Against approval of the Act so as to provide for a Board of Commissioners for Union County. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for

Page 2060

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 less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Union 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. Referendum. Section 16. 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 1959 session of the General Assembly of Georgia, a bill to create the office of Commissioner of Roads and Revenue of Union County; and for other purposes. This 25th day of November, 1958. Robert W. Jones, Representative-Elect, Union County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert W. Jones, who, on oath, deposes and says that he is representative from Union County, and that the attached copy of notice of intention to introduce local legislation was published in the North Georgia News, which is the official organ of said county, on the following dates: November 27, December 4, and December 11, 1958. /s/ Robert W. Jones Representive, Union County
Page 2061

Sworn to and subscribed before me this 22 day of January, 1959. Glenn W. Ellard, notary public. Approved February 20, 1959. CITY OF HAWKINSVILLEAUTHORITY TO CONVEY DESCRIBED LAND AND TO CLOSE STREET. No. 66 (Senate Bill No. 96). An Act to amend an Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, particularly by an Act approved July 27, 1923 (Ga. L. 1923, p. 671), so as to authorize the commissioners of the City of Hawkinsville to sell and convey certain land; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, particularly by an Act approved July 27, 1923 (Ga. L. 1923, p. 671) is hereby amended by adding to section 63 of said Act the following paragraph: The commissioners of said city are hereby given the power and authority to sell and convey, by fee simple deed, that land comprising Florida Avenue running from Houston Street to Liberty Street in said city to the Opelaka Manufacturing Corporation. Said commissioners are further authorized to close that portion of Florida Avenue that lies between Broad Street and Liberty Street. so that Section 63 of said Act, when so amended, shall read as follows: Section 63. Be it further enacted by the authority aforesaid, That the city council of Hawkinsville shall

Page 2062

have full power and control over the streets, sidewalks, alleys and parks of said city, and shall have full power and authority to condemn property for the purpose of opening, laying out, widening new streets, alleys and parks, and to erect any public buildings necessary for the city or any of its departments, and for widening, straightening or otherwise changing the grades of streets and sidewalks and alleys of said city; and whenever the city council shall desire to exercise the power granted in this section, it may be done, whether the land sought to be condemned is in the hands of the owner, or a trustee, executor, administrator, agent or guardian, in the manner provided in sections 4657 and 4686 of volume 2 of the Code of 1895, and Acts amendatory thereof. Said city council shall have full power and authority to remove or cause to be removed any buildings, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate legislation. The commissioners of said city are hereby given the power and authority to sell and convey, by fee simple deed, that land comprising Florida Avenue running from Houston Street to Liberty Street in said city to the Opelaka Manufacturing Corporation. Said commissioners are further authorized to close that portion of Florida Avenue that lies between Broad Street and Liberty Street. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1959. Affidavit and copy of advertisement attached to Enrolled Act.

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LIBERTY COUNTYCOMPENSATION OF SHERIFF, CLERK OF SUPERIOR COURT AND THEIR DEPUTIES. No. 67 (Senate Bill No. 72). An Act to amend an Act providing for the compensation of the sheriff and the clerk of the superior court of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2340), as amended by an Act approved January 8, 1957 (Ga. L. 1957, p. 2807), so as to change the compensation of the clerk; to authorize the clerk to employ an assistant and to appoint a deputy; to provide for the compensation thereof; to provide for the appointment of deputies to the sheriff; to provide the compensation therefor; to provide for mileage allowances; 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 providing for the compensation of the sheriff and the clerk of the superior court of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2340), as amended by an Act approved January 8, 1957 (Ga. L. 1957, p. 2807), is hereby amended by striking from section 2 the figure $4,000.00 and inserting in lieu thereof the figure $5,800.00, so that when so amended, section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Liberty County shall be compensated in the amount of $5,800.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. This compensation shall be in lieu of the fees which said clerk has heretofore received. This compensation shall be all-inclusive and the clerk shall receive no other compensation for any service as clerk or ex-officio clerk of any other court. Compensation of clerk of Superior Court. Section 2. Said Act is further amended by striking section 3 in its entirely and inserting in lieu thereof a new section 3 to read as follows:

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Section 3. The clerk is hereby authorized to employ one full-time assistant, whose compensation shall be fixed by the clerk at not to exceed $175.00 per month, which shall be paid from the funds of Liberty County. The clerk is also authorized to appoint a deputy clerk, if he so desires, but in the event he does appoint such deputy clerk, the compensation therefor shall be paid by the clerk out of the compensation which the clerk himself receives. Employees of clerk's office. Section 3. Said Act is further amended by striking therefrom section 4 in its entirety and inserting in lieu thereof a new section, which shall read as follows: Section 4. The Sheriff of Liberty County shall be compensated in the amount of $7,000.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. This compensation shall be in lieu of the fees which said sheriff has heretofore received. Such compensation shall be all-inclusive, and the sheriff shall receive no other compensation for any services he performs in any capacity or in any court, except as provided in this Act. The sheriff and the county commissioners of Liberty County shall determine the number of full-time deputies and the number of part-time deputies which are necessary for the efficient operation of the office of Sheriff of Liberty County. Full-time deputies shall be compensated in the amount of $300.00 per month, to be paid from the funds of Liberty County. Part-time deputies shall be compensated in the amount of $75.00 per month, to be paid from the funds of Liberty County. The county commissioners of Liberty County shall furnish transportation to the full-time deputies, or in lieu thereof, shall compensate such deputies at the rate of 10 cents per mile for actual miles traveled inside Liberty County while in the performance of their duties. The sheriff and any deputy shall be entitled to and shall receive mileage allowances at the rate of 10 cents per mile for actual miles traveled outside Liberty County when in the performance of their duties when not using a county vehicle. Compensation of sheriff, deputies.

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Section 4. 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 in which it otherwise becomes law. Effective date. Section 5. All laws and parts of laws in conflict with this Act are here repealed. Approved February 20, 1959. Affidavit and copy of advertisement attached to Enrolled Act. CITY OF DALTONPORTION OF WHITE STREET CLOSED. No. 69 (House Bill No. 171). 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, so as to provide for the closing of White Street; 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), is hereby amended by inserting the following section 29 of said Act a new section to be known as section 29A, which shall read as follows: Section 29A. The mayor and council of the City of Dalton are hereby authorized to close a portion of White Street, within the City of Dalton, Georgia, the public welfare requiring it. The portion of White Street to be closed is as follows:

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All that portion of White Street lying and being between Cleveland Street and a line extending the east boundary of an alley immediately west of the property known as the First Baptist Church on the southwest corner of the intersection of Cleveland and Waugh Streets, Dalton, Georgia, more particularly described as follows: Bounded 32[prime] on the west side of Cleveland Street by a line from the southeast corner of property owned by Dalton Realty Company of Georgia, Inc., then in southwesterly direction to where the south side of White Street intersects Cleveland Street, thence west 173[prime] to a line representing an extension of the east boundary of an alley; thence north 25[prime]6[Prime] to the intersection of the alley with property owned by Dalton Realty Company of Georgia, Inc., thence east along the south line of property owned by Dalton Realty Company of Georgia, Inc., to Cleveland Street. 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 1959 session of the General Assembly of Georgia, a bill to amend the charter of the City of Dalton, so as to provide for the closing of White Street; to repeal conflicting laws; and for other purposes. This 22 day of December, 1958. Homer E. Winkle Representative, Whitfield County Virgil T. Smith Representative, Whitfield County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Homer E. Winkle and Virgil T. Smith, who, on oath, deposes and says that they are representatives from Whitfield County, and that the attached copy of notice of intention to introduce

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local legislation was published in the Dalton News-Citizen, which is the official organ of said county, on the following dates: December 24, 31, 1958 and January 7, 1959. /s/ Homer E. Winkle /s/ Virgil T. Smith Representatives, Whitfield County Sworn to and subscribed before me this 26th day of January, 1959. /s/ Frances Y. Read Notary Public, Ga. State at Large. (Seal). Approved February 26, 1959. CITY OF THOMSONCORPORATE LIMITS EXTENDED. No. 70 (Senate Bill No. 68). An Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Thomson, and reincorporating said town or corporation as the City of Thomson, approved August 19, 1927 (Ga. L. 1927, p. 1631), so as to increase the corporate limits of the City of Thomson and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Thomson and reincorporating said town or corporation as the City of Thomson, approved August 19, 1927 (Ga. L. 1927, p. 1631), is hereby amended by striking section 1 of said Acts which reads as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the

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authority of the same, that the municipal government of the City of Thomson shall consist of a mayor and four councilmen, who shall hereby constitute a body corporate corporate under the name and style of the City of Thomson, and by that name shall have perpetual succession, shall have a common seal, and shall be capable in law or equity to hold, receive, enjoy, possess, and retain to them and their successors, for the use of the City of Thomson, any real or personal estate of whatever kind or material in the jurisdictional limits of the City of Thomson, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all rights and liabilities of the present corporation of the City of Thomson in the corporate limits of the City of Thomson, and that the corporate limits of the City of Thomson, in the County of McDuffie, shall extend three fourths of a mile in every direction from the Knox Hotel in said city; and substituting in lieu thereof the following designated section 1: 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 municipal government of the City of Thomson shall consist of a mayor and four councilmen, who shall hereby constitute a body corporate under the name and style of the City of Thomson, and by that name shall have perpetual succession, shall have a common seal, and shall be capable in law or equity to hold, receieve, enjoy, possess, and retain to them and their successors, for the use of the City of Thomson, any real or personal estate of whatever kind or material in the jurisdictional limits of the City of Thomson, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all rights and liabilities of the present corporation of the City of Thomson in the corporate limits of the City of Thomson, and that the corporate limits of the City of Thomson, in the County of McDuffie, shall be as follows: Mayor and council. Sub-section 1. The corporate limits of the City of Thomson in the County of McDuffie shall extend three fourths of a mile in every direction from the former site

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of the Knox Hotel in said city, the said Knox Hotel having been located in the northeast corner of the intersection of Journal Street and Main Street in said City of Thomson; Sub-section 2. The corporate limits of the City of Thomson shall also include the following described tract of land: Beginning at a point in the center of the public road known as the Salem Road, said point being exactly three fourths of a mile from the site of the Knox Hotel in Thomson, and running along the center line of said Salem Road south 20 degrees east a distance of 500 feet to a point opposite the north line of the lot of Mrs. M. L. Boswell; thence north 70 degrees east a distance of 216 feet; thence south 20 degrees west a distance of 880 feet; thence south 70 degrees west a distance of 216 feet back to the center line of the said Salem Road; thence proceeding southward along the center line of the said Salem Road to a point opposite the center line of a street located in the subdivision known as the Helen Farmer Burns subdivision, said street being designated as Darcy Drive, as shown on a plat of said subdivision recorded in plat book B, pages 115 to 119 in the office of the Clerk of Superior Court of McDuffie County, Georgia; and thence from said point proceeding south 37 degrees west along the center line of the said Darcy Drive and continuing in said direction to a point in the exact center of a street or road known as Lokey Street; thence proceeding along the center line of Lokey Street in a westerly direction to a point in the center of Jackson Street extension, known as Wrens Highway, being also State highway No. 17; and from said point in the center of said Wrens Highway running north 19 degrees 30 minutes west a distance of approximately 33 feet to a point opposite the center line of Jeanette Street; thence proceeding along the center of Jeanette Street south 70 degrees 30 minutes west to a point located 230 feet beyond and west of the center of the intersections of Jeanette Street and Ridge Avenue; from said point proceeding north 19 degrees 30 minutes west to the run of the branch known

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as the drainage branch from the city water works; thence continuing westerly following the center of the run of said branch to the point where said drainage branch intersects or runs into Whites Creek; thence proceeding northerly along the center of the run of said Whites Creek to the point where the said Whites Creek leaves the city limits at a point exactly three fourths of a mile from the Knox Hotel Site in the City of Thomason. Corporate limits. Sub-section 3. The corporate limits of the City of Thomson shall also include the following described tract of land: All that tract or parcel of land lying and being in the 134th district, G. M., of McDuffie County, Georgia, with metes and bounds as follows: Beginning on the south side of Holt Street at the point where Holt Street intersects the present city limits (which city limit line at this point runs in a circular line) and running in a northerly direction along the present city limit line a distance of 435.4 feet; thence north 62 degrees 50 minutes east a distance of 956.9 feet; thence north 25 degrees 29 minutes west a distance of 1988.1 feet; thence following a ditch or branch along the line of Russell Farr, J. E. Poss, and Mrs. J. L. Lewis to a point where Mrs. Lewis' line intersects with line of H. A. Rogers; thence south 50 degrees 41 minutes east a distance of 1232.6 feet; thence south 21 degrees 34 minutes west a distance of 1138.2 feet; thence south 67 degrees 27 minutes west a distance of 1756.7 feet; thence south 62 degrees 43 minutes west a distance of 767.7 feet back to the point of beginning. Said tract is shown on a plat made by J. H. Sojourner, surveyor, on September 11, 1953, revised March 5, 1954, which plat is recorded in the office of the Clerk of Superior Court of McDuffie County, Georgia, in plat book B, page 124, and by reference same is made a part of this description; a copy also being attached to this ordinance as exhibit B, and made a part hereof. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed.

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Approved February 26, 1959. Affidavit and copy of advertisement attached to Enrolled Act. WARREN COUNTYANNUAL AUDITS. No. 71 (House Bill No. 69). An Act entitled An Act to create a Commissioner of Roads and Revenues of Warren County, Georgia, to provide for his election and fix his term of office, to fix his compensation and provide for his expense account, and to fix his bond and to prescribe his duties; to provide for a clerk for said commissioner, and to fix his duties and his bond, and his compensation; to provide for the recall of the commissioner, to prevent the commissioner or clerk from speculating or purchasing in county warrants; to prevent the commissioner from making purchases for the county from any business concern in which he or the clerk is interested and for other purposes, and Acts amendatory thereof, so that the auditor, or bookkeeper, appointed to audit the books, accounts and warrants of the county officers, shall audit all books, accounts and warrants of the county commissioner up to July the first, of the year following his appointment, and so that the report of said auditor or bookkeeper shall be made to the grand jury of said county at the October term of the Superior Court of Warren County, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That An Act to create a Commissioner of Roads and Revenues of Warren County, Georgia, to provide for his election and fix his term of office, to fix his bond and to prescribe his duties; to provide for a clerk for said commissioner, and to fix his duties and his bond, and his compensation; to provide for the recall of the

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commissioner, to prevent the commissioner or clerk from speculating or purchasing in county warrants; to prevent the commissioner from making purchases for the county from any business concern in which he or the clerk is interested and for other purposes be, and the same if, hereby amended by striking from the fifteenth line of section 8 of said Act the words the 1st of April and inserting in lieu thereof the following words, to-wit: July the first, and by striking from the seventeenth line of said section 8, the word April and inserting in lieu thereof the following word, to-wit: October, so that said section 8, when so amended, shall read as follows: Section 8. Be it further enacted by the authority aforesaid, that said Commissioner of Roads and Revenues for said county shall once a year, preferably in the Spring, secure an auditor or expert bookkeeper to audit the books, accounts and warrants of said commissioner and the books and accounts of the other officers of the county and particularly such officers as have the collection of taxes of said county in charge, both those elected and those appointed by the commissioner. Said auditor or expert bookkeeper shall have the power to examine upon oath, said commissioner relative to any account, item, warrant or transaction in connection with said commissioner's office; said auditor or bookkeeper shall audit all books, accounts, vouchers, warrants and other records of said commissioner up to July the first of the year following his appointment and shall make the report to the grand jury of said county at the October term of the Superior Court for said county and said commissioner shall have the right to pay for said audit out of the county funds. Annual audits. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Section 3. Affidavit of the legal advertisement of this local Act is attached hereto and made a part of this Act and reference is made to said affidavit.

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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 Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce for passage at the 1959 session of the Georgia Legislature, a local bill entitled as follows: An Act to amend an Act entitled `An Act to create a Commissioner of Roads and Revenues of Warren County, Georgia, to provide for his election and fix his term of office, to fix his compensation and provide for his expense account, and to fix his bond and to prescribe his duties; to provide for a clerk for said commissioner, and to fix his duties and his bond, and his compensation; to provide for the recall of the commissioner, to prevent the commissioner or clerk from speculating or purchasing in county warrants; to prevent the commissioner from making purchases for the county from any business concern in which he or the clerk is interested and for other purposes,' and Acts amendatory thereof, so that the auditor, or bookkeeper, appointed to audit the books, accounts and warrants of the county officers, shall audit all books, accounts and warrants of the county commissioner up to July the first, of the year following his appointment, and so that the report of said auditor or bookkeeper shall be made to the grand jury of said county at the October term of Superior Court of Warren County, and for other purposes. This Act simply provides that the annual county audit shall be made up to July the first in each year, rather than up to April the first in each year.

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This the 9th day of December, 1958. /s/ Jack B. Ray Representative, Warren County was published in said newspaper on the following dates and issues, to-wit: The issue of December 12, 1958; the issue of December 19, 1958, and the issue of December 26, 1958. Alva L. Haywood Sworn to and subscribed before me this 9th day of January, 1959. /s/ June C. Smith Notary Public, Warren County, Ga. Approved February 26, 1959. HABERSHAM COUNTYCOMPENSATION OF CLERK OF TAX COMMISSIONER. No. 72 (House Bill No. 78). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Habersham County into the one office of tax commissioner, approved February 5, 1952 (Ga. L. 1952, p. 2045), so as to change the compensation of the clerk 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 offices of tax receiver and tax collector of Habersham County into the one office of tax commissioner, approved February 5, 1952 (Ga. L. 1952, p. 2045), is hereby amended by striking from section 3 the figure $2,100.00 and inserting in

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lieu thereof the figure $2,400.00, so that when so amended, section 3 shall read as follows: Section 3. The salary of said tax commissioner shall be $5,000.00 per annum to be paid monthly from funds in the county treasury. The tax commissioner shall be authorized to employ one clerk, whose salary shall be $2,400.00 per annum, to be paid monthly from the funds in the county treasury. Salaries. 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 in which it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Habersham County. The undersigned does hereby certify that he is publisher of the Tri County Advertiser, a newspaper in which sheriff's advertisements for Habersham County are published, and that an exact copy of the above notice was published in the Tri County Advertiser on December 4, 11, 18, 25, 1958 and January 1, 1959. Chas. T. Graves, publisher Sworn to and subscribed before me this 17th day of January, 1959. /s/ Glenn W. Ellard Notary Public. (Seal). Notice of Local Legislation. Georgia, Habersham County. Notice is hereby given that application will be made to the next General Assembly of Georgia for the passage of an Act amending the Act of 1952, pages 2045-49, approved February 5, 1952, providing for a tax commissioner

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of Habersham County, and providing for a clerk for the tax commissioner, the purpose of said Act will be to amend the Act of 1952, pp. 2045-49, as it relates to the salary of said clerk and to change the compensation to be paid to said clerk. This 2nd day of December, 1958. /s/ Thomas T. Irvin Representative, Habersham County Approved February 26, 1959. CITY COURT OF BAINBRIDGEJUDGE'S COMPENSATION. No. 73 (House Bill No. 84). An Act to amend an Act to establish the City Court of Bainbridge, approved November 27, 1900 (Ga. L. 1900, p. 104), as amended, particularly by an Act approved July 27, 1903 (Ga. L. 1903, p. 119), an Act approved August 9, 1920 (Ga. L. 1920, p. 311), an Act approved August 7, 1925 (Ga. L. 1925, p. 391), an Act approved August 14, 1931 (Ga. L. 1931, p. 285), an Act approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 687), and an Act approved January 29, 1945 (Ga. L. 1945, p. 507), so as to increase the compensation of the judge of said city court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to establish the City Court of Bainbridge, approved November 27, 1900 (Ga. L. 1900, p. 104), as amended, particularly by an Act approved July 27, 1903 (Ga. L. 1903, p. 119), an Act approved August 9, 1920 (Ga. L. 1920, p. 311), an Act approved August 7, 1925 (Ga. L. 1925, p. 391), an Act approved

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August 14, 1931 (Ga. L. 1931, p. 285), an Act approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 687), and an Act approved January 29, 1945 (Ga. L. 1945, p. 507), is amended by striking therefrom section 4 in its entirety and inserting in lieu thereof a new section 4 which shall read as follows: Section 4. Be it further enacted that there shall be a Judge of the City Court of Bainbridge who shall be elected by the legally qualified voters of the County of Decatur at an election to be held at the same time and place and under the same rules and regulations applying to the election of Representatives in the General Assembly from the County of Decatur, whose term of office shall be for four (4) years, and until his successor is elected and qualified, or appointed and qualified as provided by law; and all vacancies in said office shall be by appointment of the Governor for that portion of the term remaining unexpired up to and until the next general election, in course, for members of the next General Assembly from the County of Decatur, at which time an election shall be held to fill the vacancy in said office, such appointment being subject to the approval of the Senate which may then be in session; or if the Senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of the Senate at any session thereafter, provided that the judge first appointed under this Act shall, if the Senate be not in session, or shall fail to act, hold and fill the office subject to the approval of the Senate at any session thereafter. The Judge of said City Court of Bainbridge shall receive a salary of thirty-six hundred ($3600.00) dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of Decatur County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Decatur County. Notice is hereby given that there will be introduced at the January 1959 session of the General Assembly of

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Georgia, a bill to amend the Act Creating the City Court of Bainbridge, page 104 acts of 1900, as amended. Said amendment will be to amend the sections of said Act providing for the salary of the Judge of the City Court of Bainbridge and to increase the salary of the Judge of the City Court of Bainbridge. This December 24, 1958. R. A. Cheney Griffin, John L. Taylor, Representatives Decatur County, Georgia. (Jan. 1, 8, 15) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. A. Cheney Griffin, 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: Jan. 1, 8, and 15, 1959. R. A. Cheney Griffin, Representative, Decatur County. Sworn to and subscribed before me, this 17th day of Jan., 1959. Martha C. Cochran (Seal) Notary Public. My Commission Expires May 13, 1959. Approved February 26, 1959.

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CITY OF EAST POINTCORPORATE LIMITS. No. 74 (House Bill No. 145). An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that: Section 1. All that area of Fulton County and the inhabitants of such area, lying and being in land lot 219 of the 14th district of Fulton County, Georgia, which area is enclosed within the following geographical boundary lines, to-wit: Beginning on the east line of said land lot 219 at a point five hundred fifty (550) feet north of the southeast corner of said land lot at the city limit boundaries of the City of East Point and the City of Atlanta, and running thence westwardly along the present boundary line of said City of East Point sixteen hundred forty-five (1645) feet to a point one hundred fifty (150) feet east of the east side of Maxwell Road; running thence northwardly parallel with and one hundred fifty (150) feet east of the east side of said Maxwell Road seven hundred eighty (780) feet to a point six hundred ninety (690) feet south of the south side of Connally Drive; running thence eastwardly sixteen hundred thirty-eight and nine-tenths (1638.9) feet to the east line of said land lot 219 and the present East Point boundary line; thence along the present city boundary line of the City of East Point southwardly five hundred seventy-six and three-tenths (576.3) feet to the point of beginning, be and they are hereby annexed to and incorporated in the municipality of said City of East Point, and all of said area, the inhabitants thereof, and property therein shall be and is hereby made subject to the government, jurisdiction, laws, ordinances, rules and regulations of said city as fully and completely as said

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city has heretofore exercised over the territory and inhabitants heretofore embraced within the territorial limits of said city, and said area with the inhabitants and properties therein shall be subject to the same obligations and entitled to the same benefits, exemptions and immunities as citizens heretofore residing within the territorial limits of said municipality, including duty to pay taxes and be subjected to their proportionate part of the bonded indebtedness of said city and entitled to all of the protection afforded thereby or otherwise afforded by said city to its inhabitants and their properties therein. Corporate limits extended. Section 2. The city council of East Point shall have power and authority by ordinance to attach said annexed territory to any adjacent ward or political subdivision of said city which said City Council of East Point may have power and authority to create by ordinance, but until the same is so attached by ordinance to a ward it shall be considered a part of the adjacent East Point ward with the greater common boundary line between such ward and such newly annexed territory. Wards. Section 3. Notice of intention of the City of East Point to apply for this local legislation was published three times in the Fulton County Daily Report in three separate calendar weeks during a period of sixty days next preceding the introduction of this bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of this State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. 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

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Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 17, 24th days of Nov., 1958, 1, 8, 15, 22, 29 days of December, 1958, and on the 5, 12th days of January, 1959 as provided by law. Frank Kempton. 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, 1959, 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 17th day of November, 1958. City of East Point, By: Ezra Phillips, City Attorney 1301 Fulton Natl. Bank Bldg. Atlanta 3, Georgia Subscribed and sworn to before me, this 16th day of January, 1959. Mildred N. Lazenby, (Seal) Notary Public, Georgia, State at Large. My Commission Expires Oct. 12, 1959. Approved February 26, 1959.

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DOUGHERTY COUNTYVIOLATIONS OF BUILDING CODE A MISDEMEANOR, INJUNCTIONS. No. 75 (House Bill No. 157). An Act to provide that the violation of any lawful provision of any building code or amendment thereto which has been adopted or which may be hereafter adopted by Dougherty County pursuant to the constitutional amendment of 1956, (Ga. L. 1956, pp. 119, 121), shall be misdemeanor; to provide that such violations may be enjoined by Dougherty County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted upon authority of the same: Section 1. Any owner, contractor, builder, repairer or other person, firm or corporation engaging in the construction, reconstruction, remodeling or repair of any building within Dougherty County without first obtaining a building permit where lawfully required by any building code or amendment thereto which has been or may hereafter be adopted by Dougherty County pursuant to the Constitutional Amendment of 1956, (Ga. L. 1956, pp. 119, 121, shall be guilty of a misdemeanor and shall be punished in the manner provided by law for misdemeanors. Permits. Section 2. Any owner, contractor, builder, repairer or other person, firm or corporation engaging in the construction, reconstruction, remodeling or repair of any building within Dougherty County in violation of the building standards lawfully fixed by any building code or amendment thereto which has been or may hereafter be adopted by Dougherty County pursuant to said Constitutional Amendment shall be guilty of a misdemeanor and shall be punished in the manner provided by law for misdemeanors. Building standards. Section 3. Any construction, reconstruction, remodeling, repairs or other work being done in Dougherty

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County in violation of any lawful provision of said building code may be enjoined upon the application of Dougherty County. Injunctions. Section 4. All laws or parts of laws in conflict herewith are hereby repealed. Section 5. If any section or portion of this Act be declared unconstitutional, the remaining sections or portions thereof shall not be affected thereby, and shall not be invalidated, but shall remain in full force and effect. Section 6. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Dougherty County, Georgia, are published, namely, in the Albany Herald, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Act is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1959 session of the General Assembly of Georgia a bill to be entitled an act to provide that the violation of any lawful provision of any building code or amendment thereto which has been adopted or which may be hereafter adopted by Dougherty County pursuant to the constitutional amendment of 1956, (Ga. L. 1956, pp. 119, 121), shall be misdemeanor; to provide that such violations may be enjoined by Dougherty County; to repeal conflicting laws; and for other purposes. This 30th day of December, 1958. George D. Busbee, Representative, Colquitt H. Odom, Representative-elect, Dougherty County, Georgia. Jan. 2, 9, 16, 1959.
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Georgia, Fulton County: Personally appeared before me, the undersigned officer, duly authorized to administer oaths, George D. Busbee, and Colquitt H. Odom, who, on oath, depose and say that they are the representatives from Dougherty County, and that they are the authors of the proposed bill to which this affidavit is attached, and that the foregoing and 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 2, 9, 16, 1959. /s/ George D. Busbee George D. Busbee /s/ Colquitt H. Odom Colquitt H. Odom Sworn to and subscribed before me, this 26th day of January, 1959. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved February 26, 1959. DOUGHERTY COUNTYPAVING OF STREETS, SIDEWALKS, ETC., AUTHORIZED. No. 76 (House Bill No. 159). An Act authorizing Dougherty County, Georgia and the governing authorities of said county to provide for the construction and paving of streets, sidewalks or curbing, either one or both or a combination of two or more, in the urban areas of Dougherty County, Georgia, outside the corporate limits of any municipality located in such county; to carry into effect an amendment to the Constitution of the State relating to the

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authority of Doughery County to construct such improvements and to assess the costs thereof against the abutting property owners; to assess the cost thereof on a lineal foot basis against the abutting property owners; to provide for issuance and enforcement of executions for the collection of such assessments and for the creation of liens thereby against such abutting property; to provide for appeals and to provide for the issuing of fi. fas. for such assessments; and to repeal all laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The paving of, and/or the construction of sidewalks and/or curbing for, any road or street in an urban area, urban area shall be defined as any area that has been subdivided into lots for residential or commercial purpose, either or both, of Dougherty County, Georgia outside the corporate limits of any municipality may be initiated either by majority of the county commissioners, or by a petition in writing signed by the persons owning 51% of the total lineal footage of the property abutting said road or street. When a petition is presented to the commissioners by the property owners as above provided, it may be rejected or approved by a majority of the county commissioners. Authority. Section 2. If the petition is approved by a majority of the commissioners, or if a majority of the commissioners initiate the improvement on their own motion, the majority shall provide when said work shall be commenced, the type of paving to be laid, the materials to be used therein, the extent of the lineal length of the road or street to be paved, and the width of the paving. They may also provide for such curbing and gutter, storm sewers, drainage works, grading or other work as they may deem is necessarily incident to the proposed improvement. They shall also provide the specifications for any sidewalks which they may decide to construct. Duties of commissioners. Section 3. The county commissioners by a majority vote shall have the right to determine whether said work

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shall be done by contract or by the county. Should said work be done by contract, the resolution shall provide for the receiving of sealed bids at a time and place therein specified. At the time and place specified in said resolution the commissioners shall examine all bids received and shall award the contract to the lowest and best bidder, provided he can make a proper performance bond. The commissioners shall have the right to reject any and all bids and readvertise for other bids when the bids submitted are not, in their judgment, satisfactory. Contracts for work. Section 4. Should said work be done by the county, it shall have the right to use its own employees, convict labor, its own machinery and equipment, and to charge therefor according to the prevailing practice of uses and wages. County labor. Section 5. When said resolution has been passed by a majority of the commissioners, notice shall be given to the abutting property owners by publication of the resolution in the newspaper in which the sheriff's advertisements are published once a week for two weeks. Notice to property owners. Section 6. In the event such improvement shall be initiated by the county commissioners, the property owners affected may, within 30 days from the date of the first insertion of the resolution in the newspaper, protest in writing, and if the owners of 51% or more of the lineal footage affected shall sign said protest, the county commissioners may in their discretion declare said resolution null and void. Protest by property owners. Section 7. After the contract shall have been let, or the improvement shall have been made by the county in the event the commissioners elect to have the work done by the county, as the case may be, and the cost of such improvement, which shall include the cost of engineering services, printing, appraising, advertising, and all other expenses incurred by the county incident to said improvement in addition to the contract price for the work and materials, or in addition to the cost of

Page 2087

materials, labor, machinery, equipment and services used in the making of such improvement in the event the work is done by the county, shall have been ascertained, the county engineer, subject to examination and approval by the county commissioners, shall appraise and apportion the cost and expense of said improvement among the abutting property owners on a lineal foot basis, and shall assess them accordingly. Assessment of costs. Section 8. When said appraisal, apportionment and assessment shall have been approved by the county commissioners, the same shall be filed with the Clerk of said commission. The commissioners shall appoint a time for the holding of a session for the purpose of hearing any complaints or objections that may be made concerning said appraisal, apportionment, and assessment by any person interested, and notice of the purpose, time and place of such session shall be published by the clerk of the county commissioners once a week for two weeks in the newspaper in which the sheriff's advertisements are published, which notice shall provide for an inspection of said appraisal, apportionment and assessment by any interested party. The time fixed for the hearing shall not be less than 5 nor more than 10 days from the date of the last publication. The commissioners at said session shall have the power, and it shall be their duty, to hear all objections to said appraisal, apportionment and assessment, to review, and correct it, and to confirm it either as originally made or as corrected. Approval of assessments. Section 9. In the event any assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the county commissioners shall cause a new assessment to be made in the manner in which the original assessment was made. Same. Section 10. Assessments shall be payable within 30 days from the date of confirmation at said hearing. In the event of failure to pay as above provided, the clerk of the county commissioners shall issue an execution for the collection of such assessment and said assessment shall be a lien against said abutting property of equal

Page 2088

rank with State and county taxes. Said execution shall be issued in the name of Dougherty County and signed by the clerk and attested by the chairman of the board of county commissioners. Payment of assessments. Section 11. Any property owner whose property is assessed for an improvement under this resolution shall have the right within 30 days after final confirmation of the appraisal, apportionment and assessment by the county commissioners, to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, stating fully and in detail the grounds on which he contends same is not due, and stating what amount, if any, he admits to be due, which amount so admitted to be due shall be paid and collected before the affidavit is received. Said affidavit shall be filed with the clerk of the county commissioners and shall be returned by him to the Superior Court of Dougherty County, Georgia, there to be tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in other cases of illegality for delay under the laws of this state. In the event said illegality is withdrawn or dismissed for any reason, then the assessment as made by the county engineer and approved by the county commissioners shall be considered as final. The remedy of affidavit of illegality is exclusive and exhaustive of all other remedies except those questioning the validity of the resolution. Affidavits of illegality. Section 12. Any execution issued under the provisions of this Act may be sold, transferred or assigned, in the discretion of the governing authority. Said executions shall be enforced by the sheriff in the manner provided by law for the enforcement of tax executions, and all of the provisions respecting same shall apply, including the execution of the deed. Enforcement of executions. Section 13. Nothing in this Act shall be construed as imposing the duty on the county to repair or maintain any road, street, alley or other improvement made under this Act, nor shall the making of any of said improvements

Page 2089

be construed as accepting same as a part of the public road system of Dougherty County. Intent. Section 14. If any section or portion of this Act be declared unconstitutional, the remaining sections or portions thereof shall not be affected thereby, and shall not be invalidated, but shall remain in full force and effect. Section 15. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for Dougherty County, Georgia, are published, namely, in The Albany Herald, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Act is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law. Section 16. Be it further enacted by the authority aforesaid that all laws in conflict herewith be, and the same are hereby repealed. Certificate of Publication. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intend to apply for the passage of local legislation at the 1959 session of the General Assembly of Georgia, convening January 12, 1959, the bill or bills to be entitled substantially as follows: An Act authorizing Dougherty County, Georgia and the governing authorities of said county to provide for the construction and paving of streets, sidewalks or curbing, either one or both or a combination of two or more, in the urban areas of Dougherty County, Georgia, outside the corporate limits of any municipality located in such county; to carry into effect an amendment to the Constitution of the State relating to the authority of Dougherty County to construct such improvements and to assess

Page 2090

the costs thereof against the abutting property owners; to assess the cost thereof on a lineal foot basis against the abutting property owners; to provide for issuance and enforcement of executions for the collection of such assessments and for the creation of liens thereby against such abutting property; to provide for appeals and to provide for the issuing of fi. fas. for such assessments; and to repeal all laws in conflict herewith, and for other purposes. This 30th day of December, 1958. George D. Busbee Colquitt H. Odom Representatives, Dougherty County Dates of publication: January 2, 9, 16, 1959. State of Georgia, Fulton County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, George D. Busbee and Colquitt H. Odom, who, on oath, dispose and say that they are the representatives from Dougherty County, and that they are the authors of the proposed bill to which this affidavit is attached, and that the foregoing and 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 2, 9, 16, 1959. /s/ George D. Busbee Colquitt H. Odom Sworn to and subscribed before me, this 26th day of January, 1959. /s/ Amelia Smith Notary Public, Georgia, State at Large My Commission Expires October 4, 1960. Approved February 26, 1959.

Page 2091

DOUGHERTY COUNTYBOARD OF COUNTY COMMISSIONERS. No. 77 (House Bill No. 160). An Act to increase the number of members of the Board of Commissioners of Roads and Revenues of Dougherty County from three members to five members; to fix the salaries and terms of the two new members; to provide the manner in which the first two new members shall be elected; to provide a quorum and to provide a majority vote on all questions; 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 number of members of the Board of Commissioners of Roads and Revenues of Dougherty County is hereby increased from three members to five members. Upon passage of this Act three members of said board shall constitute a quorum, and the concurrence of any three members shall decide all questions. Five members, quorum, majority. Section 2. The first two new members of the board of commissioners of roads and revenues shall be elected in the general election to be held in 1960, and shall take office on January 1, 1961, for a term of four years and until their successors are elected and have qualified. Thereafter, successors to said two new offices shall be elected in the general election every four years, and shall hold office for a term of four years and until their successors are elected and have qualified. New members. Section 3. The salary of the two new members shall be that provided by law from time to time, and, until changed, shall be the same as the present commissioners'. Salaries. Section 4. In the initial election to be held in 1960, and in all future elections, the two new offices shall be known and designated as post number four and post number five respectively. Posts of new commissioners.

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Section 5. This Act shall not become effective unless approved by the qualified voters of Dougherty County, Georgia, in a referendum election held for that purpose. The Ordinary of Dougherty County shall issue the call for an election for the purpose of submitting this Act to the voters of Dougherty County for approval or rejection. The date of the election shall be set for 2nd Tuesday in April of 1960. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official organ of Dougherty County, Georgia. The ballot shall have printed thereon the words: For Approval of the Act Increasing the Number of Commissioners of Roads and Revenues of Dougherty County. Against Approval of the Act Increasing the Number of Commissioners of Roads and Revenues of Dougherty County. All qualified voters desiring to vote in favor of this Act shall vote for approval, and all qualified voters desiring to vote for rejection of the Act shall vote against approval. If a majority of those voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those 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 Dougherty County. It shall be the duty of the ordinary to hold and conduct said election under the rules and regulations herein provided. It shall be the duty of the ordinary to canvass the returns and to declare and certtify the results of the elections. It shall be her further duty to certify the results thereof to the Secretary of State. Referendum. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Section 7. If any section or portion of this Act be declared unconstitutional, the remaining sections or portions thereof shall not be affected thereby, and shall not be invalidated, but shall remain in full force and effect. Section 8. Notice of intention to apply for the passage

Page 2093

of this local bill has been published in the newspaper in which sheriff's advertisements for Dougherty County, Georgia, are published, namely, in the Albany Herald, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Act is a copy of said notice, accompanied by an affidavit that said notice has been published as provided by law. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1959 session of the General Assembly of Georgia a bill to increase the number of members of the board of commissioners of roads and revenues of Dougherty County from three members to five members; to fix the salaries and terms of the two new members; to provide the manner in which the first two new members shall be elected; to provide a quorum and to provide a majority vote on all questions; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 30th day of December, 1958. /s/ George D. Busbee, Representative /s/ Colquitt H. Odom, Representative-elect Dougherty County January 2, 9, 16, 1959. State of Georgia, Fulton County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, George D. Busbee and Colquitt H. Odom, who, on oath, depose and say that they are the representatives from Dougherty County, and that they are the authors of the proposed bill to which this affidavit is attached, and that the foregoing and attached copy of notice of intention to introduce local legislation was published in The Albany

Page 2094

Herald, which is the official organ of said county, on the following dates: January 2, 9, 16, 1959. /s/ George D. Busbee George D. Busbee /s/ Colquitt H. Odom Colquitt H. Odom Sworn to and subscribed before me, this 26th day of January, 1959. /s/ Amelia Smith Notary Public, Georgia, State at Large My Commission Expires October 4, 1960 (Seal) Approved February 26, 1959. DUTIES OF CLERK OF SUPERIOR COURTS IN CERTAIN COUNTIES. Code 24-2715 Amended. No. 78 (House Bill No. 163). An Act to amend section 24-2715 of the Code of Georgia of 1933, as amended, which section relates to additional duties of clerks of the superior court, so as to provide that in all counties of this State having a population of not less than 15,200 and not more than 15,900, according to the 1950 United States census, or any future United States census, the clerks of the superior courts may provide separate index books for recording instruments affecting real estate and personal property, and that when separate books are so provided the personal property index need not be a duplex index; to provide that the index book of instruments affecting real estate shall show the name of the grantor and grantee of every instrument, the character of the instrument, the date and time of filing, the year of the instrument, the year of record and the book and page where recorded; to provide that the index book

Page 2095

of instruments affecting personal property shall be a single index book and shall show the name of the grantor and grantee of every instrument, the date and time of filing and the book and page where recorded; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 24-2715 of the Code of Georgia of 1933, as amended, which section enumerates additional duties of clerks of the superior courts and duties of the clerks of city courts, is hereby amended by adding a proviso to the end of paragraph 8 which shall read as follows: Provided, however, that in all counties of this State having a population of not less than 15,200 and not more than 15,900, according to the 1950 United States census or any future United States census, the clerks of the superior courts may provide separate index books for recording instruments affecting real estate and personal property at the expense of each county, and that when separate books are so provided a duplex index book shall be provided for instruments affecting real property wherein shall be indexed the names of the grantors and grantees of every such instrument recorded in his office, the character of the instrument, the date and time of the filing of the instrument, the year of the instrument, the year of record thereof, and the book and page where recorded; and a single index book, only, of the type and kind known as a direct index shall be provided for instruments affecting personal property wherein shall be indexed the names of the grantors and grantees of every such instrument recorded in his office listed in alphabetical order, the character of the instrument, the date and time of filing and the book and page where recorded. Counties where applicable. Records. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1959.

Page 2096

COUNTY POLICE IN COUNTIES OF NOT LESS THAN 22,650 AND NOT MORE THAN 23,450 PERSONS. Code 23-1410 Enacted. No. 79 (House Bill No. 167). An Act to amend Code chapter 23-14 relating to county police, so as to provide that in certain counties upon the recommendation of two (2) consecutive grand juries, the governing authority of such county shall have power to establish rules and regulations for the county police on the civil service plan; to provide that such rules and regulations shall provide that county police shall serve during good behavior and efficient service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code chapter 23-14 relating to county police is amended by inserting following Code section 23-1409 a new code section which shall be known as section 23-1410, which shall read as follows: 23-1410. In all counties having a population of not less than 22,650 and not more than 23,450, according to the 1950 U. S. census or any future census, upon the recommendation of two (2) consecutive grand juries, the governing authority of such county operating under the provisions of this chapter shall have the power to establish rules and regulations for the county police on the civil service plan; and all officers and men of said county police shall serve under civil service rules during good behavior and efficient service to be finally and exclusively judged of by the governing authority of the county. Rules, etc., authorized. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1959.

Page 2097

CITY OF DALTONRETIREMENT FUND OF POLICEMEN AND FIREMEN. No. 80 (House Bill No. 172). 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. 593), and an Act approved February 8, 1950 (Ga. L. 1950, p. 2264), and an Act approved February 14, 1958 (Ga. L. 1958, p. 2105), 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. L. 1945, p. 593), and an Act approved February 8, 1950 (Ga. L. 1950, p. 2264), and an Act approved February 14, 1958 (Ga. L. 1958, p. 2105), is hereby amended by striking section 24 of the amendatory act of 1958 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 paid in and on deposit by said participating member, provided, however, that said funds loaned to any participating member shall not be lent for a period of more than three years, and all loans

Page 2098

for amounts of $500.00 or more shall be first approved by a majority of the Civil Service Commissioners. All loans for more than 12 months shall be approved by a majority of the members of the Civil Service Commissioners. 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. Investment of funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Homer E. Winkle and Virgil T. Smith, who, on oath, deposes and says that they are representatives from Whitfield County, and that the attached copy of notice of intention to introduce local legislation was published in the Dalton News-Citizen, which is the official organ of said county, on the following dates: December 24, 31, 1958, January 7, 1959. /s/ Homer E. Winkle /s/ Virgil T. Smith Representatives, Whitfield County Sworn to and subscribed before me, this 26th day of January, 1959. /s/ Frances Y. Read Notary Public, Georgia, State at Large Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1959 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

Page 2099

Commission and the provisions relating to retirement of policemen and firemen; and for other purposes. This 23rd day of December, 1958. /s/ Homer E. Winkle /s/ Virgil T. Smith Representatives, Whitfield County Approved February 26, 1959. ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES AMENDED. No. 82 (House Bill No. 161). An Act to amend an Act creating small claims court in each county in this State having a population of not less than 18,923 and not more than 18,996, according to U. S. Census of 1950 or any future census, approved March 17, 1958 (Ga. L. 1958, p. 2298), so as to change the provisions as to costs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating small claims court in each county in this State having a population of not less than 18,923 and not more than 18,996, according to U. S. Census of 1950 or any future census, approved March 17, 1958 (Ga. L. 1958, p. 2298), 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.

Page 2100

If a party 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 and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1959. RETIREMENT BENEFITS FOR EMPLOYEES OF CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONS. No. 84 (House Bill No. 498). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.), as amended, 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 additional pension benefits for all employees who have served in excess of thirty (30) years at the time of retirement; to provide for leaves of absence for employees of the board of education of such cities; 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 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

Page 2101

cities, and for other purposes, as amended, be and the same is hereby further amended, as follows: Section 1. The pension benefits provided by this section and the several sub-sections shall be in lieu of like pension benefits provided by existing provisions of this Act. (a) Any officer or employee eligible for a pension under this Act who is in the employment of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the pension board prior to July 1, 1959. The applicant must agree in writing to accept the benefits and obligations of this amendment in lieu of other pension benefits and obligations under this Act, as amended. Election by employee. All such officers and employees in the employment of the city on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment. (b) When such officer or employee shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to one-half of the average monthly salary paid to such officer or employee during the twelve (12) months immediately preceding his retirement but said pension payment shall not exceed $150.00 per month, except as hereinafter provided. Amount of retirement. In case the officer or employee has served 26 years, or more, the amount of the pension payment shall be increased $5.00 per month for each full year's active service in excess of 25 years. In case the officer or employee has served 30 years, or more, the amount of the pension shall be increased an additional $5.00 per month for each full year's active service in excess of 30 years.

Page 2102

The records kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served. (c) The sum of 5% of the salary, not exceeding $300.00 per month, paid to such officer or employee in the event he does not provide for payment of a pension to his beneficiary as authorized by this Act, as amended, and the sum of 6% of the salary, not exceeding $300.00 per month, in the event he does provide for the continuance of the pension to his beneficiary, shall be deducted from the salaries or wages of all such officers and employees of such city who consent and agree to the provisions of this amendment. Like deductions shall be made from the salaries of those required to come under this amendment. The sums shall be retained by the comptroller or other chief finance officer of the city, as the case may be, and are hereby set apart as a pension fund, free from the control of any such city for any other purpose or expenditure. Contributions. (d) This section and the several subsections shall be effective the first day of the month following the passage and approval of this Act and the payments required by the preceding section, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the city, the payments shall begin with the employment or qualification for service. Effective date. (e) Any person who shall elect to come under the terms of this amendment and who shall retire within three (3) years of the effective date of this Act, shall pay or shall have paid into the pension fund an amount equivalent to 1% of his salary used in computing his retirement pay, for said three (3) year period. Contributions. (f) All regular officers or employees of the city, eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under the provisions of this Act, as now amended, and shall have all rights and

Page 2103

duties provided in the amended Act. Temporary employees shall not be required to participate in this Act, as amended. New employees. Section 2. In addition to the fund derived from deductions from salaries and wages as required by the terms of this Act, as amended, or as may hereafter be amended, it shall be the duty of the governing authorities and the boards of education of such cities to appropriate and pay into the pension fund established by this Act an amount which shall equal the total amount of deductions from the salaries and wages paid to officers and employees of said governing authorities and said boards of education. Should said fund at any time be insufficient to meet and pay the pensions due to such officers and employees, such governing authorities shall appropriate from current funds other than funds derived from ad valorem taxation and such boards of education shall appropriate from current funds sufficient amounts to make up the deficiency as it relates to their respective officers and employees. Contributions by employees. Section 3. In the event that the closing of any school or schools in said city shall become compulsory by Federal, State, or city order, and by reason thereof the board of education of said city fails to pay the salaries due any teacher or employee who comes under the provisions of this Act, then and in that event said board of education shall grant to such teacher or employee an indefinite leave of absence subject to the following terms and conditions: Closing of schools, effect on employees of board of education. Such leave of absence shall be terminated when the school or schools reopen and the payment of the salary of the teacher or employee is resumed; provided, however, that upon resumption of active employment, such teacher or employee shall have the same civil service, contractual, and pension rights as were effective at the time said leave of absence was granted, and that no rights or benefits shall be impaired by reason of such interruption of active employment.

Page 2104

Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 2, 1959. RETIREMENT BENEFITS FOR EMPLOYEES OF FULTON COUNTY BOARD OF EDUCATION. No. 85 (House Bill No. 499). An Act to amend an Act entitled An Act to provide in Fulton County a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, so as to provide additional pension benefits; to repeal section 1(b), (Ga. L. 1955, p. 2879); to increase the amount of employee contributions; to repeal section 1(e), (Ga. L. 1955, p. 2879); to provide for a leave of absence for teachers and employees of the board of education, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County and for other purposes. Approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, is hereby amended by repealing in its entirety sub-paragraph (b) of section 1 of an act approved March 7, 1955 (Ga. L. 1955, p. 2879 et. seq.). Section of prior Act repealed. Section 2. Said Act entitled An Act to provide Fulto County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County and for other purposes. Approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, is further amended by inserting a new paragraph

Page 2105

to be known as section 5-b which shall read as follows: Section 5-b. In the event that a teacher or employee served twenty-five years or more, the amount of the pension payment shall be increased $5.00 per month for each full year of active service in excess of twenty-five years. In the event a teacher or employee has served thirty years or more, the amount of the pension payment shall be increased an additional $5.00 per month for each full year of active service in excess of thirty years. Records kept in the office of the Board of Education of Fulton County shall be conclusive as to the time served by any such teacher or employee. Amount of retirement. Section 3. An Act entitled An Act to provide Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County and for other purposes. Approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, is hereby amended by repealing in its entirety sub-paragraph (e) of section 1 of an act approved March 7, 1955 (Ga. L. 1955, p. 2879 et. seq.). Section of prior Act repealed. Section 4. Said act is further amended by striking the first paragraph of section 6 in its entirety and inserting a new first paragraph of section 6 which shall read as follows: Section 6. Beginning on the first day of the month next succeding the effective date of this Act, there shall be deducted from the salaries or wages of all employees of the Board of Education coming under the provisions of this Act, an amount equal to 5% of the monthly salary of such teacher or employee up to a maximum of $300.00 per month for each such teacher or employee which shall be paid to the Treasurer of the Pension Board. If the teacher or employee desires that his widow or minor child or children succeed to his rights as pensioner upon his death, after retirement on pension or being eligible to retire, he may do so by designating his wife or minor child or children as beneficiary by paying an

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additional one per cent of his monthly salary up to $300.00 per month into the said fund, which shall entitle his widow, minor child or children, as the case may be, to 75% of the pension which he was drawing, or entitled to draw, at the time of his death, and which shall be paid under the conditions as set out herein. Said 1% shall be paid from the time the teacher or employee became a member of said fund. Provided, however, that before a wife or widow shall be eligible to a pension, she must have been married to the pensioner at least five years before he became eligible for retirement. At the beginning of each fiscal year, the board of commissioners shall appropriate a sum of money sufficient to match dollar for dollar the contributions made by the teachers and employees out of their salaries and wages for the previous fiscal year, in quarterly installments, pay the same out of the public funds of said county to the Treasurer of the Pension Board. Contributions to fund. Section 5. Any teacher or employee eligible for a pension under this Act who shall have been employed by said board of education prior to the effective date of this act may elect to come under the provisions of this act by making written application of such intention to the pension board prior to July 1, 1959. Election by employees. Section 6. Any such teacher or employee eligible for a pension under this Act who shall have been employed by said board of education prior to the effective date of this Act and who shall retire within three years of the effective date of this Act, shall pay or shall have paid into the pension fund an amount equivalent to one (1%) per cent of his salary used in computing his retirement pay for the said three years. Contributions. Section 7. Officers and employees of the Fulton County Board of Education who retired prior to April 1, 1955, and who are eligible for additional pension benefits under section 2 of said Act approved March 21, 1958 (Ga. L. 1958, p. 2752, et. seq.), shall not be required to pay any amount into the pension funds in order to receive such additional benefits. If such payments have

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been required by the board of trustees, they shall be immediately refunded. Retired employees. Section 8. In the event that the closing of any school or schools in Fulton County shall become compulsory through any Federal, State, or county order, and by reason thereof the board of education shall fail to pay the salary due any teacher or employee who comes under the provisions of this Act, then and in that event, said board of education shall grant to such teacher or employee an indefinite leave of absence, subject to the following terms and conditions: Closing of schools, effect on employees. Such leave of absence shall be terminated when the school or schools reopen and the payment of the teacher or employees' salary is resumed. Provided however, that upon resumption of active employment such teacher or employee shall have the same civil service, contractual and pension rights as were effective at the time said leave of absence was granted, and that no rights or benefits shall be impaired by reason of such interruption of active employment. Section 9. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 10. A copy of the notice 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, 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

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Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 22, 29 days of January, 1959 and on the 5 day of February, 1959, as provided by law. /s/ Frank Kempton Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia, now in session, for an amendment to the Fulton County School Employees Pension Law (Ga. L. 1945, p. 528 et. seq.), and the several acts amendatory thereof, to repeal conflicting laws and for other purposes. All matters pertinent to said Act as amended may be included. This the 21st day of January, 1959. /s/ Charles M. Brown, Senator Wilson Brooks M. M. (Muggsy) Smith Ralph McClelland, Representatives from Fulton County Sworn to and subscribed before me, this 9th day of February, 1959. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires October 18, 1959. (Seal) Approved March 2, 1959.

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TOWN OF THUNDERBOLTNUMBER OF ALDERMEN INCREASED, SPECIAL ELECTION. No. 88 (House Bill No. 99). 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 increase the number of aldermen; to provide for a special election; to prescribe the term of office for the additional aldermen; 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 3 in its entirety and by substituting in lieu thereof a new section 3, to read: Section 3. Be it further enacted, that the municipal government of the said Town of Thunderbolt shall be vested in a mayor and six (6) aldermen. The present mayor and aldermen, clerk and treasurer shall continue in office until the expiration of their terms, and until their successors are elected and qualified, as hereinafter provided. An election shall be held on the third Tuesday in March in the year of 1959 for two (2) aldermen, to fill the offices of aldermen whose terms of office are created by this Act. The two (2) aldermen then elected shall serve until the third Tuesday in January, 1961, and until their successors are elected and qualified. The two (2) aldermen elected shall take office one (1) week after they are elected. On the third Tuesday in January, 1961, an election shall be held for a mayor and six (6) aldermen who shall hold office for a full term and period of

Page 2110

two (2) years, and until their successors are elected and qualified. Thereafter, on the third Tuesday in January of each succeeding two (2) years, an election shall be held for a mayor and six (6) aldermen; each of said officers shall be elected to serve for a period of two (2) years and until their successors are duly elected and qualified. The legal hours of voting at such election shall be between seven (7) a.m. and six (6) p.m. No person shall be qualified to hold office of mayor and aldermen, clerk or treasurer unless he is a qualified voter of said town. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred S. Cheatham, Jr., who, on oath, deposes and says that he is representative from Chatham County, and that the attached copy of notice of intention to introduce local legislation was published in the Savannah Evening Press, which is the official organ of said county, on the following dates: December 31, January 7 and 14. /s/ Frank S. Cheatham, Jr. Representative, Chatham County Sworn to and subscribed before this 20th day of January, 1959. /s/ Jeanne Moon, notary public. State of Georgia: Chatham County: Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Robbie Miller, 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

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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 legislation will be introduced at the 1959 session of the General Assembly of Georgia to increase the number of aldermen on the board of aldermen for the Town of Thunderbolt from 4 members to 6 members and to provide for a referendum relative thereto. Ralph L. Crawford Town attorney has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of Dec. 31, Jan. 7, 14, 1959. Sworn to and subscribed before me this 14th day of January, 1959. /s/ Robbie Miller Notary Public, Chatham County, Ga. My Commission Expires Sept. 10, 1962. (Seal) Approved March 2, 1959. CITY OF MARIETTACHARTER AMENDED. No. 89 (House Bill No. 462). An Act to amend an Act incorporating the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, particularly by an Act approved August 17, 1906 (Ga. L. 1906, p. 849), an Act approved February 13, 1941 (Ga. L. 1941, p. 1590), an Act approved March 3, 1943 (Ga. L 1943, p. 1449), an Act approved February 4, 1949 (Ga. L. 1949, p. 238), an Act approved

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February 7, 1952 (Ga. L. 1952, p. 2246), an Act approved March 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3026), an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2267), an Act approved March 7, 1955 (Ga. L. 1955, p. 2973), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2594), so as to change, extend, redefine and describe the city limits; to provide for seven (7) wards; to provide for the election of one councilman from each ward; to provide for polls in each ward; to provide for general and special elections; to provide certain powers for the mayor and council; to change the salary of the mayor and councilmen and provide an effective date therefor; to provide for compensation for the members of the Board of Lights and Waterworks; to provide for the employment, duties and compensation of a city manager; to change certain provisions relating to the Civil Service System; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, particularly by an Act approved August 17, 1906 (Ga. L. 1906, p. 849), an Act approved February 13, 1941 (Ga. L. 1941, p. 1590), an Act approved March 3, 1943 (Ga. L. 1943, p. 1449), an Act approved February 4, 1949 (Ga. L. 1949, p. 238), an Act approved February 7, 1952 (Ga. L. 1952, p. 2246), an Act approved March 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3026), an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2267), an Act approved March 7, 1955 (Ga. L. 1955, p. 2973), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2594), is hereby amended by striking section 2 thereof, as amended by the amendatory Act of 1958, in its entirety, and inserting in lieu thereof a new section 2 to read as follows: 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

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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: All that territory in the County of Cobb and the State of Georgia, situated, lying and being within and between corporate limits of the City of Marietta, as the same now exists and a line described as follows: Beginning at a point in land lot No. 1071 in the sixteenth district and section 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 center line of the four lane highway for a distance of 400 feet to the center line of Allgood Road; thence north 19 degrees 03 minutes 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 degrees 37 minutes east along the northern boundary of land lot 1071 a distance of 26.7 feet to a point on the right of way line of Allgood Road; thence northeasterly along the south right of way line of Allgood Road for a distance of 2823.7 feet to a point located in land lot 997; thence south 28 degrees 30 minutes east a distance of 263 feet to a point; thence south 42 degrees 15 minutes east a distance of 299 feet to a point located in land lot 1020; thence south 61 degrees 45 minutes west for a distance of 202.5 feet to a point; thence south 40 degrees 35 minutes east for a distance of 79 feet to a point; thence south 49 degrees 25 minutes west for a distance of 258 feet to a point; thence south 59 degrees 33 minuutes west for a distance of 1045.3 feet to a point on the eastern boundary of land lot 1019; thence south 88 degrees 37 minutes 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 degrees 08 minutes west a distance of 200.5 feet to a point; thence south 56 degrees 22 minutes west a distance of 400 feet to a point on the southern boundary of land lot 1019; thence north 88 degrees 37 minutes east

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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 degree 13 minutes 30 seconds east along the eastern boundary of land lot 1070 a distance of 1521.2 feet to the southeast corner of land lot 1070; thence south 88 degrees 59 minutes 40 seconds west along the southern boundary of land lot 1070 for a distance of 500 feet to a point located 500 feet east of the center line of the four lane highway running thence southeasterly five hundred feet east of and parallel to the center line of 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 approximately 1068 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 degrees 00 minutes 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 degrees 10 minutes east along the northern boundary of land lot 1092 a distance of 771.5 feet to the northeast corner of land lot 1092; thence south along the eastern boundary of land lot 1092 for a distance of 930 feet to a point; thence south 54 degrees 00 minutes 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 for a distance of 2833 feet to a point in land lot 1094; thence northwesterly for a distance of 21 feet to a point on the north right of way line of Barnes Mill Road and the southwest corner of lot no. 16 of Bonnie Dell subdivision; thence north 23 degrees 29 minutes west along the western boundary of lot no. 16, block A, Bonnie Dell subdivision for a distance of 179.5 feet to a point on the

Page 2115

southern boundary of lot no. 8, Bonnie Dell subdivision; thence north 66 degrees 45 minutes west along the southern boundary 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 degrees 18 minutes west for a distance of 214.5 feet to the southeast corner of lot no. 1, block A, Bonnie Dell subdivision; thence south 89 degrees 52 minutes west along the southern boundary of lot no. 1, Bonnie Dell subdivision for a distance of 76.3 feet to a point on the east right of way line of Baker Lane; thence south 89 degrees 52 minutes west a distance of 50.7 feet to the west right of way line of Baker Lane; thence south 68 degrees 10 minutes west along the south right of way line of a connecting street between Bonnie Dell Drive and Baker Lane a distance of 266 feet to a point on the east right of way line of Bonnie Dell Drive; thence south 67 degrees 50 minutes 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 degrees 27 minutes west along the west right of way 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 degrees 46 minutes 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 degree 40 minutes west along the western boundaries of land lots 1094 and 1067 for a distance of 1486.1 feet to the northwest corner of lot no. 7, block E, Bonnie Dell subdivision; thence north 20 degrees 41 minutes 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 degrees 10 minutes 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 a point; thence north 77 degrees 49 minutes east along the northern boundary 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 degrees 39 minutes east along the eastern boundary of lot no. 9, block E, Bonnie Dell subdivision for a distance of 263.3 feet to the north right of way line of

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Bonnie Dell Drive; thence easterly along the north right of way line 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 degrees 45 minutes 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 degrees 41 minutes 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 degrees 35 minutes east along the northern 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 degrees 22 minutes east along 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 degrees 43 minutes 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 degrees 05 minutes east for a distance of 35.2 feet to the northwest corner of lot no. 16, block E, Bonnie Dell subdivision; thence south 51 degrees 02 minutes 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 degrees 17 minutes 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 degrees 30 minutes east along the northern boundary of lot no. 18, block E, Bonnie Dell subdivision for a distance of 120.6 feet to the western right of way line of Rosalyn Drive; thence south 58 degrees 32 minutes east along the edge of Sopes Creek and crossing Rosalyn Drive for a distance of 52.5 feet to the east right of way line of Rosalyn Drive; thence south 79 degrees 22 minutes east for a distance of 120.6 feet to a point on the northern boundary of lot no. 5, block H, Bonnie Dell subdivision; thence south 45 degrees 30 minutes 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

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to the northeast corner of said lot no. 1; thence south 26 degrees 31 minutes west along the eastern boundary of lot no. 1, block H, Bonnie Dell subdivision for a distance of 120 feet to the north right of way line of Mountain View Drive; thence south 26 degrees 31 minutes west for a distance of 50 feet to the south right of way line of Mountain View Drive; thence south 81 degrees 00 minutes west along the southern boundary of lot no. 14, block G, Bonnie Dell subdivision for a distance of 165 feet to a point on the southern boundary of said lot, no. 14; thence south 65 degrees 40 minutes 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 degrees 10 minutes 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 degrees 00 minutes 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 degrees 40 minutes 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 degrees 00 minutes 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 degrees 56 minutes 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 degrees 28 minutes 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 degrees 27 minutes 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 degrees 58 minutes east along the eastern boundary of lot no. 7, block I, Bonnie Dell subdivision for a distance of 27.9 feet to a point; thence north 73 degrees 15 minutes east for a distance of 502 feet to a point; thence north 67 degrees 22 minutes

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east for a distance of 118 feet to a point; thence south 3 degrees 10 minutes east for a distance of 300 feet to the north right of way line of Barnes Mill Road; thence south 67 degrees 22 minutes west along the north right of way line of Barnes Mill Road for a distance of 398 feet to a point; thence south 74 degrees 03 minutes west continuing along the north right of way 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 degrees 26 minutes east for a distance of 50.7 feet to the south right of way line of Barnes Mill Road; thence south 73 degrees 15 minutes west along the south right of way 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 degrees 31 minutes west along the northern boundary of land lot 1138 for a distance of 25 feet to the west right of way line of Wallace Road; thence south 16 degrees 43 minutes west along the west right of way line of Wallace Road for a distance of 574.3 feet to the southeast corner of lot no. 15, Brentwood subdivision; thence north 89 degrees 31 minutes 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 degrees 29 minutes 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 degrees 31 minutes 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 degrees 22 minutes west along the eastern boundary of land lot 1139 for a distance of 605 feet to a point; thence south 88 degrees 41 minutes 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 degree 24 minutes 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 degrees 41 minutes west along

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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 degree 24 minutes east along the eastern boundary of land lot 1165 for a distance of 635 feet to a point; thence north 89 degrees 21 minutes 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 subidivision; thence north 67 degrees 52 minutes 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 right of way line of Hagood Circle; thence south 67 degrees 40 minutes east, crossing Hagood Circle, for a distance of 80 feet to a point on the east right of way line of Hagood Circle; thence north 75 degrees 55 minutes east for a distance of 150 feet to a point; thence north 55 degrees 51 minutes east for a distance of 38.1 feet to a point; thence north 89 degrees 00 minutes east for a distance of 209 feet to a point on the west right of way line of Chert Road; thence north 1 degree 59 minutes west along the west right of way line of Chert Road for a distance of 496 feet to a point; thence easterly across Chert Road and along the north right of way line of South Street for a distance of 780 feet to the point of intersection of the north right of way line of South Street and the north right of way line of Varner Road; thence northeasterly along the north right of way line of Varner Road for a distance of 826.2 feet to a point; thence crossing Varner Road perpendicular to the north and south right of way lines for a distance of 50 feet to a point on the south right of way line of Varner Road; thence north 50 degrees 03 minutes east a distance of 220 feet to a point; thence north 1 degree 06 minutes east for a distance of 260 feet to a point on the northern boundary of land lot 1209; thence north 85 degrees 09 minutes east along the northern boundary of land lot 1209 for a distance of 260 feet to a point; thence south 1 degree 34 minutes east for a distance of 576.2 feet to a point; thence north 89 degrees

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10 minutes east for a distance of 109 feet to a point; thence south 1 degree 09 minutes east for a distance of 100 feet to a point; thence south 89 degrees 10 minutes west for a distance of 109 feet to a point; thence running south 1 degree 09 minutes east for a distance of 733 feet to the north right of way line of Roswell Road; running thence easterly along the north right of way 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 right of way line of Roswell Road said point being the northeast corner of the East Marietta shopping 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 eastern 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 eastern boundary of lot no. 17, Cloverdale Heights subdivision; thence southeasterly along the eastern boundary of lot no. 17, Cloverdale Heights subdivision, for a distance of 140 feet to a point located on the west right of way line of Rosewood Circle; running thence southwesterly along the west right of way 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

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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 right of way 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 5 feet east of the western boundary of the East Marietta shopping center; thence northeasterly along a line 5 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 right of way line of Roswell Road; thence westerly along the south right of way line of Roswell Road for a distance of 483.2 feet to the northeast corner of lot no. 26 of the Hattie D. and O. L. Dickerson subdivision; thence southwesterly along the eastern boundaries of lots no. 26 and no. 7 of the Hattie D. and O. L. Dickerson subdivision for a distance of 309.6 feet to a point on the north right of way line of Powers Ferry Road; thence northwesterly along the north right of way of Powers Ferry Road for a distance of 202.0 feet to the southwest corner of lot no. 4 of the Hattie D. and O. L. Dickerson subdivision; thence runing southwesterly and crossing Powers Ferry Road to a point on the south right of way line of Powers Ferry Road and the northwest corner of lot no. 19 of the L. C. Wylie subdivision; running thence northwesterly along the south right of way line of Powers Ferry Road to a point on the south right of way line of Roswell Road; thence westerly along the south right of way line of Roswell Road for a distance of 225 feet to the northwest corner of lot no. 3 of the L. C. Wylie subdivision; thence south 0 degrees 22 minutes east along the western boundary of lot no. 3 of the L. C. Wylie subdivision for a distance of 294 feet to a point; thence south 0 degrees 20 minutes east along the eastern boundary of lot no. 2 of the L. C. Wylie subdivision; for a distance of 125.2 feet to a point; thence westerly along the southern boundary of lots no. 1 and 2 of the

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L. C. Wylie subdivision for a distance of 96.7 feet to a point; thence south 89 degrees 30 minutes west along the southern boundary of lots no. 13, no. 12 and no. 11 of the G. N. Nash subdivision for a distance of 150 feet to a point; thence north along the eastern boundary of lot no. 10 of the G. N. Nash subdivision for a distance of 416.7 feet to a point on the south right of way line of Roswell Road; thence westerly along the south right of way line of Roswell Road a distance of approximately 660 feet to a point on the west right of way line of an un-named county road; thence southerly along the west right of way line of the said un-named county road for a distance of approximately 235 feet to a point on the north right of way line of Frey's Gin Road; thence north-westerly along the north right of way line of Frey's Gin Road for a distance of approximately 350 feet to a point on the south right of way line of Roswell Road; thence westerly along the south right of way 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 Frey's Gin Road; thence northerly along the center line of Frey's 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 right of way line of Powers Ferry Road; thence southeasterly along the south right of way line of Powers Ferry Road for a distance of 260.5 feet to a point; thence northeasterly and crossing Powers Ferry Road to the southwest corner of lot no. 11 of the Hattie D. and O. L. Dickerson subdivision; thence north 10 degrees 20 minutes 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 degrees 00 minutes 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;

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thence south 10 degrees 20 minutes 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 right of way line of Powers Ferry Road; thence southeasterly along the north right of way 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 degrees 20 minutes 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 degrees 00 minutes 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 right of way line of Charles Avenue; thence south 10 degrees 00 minutes west along the west right of way 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 degrees 30 minutes west along the northern boundaries of lots no. 46 thru no. 53, G. R. Bentley subdivision for a distance of 748.5 feet to the northwest corner of lot no. 46; thence northeasterly

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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 of the four lane highway; running thence southeasterly 500 feet east of and parallel to the center line of 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 the 2nd section of Cobb County, Georgia; thence running along the southern boundaries of land lots no. 575 and no. 506, in said 17th district and 2nd section of Cobb County, Georgia to a point located 857.3 feet east of the southwest corner of land lot no. 506; thence south 24 degrees 53 minutes east for a distance of 233.7 feet to a point; thence south 65 degrees 7 minutes west for a distance of 23 feet to a point; thence south 24 degrees 53 minutes east for a distance of 742.5 feet to a point; thence south 9 degrees 24 minutes west for a distance of 368.3 feet to a point; thence south 65 degrees 07 minutes west for a distance of 77.8 feet to a point on the southern boundary of land lot no. 507; thence westerly along the southern boundaries of land lots no. 507 and no. 502 for a distance of 2425.4 feet to the southwest corner of land lot no. 502; thence north 0 degrees 01 minutes east along the western boundary of land lot 502 for a distance of 1310.8 feet to the northwest corner of said land lot 502; thence running westerly along the southern boundaries of land lots no. 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 right of way line of Garrison Road, said boundaries being in part the northern boundary of the Marietta Aircraft Assembly Plant property; thence running west along the northern right of way line of said Garrison Road to a point 300 feet west of Powder Springs Road, said point lying on the original one mile radius city limit line of said city of Marietta, thence running in a northwesterly direction

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along the one mile radius city limit line to the intersection of the southern boundary of land lot no. 145 in 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 1325 feet to the southeast corner of said land lot; thence west along the southern boundary of land lot no. 143 for a distance of 1297.3 feet to the southwest corner of land lot no. 143; thence running south 1 degree 00 minutes east along the eastern boundary of land lot no. 75 for a distance of 1508 feet to a point on the south right of way line of Chestnut Hill Road; running thence southwesterly along the south right of way line of Chestnut Hill Road to the northeast corner of lot no. 41, Kings Mountain subdivision; thence south 7 degrees 46 minutes east along the eastern boundaries of lots no. 41 and no. 40, Kings Mountain subdivision, for a distance of 298.4 feet to a point on the north right of way line of Powder Springs Drive; thence southeasterly, crossing Powder Springs Drive, for a distance of 50 feet to a point on the south right of way line of Powder Springs Drive; thence southwesterly along the south right of way 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 degrees 32 minutes 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. 20; thence north 76 degrees 50 minutes east for a distance of 158 feet to a point; thence north 82 degrees 00 minutes east for a distance of 475 feet to a point; thence south 49 degrees 00 minutes east for a distance of 444 feet to the north right of way line of the Marietta-Powder Springs highway; thence southwesterly along the north right of way line of the Marietta-Powder Springs highway for a distance of approximately 333 feet to a point; thence running southeasterly and crossing the Marietta-Powder Springs highway for a distance of 100 feet to a point on the south right of way line of said highway; thence south 42 degrees 00 minutes east along the west right of way line of Booth Road for a distance of 482 feet to a point;

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thence south 16 degrees 30 minutes east continuing along the west right of way line of Booth Road for a distance of 120 feet to a point; thence south 32 degrees 00 minutes east along said right of way line for a distance of 100 feet to a point; thence south 60 degrees 30 minutes west for a distance of 634 feet to a point; thence north 76 degrees 00 minutes west for a distance of 157 feet to a point; thence north 61 degrees 00 minutes west for a distance of 15 feet to a point; thence north 67 degrees 00 minutes west for a distance of 115 feet to a point; thence north 32 degrees 30 minutes west for a distance of 120 feet to a point; thence running southwesterly 200 feet south of and parallel to the right of way line of the Marietta-Powder Springs highway for a distance of 873 feet to a point; thence southeasterly for a distance of 100 feet to a point; thence running southwesterly 300 feet south of and parallel to the Marietta-Powder Springs highway for a distance of 891 feet to a point; thence northwesterly for a distance of 305 feet to a point on the south right of way line of the Marietta-Powder Springs highway; thence running northeasterly along the south right of way line of said highway for a distance of approximately 2087 feet to a point; thence northwesterly and crossing the Marietta-Powder Springs highway for a distance of 100 feet to a point on the north right of way line of said highway; thence north 27 degrees 10 minutes west for a distance of 286 feet to a point; thence south 67 degrees 50 minutes west for a distance of 81 feet to a point on the east right of way line of Powder Springs Drive; thence south 17 degrees 27 minutes east along the east right of way line of Powder Springs Drive for a distance of approximately 320 feet to the north right of way line of the Marietta-Powder Springs highway; thence southwesterly and crossing Powder Springs Drive to the northwest intersection of Powder Springs Drive and Powder Springs Road; thence south 50 degrees 48 minutes west and following the north right of way line of the Marietta-Powder Springs highway for a distance of 1533.1 feet to a point; thence running north 27 degrees 30 minutes west for a distance of 474.4 feet to a point on the eastern boundary of land lot no. 68; thence north 2 degrees 25 minutes west along the eastern

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boundary of land lot no. 68 for a distance of 768.8 feet to the northeast corner of land lot no. 68; thence south 88 degrees 50 minutes 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 degrees 07 minutes west for a distance of approximately 463 feet to a point on the north right of way line of Chestnut Hill Road; thence northeasterly along the north right of way line of Chestnut Hill Road for a distance of approximately 870 feet to a point in land lot no. 76; thence running north 89 degrees 29 minutes 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 degrees 00 minutes 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 degrees 29 minutes 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 degrees 00 minutes 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 degrees 29 minutes west for a distance of 50 feet to a point on the western boundary of land lot no. 70; thence north 0 degrees 00 minutes 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 degrees 06 minutes east for a distance of 283 feet to the northeast corner of lot no. 14, extension no. 6, Whitlock Heights subdivision; thence north 66 degrees 36 minutes 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 degrees 36 minutes 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 degrees 21 minutes east along

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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 degrees 39 minutes east for a distance of 768.5 feet to a point on the center line of Kirkpatrick Drive; thence northerly along the center line of Kirkpatrick Drive 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 right of way line of South Lindley Avenue; running thence north along the west right of way line of South Lindley Avenue for a distance of 200 feet to a point on the south right of way line of the Dallas highway; running thence westerly along the south right of way line of the Dallas highway for a distance of approximately 1927 feet to a point; running thence south 1 degree 00 minutes 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 degrees 30 minutes west for a distance of approximately 456 feet to a point located in land lot no. 324 of the 20th district, 2nd section, Cobb County, Georgia; running thence north 1 degree 00 minutes west for a distance of 839 feet to a point; running thence south 83 degrees 57 minutes west for a distance of 303 feet to a point; running thence north 10 degrees 10 minutes east for a distance of 233.4 feet to a point; running thence north 20 degrees 41 minutes 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 right of way line of the new Dallas highway; running thence westerly along the south right of way 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;

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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 right of way line of the new Dallas highway; running thence southwesterly along the south right of way line of the new Dallas highway for a distance of approximately 830 feet to the northeast corner of lot no. 1, Windsor Farms subdivision; running thence south 62 degrees 48 minutes east for a distance of 53 feet to the southeast corner of lot no. 1, Windsor Farms subdivision; thence south 41 degrees 00 minutes west along the southern boundary of lot no. 1, Windsor Farms subdivision, for a distance of 160 feet to a point; thence south 57 degrees 15 minutes 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 degrees 45 minutes 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 degrees 45 minutes west for a distance of 891 feet to the southwest corner of lot no. 12, Windsor Farms subdivision; running thence south 32 degrees 45 minutes 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 degree 30 minutes 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 degrees 00 minutes 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 degree 30 minutes west along the western boundary of land lot no. 34 for a distance of 1194 feet to a point on the south right of way line of the Dallas highway; thence continuing north 1 degree 30 minutes west for a distance of 80 feet to a point on the north right of way line of Dallas highway, said point being located in land lot no. 326, 20th district, 2nd section, Cobb County, Georgia;

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thence running northeasterly along the north right of way line of the Dallas highway for a distance of 910 feet to the southwest corner of the Kennesaw Memorial Park Cemetery; thence north 2 degrees 21 minutes west along the western boundary of Kennesaw Memorial Park Cemetery for a distance of 2409 feet to a point on the northern boundary of land lot no. 326; thence north 89 degrees 00 minutes east along the northern boundary of land lot no. 326 for a distance of 642 feet to the northeast corner of land lot no. 326; thence north 1 degree 30 minutes west along the western boundary of land lot no. 322 for a distance of 1289 feet to a point; thence north 73 degrees 15 minutes 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; thence north 86 degrees 37 minutes east for a distance of 23 feet to a point; thence south 73 degrees 10 minutes east for a distance of 99.5 feet to a point; thence north 86 degrees 38 minutes east for a distance of 351.0 feet to a point; thence south 37 degrees 33 minutes east for a distance of 100.0 feet to a point; thence south 5 degrees 06 minutes east for a distance of 229.7 feet to a point; thence south 0 degrees 10 minutes east for a distance of 245.0 feet to a point; thence south 52 degrees 50 minutes east for a distance of 83.5 feet to a point on the north right of way line of the Dallas highway; thence running easterly along the north right of way 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 Dollas 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 degrees 12 minutes west for a distance of 375 feet to the southeast corner of lot no. 7, block B, Glad Acres subdivision; thence south 87 degrees 45 minutes west along the southern boundaries of lots no. 7 and no. 8, block B, Glad

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Acres subdivision for a distance of 175 feet to the southwest corner of said lot no. 8; thence north 3 degrees 12 minutes west for a distance of 175 feet to the center line of Faith street; thence south 87 degrees 45 minutes west along the center line of Faith Street for a distance of 235 feet to a point; thence north 4 degrees 30 minutes west for a distance of 525 feet to the north right of way line of Polk Street; thence south 87 degrees 45 minutes west along the north right of way 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 right of way line of Stewart Avenue; running thence east along the south right of way 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 degrees 39 minutes 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; thence north 79 degrees 58 minutes 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 degrees 34 minutes 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 degrees 34 minutes east along the eastern 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 northeasterly along the original one mile radius city limit line to a point intersecting the east right of way line of the Louisville and Nashville Railroad; thence running north along the east right of way 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

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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 located on the south property line of lot no. 22, Kenview subdivision; thence running west for a distance of 85 feet more or less to the northeast corner of lot no. 27, Kenview subdivision; thence south for a distance of 205 feet to the southeast corner of lot no. 29, Kenview subdivision; thence running westerly for a distance of 170 feet to a point on the east right of way line of Martin Street; thence running west and crossing Martin Street for a distance of 40 feet to a point on the west right of way line of Martin Street; thence running north along the west right of way line of Martin Street for a distance of 210 feet more or less to the point of intersection of Martin Street and Spring Street; thence west along the south right of way line of Spring Street for a distance of 210 feet to a point; thence running north 210 feet west of and parallel to Martin Street for a distance of 560 feet to a point on the south right of way line of Tower Drive; thence continuing north and crossing Tower Drive for a distance of 40 feet to a point on the north right of way line of Tower Drive; thence east along the north right of way line of Tower Drive for a distance of approximately 244.9 feet to a point; thence north for a distance of 423 feet to a point on the north right of way line of Conger Drive; thence east along the north right of way line of Conger Drive for a distance of 600 feet to the west right of way line of Campbell Hill Street; thence south along the west right of way 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 northern boundaries of land lots no. 1074 and no. 1075 to a point located on the east right of way line of Church Street; running thence northerly along the east right of way line of Church Street for a distance of 267.3 feet to a point; running thence north 74 degrees 43 minutes east for a distance of 293.4 feet to a point; thence south 5 degrees 15 minutes east for a distance of 285.1 feet to a point; thence south 25 degrees 31 minutes east for a distance of 75 feet to a point; thence south 73 degrees

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46 minutes 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 right of way line of the Canton Road; running thence north along the east right of way 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 right of way line of the Georgia Power Company property; thence southeasterly along the Georgia Power Company right of way 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 east 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. Said Act, as amended, is further amended by striking thereform section 31 in its entirety, substituting in lieu thereof a new section 31 to read as follows: Section 31. For the purpose of electing the councilmen as hereinbefore provided, the City of Marietta is hereby divided into seven wards, the territorial limits of which shall be as hereinafter described. In the event any territory is hereafter annexed to the corporate limits of the City of Marietta, it shall be added to the ward to which it is contiguous; provided, however, if such territory is contiguous to two or more wards, such territory

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shall be apportioned equitably by the mayor and council to such contiguous wards. The descriptions of said wards are as follows: Words. First Ward. Beginning at the intersection of the center line of Washington Avenue, and Atlanta Street, and South Park Square, running thence east along the center line of Washington Avenue, to the intersection of the center lines of Washington Avenue, and Roswell Street; thence east along the center line of Roswell Street to the center line of Fairground Street; thence south along the center line of Fairground Street to the south city limits; thence west along the city limit line to the center line of Atlanta Street; thence north along the center line of Atlanta Street to the point of beginning. Second Ward. Commencing at the intersection of the center lines of South Park Square and Atlanta Street, thence in a southerly direction along the center line of Atlanta Street until said line intersects the south city limits; thence in a general westerly direction along the city limit line until said city limit line intersects the eastern boundary of the Kennesaw Memorial Park; thence in a northerly direction along the eastern boundary of Kennesaw Memorial Park to the center line of the Dallas Highway; thence in an easterly direction along the center lines of the Dallas Highway and Whitlock Avenue to South Park Square and the point of beginning. Third Ward. Commencing at the intersection of the center lines of Whitlock Avenue and West Park Square; running thence in a westerly direction along the center lines of Whitlock Avenue and the Dallas Highway to the eastern boundary of the Kennesaw Memorial Park; thence in a northerly and easterly direction along the city limit line of Kennesaw Avenue; thence in a southeasterly direction along the center line of Kennesaw Avenue to the center lines of Church Street and West Park Square to the center line of Whitlock Avenue and the point of beginning. Fourth Ward. Commencing at the intersection of

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the center lines of South Park Square and East Park Square; running thence in a westerly direction along the center line of South Park Square to the center line of West Park Square; thence in a northerly direction along the center lines of West Park Square and Church Street to the intersection of Kennesaw Avenue; thence northwesterly along the center line of Kennesaw Avenue to the city limits; thence in a general easterly direction along the center lines of Cherokee Street and East Park Square to the center line of South Park Square and point of beginning. Fifth Ward. Commencing at a point on the city limit line located 500 feet east of the center line of the four lane highway and 400 feet north of the center line of Allgood Road; thence in a general southerly direction along the city limit line to the center line of Barnes Mill Road; thence northeasterly along the center line of Barnes Mill Road to the western boundary of Bonnie Dell subdivision; thence along the city limit line and the boundary of the Bonnie Dell subdivision to the center lines of Barnes Mill Road; thence southwesterly along the center line of Barnes Mill Road to the eastern R/W line of the four lane highway; thence southeasterly along the eastern R/W line of the four lane highway to a point directly opposite the north R/W line of Austin Avenue; thence southwesterly along the north R/W line of Austin Avenue to the center line of Sky View Drive; thence northwesterly along the center line of Sky View Drive to the center line of Amy Drive; thence southerly along the center line of Amy Drive to the junction of Amy Drive and Austin Avenue; thence northeasterly to the intersection of the center lines of Fairground Street and Rigby Street; thence westerly and southwesterly along the center line of Rigby Street to the center line of Lemon Street; thence westerly along the center line of Lemon Street to the center line of Cherokee Street; thence northerly along the center line of Cherokee Street to the north city limit line; thence easterly along the city limit line to a point on the city limit line located 500 feet east of the four lane highway and 400 feet north of Allgood Road and point of beginning.

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Sixth Ward. Commencing at the intersection of the center lines of Lemon Street and Cherokee Street; thence easterly along the center line of Lemon Street to the center line of Rigby Street; thence northeasterly and easterly along the center line of Rigby Street to the center line of Fairground Street; thence southeasterly to the junction of Amy Drive and Austin Avenue; thence northerly along the center line of Amy Drive to the intersection of the center lines of Amy Drive and Sky View Drive; thence easterly along the center line of Sky View Drive to the north R/W line of Austin Avenue; thence northeasterly along the north R/W line of Austin Avenue to a point on the eastern R/W line of the four lane highway located directly opposite the north R/W line of Austin Avenue; thence northwesterly along the eastern R/W line of the four lane highway to the center line of Barness Mill Road; thence northeasterly along the center line of Barnes Mill Road to the east city limit line; thence in a general southerly direction along the city limit line to the center line of Roswell Road; thence westerly along the center line of Roswell Road, Roswell Street and Washington Avenue to the center line of East Park Square; thence northerly along the center lines of East Park Square and Cherokee Street to the center line of Lemon Street and the point of beginning. Seventh Ward. Commencing at the intersection of the center lines of Roswell Street and Fairground Street; thence in an easterly direction along the center lines of Roswell Street and Roswell Road to the east city limit line; thence in a general southwesterly direction along the city limit line to the south city limit line; thence in a westerly direction along the south city limit line to the center line of Fairground Street; thence in a northerly direction along the center line of Fairground Street to the center line of Roswell Street and the point of beginning. Section 3. Said Act, as amended, is further amended by striking therefrom section 24 in its entirety, and substituting in lieu thereof a new section 24 to read as follows:

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Section 24. The mayor and four (4) members of council shall constitute a quorum for the transaction of any business, and a majority of the votes shall determine all questions and elections coming before them. The mayor and council shall have power to organize such police force as the needs of the city may require, and to pass such ordinances, rules and regulations respecting the fire department, fire limits, buildings, fences, shade trees, cisterns, parks, sidewalks, awnings, lights, water, water and gas mains and hydrants, electric, telegraph and telephone wires and poles, pavements, cemeteries, hogs, dogs, cattle and other animals and fowl; respecting the streets of said city, to open, improve, change or close the same; respecting sewers, market houses, public buildings, workhouses, public schools, care of the poor, pesthouses, disorderly houses, houses of ill fame, vehicles, pumps, wells, drains, culverts, ponds, the removal of pests and abatement of nuisances; and respecting the illegal sale of intoxicating, spirituous, vinous or malt liquors; and respecting the having of such liquors for illegal sale or distribution, or delivering or furnishing the same, or receiving pay therefor; and respecting the valuation of property for taxation by assessors, or otherwise, and to provide for arbitration in case of a disagreement between the owner and city authorities as to the valuation of such property, and shall provide for written notice to said property owner and shall provide for a hearing before the assessors as to the valuation of property, said notice to give the time and place of said hearing and the right of arbitration; and every bylaw, regulation, or ordinance that shall appear to them necessary and proper for the security, welfare and interest of said city, or for preserving the peace, health, sobriety, morals, order and good government of the same. Mayor and council. The regular monthly meeting of the mayor and council shall be on the first Monday night in each month, provided the council does not set some other time as the regular meeting time by ordinance duly adopted. Any meeting of the mayor and council, provided a majority attends, shall have the same power, rights, force, and effect as a regular meeting has, or provides.

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Section 4. Said Act, as amended, is further amended by striking the following sections therefrom, to wit: Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 24, 25, 26, 27, and 28 of the act entitled Marietta Charter Amendments approved February 7, 1952 (Ga. L. 1952, pp. 2246-2265). Sections 1, 2, 3, and 4 of the act entitled MariettaCivil Service System, approved March 3, 1953, (Ga. L. 1953, Jan.-Feb. Sess., pp. 3026-3029). Sections of prior Acts repealed. Sections 3, 4, and 5 of the act entitled City of Marietta Charter Amended, approved March 17, 1958 (Ga. L. 1958, Vol. 2, pp. 2594-2616). and substituting in lieu thereof the following new sections to read as hereinafter set forth: Section 5. That all officers and members of the fire and police departments of the City of Marietta, including the chiefs of said departments, must and shall be under and governed by the civil service regulations, under the direction and supervision of a board of civil service hereinafter created, and all persons who may hereafter be elected or appointed as officers or members of such departments shall thereafter remain and continue in their respective employment as such municipal officers and employees during good behavior, efficiency and obedience to such reasonable rules and regulations as may from time to time be prescribed by said civil service board, as hereinafter provided; provided, however, that nothing herein contained shall be construed to prevent or preclude the removal of any officer or member of said fire or police departments of the City of Marietta by said civil service board for cause, in the manner hereinafter prescribed. Civil service system. Section 6. The following definitions, as used hereinafter, shall apply: Members of the Fire Department. The words Members

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of the fire department, as used herein, shall mean and include the chief of the fire department, assistant chief of the fire department, captains, lieutenants, engineers, assistant engineers and firemen, fire inspectors, and all others who are regularly carried on the payroll of such fire department, and in addition to those specifically named hereinbefore such others as such civil service board may find and designate to properly be such members, respectively, of said fire department. Members of the Police Department. The words Members of the police department, as used herein, shall mean and include the city marshal which shall be construed to be, or mean chief of police, and all officers of said department, the patrolmen, plain clothesmen, and such other persons as such civil service board may find and designate to properly be such members, respectively, of said police department. Section 7. Within thirty days after the passage and approval of this Act, the mayor and council of the City of Marietta shall appoint a resident and freeholder of said city as a member of said civil service board for a term of two years; the members of the fire and police departments, by secret ballot, shall elect a resident and freeholder of said City of Meritta as a member of said civil service board for a term of three years, which election shall be certified by the chiefs of the fire and police departments to the mayor and council of the City of Marietta and entered upon the minutes of said council. The two men so selected shall select a third resident and freeholder of Marietta for a term of one year, whose selection shall be in writing and signed by them and entered upon the minutes of the mayor and council of the City of Marietta. Provided if the two men first selected as above provided, that is the person selected by the mayor and council of the City of Marietta and the person selected by the members of the fire and police departments of said city, shall fail within 30 days after their election to agree on and designate such third member of the civil service board, then in such event both of said members shall resign and successors shall

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immediately be selected in the manner in which such two members were selected. At the expiration of the term of each member, the election shall be thereafter by the same method and all persons shall be elected for a full period of three years; the board shall consist of three members at all times. Members of civil service board, terms, etc. In the event of a vacancy upon said board caused by death, resignation or other cause, the vacancy shall be filled by election by either the mayor and council of the City of Marietta, the members of the fire and police departments or the two members of said board, who shall elect such successor for the unexpired term, such vacancy to be filled in the same manner and by the same authority as the deceased or retired member has been elected. If any member of the civil service board shall miss and fail to attend any two consecutive meetings of the board duly and properly called as herein provided, then in such event the mayor and council of the City of Marietta at any regular or special meeting may by resolution terminate the term of such member and declare that a vacancy exists on said board which shall be filled as above provided. No person shall be eligible to be a member of said board who holds any office of profit or trust under the city, county or state, or who is less than twenty-five years of age or over sixty-five years of age, and who is not a freeholder and a bona fide resident and qualified voter of said city. Section 8. Every person who shall be elected as a member of such civil service board according to the provisions of this Act shall, within fifteen days after such election, qualify by taking oath that he is eligible for said office and will execute the duties of the same according to the best of his knowledge and ability, and such other oath as may be required by the charter of the City of Marietta and the laws of the State of Georgia of public officials. Such oath shall be administered by any person authorized by law to administer oaths, and a copy thereof filed with the clerk of the mayor and council of the City of Marietta. Same, oath.

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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 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. Same, rules, etc. Section 10. All applicants for place or position on the fire and police departments shall file their applications in writing with the civil service board, said applications to be on the blank forms furnished by the board, and all applicants must be subject to examinations, which shall be public, competitive, and open to all citizens of the United States, within limits as to age, health, habits and moral character, to be fixed by said civil service board. Said examinations shall be both oral and written

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and shall be practical in their character and shall relate to those matters which will fairly test the capacity of the persons examined to intelligently discharge the duties of the position to which they aspire. Applications for employment, examinations, etc. Section 11. The board shall control all examinations, and whenever an examination is to take place, shall conduct such examination. Provided that before any such examination is held that public notice of same shall be given at least 15 days prior to same. Such public notice shall be posted in at least three prominent places in the City of Marietta, which shall be as follows: the city hall, post office and the Cobb County courthouse, and shall be run once a week for two weeks in a newspaper of general circulation in the City of Marietta and Cobb County. Same. 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, may discharge any probationer in their departments, and such probationer shall not be entitled to a hearing upon such discharge. If a probationer be not discharged before the expiration of his probation, his appointment shall be deemed complete. Appointments. Section 13. In the event any vacancy occurs in the office of the chief of the fire department or in the office of the chief of the police department the civil service board shall submit to the mayor and council of the City of Marietta the names of three persons deemed qualified to fill such positions. Such submission shall be made to the mayor and council in open session by a member or

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members of the civil service board, together with any comments that such board or any member thereof cares to make concerning same. At the next regular or special meeting of the mayor and council there shall be selected from the three persons so submitted the new chief of the police or fire department as the case may be. Selection of chief of fire department or chief of police department. Section 14. No member of the fire or police department shall be removed or discharged, nor shall the chief of the fire department or the chief of the police department be removed, discharged or demoted except for cause upon written charges or complaint and after an opportunity for an open public hearing in his own defense before the civil service board. Such charge shall be served upon such person at least five days before the date fixed for such hearing. Such charges shall be investigated by and before the civil service board after service upon the person charged with a copy of the charges, as hereinbefore provided. The decision of the board thereon shall be given in writing to the accused, and a copy thereof filed with the clerk of the mayor and council of the City of Marietta. In all proceedings before the civil service board the city attorney shall appear and represent the interest of the city when ordered to do so by the civil service board if approved by the mayor and council. The person against whom charges are preferred shall have the right to employ counsel to represent him on the hearing before said board. Said board shall have power to subpeona witnesses, both in behalf of the city and of the accused, and to require the production of any books, papers or records material to the issues in said case, by subpoena to be issued in the same manner as subpoenas are issued by the recorder's court of the City of Marietta, signed by the chairman of said board, and said board shall have power to punish for contempt by a fine not exceeding $10.00 or imprisonment not exceeding five days any person willfully failing or refusing to obey such subpoena. Hearings. Section 15. In the course of any investigation by said civil service board, any member thereof shall have the power to administer oaths to any witness. Same, oaths.

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Section 16. The civil service board shall at all times have access to all files, records and data of the fire and police departments of the City of Marietta, and on request to either the chief of the fire department, the chief of the police department or the clerk of the mayor and council of the City of Marietta must be furnished with any such record information as may be approved by the mayor and council and upon their request the chief of the fire department or the chief of the police department shall furnish to them the name of any officer or fireman or member of either department whom they may suggest for the purpose of making any investigation concerning the operation of said department or the conduct of any member of said department. Access to records. Section 17. Said civil service board shall elect one of its members as chairman, who shall hold office as such chairman at the pleasure of the board. Said civil service board shall hold regular meetings on the third Mondays in January, April, July and October, for the transaction of any business that may come before it and may hold special, adjourned or call meetings at any time that the same may be called by the chairman of said board or by any two members thereof. In the case of any and all special or called meetings of the board, called in the manner hereinbefore provided, the clerk of the said board, which clerk shall be the city clerk of the City of Marietta or his designee, shall give all members of the board five day written notice of such call or special meeting; and such a meeting cannot be legally held unless each member received such five days written notice or waives same in writing. Provided, however, that if a member absences himself from the city for more than 30 continuous days; then in such event a meeting may be duly and regularly held upon giving the requisite notice to the other two members of the board. At any regular, special or call meeting any two members of the board shall constitute a quorum for the transaction of business and the votes of any two members of the board shall be sufficient to transact its business. All meetings of the board shall be held in the city hall of the City of Marietta,

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or in such place as the city council holds its meetings. Chairman, meetings, etc. Section 18. Said civil service board shall keep minutes of their meetings and records of all business transacted by them at each and every meeting. All such minutes and records shall be open to inspection at all times by the public and shall be on file in the office of the clerk of the mayor and council of the City of Marietta. The clerk of the board, or his designee, shall attend all meetings of said civil service board and shall keep the minutes and records of same. Minutes. Section 19. The compensation of the members of said civil service board and the clerk of such board shall be $10.00 for each member or clerk for each meeting attended. The mayor and council of the City of Marietta shall provide for the payment of the salaries of the members of said civil service board and the clerk of such board and the payment of all expenses of said board, if such expenses other than salaries are approved by the mayor and council, and shall provide in the annual budget for the estimation and appropriation of a sufficient amount to cover same. Compensation. Section 20. No officer or employee or member of said fire or police department shall solicit orally or by letter or otherwise or receive or be in any manner concerned in soliciting a vote, or votes or receiving any assessment or subscription or contribution for any candidate for any municipal office of the City of Marietta. Political activity by members of fire and police departments. Section 21. No member of said fire or police department shall in any wise undertake or threaten to degrade, discharge or demote, or in any manner change the official rank of pay of any officer or employee of said departments, or promise or threaten to do so, for giving or withholding or neglecting to make any contribution of money or any valuable thing for any person, party or for any political purpose whatsoever, or for the support of any candidate. No member of said fire or police departments shall receive any promotion as a reward for

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his support of any candidate or political party, and no member of said fire or police departments shall be reduced in rank or pay or discharged for his failure to support any candidate for political office. Same. Section 22. No recommendation made by any officer or official, whether said officer or official be a city, county, State or National officer or official, of any person being examined for membership in said department shall be considered by the civil service board except as the same may apply to the general moral character of the applicant. Recommendations for applicants for employment. Section 23. Any member of the fire or police departments, by appointment under the civil service rules who shall willfully, or through culpable negligence violate any provisions of this Act, or any criminal statute of this State, or such ordinance of this city, or the rules of said civil service board or of said fire or police departments shall be dimissed from the services of the city, as hereinbefore provided, and shall not be subject to reappointment for two years thereafter. Penalty for violating provisions of Act. Section 24. Any officer or employee of the city other than those holding office under the civil service rules who shall willfully, or through culpable negligence violate any of the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof in the recorder's court be fined a sum of not more than $100.00 or sentences to serve not more than fifty (50) days in the jail of said city. Same. Section 25. Every member of the fire and police departments of the City of Marietta coming within the provisions of this Act shall have been such member for a period of four years in any capacity, though not consecutively, prior to the day upon which this Act shall go into effect shall retain his position without examination, and be subject to all the conditions and benefits of this civil service law. This provision shall apply to the chiefs of said departments, the assistant chiefs and all officers in their present positions. Present employees.

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Section 26. No person shall be eligible to take the civil service examination or to be appointed as a member of the fire or police departments of the City of Marietta, under the provisions of this Act, who is not a citizen of the United States or who has ever been convicted of a felony, or who does not possess a good moral character. Character, etc. of applicants. Section 27. The civil service board shall, within ninety days from their appointment, adopt and have printed such rules and regulations for the government of the fire and police departments, in accordance with the provisions of this Act, as may seem necessary. Said board shall have the power and authority to fix the maximum and minimum age limits of applicants for examinations, and may specify the weight, heights and other physical requirements of all applicants. All such rules, regulations and qualifications shall be subject to approval by the mayor and council of the City of Marietta and shall only be effective on and after the date of such approval. Rules. Section 28. Any member of the civil service board who shall violate any of the provisions of this Act shall be subject to removal by a majority vote of the mayor and council of the City of Marietta after a full hearing before same and after having been served with written notice of the charges against him five days before the date set for such hearing. The finding of the said mayor and council of the City of Marietta upon such a hearing shall be final and conclusive and such person so removed shall not thereafter be eligible for re-election upon said board for a period of five years. If so removed his successor shall be elected in the same manner as he was elected. Violation of provision of Act by civil service board. Section 29. 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. Certiorari. Section 5. Said Act, as amended, is hereby further

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amended by repealing section 27 of the amendatory Act of 1953, Nov.-Dec. Sess., in its entirety and by striking from section 20 thereof, as amended by section 1 of the amendatory Act of 1952, the following sentence: The mayor shall be authorized to appoint a person to act in the capacity of a city manager at a salary to be determined and fixed by the council, and, in such event, the salary of the mayor shall be $100.00 per month during the tenure of office of such city manager; but, in the event no such person is thus appointed to act in the capacity as city manager, then the mayor shall receive a salary of $5500.00 per annum plus travel expenses and official business expenditures for and in behalf of the city, payable quarterly, between January 1 and December 31 of each of the years of 1952 and 1953, and substituting in lieu thereof the following: Effective January 1, 1960, the mayor shall be paid a salary of $3,000.00 per year payable in monthly installments of $250.00, plus travel expenses and official business expenditures for and in behalf of the city. Until January 1, 1960, the said mayor shall continue to receive his present salary of $5500.00 per annum, so that, as amended said section 20 shall read as follows: Section 20. Be it further enacted, that the mayor shall be the chief executive officer of said city, and he shall have general supervision over all its affairs. He shall sign all deeds and contracts, preside at all meetings of the council, and cast the deciding vote in case of a tie vote. It shall be his duty to see the laws of the State and ordinances of the city are faithfully executed within the corporate limits; to see that each officer of said city discharges his duty, and to cause any officer and employee to be prosecuted for neglect, or violation of duty, or immoral conduct. He shall keep the council advised from time to time of the general condition of the city, and shall recommend measures as he may deem necessary or expedient for the welfare thereof. He shall call the council together when so requested by a majority of the council, or when it seems to him to be important to the welfare of the city. Effective January 1, 1960, the mayor shall be paid a salary of $3,000.00 per year

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payable in monthly installments of $250.00, plus travel expenses and official business expenditures for and in behalf of the city. Until January 1, 1960, the said mayor shall continue to receive his present salary of $5500.00 per annum. At the first regular meeting of the council after his qualifications, he shall appoint standing committees, to whom shall be referred such business as the council may deem proper. He shall preside over the mayor's court for the trial of offenders against the ordinances of the City of Marietta and violations of the laws of said State within the corporate limits of said city. He shall have full power and authority to impose such fines not exceeding one hundred dollars and costs for the violation of any ordinance of said city, as shall seem to him reasonable and just, or he may require such violator to work on the streets or public works of said city, or be confined to the calaboose of said city, for such time as will be just punishment for the offense, but not in any single instance to exceed fifty (50) days. The fines imposed under this section may be enforced in the same manner as is provided for the collection of taxes, or by labor on the streets or confinement in the calaboose, as herein provided. 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 of violators of the laws of said State for offenses committed within the corporate limits of said city. The mayor shall perform and is hereby empowered to perform such other duties as the ordinances of said city shall provide and require or that the council may refer to him from time to time. Mayor. Section 6. Section 19 of said Act, as amended, particularly by section 3 of the amendatory Act of 1949, is hereby amended by striking therefrom the following: a marshal, deputy marshals, policemen, street overseer, sexton, and inserting in lieu thereof city attorney, and by adding at the end of section 19 the following: The mayor and council may, in their discretion, employ a city manager and define his duties, which shall

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not exceed the scope of the charter, and the mayor and council shall determine and fix, from time to time, the compensation to be paid to said city manager if employed. The members of the Board of Lights and Water Works of the City of Marietta, including the mayor and any member of the council who serve on this board, shall each receive six hundred ($600.00) dollars annually, payable in monthly installments of fifty dollars ($50.00), so that as amended section 19 of said Act shall read: The mayor and council at their first meeting after said election or as soon thereafter as is practicable shall proceed to appoint or elect a treasurer (who shall not be a councilman), a clerk of council, a city attorney, and in their discretion the mayor and council may appoint or elect such other officers, employees, agents or persons as may be necessary to carry on the activities, duties and functions of the city government with power in the mayor and council in their discretion to determine and fix the salaries or compensation, term of appointment or employment, nature of services, powers, rights, limitations and conditions thereof and for the discharge of any and all of them and the mayor and council are hereby authorized to confirm or ratify at any time the appointment of or the employment of any such persons or parties who shall likewise be subject to the provisions hereof. The mayor and council may, in their discretion, employ a city manager and define his duties, which shall not exceed the scope of the charter, and the mayor and council shall determine and fix, from time to time, the compensation to be paid to said city manager if employed. City manager. The members of the Board of Lights and Water Works of the City of Marietta, including the mayor and any member of the council who serve on this board, shall each receive six hundred dollars ($600.00) annually, payable in monthly installments of fifty dollars ($50.00). Section 7. Said Act, as amended, is hereby further

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amended by striking from section 28 of an amendatory Act thereof of 1953, Nov.-Dec. Sess., the following; January 1, 1954 and inserting in lieu thereof the following: January 1, 1960 and by striking the following: six hundred and fifty dollars ($650.00) and inserting in lieu thereof the following twelve hundred dollars ($1,200.00) and by striking the following: quarterly and inserting in lieu thereof the following: monthly, and by adding to said section 28 of said amendatory Act the following: Until January 1, 1960, the said councilmen shall continue to receive their present compensation not exceeding six hundred and fifty ($650.00) dollars per year. so that, as amended, said section 28 of said amendatory Act of 1953 shall read as follows: Section 28. In addition to the salary, or compensation as now provided for in and by the charter of the City of Marietta for the councilmen for council meetings, each councilman shall receive from and after January 1, 1960, for attending council-committee meetings and for his expenses in attending to city business affairs such sum, when added to the total salary as now authorized by the charter for council meetings shall equal but not exceed the combined sum of twelve hundred ($1,200.00) dollars per year, and such combined, or total, sum may be paid in equal installments, monthly. Until January 1, 1960, the said councilmen shall continue to receive their present compensation not exceeding six hundred and fifty ($650.00) per year. Compensation of councilmen. Section 8. Section 3 of said incorporating Act of 1904 as amended by said amendatory Acts, and particularly by the amendatory Act of 1958, is hereby repealed in its entirety and a new section 3 substituted in lieu thereof to read as follows: 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, quadrenially, on said day thereafter, an

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election shall be held in the said city for a mayor and seven (7) councilmen; the mayor from the city at large. The voters of each ward shall elect the councilmen from that ward in each regular or special election. In the event an election becomes necessary in one or more wards to fill any vacancy, a special election shall be called in each such ward. The mayor and council shall, fifteen days prior to any general or special election, appoint two (2) election managers to hold each such election in each ward in which an election is required. The said election managers shall be freeholders and registered voters of the city of Marietta and shall not be an election manager and candidate at the same election. The mayor and council shall fix from time to time the compensation to be paid for said election managers, when employed. The mayor and council shall provide for a poll for each city ward in which an election is required to be held. The mayor and council shall provide locked ballot boxes in all elections. Such ballot boxes shall be of wood or steel construction. The said ballot boxes shall be publicly examined and locked before voting begins in the morning and remain locked until voting is concluded and a public count of the votes begins at the polling place where such votes were cast. On each election day of either a general or special election the required polls shall be opened at 7:00 a. m. and shall remain open until 7:00 p. m. The person receiving the highest number of votes in any special or general election for the office voted for shall be declared duly elected and the managers of the election shall certify to the clerk, for transmittal to the mayor and council, the returns of elections held in their respective wards. Said certification shall be recorded by the clerk of the city council on the book of minutes or other book kept for such purpose. The mayor and council shall meet within three (3) days after any general or special election and consolidate and declare the official results thereof and spread same on the official minutes and records of the mayor and council of the City of Marietta. The record aforesaid shall be evidence of the results of the said election, and the authority of those elected to act. No

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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. Election of mayor and councilmen. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Cobb County. I, Brooks P. Smith, do hereby certify that I am publisher and general manager of The Marietta Daily Journal, the newspaper in which sheriff's advertisements appear in Cobb County, and the attached copy of notice of intention to introduce local legislation was published in said newspaper on the following days, to-wit: January 2, January 9, and January 16, 1959. Brooks P. Smith /s/ Brooks P. Smith Sworn to and subscribed before me, this 22nd day of January, 1959. Thelma D. Myers, /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My Commission Expires September 14, 1960. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1959 session of the General

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Assembly of Georgia, a bill to amend the charter of the City of Marietta (Ga. L. 1904, p. 519 et seq.) as heretofore amended, and for other purposes. This 2nd day of January, 1959. Harold S. Willingham, Raymond M. Reed, Eugene W. Holcombe, Cobb County Representatives. Approved March 2, 1959. CATOOSA COUNTYTAX COMMISSIONER'S SALARY, CLERICAL HELP. No. 92 (House Bill No. 114). An Act to amend an Act to create the office of Tax Commissioner of Catoosa County, approved February 10, 1937, (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved March 3, 1955 (Ga. L. 1955, p. 2519), so as to provide for additional compensation for clerk hire for said commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act to create the office of Tax Commissioner of Catoosa County, approved February 10, 1937, (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved March 3, 1955, (Ga. L. 1955, p. 2519), is hereby amended by striking from said Act as amended by the Act of 1955, all of section 5 of the original Act as amended, and substituting thereof a new section 5 as follows: Section 5. Be it further enacted by the authority aforesaid, that the compensation of the County Tax Commissioner of Catoosa County, Georgia, shall be, as

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full compensation for any and all the duties performed by him as receiver and collector of county, school district, and special taxes, a fixed salary of four thousand ($4,000.00) dollars per annum, to be paid in equal monthly installments; and in addition thereto the sum of three thousand ($3,000.00) dollars per annum, to be paid in monthly installments for clerical help necessary for the performance of duties of said office. The said tax commissioner shall be entitled to the commissions now allowed tax collectors on all State, professional, and special taxes collected by him. Section 2. This Act shall go into effect and become operative, and said compensation be paid, as in this Act provided, on and after the passage and approval of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Catoosa County. Personally appeared before me, an officer duly authorized by law to administer oaths, Ned Lee, who, being duly sworn, deposes and states that he is editor of The Catoosa County News, a paper of general circulation and the one in which sheriff's advertisements are published in Catoosa County, Georgia, and the above notice of intention to ask for local legislation was published in The Catoosa County News on the dates of January 1, 8, and 15, 1959. /s/ Ned Lee Sworn to and subscribed before me, this 19th day of January, 1959. /s/ Harold C. Yates Ordinary. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1959 session of the General Assembly of

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Georgia, a bill to provide for additional compensation for the Tax Commissioner of Catoosa County and to provide additional compensation for said commissioner's clerk and for other purposes. This 30th day of December, 1958. /s/ John W. Love, Jr. Representative, Catoosa County Approved March 5, 1959. CITY OF LAGRANGECORPORATE LIMITS EXTENDED. No. 94 (House Bill No. 124). An Act to amend an Act to create a new charter for the City of LaGrange in the county of Troup approved December 16, 1901 (Ga. L. 1901, p. 477), as amended particularly by an Act approved February 16, 1943 (Ga. L. 1943, p. 1423), and an Act approved January 31, 1950 (Ga. L. 1950, p. 2024), 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 to create a new charter for the City of LaGrange in the County of Troup approved December 16, 1901 (Ga. L. 1901, p. 477), as amended particularly by an Act approved February 16, 1943 (Ga. L. 1943, p. 1423), and an Act approved January 31, 1950 (Ga. L. 1950, p. 2024), is amended by inserting following section 3 thereof a new section which shall be known as section 3A which shall read as follows: Section 3A. In addition to the property heretofore included in the corporate limits of the City of LaGrange,

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the corporate limits of said city shall also include the following property: (a) Tract 1: All that certain tract or parcel of land lying and being in land lot 120 of the sixth land district of Troup County, Georgia containing 7.57886 acres, more or less, and more particularly described as follows: Starting from a point, said point being the southeast intersection of Poplar Circle and Greenville Road, (State route #109); running thence in a southern direction and along the eastern boundary of Poplar Circle for a distance of 2, 169.80[prime] to a point, said point being the northwest corner of the property of John E. Bradley; running thence north 86 41[prime]E, and along the northern boundary of the John E. Bradley property for a distance of 153.0[prime] to a point, said point being the intersection of the northern boundary of the Bradley property and the present city limits of the City of LaGrange, Georgia, this point being the beginning point of the herein described property; running thence N 86 41[prime]E for a distance of 222.0[prime] to a point; running thence south 2 59[prime]E for a distance of 472.37[prime] to a point; running thence S10 20[prime]E for a distance of 531.95[prime] to a concrete monument; running thence south 10 32[prime]E for a distance of 300.0[prime] to a point; running thence south 84 05[prime]W for a distance of 204.49[prime] to a point on the eastern boundary of Poplar Circle; running thence north 17 21[prime]W and along the eastern boundary of Poplar Circle for a distance of 426.0[prime] to a point; running thence north 18 00[prime]W and along the eastern boundary of Poplar Circle for a distance of 320.0[prime] to a point, said point being the intersection of the eastern boundary of Poplar Circle and the present city limits of the City of LaGrange, Georgia; running thence along the curve of the present city limits, said curve having a central angle of 019[prime] 10[prime], a radius of 10,560.00[prime], (Two statute miles), a chord of 588.43[prime] for an arc distance of 588.76[prime] to the point of beginning. Said property is further described as Total Area = 7.57886 Acres as shown on a plat designated as Property owned by petitioners requesting the City of LaGrange to extend its city limits to include said property,

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which was prepared by Stuart L. White, land surveyor, on December 11, 1958, which plat is recorded in plat book 8, page 170, in the Office of the Clerk of the Superior Court of Troup County, Georgia. The lines, metes, bounds and distances as appearing on said plat are adopted and made a part of this description the same as though delineated herein. (b) Tract 2: All those tracts of land lying and being in land lot 54 of 6th land district of Troup County, Ga. as follows: Beginning at a point where the present city limits of the City of LaGrange, Ga. intersects the western boundary of Young's Mill Road and running thence N2 55[prime]E along the western boundary of Young's Mill Road for a distance of 442.0[prime] to a point, said point being the southwest intersection of the western boundary of Young's Mill Road and the southern boundary of a 50[prime] public roadway; running thence N87 05[prime]W along the southern boundary of said 50[prime] public roadway for a distance of 565.0[prime] to a point, said point being the intersection of the southern boundary of said 50[prime] public roadway and the present city limits of the City of LaGrange, Ga. running thence in a southeasterly direction and along the curve of the present city limits for an arc distance of 724.94[prime], said curve having a central angle of 3 56[prime], a radius of 10,560.0[prime] (Two statute miles) and a chord distance of 717.39[prime] to the point of beginning. The within described property being the same property shown on a plat prepared by Stuart L. White dated Sept. 5, 1958 identified as Property owned by petitioners requesting the City of LaGrange to extend its city limits to include said property, recorded in plat book 8, page 171, and containing 2.866 acres. Said property being portions of plot A, plot B and plot E of a plat showing sub-division of D. A. Leman recorded in plat book 3, pages 78 79, Office of the Clerk of the Superior Court of Troup County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Affidavit of Publication. State of Georgia, Troup County. Personally appeared R. C. Swank, who being duly sworn says that he is the publisher of The LaGrange Daily News, a daily newspaper in LaGrange, Troup County, Georgia, and that the advertisement: Notice of Intention to Introduce Local Legislation, duly appeared in said newspaper on the following dates, to-wit: December 13, 19, 26, 1958. /s/ R. C. Swank, Publisher Sworn to and subscribed to before me, this 5th day of January, 1959. /s/ Sherrie Cook, Notary Public, State of Georgia. My Commission expires Dec. 3, 1961. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January-February, 1959 session of the General Assembly of Georgia: An Act to amend the charter of the City of LaGrange approved December 16, 1901, as amended, so as to extend the corporate limits of said city beyond the limits as now defined to include 2.866 acres, more or less, adjacent to Young's Mill Road and an area of 7.578 acres, more or less, adjacent to Poplar Circle; and for other purposes. Mayor and Council, City of LaGrange /s/ Horace E. Richter, City Attorney Approved March 5, 1959.

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TROUP COUNTYCOMPENSATION OF CORONER. Code 21-105 Amended as to Troup County. No. 96 (House Bill No. 414). An Act to amend section 21-105 of the Code of Georgia, relating to the fees paid to coroners, so as to provide that in Troup County the coroner shall be paid a 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 fees paid to coroners is hereby amended by adding thereto the following words: In Troup County, the coroner shall receive a salary of twelve hundred ($1200.00) dollars per year out of the county treasury, payable monthly. Said salary shall be in lieu of the fees allowed said coroner by law for holding inquests, all of said fees to be hereafter paid into the county treasury. Section 2. The effective date of this Act shall be March 1, 1959. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Troup County. In person before the undersigned authority comes Wm. A. Coker, who being sworn, deposes and says that he is general manager of the LaGrange Daily News; that the same is a newspaper published in LaGrange, Troup County, Georgia; that said newspaper is one of general circulation; that the same is the newspaper in which sheriff's advertisements for Troup County, Georgia are published; and deponent says that the following notice hereto attached as a part hereof was published in said newspaper on the following dates, to-wit: December 20,

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1958, December 26, 1958, January 2, 1959 and January 9, 1959. Notice of Pending Legislation. This is notice that a bill will be introduced in the 1959 Legislature of the State of Georgia or General Assembly of the State of Georgia, to place the Troup County Georgia Coroner on salary basis of pay instead of payment by fee basis. This December 18, 1958. Paul B. Smith, Coroner Troup County, Ga. Wm. A. Coker /s/ Wm. A. Coker Sworn to and subscribed before me, the 4th day of February, 1959. Mildred J. Ellison, Notary Public. /s/ Mildred J. Ellison. (Seal) Approved March 5, 1959. CATOOSA COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 97 (Senate Bill No. 123). An Act to create the Board of Commissioners of Roads and Revenues for the County of Catoosa; to provide for specific repeals; to provide for commissioner districts; to provide for election, terms of office, compensation, hours, jurisdiction, duties, bonds and oath of commissioners; to provide for a county manager and other county employees; to provide for filling vacancies; to provide for meetings; to provide for purchases; to provide for a quorum; to provide for an annual accounting;

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to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues for the County of Catoosa, approved February 23, 1943 (Ga. L. 1943, p. 858), is hereby repealed in its entirety and the following Acts, which are amendatory of said Act, are likewise repealed in their entirety: 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); an Act approved March 3, 1955 (Ga. L. 1955, p. 2527); and an Act approved March 21, 1958 (Ga. L. 1958, p. 2716). Any and all other Acts amendatory of the aforesaid Act of 1943 which have not been listed herein are likewise repealed in their entirety, and any and all relating to a commissioner of roads and revenues in the County of Catoosa are also likewise repealed in their entirety. The effective date of the repeal of the aforesaid Act and its amendatory Acts shall be May 31, 1959. The present commissioner of roads and revenues shall continue to perform his duty under the powers and authority of the Act of 1943 until May 31, 1959. The board of commissioners of roads and revenues created under this Act shall be authorized to be elected at the special election to be called by the Ordinary of Catoosa County in a manner set out hereinafter. Prior Acts repealed. Section 2. There is hereby created a board of commissioners of roads and revenues for Catoosa County, Georgia, hereinafter referred to as the board, to be composed of three (3) members. Such board shall come into existence June 1, 1959, with the first members thereof being elected at the special election called by the Ordinary of said county as hereinafter provided. Created. Section 3. Upon the approval of this Act by the voters, voting in the election called by the Ordinary for such approval or rejection of this Act, the Ordinary

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within five days shall call a special election to be held in not less than twenty (20) days nor more than thirty (30) days from the date of the issuance of said call for the purpose of electing the three (3) commissioners as provided for in this Act. It shall be the duty of the Ordinary to hold and conduct such election and the expense of such election is to be paid from the funds of Catoosa County. Election of first commissioners. The commissioners elected at this special election shall take office June 1, 1959, and their term of office shall expire December 31, 1960, or until their successors are elected and qualified. The term of office for commissioner of roads and revenues of Catoosa County shall begin January 1, 1961, and thereafter shall be for a four-year term. Terms of commissioners. Section 4. For the purpose of electing the members of the board, Catoosa County is hereby divided into three road districts. Road district number one (1) shall be composed of the following militia districts: Blackstock, Catoosa and Ringgold. Road district number two (2) shall be composed of the following militia districts: Boynton, Chambers, Graysville and Wood Station. Road district number three (3) shall be composed of Ninth, Fort Oglethorpe and West Side. Road districts. In the event any militia district is divided into two or more militia districts, the territorial limits shall remain the same for the road districts as specified in this Act. One member from each of the three road districts shall be elected by the voters of the entire county and any person offering as a candidate to represent a road district must have resided for a period of six months within the territorial limits of the road district prior to the election. Any member of the said board who shall move his residence from the road district that he represents shall be disqualified from office and a vacancy shall exist. The vacancy shall be filled in the manner hereinafter prescribed in this Act. Resident of candidates, election by entire county.

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Section 5. Any person to be eligible to serve as a member of the board must be at least 25 years of age on the date of the election; must be a freeholder; must have resided in Catoosa County at least two years immediately preceding the date of the election; must have been a resident for a period of six months of the road district from which he offers for election; and must be qualified and registered to vote for the members of the General Assembly. Qualifications of candidates. Section 6. 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 Catoosa County, Georgia. Oath. Section 7. Before entering upon the discharge of his duties, each member of the board and the county manager, as hereinafter provided, shall 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 Catoosa County, Georgia, and conditioned to the faithful performance by each of the board members and the county manager of the duties of their respective offices and for true accounting of all moneys and effects of said county coming under their custody, possession, or control. Such bond shall be filed in the office of the Ordinary of Catoosa County and shall be recorded upon his minutes. The premium on such bond shall be paid from the funds of Catoosa County. Bond. Section 8. 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 a special election to be called by the Ordinary of Catoosa County within fifteen (15) days after the vacancy occurs. Such election shall be a county-wide election and shall be held on a day not less than twenty (20) nor more than thirty (30) days from the date of the issuance of the call. The Ordinary shall conduct such election and the person so elected shall serve for the unexpired term. Vacancies.

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Section 9. Each member of the board shall receive as compensation fifty ($50.00) dollars a month, payable in monthly installments from the funds of Catoosa County. Compensation. Section 10. 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 preside for the year. The chairman shall preside at all meetings of the board and shall serve as the executive officer of the board. In the absence of the chairman, the vice-chairman shall preside. Chairman. Section 11. The board shall employ a county manager to be compensated in an amount to be determined by the board and said compensation to be paid from the funds of Catoosa County, provided, the compensation of said manager shall not exceed seven thousand, five hundred ($7,500.00) dollars per annum. It shall be the duty of the county manager to employ all necessary personnel to carry out the provisions of this Act and compensate them in an amount fixed by him with the approval of the board; to keep minutes and records of all meetings of the board; to keep all other necessary records; to make a semi-annual inventory of all county property; to make a report of said inventory to the board; to act as superintendent of roads and bridges; and to perform any other duty necessary for carrying out the provisions of this Act and as directed by the board. The county manager shall not be related to any member of the said board closer than the fifth (5th) degree of consanguinity or affinity. County manager. Section 12. Said board shall hold regular meetings for the transaction of the public business of the county connected with county matters in the Catoosa County Court House on the first and third Mondays 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

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or have kept, proper and correct books of account of all public moneys received and expended under its direction, showing source from which all moneys 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 the county, a synopsis of each of the meetings of the board, showing plainly the business transacted at each meeting, paying from 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. Meetings, records, hearings, etc. Section 13. The cost for all summons, 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. Summons, etc. Section 14. The board shall have and exercise all the powers which are 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 revenues of Catoosa County, Georgia. The board is hereby given complete power, authority, and control relative to county matters of Catoosa County. The board is hereby given power to employ a chief of police and other necessary police officers to be compensated in an amount to be determined by the board. Powers. The county manager shall have the power and authority to make all purchases that are necessary under the provisions of this Act and any purchase in excess of $300.00 shall have to be approved by the board. The county manager shall be required to receive at least two competitive bids for any purchase in excess of a thousand dollars and said purchase shall be made from the lowest bid with the approval of the board. Purchases by county.

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The board shall have to approve any purchase made by the county that exceeds $300.00 made by the county manager in the performance of his duties and in the event the board does not approve said expenditure then no funds of Catoosa County shall be expended for the payment of such purchase. Section 15. Said board shall annually on or about April 1 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, ordinary, clerk of the superior court, and sheriff. A certified public accountant shall be selected by the Grand Jury of Catoosa County. The report of the 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 Catoosa 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. Annual audits. Section 16. It shall be the duty of the Ordinary of Catoosa County to issue the call for an election within ten (10) days after the approval of this Act for the purpose of submitting this Act to the voters of Catoosa County for approval or rejection. The election shall be held on a day not less than twenty (20) nor more than thirty (30) from the date of the issuance of the call. The Ordinary shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of Catoosa County. The ballot shall have printed thereon the words: Referendum. For approval of the Act creating the Board of Commissioners of Roads and Revenues of Catoosa County. Against approval of the Act creating the Board of Commissioners of Roads and Revenues of Catoosa County. All persons desiring to vote in favor of the Act shall

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vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. Upon approval of the Act, then it shall become of full force and effect as of June 1, 1959. If less than a majority of such persons voting 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 Catoosa County. It shall be the duty of the Ordinary to hold and conduct such election. It shall be the duty of the Ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1959. Affidavit and copy of advertisement attached to Enrolled Act. CITY OF ATLANTABOARD OF EDUCATION. No. 102 (House Bill No. 492). An Act to amend an Act creating a new charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the said Act as amended be further amended as follows: Section 1. The members of the Board of Education shall each receive a salary of $3000 per year, to be divided into monthly or semi-monthly payments, which shall be paid by the Board of Education out of the funds allocated to them and shall be a part of the expenses of the operation of the public school system. The president of the Board of Education shall receive $50 per

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month in addition to the salary compensation fixed for members of the board. The salaries herein provided, including the additional compensation for the president of said Board of Education, shall be effective beginning the first day of the calendar month next following the approval of this Act. Compensation of members. Section 2. Effective upon the approval of this Act, any vacancy occurring in the membership of the Board of Education of the City of Atlanta, from whatever cause, shall be filled by a vote of the remaining members of the board at its next regular meeting following such vacancy. The person elected to fill such vacancy shall be from the ward of the City of Atlanta from which his predecessor was elected, unless the predecessor was elected from the city at large, and he shall serve the remainder of the term of his predecessor. Vacancies. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 4. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice, as required by law, are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Georgia... 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 affected are published, once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia.

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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 1959 session of the General Assembly of Georgia, which convenes on Monday, January 12, 1959, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This December 18, 1958. City of Atlanta By: J. C. Savage City Attorney Dec. 22, 29, Jan. 5, 12. This 5th day of February, 1959. Ralph McClelland Sworn to and subscribed before me, this 5 day of Feb., 1959. Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 6, 1959.

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CITY OF CEDARTOWNCORPORATE LIMITS, REFERENDUM. No. 103 (House Bill No. 557). 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 corporate limits of said city; to provide for referendum elections; to provide for a penalty for illegal voting; to provide for voting qualifications; 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 new charter for the City of Cedartown, approved March 29, 1937 (Ga. L. 1937, p. 1595), as amended, is hereby amended by striking therefrom in their entirety, sections 1-A, 1-B and 1-C, and inserting in lieu thereof a new section, to be known as section 1A, to read as follows: Section 1A. The corporate limits of the City of Cedartown, County of Polk, shall extend to and embrace all the territory within the limits of a circle, the center of which shall be a point in the center of Main Street in said city, where the center of Main Street is intersected by the prolongation eastwardly of the center line of West Avenue in said city, which circle shall be described with said point as the center thereof and with a radius of one and three-quarters (1[frac34]) miles, so that the line marking the limits of said city shall be in the form of a circle, every point on which shall be one and three-quarters (1[frac34]) miles distance from the center point above described. Section 2. If the provisions of this Act are approved in the referendum elections provided for hereinafter and the territory described in section 1 is annexed to said city, the residents of the additional territory annexed by the provisions of this Act shall be qualified to register to vote in any primary, general or special election held

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by the City of Cedartown after the effective date of this Act. Provided, however, that they meet the qualifications prescribed hereinafter. The city registrars, in making up the lists of qualified voters for any such election, shall include the residents of such territory who are so qualified to vote. The residents of said annexed territory who are qualified to vote shall likewise be eligible for nomination and election to any city office after the effective date of this Act. For the purpose of registering to vote and for the purpose of nomination and election to any city office, residence in the annexed territory shall be counted as equivalent to residence within the present corporate limits of said city. Provided, however, all other qualifications for voting and holding office shall be the same as required by the city charter. Residents of annexed area. Section 3. The provisions of this Act shall not become effective and the additional territory proposed to be annexed shall not become a part of the City of Cedartown unless approved in a referendum election as hereinafter provided. 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 Polk County to issue the call for an election for the purpose of submitting this act to the voters residing in the territory proposed to be annexed. He shall publish a notice in the official organ of the county to the effect that registration books will be open for such election and shall state the date on which the books will close. For the purpose of said election, there shall be a special registration of voters residing in the territory proposed to be annexed, and such persons shall register with the county registrars. All such persons shall be allowed to register up until seven days prior to the date of the election. Registration of such persons shall begin on the day after the issuance of the call by the ordinary. Only qualified voters of the county who will have continuously resided in said territory proposed to be annexed for at least 90 days immediately preceding the day of the election, and who are otherwise qualified by law to vote in an election for members of the General Assembly, shall be allowed to register. No person shall

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be entitled to vote in such election unless he is registered on such special registration list. Such election shall be held at the courthouse of Polk County under the supervision of the ordinary. The ordinary shall set the date of such election for a day not less than 30 nor more than 45 days from the date of the issuance of the call. He shall specify the date in the call. The ordinary shall cause the date and purpose of the election to be published in the official organ of Polk County once a week for three weeks immediately preceding the date thereof. Referendum. On the day that the ordinary issues the call for the election, as aforesaid, he shall furnish a copy thereof to the governing authority of the City of Cedartown, whose duty it shall be within two days thereafter, to issue the call for an election to be held in the present city limits of the City of Cedartown for the same purpose as that held by the ordinary for the territory proposed to be annexed. The governing authority of the City of Cedartown shall set the date of the election for the same day as that set by the ordinary and such election shall be held at the city hall of the City of Cedartown. There shall be no special registration of voters in the City of Cedartown, but those voters who would be entitled to vote at any special election in said city shall be entitled to vote in said election. The governing authority of the city shall cause the date and purpose of the election to be published once a week for three weeks immediately preceding the date thereof in the official organ of Cedartown, if one, and if not, in the official organ of Polk County. It shall be the duty of the ordinary to hold and conduct the election which is to be held at the courthouse, and it shall be the duty of the governing authority of the City of Cedartown, or such other authority as normally holds said elections, to hold and conduct the election which is to be held at the city hall. The ordinary and the governing authority of the city shall have ballots printed which shall be the same for both such elections. The ballots shall have written or printed thereon the following:

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For approval of the Act annexing certain territory to the City of Cedartown. Against approval of the Act annexing certain territory to the City of Cedartown. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval. The governing authority of the city or the other authority holding the election shall supervise the counting of the votes in the city election and the ordinary shall supervise the counting of the votes in the election by the people in the territory proposed to be annexed. The votes in each such election must be counted separately and if a majority of the votes cast on such question in the city election are for approval of the Act and a majority of the votes cast on such question in the election of the people in the territory proposed to be annexed are for approval of the Act, it shall became of full force and effect and the territory proposed to be annexed shall become a part of the City of Cedartown five days after the date of the election. If less than a majority of the votes cast on such question in either of the aforesaid elections are for approval of the Act, it shall be void and of no force and effect and the territory proposed to be annexed shall not become a part of the City of Cedartown. It shall be the duty of the city authority supervising the counting of the votes to certify the results thereof to the ordinary. It shall then be the duty of the ordinary to declare and certify the results of the said elections. It shall be his further duty to certify the results to the Secretary of State. The entire expenses of both elections shall be paid by the City of Cedartown. The ordinary shall certify to the secretary of the city commission of said city, the cost of holding the election of the people in the territory proposed to be annexed, which shall include reasonable expenses usually incident to elections of like kind.

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Should any person vote in either of said elections who is not properly registered and qualified to vote in such election, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Legal AdvertisementNotice. Notice is hereby given that there will be introduced in the 1959 session of the General Assembly of Georgia, local legislation to amend the charter of the City of Cedartown, as amended, in order to extend the corporate limits of said city so as to annex certain areas now outside said corporate limits; to provide for a referendum of all qualified voters residing in the present corporate limits; to provide for a referendum of all qualified voters residing in the affected area; and for other purposes. This notice is given in compliance with Article III Section VII Paragraph 15 (Code Section 2-1915) of the Constitution of Georgia, 1945. This 28th day of January, 1959. Wm. T. McCown, Representative, Polk County, Georgia. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. T. (Bill) McCown, who, on oath, deposes and says that he is representative from Polk County, and that the attached copy of notice of intention to introduce local legislation was published in the Cedartown Standard, which is the official organ of said county, on the following dates:

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January 28, February 4 and February 11, 1959. Wm. T. McCown, /s/ Wm. T. McCown, Representative, Polk County. Sworn to and subscribed before me, this 13th day of February, 1959. H. W. Lott, /s/ H. W. Lott, Notary Public. My Commission Expires Oct. 8, 1959. Approved March 9, 1959. BRYAN COUNTYSALARY OF COUNTY TREASURER. No. 105 (House Bill No. 73). An Act to amend an Act entitled an Act to create and establish the office of County Treasurer of Bryan County, Georgia, approved August 19, 1927 (Ga. L. 1927, p. 513), as amended, particularly by an Act approved March 24, 1937 (Ga. L. 1937, p. 1259), so as to fix the salary of the said treasurer at twelve hundred ($1200.00) dollars per year; 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 establish the office of County Treasurer of Bryan County, Georgia, approved August 19, 1927 (Ga. L. 1927, p. 513), as amended, particularly by an Act approved March 24, 1937 (Ga. L. 1937, p. 1259) is hereby amended by striking from section 3 the figure $1,000.00 and inserting in lieu thereof the figure $1,200.00, so that section 3 shall read as follows:

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Section 3. Be it further enacted, that the Treasurer of Bryan County shall receive, as full salary and compensation as such treasurer, the sum of $1,200.00 per year, payable monthly, which sum shall be paid by the county treasurer each month after such treasurer enters upon his duties as such. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that a Bill will be introduced in the January session 1959 Georgia Legislature: To be entitled an Act to amend an Act entitled an Act to create and establish the Office of County Treasurer of Bryan County, Georgia, approved August 19, 1927 (Ga. L. 1927, p. 513), as amended, particularly by an Act approved March 24, 1937, Ga. L. 1937, p. 1259), so as to fix the salary of the said treasurer at twelve hundred ($1,200.00) dollars per year; to repeal conflicting laws; and for other purposes. This the 22nd day of December, 1958. Representative in the General Assembly from Bryan County. Jack W. Shuman. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack W. Shuman, who, on oath, deposes and says that he is representative from Bryan County, and that the attached copy of notice of intention to introduce local legislation was published in the The Pembroke Journal, which is the official organ of said county, on the following

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dates: December 25, 1958, January 1, and January 8, 1959. Jack W. Shuman, Representative, Bryan County. Sworn to and subscribed before me, this 19 day of Jan., 1959. Janette Hirsch, Notary Public. (Seal). Approved March 9, 1959. TOWN OF CORNELIAPLANNING COMMISSION, ETC. No. 106 (House Bill No. 76). An Act to amend an Act incorporating the Town of Cornelia, Georgia, approved October 22, 1887 (Ga. L. 1886-87, Vol. 2, p. 571, et seq.) as amended, authorizing and empowering the governing authorities of the City of Cornelia to make, adopt, promulgate, and from time to time amend, extend and add to regulations effective in the corporate limits of such municipality, restricting height, number of stories, size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open space, the density of population, the location and use of buildings and other structures and the use, conditions of use or occupancy of land for trade, industry, residence, recreation, transportation, agriculture or other purposes; to provide for municipal planning; to provide for the regulation of subdivision of land; to establish setback lines for buildings and structures along the streets, lanes, avenues, and roads, including the power and authority to divide the said municipality into districts of such number, shape and area as may be deemed best suited to carry out the

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purposes of said Act; to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and the use, conditions of use or occupancy of land within such districts; to adopt official zoning regulations, including a map or maps, indicating the districts, and the regulations in any one or more districts may differ from those contained in any other district or districts; to adopt regulations from time to time in accordance with a comprehensive plan and plans designed for the purposes among others of lessening congestion in the roads and streets, securing safety from fire, flood, erosion, and other dangers, providing adequate light and air, promoting the health and general welfare, encouraging such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economic and adequate provisions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation, and other public improvements, which regulations shall be made with reasonable consideration among others to the character of the districts and their peculiar suitability for particular uses and to the minimum and maximum amounts of land required for particular uses and with a general view of promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures and encouraging the most appropriate use and management in the municipality; to provide for a municipal planning board and for the appointment, tenure, qualifications of members, officers, and rules of procedure; to provide for reimbursement of the members of the planning board for expenses incurred and for the filling of vacancies in the membership of such board and for the removal of any member for cause; to provide for the employment of a competent engineer or expert in municipal planning and zoning and such other employees as are necessary or expedient; to provide for the appointment of a board of adjustment and for the number, appointment, and qualification, tenure of office, removal

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of members, and the filling of vacancies on said board; to specify and provide general rules to govern the organization, procedure and jurisdiction of such board of adjustment by any officer, department, board or bureau of the municipality and by any person or persons having a substantial interest in any decision of an administrative officer or agency seeking to function under authority of or enforce any ordinance enacted pursuant to the authority of this Act, and to empower said board of adjustment to hear and determine such appeals; to provide for the powers of said board of adjustment giving it, among other powers, the authority to hear and decide appeals, to authorize upon appeal in specific cases such variance from the terms of regulations enacted under authority of this Act as will not be contrary to the public interest and to permit in appropriate cases, in harmony with the general purposes and intent of such regulations, a building or premises to be erected or used for public utilities or public service purposes in any location which is reasonably necessary for public convenience and welfare; to provide for appeals to Superior Court of Habersham County from decisions of board of adjustment and to provide for the time and procedure for filing such appeals to provide for review by appeal from the judgment of the Superior Court to the Court of Appeals of Georgia; to authorize the governing authorities of said city on recommendation of the municipal planning, board to enact regulations governing the subdivision of land in the several districts and zones of said city; to provide for the opening, closing and extending of streets within said city; to provide that said municipality or any owner of real estate within the district in which any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained, or used and any land is or is proposed to be used in violation of this Act or of any regulation or amendment enacted or adopted by the governing authority of the city under the authority of this Act may, in addition to other remedies provided by law, institute injunction, abatement or any appropriate action or actions, proceeding

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or proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use; to provide for punishment of contempt of planning board or board of adjustment by any party, witnesses or other person before the planning board or the board of adjustment; to empower the governing authority of the City of Cornelia to appropriate out of general funds such moneys otherwise unappropriated as they may deem necessary or proper to finance the work of the municipal planning board and the board of adjustment and to enforce the zoning regulations and restrictions which are adopted, and to accept grants of money for these purposes from either private or public sources, State or Federal; to enact all laws and ordinances, regulations and rules, with respect thereto as the general welfare, public health or public safety shall authorize, warrant or demand; to provide that if any provision of said Act or any part of same shall be held invalid, the remainder of said Act and the applicability of such provision or section to other persons or circumstances should not be affected thereby; to provide for referendum relative to this Act; to repeal existing 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. 1886-87, Vol. 2, p. 571), as amended, is hereby amended as follows: Section 2. In addition to all other powers, the governing authority of the City of Cornelia, a municipality in this State, is hereby authorized and empowered to make, adopt, promulgate, and from time to time, amend, extend, and add to regulations effective in the corporate limits of such municipality restricting height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards,

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courts and other open space, the density of population, the location and use of buildings and other structures, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, or other purposes; to provide for municipal planning; to provide for the regulation of subdivision of land; and to establish setback lines for buildings and structures along the streets, lanes, avenues and roads, including power and authority to divide the said municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this Act; and within such districts they may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures, and the use, conditions of use or occupancy of land; and in that case may adopt official zoning regulations including a map or maps, indicating the districts, and the regulations in district may differ from these in other districts. Building regulations. Section 3. Such regulations shall be made in accordance with a comprehensive plan designed for the purposes, among others, of lessening congestion in the roads and streets; securing safety from fire, flood, erosion, and other dangers; providing adequate light and air; promoting the health and general welfare; encouraging such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economic and adequate provisions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation or other public requirements; conserving and developing the natural resources; and protecting the food supply. Such regulations shall be made with reasonable consideration, among others, to the character of the districts and their peculiar suitability for particular uses, and to the minimum and maximum amounts of land required for particular uses, and with a general view of promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, and encouraging the most

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appropriate use and management of land in the municipality. Same, purpose. Section 4. In exercising the powers conferred under this Act, the governing authority of the City of Cornelia shall appoint a board of six (6) members to be known as the municipal planning board, to serve a term of three (3) years each, and in making said appointment the governing authority shall prescribe that the first two (2) appointed shall serve until January 1 following their appointments and until their successors are appointed and qualified, and the second two (2) appointed shall serve until January 1 of the second year following their appointment and until their successors shall be appointed and qualified, and the third two (2) appointed shall serve until January 1 of the third year following their appointments and until their successors shall be appointed and qualified, with all subsequent appointments to be made for a term of three (3) years and until their successors shall be appointed and qualified. Any citizen of the City of Cornelia 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 an employee of the municipality. The board shall make its own rules of procedure and determine its time of meeting. Planning Board created. Section 5. The municipal governing authority shall provide for reimbursement of the members of the planning board for actual expenses incurred and shall provide for the filling of vacancies in the membership of such board, and for the removal of any member for cause, or written charges, after a public hearing. Same, expenses. Section 6. All State officials, departments and agencies and like officials of the county in which such municipality is located, having information, maps and data pertinent for municipal zoning and planning are hereby authorized and directed to make such available for the use of the planning board as well as furnish such technical

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assistance and advice as they may have available for the purposes. Assistance and advice. Section 7. The said planning board shall have the authority to co-operate with the planning and zoning boards of counties, cities, villages or other municipalities, either within or without the county, in which such municipality is located, with a view to co-ordinating and integrating the planning and zoning program and to adopt such rules as may be thought proper to effect such co-operation. Cooperation. Section 8. Said governing authority may employ the services of a competent engineer or expert in municipal planning and zoning and such other employees as are necessary. Employees. Section 9. The municipal planning board shall make for certification to the governing authority of the municipality a zoning plan, or plans, including both the full text of the zoning regulations, and the maps representing the recommendations of the board for the regulation by districts or zones of the location, height, bulk, and size of buildings and other structures, percentage of lot which may be occupied, size of lots, courts and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes and the use of land for trade, industry, recreation, agriculture, water supply, conservation, or other purposes. Duties. Section 10. After receiving the certification of a zoning plan from the planning board and before the promulgation of any zoning regulations, the governing authority of the municipality shall hold a public hearing thereon, of which notice shall be given by publication once a week for the two (2) weeks immediately preceding such hearing in the official organ of the municipality. Such notice shall state the place at which the text and

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maps as certified by the planning board may be examined. Same, public hearings. Section 11. No change in or departure from the text or maps, as certified by the planning board, shall be made unless such changes or departure shall first be submitted to the planning board for its consideration and recommendation. The planning board shall have thirty (30) days from and after such submission within which to send its report to the municipal governing authority: Provided, however, that no approval, disapproval or suggestion of the planning board shall have more than advisory effect or shall in any wise bind the governing authority of the municipality. Same, changes. Section 12. The governing authority of the municipality, may from time to time, amend the number, shape, boundary or area of any district or districts, or any regulation of, or within such district or districts, or any other provisions of any zoning regulations, but no such amendment shall be made or become effective until the same shall have been proposed by or be first submitted for approval, disapproval or suggestions to the planning board. Any proposal, approval, disapproval or suggestions of the planning board shall have advisory effect only and shall not be binding on the said governing authority of the municipality, and, unless such planning board shall have transmitted its report upon the proposed amendment within thirty (30) days after the submission thereof to it, the governing authority of the municipality shall be free to proceed to the adoption of the amendment without further awaiting the receipt of the report of the planning board. Before finally adopting any such amendment, the governing authority of the municipality shall hold a public hearing thereon, notice of which shall be given once a week for two (2) weeks in the official organ of the municipality. Same. Section 13. The governing authority of the City of Cornelia shall appoint a board of adjustment to consist of five (5) members. None of the members of the board of adjustment shall be employees or officials of the

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municipality. The said governing authority shall fix the terms of the members of such board, which terms shall be for five (5) years and so arranged that the term of one (1) member shall expire each year. In making the first original appointment, the governing authority shall designate the member whose term shall expire on January 1 following the date of such appointment and the terms of the respective members who shall expire on January 1 of each succeeding year for four (4) succeeding years thereafter. Each succeeding member of the board of adjustment shall be appointed for a term of five (5) years and until his successor shall be appointed and qualified. The governing authority shall have the power to fill any vacancy for the unexpired term. The governing authority may remove any member for cause on written charges, after public hearing. Board of Adjustment. Section 14. The said governing authority may appoint associate members of such board and in the event that any member be temporarily unable to act, due to absence from the municipality, illness, interest in a case before the board, or any other cause, his place may be taken during such temporary absence or disability by any associate member designated for the member. Same. Section 15. The governing authority of the municipality may specify and provide general rules to govern the organization procedure and jurisdiction of such board of adjustment which rules shall not be inconsistent with the provisions of this Act; and the board of adjustment may adopt supplemental rules of procedure, not inconsistent with this Act or such general rules. Same, rules. Section 16. The board shall elect one of its number as a chairman and shall appoint a secretary. The secretary may be an employee of the municipality. Same, Chairman, Secretary. Section 17. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The members of such board shall have the power to summon witnesses, administer oaths and compel the giving of testimony. All meetings of the

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board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, of absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record. Same, meetings. Section 18. Appeals to the board of adjustment may be taken by any officer, department, board or bureau of the municipality and also by any person or persons having a substantial interest in any decision of an administrative officer, or agency seeking to function under authority of or enforce any ordinance enacted pursuant to this Act. Such appeals shall be taken as provided by the rules of the board of adjustment and shall be evidenced by filing with the secretary a written notice of appeal specifying the grounds thereof and what modification of its decision is sought. The officer or agency from whose decision the appeal is taken shall forthwith transmit to the secretary of the board of adjustment all documents pertinent to the decision appealed from. Same, appeals. Section 19. The filing of such appeal shall stay all procedings in furtherance of the actions or decisions appealed from, until it shall be passed upon by the board of adjustment. After such decisions proceedings in conformity herewith shall not be further stayed except as hereinafter provided. Same, Stay of Proceedings. Section 20. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give such notice as it may deem necessary to acquaint persons interested in the decision, as well as due notice to the parties to the appeal, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney at law. Same, hearings. Section 21. The board of adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged

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by appellant that there is an error in any order, requirement, decision or determination made by an administrative official or agency in the enforcement of this chapter or of any regulation adopted pursuant thereto. 2. To authorize upon appeal in specific cases such variance from the terms of such regulations as will not be contrary to the public interest, where, owing to special conditions fully demonstrated on the basis of the facts presented, literal enforcement of the provisions of the regulations will result in great practical difficulties or unnecessary hardship, and so that the spirit of the regulation shall be observed and substantial justice done. Same, Powers. 3. To permit in appropriate cases, in harmony with the general purposes and intent of such regulations, a building or premises to be erected or used for public utility or public service purposes in any location which is reasonably necessary for public convenience and welfare. Section 22. In exercising the above mentioned powers such board may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly or may modify the order, requirement, decisions or determination appealed from and may take such order, requirement, decision and determination as ought to be made, and to that end shall have all the powers of the officer or agency from whom the appeal is taken. Same. Section 23. A majority of the board of adjustment shall constitute a quorum and a majority vote of the members hearing the appeal shall be sufficient to determine the appeal. Quorum. Section 24. Any person or persons who may have a substantial interest in any decision of the board of adjustment, or any officer, board or bureau of the said municipality, may appeal from any decision of the said board of adjustment to the superior court in and for the county in which such municipality lies by filing with the clerk of the said court a petition in writing setting forth

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plainly, fully and distinctly wherein such decision is contrary to law. Such appeal will be filed within thirty (30) days after the decision of the board of adjustment is rendered. Appeals to superior court. Section 25. Upon the filing of such an appeal the clerk of the superior court shall give immediate notice thereof to secretary of the board of adjustment and within thirty (30) days from the time of such notice the board of adjustment shall cause to be filed with the clerk a duly certified copy of the proceedings had before the said board of adjustment, including a transcript of the evidence heard before it, if any, and the decision of the said board. Same. Section 26. Thereafter at the next term of the superior court, or in vacation upon ten (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 board of adjustment 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 board of adjustment is correct as a matter of law. Same, hearings. Section 27. Any party at interest who is aggrieved by the judgment rendered by the superior court upon such appeal may have the same reviewed by appeal by the appellate courts of Georgia in the same manner as now provided by law for fast bills of exceptions to other judgments, orders and decrees of the superior courts. Appeals to appellate courts. Section 28. The filing of an appeal in the superior court from any decision of the said board of adjustment 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. Same. Section 29. In the event that the decision of the board of adjustments should be reversed by the superior court the said board of adjustments shall be cast with the costs and the same shall be paid by the municipality. Same costs.

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Section 30. The lawful use of a building or structure or the lawful use of any land, as existing and lawful at the time of the promulgation of zoning regulations, or in the case of an amendment of zoning regulations, then at the time of such amendment, may, except as hereinafter provided, be continued although such does not conform with the provisions of such regulations or amendment, and such use may be extended throughout the same building provided no structural alteration of such building is proposed or made for the purpose of such extension. The governing authority of such municipality may provide in any zoning regulations for the restoration, reconstruction, extension or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning regulations. Such governing authority may in any zoning regulations provide for the termination of nonconforming uses, either by specifying the period or periods in which nonconforming uses shall be required to cease, or by providing a formula or formulae whereby the compulsory termination of nonconforming uses be so fixed as to allow for the recovery or amortization of the investment in the nonconformance. Existing uses. Section 31. The said planning board shall study the resources, possibilities and needs of the municipality and shall prepare a master plan and maps for the systematic future development of the said municipality and from time to time in the manner hereinbefore provided make such recommendations to the governing authority as may be deemed advisable. Duties of planning board. Section 32. The municipal planning board shall recommend to the governing authority of the muicipality regulations to govern the subdivision of land in the several districts and zones of the county and after receiving such recommendation the municipal governing authority shall adopt rules and regulations, but they shall not be bound to adopt any of the regulations recommended by the planning board. Before such regulations are adopted a public hearing with notice thereof given as provided in section 10 shall be afforded. Same.

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Section 33. After the adoption of such rules and regulations before any street or road is opened or extended by private authority or before any new subdivision for residence, business or industrial use is made, the person or persons proposing to open or extend such streets or roads or make such new subdivisions shall submit a detailed plan of the same with such other data as may be required by such regulations to the planning board who shall carefully examine them with regard to their nature and purpose, the width, character and location of such streets, alleys and road in such subdivision and the size, material, location, grades and manner of laying of watermains and sewer lines and shall then transmit such plan with its recommendation thereon in writing to the governing authority of such municipality and this authority shall either approve or disapprove such plan. If it be disapproved the reasons for such disapproval shall be stated in writing and a reasonable opportunity given the applicant to meet such objections. It shall be unlawful to lay out or open any such street, alley, road or subdivision without the approval of the governing authority of the municipality of such plan shall be deemed an acceptance of the dedication shown thereon on behalf of the public, but shall not impose any method of appeal provided in sections 18 to 29 shall apply to applications for approval of plans denied under this section. Proposed subdivision. Section 34. In any case in which any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used in violation of this Act or of any regulation or amendment thereof, enacted or adopted by the governing authority of the county under the authority granted by this Act, such authority, the legal counsel of such municipality or any owner of real estate within the district in which such buildings, structure of land is situated, may, in addition to other remedies provided by law, institute injunction, abatement or any appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection,

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construction, reconstruction, alteration, maintenance or use. Violations, remedies. Section 35. In case of contempt by any party, witnesses or other person before either the planning board or the board of adjustment, such board may certify such fact to the superior court of the county wherein such contempt occurs and the judgment of said court, either in term time or vacation after hearing, may punish such persons as for a contempt of the superior court. Contempt. Section 36. The governing authority of the municipality is empowered to appropriate out of the general municipal funds, such moneys, otherwise unappropriated, as they may deem necessary and proper to finance the work of the municipal planning board and the board of adjustment and to enforce the zoning regulations and restrictions which are adopted; and to accept grants of money, for these purposes, from either private or public sources, State or Federal. Operating funds. Section 37. Be it further enacted by the authority aforesaid that this Act shall become effective only upon approval of same by the qualified voters of the City of Cornelia in an election to be held at the city hall in the City of Cornelia, upon April 13, 1959, notice of which shall be published by the City of Cornelia once a week for two (2) weeks preceding such date in a newspaper having a general circulation in the Cornelia area. All qualified voters of the City of Cornelia whose names appeared upon the last voting list of said city shall be eligible to participate in said election. The election shall be held as elections are held for municipal officers for said city. Ballots shall be prepared by the City of Cornelia and shall have written thereon, in addition to the usual words, the phrases For Zoning Amendment and Against Zoning Amendment. If a majority of those voting in said election shall vote in favor of the proposed zoning amendment the same shall constitute an approval of this Act, and same shall immediately become of full force and effect and the governing authorities of the City of Cornelia shall from the date of

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such election have all of the powers and privileges herein set out. If a majority of those voting shall vote against the proposed zoning amendment, the same shall constitute a disapproval of this Act and same shall not go into effect in said city. Referendum. Section 38. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that if any part, phrase, clause, sentence, paragraph or section of this Act should for any reason be declared unconstitutional or unenforceable by any court, such decision shall not affect the validity of any remaining portions which the General Assembly intends shall remain in force as if such Act had been passed with the unconstitutional or unenforceable portion or portions thereof eliminated. Construction. Section 39. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Habersham County. I swear that I am the editor of the Tri-County Advertiser, the official organ of Habersham County, Georgia, and that the attached advertisement of notice to apply to the General Assembly of Georgia for amendment to the charter of the City of Cornelia, was duly published in said newspaper for the issues of December 4, 11, 18, 25, 1958, and January 1, 1959. This affidavit is made to be attached to the Bill to be introduced in the General Assembly of Georgia, to amend the charter of the City of Cornelia. /s/ Annilee C. Graves Sworn to and subscribed before me this 6th day of January, 1959. /s/ Jo Anne Roberts, Notary Public. (Seal).

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State of Georgia, Habersham County. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January session, 1959, of the General Assembly of Georgia, for the passage of an Act to amend an Act incorporating the Town of Cornelia, Georgia, approved October 22, 1887 (Ga. L. 1886-87, Vol. II, p. 571, et seq.), as amended, by authorizing and empowering the governing authorities of the City of Cornelia to make, adopt, promulgate, and from time to time amend, extend and add to regulations effective in the corporate limits of such municipality, restricting height, number of stories, size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, the location and use of buildings and other structures and the use, conditions of use or occupancy of land for trade, industry, residence, recreation, transportation, agriculture or other purposes; to provide for municipal planning; to provide for the regulation of subdivision of land; to establish setback lines for buildings and structures along the streets, lanes, avenues, and roads, including the power and authority to divide the said municipality into districts of such number, shape and area as may be deemed best suited to carry out the purpose of said Act; to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of building and the use, conditions of use or occupancy of land within such districts; to adopt official zoning regulations, including a map or maps, indicating the districts and the regulations in any one or more districts may differ from those contained in any other district or districts; to adopt regulations from time to time in accordance with a comprehensive plan and plans designed for the purposes among others of lessening congestion in the roads and streets, securing safety from fire, flood, erosion, and other dangers, providing adequate light and air, promoting the health and general welfare, encouraging such distribution of population and such classification of land uses and distribution of land development

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and utilization as will tend to facilitate economic and adequate provisions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation, and other public improvements, which regulations shall be made with reasonable consideration among others to the character of the districts and their peculiar suitability for particular uses and to the minimum and maximum amounts of land required for particular uses and with a general view of promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures and encouraging the most appropriate use and management in the municipality; to provide for a municipal planning board and for the appointment, tenure, qualifications of members, officers, and rules of procedure; to provide for reimbursement of the members of the planning board for expenses incurred and for the filling of vacancies in the membership of such board and for the removal of any member for cause; to provide for the employment of a competent engineer or expert in municipal planning and zoning and such other employees as are necessary or expedient; to provide for the appointment of a board of adjustment and for the number, appointment and qualification, tenure of office, removal of members, and the filling of vacancies on said board; to specify and provide general rules to govern the organization, procedure and jurisdiction of such board of adjustment; to provide for appeals to such boards of adjustment by any officer, department, board or bureau of the municipality and by any person or persons having a substantial interest in any decision of an administrative officer or agency seeking to function under authority of or enforce any ordinance enacted pursuant to the authority of this Act, and to empower said board of adjustment to hear and determine such appeals; to provide for the powers of said board of adjustment giving it, among other powers, the authority to hear and decide appeals, to authorize upon appeal in specific cases such variance from the terms of regulations enacted under authority of this Act as will not be contrary to the public interest

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and to permit in appropriate cases, in harmony with the general purposes and intent of such regulations, a building or premises to be erected or used for public utilities or public service purposes in any location which is reasonably necessary for public convenience and welfare; to provide for appeals to Superior Court of Habersham County from decisions of board of adjustment and to provide for the time and procedure for filing such appeals; to provide for review by appeal from the judgment of the Superior Court to the Court of Appeals of Georgia; to authorize the governing authorities of said city on recommendation of the municipal planning board to enact regulations governing the subdivision of land in the several districts and zones of said city; to provide for the opening, closing and extending of streets within said city; to provide that said municipality or any owner of real estate within the district in which any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained, or use and any land is or is proposed to be used in violation of this Act or of any regulation or amendment enacted or adopted by the governing authority of the city under the authority of this chapter may, in addition to other remedies provided by law, institute injunction, abatement or any appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use; to provide for punishment of contempt of planning board or board of adjustment by any party, witnesses or other person before the planning board of the board of adjustment; to empower the governing authority of the City of Cornelia to appropriate out of general funds such moneys otherwise unappropriated as they may deem necessary or properly to finance the work of the municipal planning board and the board of adjustment and to enforce the zoning regulations and restrictions which are adopted and to accept grants of money for these purposes for either private or public sources, State or Federal; to enact all laws and ordinances, regulations and rules, with respect thereto as the general welfare, public health or public safety shall

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authorize, warrant or demand; to provide that if any provision of said Act or any part of same shall be held invalid, the remainder of said Act and the applicability of such provision or section to other persons or circumstances should not be affected thereby; to provide for referendum relative to this Act; to repeal existing laws, and for other purposes. This notice is given pursuant to the direction of the Mayor and Commission of the City of Cornelia as authorized by Resolution regularly adopted November 3, 1958. City of Cornelia, Georgia /s/ Herbert B. Kimzey, City Attorney. Approved March 9, 1959. CLAYTON COUNTYCOMPENSATION OF ORDINARY. No. 107 (House Bill No. 90). An Act to amend an Act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 2228), so as to change the compensation of the Ordinary; to change provisions from commissioner to governing authority; to remove provisions relating to grand jury; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 2228), is hereby amended by striking section 1 in its

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entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. Be it enacted by the authority aforesaid, that the salary herein named for the ordinary shall be his full and complete compensation, and all fees or other emoluments now allowed or hereafter allowed by any authority of law, shall be county funds and accountable for as such. The salary of said ordinary shall be $6,250.00 per year, payable monthly by the governing authority out of the funds of the county. All funds collected from any source under color of said office, including any funds received in any manner due to the fact that the ordinary has jurisdiction over traffic offenses, shall be county funds, except the salary herein named. Salary. Section 2. Said Act is further amended by striking from section 2 the words commissioner of roads and revenues for said county, and inserting in lieu thereof the words governing authority of the county, so that when so amended, section 2 shall read as follows: Section 2. Be it further enacted by the authority aforesaid, that all fees, costs, percentages, forfeitures, penalties and all other perquisites now allowed by law or hereinafter allowed by law to be collected by said officers, shall be received and collected by said ordinary for the sole use of the county, and shall be held and accounted for as public monies belonging to said county. Such officer shall on or before the 10th day of each month submit a detailed report of the sums so collected and pay the same over to the governing authority of the county. The procedure now in force as to collection of costs and distribution of the same shall remain in force as now provided by law, but as herein provided all such sums shall be collected for the use of the county. Fees, etc., collected for county. Section 3. Said Act is further amended by striking from section 3 the words commissioner of roads and revenues, and inserting in lieu thereof the words governing authority of the county, so that when so amended, section 3 shall read as follows: Deputies and clerks.

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Section 3. Be it further enacted by the authority aforesaid, that said officer may employ deputies and clerks for said office, but that none of such deputies or clerks shall be paid out of county funds, unless the same is recommended by a grand jury, and then only for such time and compensation as said grand jury may recommend. If such additional help is so recommended, it shall be the duty of the governing authority of the county to so fix their compensation and pay the same monthly out of funds of the county. Section 4. Said Act is further amended by striking section 4, which reads as follows: Section 4. Be it enacted by the authority aforesaid that at least 180 days before the beginning of a new term of office for said ordinary, the judge of the superior court of said county shall charge the grand jury then in session that it is their duty to investigate the salaries paid the various officers named in this Act, and it shall be lawful for them to recommend a different salary, not to exceed the sum of $6,000.00 per annum, and not less than $4,000.00 per annum, and upon such recommendation being made it shall be the duty of the commissioner of roads and revenues, or other governing authority to fix such salary for such officer as recommended by said grand jury, which shall be in lieu of the salary named in section 1 of this Act. Section of prior Act repealed. in its entirety:. 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 by the undersigned that there will be introduced at the January, 1959, session of the General Assembly of Georgia a bill to change the compensation,

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allowance and salary of the Ordinary of Clayton County and for other purposes. /s/ Edgar Blalock /s/ Wm. J. (Bill) Lee Representatives, Clayton County. State of Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Bill 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 and Clayton County News Farmer, which is the official organ of said county, on the following dates: December 24, 31, 1958, and January 7, 1959. /s/ William J. Lee Representative, Clayton County. Sworn to and subscribed before me this 19th day of January, 1959. /s/ Janette Hisch Notary Public, Georgia, State at Large, My Commission Expires October 4, 1960. Approved March 9, 1959. CIVIL COURT OF FULTON COUNTYDESTRUCTION OF OLD RECORDS. No. 108 (House Bill No. 91). 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

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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 of such court or courts, or system of courts, as the General Assembly may deem necessary, etc., approved August 20, 1913, creating the Municipal Court of Atlanta (now Civil Court of Fulton County), published in Georgia Laws, 1913, page 145, et seq., and the several Acts amendatory thereof by adding a new section to said Act providing for the destruction or disposal of old records of said court which have served their usefulness and which in the opinion of the chief judge of said court have no further value to the court or to the public; 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 authority of the same that from and after the passage of this Act, the Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 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 of such court or courts, or system of courts, as the General Assembly may deem necessary; etc., approved August 20, 1913, creating the Municipal Court of Atlanta (now Civil Court of Fulton County), published in Georgia Laws 1913, page 145, et seq., and the several Acts amendatory thereof, be, and the same is hereby amended by adding to said Act a new section to be appropriately numbered and to read as follows: Section 23(b). From and after the passage of this Act of the Clerk of the Civil Court of Fulton County shall be authorized and may from time to time upon the direction of the chief judge of said court, destroy or dispose of old records of said court which have served their

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usefulness and, which in the opinion of said chief judge, have no further value to the court or to the public, but are merely occupying valuable filing space. The authority hereby granted shall include all of the books, papers and documents of said court now in the possession of said clerk or which may hereafter come into his possession, of any nature and kind whatsoever, which in the case of civil pleadings are at least twenty-five (25) years old and in the case of criminal warrants, are at least five (5) years old, and which, as aforesaid, in the opinion of the chief judge of said court have served their usefulness and are no longer of value to anyone. Nothing in this Act shall authorize the destruction or disposal of the minutes, the dockets or the indices of the Civil Court of Fulton County. 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 3, Section 7, Paragraph 15 of the Constitution of Georgia, 1945. A copy of said notice is attached hereto and made a part hereof. Publisher's Affidavit. State of Georgia, Fulton County. Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary 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

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in said paper on the 5, 12, 19 days of December, 1959, as provided by law. /s/ Bessie K. Crowell Notice of Intention to Introduce 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, 1959, 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 4th day of December, 1958. /s/ Hewitt W. Chambers Clerk, Civil Court of Fulton County. Sworn to and subscribed before me this 19th day of January, 1959. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1959. Approved March 9, 1959. CITY OF SCREVENNEW CHARTER. No. 109 (House Bill No. 93). An Act to repeal the present charter of the Town of Screven (Ga. L. 1907, pp. 919, et seq.), as amended in Georgia Laws of 1912, page 1272; to reincorporate the said Town of Screven as a city and change the name thereof to the City of Screven; to create a

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new charter for the City of Screven; to declare the rights, powers and privileges of the municipality, and of its officers; to define the corporate limits thereof; and for other purposes. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same: Section 1. That the Acts of the General Assembly of Georgia as contained in Georgia Laws 1907, page 919 et seq. and Georgia Laws 1912, page 1272, be and the same are hereby repealed. Prior Acts repealed. Section 2. That a municipality be and the same is hereby created to be known as City of Screven, in the County of Wayne, State of Georgia to have perpetual existence, to have the power to sue and be sued, contract and be contracted with, 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 plead and be impleaded; to make and enact through its mayor and council such ordinances, by laws, regulations and resolutions for the transaction of its business and the welfare and proper government of said City, as said mayor and council may deem proper, not in conflict with the Constitution or laws of the State of Georgia or of the United States or with this charter; to receive gifts, donations, bequests and public trusts and agree to conditions and terms accompanying the same and the mayor and council of said city is empowered to bind the city to carry out the same. Said City of Screven as created by this Act, shall succeed to all rights 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 Screven, and its former governing authorities as a body corporate, as heretofore incorporated. Created. Section 3. Be it further enacted that the corporate limits of the City of Screven shall be as hereinafter defined, to-wit: The corporate limits of the City of Screven shall extend one-half () mile in every direction from

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a certain point located in the northern corner of the intersection of the Atlantic Coast Line Railroad right of way and that certain public road known as the Broadhurst Road. Corporate limits. Section 4. Be it further enacted, that the present mayor and councilmen of the City of Screven shall continue in office as mayor and councilmen of the City of Screven until the first Monday in January, 1960, and said mayor and councilmen shall exercise all the powers and authorities conferred upon the mayor and councilmen of said City of Screven, created by this charter, until their successors are elected and qualified. Present mayor and council. Section 5. An election for a mayor and five councilmen shall be held on the first Wednesday in December, 1959, and every year thereafter on the same day. The mayor and council shall have full authority to adopt the necessary ordinances fixing rules and regulations to govern such elections and fixing rules for registration, qualification of voters, voting, declaring the results of such election, filing and hearing contests, and all other matters connected therewith. Elections. Section 6. The mayor and council shall take office on the first Monday following such election, taking an oath to faithfully perform the duties of their offices before any officers of this State authorized to administer oaths. Oaths, etc. Section 7. Be it further enacted, that the mayor and councilmen at their first regular meeting shall elect one of the councilmen as mayor pro tempore, who shall in the case of absence or disqualification of the mayor, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor pro tem. Section 8. In the event of any vacancy in the office of mayor or of councilmen, by death, resignation or any other cause, such vacancy, or vacancies, shall be filled by a majority vote of the remaining officers within thirty days after such vacancy occurs, and in such case the officer

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or officers so elected, shall take office immediately by taking the oath of office. Vacancies. Section 9. The mayor and council shall hold regular and open meetings on the first Monday of each calendar month, and called meetings at such times as is necessary to conduct the affairs of the city. Meetings of mayor and council. Section 10. No person shall be eligible for the office of mayor or councilmen who has not been a resident of said city for at least twelve months prior to the election at which such office is sought and who, is not a qualified voter of said city under the registration laws of said city at the time and who is not at least twenty-one years of age and who is not a resident free holder. Qualifications of Mayor and councilmen. Section 11. Be it further enacted, that the mayor and three councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them. On all questions before the said council, the mayor or the mayor pro tem., if he be presiding, shall be entitled to vote only in the case of a tie. The mayor shall have the veto power, and may veto any ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by an affirmative vote of at least three councilmen on an aye and nay vote duly recorded on the minutes of the city council; however, the same shall become a law just as if signed and approved by said mayor, unless he shall file in writing with the clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent, within five days from its passage, but he may approve same and the measure go into effect immediately. Quorum, etc. Section 12. The mayor and councilmen shall have full power, direction and 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.

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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 ([frac13]) 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 ([frac13]'s) of the entire cost. Whenever any railway company shall have and maintain any track or tracks on any street or part of street paved or unpaved, such railway company shall be assessed and shall pay the entire cost of paving the space occupied by their tracks, the distance between the tracks, between the rails of each track, and a distance of one (1) foot on each side of the outside rail of each outside track. Powers of mayor and council. 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 by law provided for all executions. The corporation shall likewise have authority to prescribe methods and means of notice to owners of property affected, and for an opportunity for hearing in protest of the contemplated improvements. The entire cost of lowering service pipes, sanitary sewers, water mains, gas mains, or of lowering conduits or other pipes, which lowering is necessary, in the opinion of the governing authority, in connection with the improvement determined upon, shall be borne by the abutting real estate and such cost shall be assessed and collected as is herein provided with respect to the apportioned cost of improvement. In the performance of any and all of the improvements

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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 13. 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 14. 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 noncorporate users. Public works. Section 15. The City of Screven 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 Certificate Law of 1937. Bonds. Section 16. 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 such officer, agent or employee. Employees. Section 17. The mayor and council shall have power to protect all places of divine worship and cemeteries

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in said city, to provide places for the burial of the dead, either within or without the city limits, to regulate interment therein, and to expend annually a sufficient sum for keeping cemeteries in a proper condition. Powers. Section 18. The said mayor and council shall have the power and authority to create and establish commissions or authorities as it deems fit and as may be allowed by the laws of the State of Georgia and shall have the authority to delegate to such commissions or authorities any of the duties, powers and rights which the said mayor and council are authorized by law to exercise. Said mayor and council shall be authorized to determine the number of members of any such commission or authority created, their qualifications, duties, terms of office and rules and regulations governing the operation thereof. The above shall specifically include, but is not limited to, creating and establishing a cemetery and/or recreation commission or authority. Authorities. Section 19. 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. Public health. 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.

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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 grade, industry, profession or 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; consistence 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 the war, defense, and 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 20. 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

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said municipality a description of the proposed erection, building, construction or improvement, where the same is to be located, when the work will start, the cost of same and 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 21. Be it further enacted, that the mayor and councilmen may establish within the corporate limits of said city, a system of public schools and for this purpose shall have power and authority to assess and collect such additional taxes as may be necessary for the purpose of supporting and maintaining of said schools; provided, that public schools shall not be established or maintained until the question shall have been submitted to a vote of the qualified voters of said city, and approved by a two-third majority of the qualified voters. Such questions shall be submitted after the same notice and manner as now provided by law for submitting the question of issuing municipal bonds. Said mayor and council shall also have power and authority to issue the bonds of said city for the purpose of raising a school building fund, the proceeds of which shall be appropriated to the purchase of lands and the erection of school buildings thereon; provided, that such bonds, if issued shall be in pursuance of and after the election which shall be held in conformity to said Constitution and the said statutes of this State. Upon the establishment of a public school system said mayor and councilmen shall have power to provide for and elect a board of education to consist of three members to control the same. Schools. Section 22. The said city through its mayor and council shall have power and authority to levy and collect a

Page 2212

tax upon all property, real and personal within the limits of the city, upon banking, insurance, and other capital employed therein, upon salaries and incomes derived from property and business within the city, and upon gross sales within the city. Said city shall have power to levy and collect an ad valorem tax on real and personal property within the corporate limits of the city not to exceed two percent upon the assessed value of said property for ordinary current expenses. In addition to the tax for ordinary current expense, the mayor and council may levy and collect a tax for educational purposes, for paving a macadamizing streets, and for payment of the principal and interest of the public debt not to exceed one percent upon the assessed value of such property. Taxation. In addition to the foregoing taxes the mayor and council may, in case of emergency, to be judged by them, levy and collect an additional tax not to exceed one percent on the assessed value of such property, when the levy and collection of such emergency tax has been authorized by a vote of two-thirds of the legal voters of the city at an election called by the mayor and council for that purpose. Section 23. 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, benefits, 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 person 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. Same. Section 24. All persons owning property subject to

Page 2213

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 percent (10%) of the assessed value. Same. In the event of dissatisfaction on the part of any taxpayer over any such assessment, he shall, within fifteen (15) 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 those 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 fifteen (15) 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 judge of the Superior Court of Wayne County. The mayor and council shall have the right to employ engineers to make an appraisal of the property within the limits of said city for the purpose of equalizing such tax assessments. All ad valorem taxes shall be payable on or before the 20th day of December of the year in which levied and assessed. Section 25. 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 teste in the name of the mayor,

Page 2214

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. Same, collection. 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 Wayne Couny. Executions shall be directed to such officer 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. Any sales under such executions shall be conducted by the levying officer and in the method provided as to sheriff's sales; such sales shall be confirmed by the mayor and council and said confirmation shall be duly recorded in the minutes of the corporation; deeds to successful bidders shall be executed by the mayor and attested by the clerk 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 26. 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 teste in the name of the presiding officer, shall be directed to any officer or agent of the corporation, or the Sheriff of Wayne County in the alternative, and served and executed by any officer or agent to whom directed. Police court.

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Said court shall be held once a month on a certain day decided upon by the mayor and council and at such other times as may be necessary to clear the dockets of said court. Said court shall have jurisdiction and authority (a) to issue warrants for any person guilty of violating the ordinances of said corporation or State laws; (b) to try offenses against the laws and ordinances of the municipal government and to punish for a violation of the same; (c) to punish witnesses for non-attendance, and to punish also any person who may council 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; (d) to punish for any contempt of court; (e) through the presiding officer to impose fines not exceeding three hundred dollars ($300.00) 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 Wayne 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 Wayne County for trial, or in default of bond, committed by the police court to the common jail of Wayne County to await trial, the municipality shall be allowed the following costs: Issuing warrants $1.25 Taking examination of defendants 1.25 Examining witnesses .30 each

Page 2216

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 Wayne County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 27. 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 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. Convicts. Section 28. 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 29. The policemen or other law enforcement

Page 2217

officers 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 them to bail for appearance for trial for such offense before the police court; said policemen or law enforcement officers 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; 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. Policemen. Section 30. 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 position of one another as members of the governing authority, except as mayor pro tem. Mayor and council. In the event the mayor or councilmen should serve in any office or position of the municipality, save as a member of the governing authority, no compensation for such service shall be paid. Section 31. The City of Screven 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 Screven, and its former governing authorities as heretofore incorporated. Intent. Section 32. All deeds, contracts and other written

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instruments shall be signed by the mayor of said city, in the name of the same city, and attested by the clerk of council. Contracts. Section 33. All ordinances and resolutions in force at the time of the taking effect of this charter not inconsistent with its provisions, shall continue in full force until amended or repealed. Ordinances. Section 34. 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. Powers. Section 35. 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. Construction. Section 36. 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. State of Georgia, Wayne County. Personally appeared before the undersigned officer, duly authorized by the laws of Georgia to administer oaths W. B. Rhoden, who being duly sworn, says on oath that he is the publisher of the The Jesup Sentinel, a newspaper of general circulation in the County of Wayne and the newspaper in which the sheriff's advertisements for said county are published and that the following notice, to-wit: Notice of Intention to Introduce Local Legislation. State of Georgia, Wayne County. Notice is hereby given that upon request of the mayor

Page 2219

and council of the Town of Screven the undersigned intends to apply for the passage of local legislation during the 1959 session of the General Assembly of Georgia creating a new charter for the Town of Screven, to change the name of said town to City of Screven, and for other purposes. This 22nd day of December, 1958. /s/ Clarence C. Jones Representative, Wayne, County, Georgia has been published in said Jesup Sentinel once a week for three weeks, to-wit, in the regular issues of December 25, 1958, and January 1, 8, 1959. /s/ W. B. Rhoden Sworn to and subscribed before me this 8th day of January, 1959. /s/ Irelle Strange Notary Public, Wayne County, Georgia My Commission Expires October 29, 1962. (Seal). Notice of Intention to Apply for Local Legislation. GeorgiaWayne County: Notice is hereby given that upon request of the mayor and council of the Town of Screven the undersigned intends to apply for the passage of their local legislation during the 1959 session of General Assembly of Georgia, creating a new charter for the Town of Screven, to change the name of said town to City of Screven, and for other purposes.

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This 22nd day of December, 1958. Clarence C. Jones, Representative, Wayne County, Georgia Approved March 9, 1959. CITY OF ATHENSSTREET CLOSED. No. 110 (House Bill No. 94). An Act to amend an Act amending the charter of the Town of Athens, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, so as to close the unopened portion of Carlton Terrace between Milledge Avenue and Marion Drive in said city; to transfer the public right, interest and title therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending the charter of the Town of Athens, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, is amended by inserting following section 1 thereof a new section which shall be known as section 1A which shall read as follows: Section 1A. The unopened portion of Carlton Terrace lying within the corporate limits of the City of Athens and being between Milledge Avenue and Marion Drive in said city, is hereby closed. All of the right, title and interest of the public in said street is hereby transferred to the property owners abutting said portion of said street on the east and west. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice. Notice is hereby given that the undersigned, in response to a request by the Board of Deacons of the Milledge Avenue Baptist Church, intend to apply to the general Assembly of Georgia at the 1959 session thereof for the passage of a local bill closing the unopened portion of Carlton Terrace between Milledge Avenue and Marion Drive within the corporate limits of the City of Athens and transferring all of the public right, title and interest therein to the abutting property owners. This 31 day of December, 1958. /s/ Julian H. Cox /s/ Chappelle Matthews Representatives from Clarke County in the General Assembly of Georgia State of Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, E. B. Braswell who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the Athens Banner-Herald on January 2 9, 16, 1959. /s/ E. B. Braswell Certified, sworn to and subscribed before me this 17th day of January, 1959. /s/ John B. Davis Notary Public, Clarke County, Ga. Notice is hereby given that the undersigned, in response to a request by the Board of Deacons of the Milledge

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Avenue Baptist Church, intend to apply to the General Assembly of Georgia at the 1959 session thereof for the passage of a local bill closing the unopened portion of Carlton Terrace between Milledge Avenue and Marion Drive within the corporate limits of the City of Athens and transferring all of the public rights, title and interest therein to the abutting property owners. This 31st day of December, 1958. Julian H. Cox, Chappelle Matthews Representatives from Clarke County in the General Assem- bly of Georgia State of Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian H. Cox, 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 2, 9, 16, 1959. /s/ Julian H. Cox Representative, Clarke County. Sworn to and subscribed before me this 20th day of January, 1959. /s/ Glenn W. Ellard, Notary Public. Approved March 9, 1959.

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CITY OF GROVETOWNNEW CHARTER. No. 111 (House Bill No. 95). An Act to incorporate the City of Grovetown, in the County of Columbia and State of Georgia, and to supercede and to repeal the Act incorporating the Town of Grovetown (Ga. L. 1909, p. 936, 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 bonds and forfeitures; to provide for the raising of revenue by taxation, buisness licenses, bonds, etc.; to provide how public property belonging to said municipality 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 Grovetown, 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

Page 2224

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 Grovetown, located in the County of Columbia, State of Georgia, be and are hereby incorporated under the name and style of City of Grovetown, 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 Grovetown as hereinbefore incorporated, shall be and are hereby vested in the City of Grovetown created by this Act. And the said City of Grovetown created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common 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 Grovetown 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 Grovetown are hereby confirmed, ratified and declared legal; provided, that no public utility such as

Page 2225

water system, or any property used in connection therewith and necessary for the maintenance of the same, owned or controlled by the City of Grovetown 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 Grovetown shall succeed to all the rights and liabilities of the old corporation, the Town of Grovetown, and all existing ordinances, resolutions, rules, regulations and bylaws of the old corporation, the Town of Grovetown shall remain unaffected hereby and are hereby continued and confirmed. Created. Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the City of Grovetown shall be the same as presently exist for the Town of Grovetown, and shall extend three-fourths mile in every direction from the center of the crossing of the present main line of the Georgia Railroad and Robinson Avenue. Corporate limits. Section 3. Be it further enacted by the authority aforesaid that the municipal government of said City of Grovetown shall consist of a mayor and four councilmen. The present mayor and councilmen of the Town of Grovetown shall continue in office until the expiration of the term for which they have been elected, and until their successors are duly 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 Grovetown. On the First Wednesday in December, 1959, there shall be elected a mayor and four councilmen, whose terms of office shall be two years for the mayor and two years for the two councilmen receiving the highest number of votes and one year for the two councilmen receiving the next highest number of votes, beginning on the first Monday in January, 1960, and each of said mayor and councilmen shall hold office until his successor is elected and qualified; and on the First Wednesday in December every two years thereafter there

Page 2226

shall be elected a mayor and two councilmen, whose term of office shall be two years, and until his successors are elected and qualified, who shall take office on the First Monday in January next following his election. On the First Wednesday in December, 1960, there shall be elected two councilmen, whose term of office shall be for two years, beginning on the First Monday in January, 1961, and each of said officers shall hold office until his successor is elected and qualified; and on the First Wednesday in December every two years thereafter there shall be elected two councilmen, whose term of office shall be for two years, and until his successor is elected and qualified, who shall take office on the First Monday in January next following his election. The purpose and intent of this section is to provide for a mayor whose term of office shall be for two years, and for four councilmen with staggered terms of two years each. Present mayor and council, election of successors, etc. Section 4. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of mayor or councilman 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 said city during his term of office, said office shall automatically become vacant. Same, qualification. 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 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. Mayor, pro tem. Section 6. Be it further enacted by the authority aforesaid, that in the event the office of mayor, or any

Page 2227

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, etc. Section 8. Be it further enacted by the authority aforesaid, that the mayor of said City of Grovetown 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, 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

Page 2228

against the ordinances of said city, and impose such penalties for violation threof as may be prescribed by ordinances, 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 three (3) 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 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 Grovetown, 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 city or county, or admit

Page 2229

to bail, offenders against the laws of this State, for their appearance at the next term of the City Court of Columbia County, Georgia, or of the Superior Court of said county, and it shall be the duty of the jailor of Columbia 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. 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, who may also be the treasurer, 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. Employees. Section 12. Be it further enacted by the authority aforesaid, that said city clerk shall be a practical book-keeper, 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 Grovetown 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

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execution for taxes, 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. 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. 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

Page 2231

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 other and further duties as shall be required of them by the mayor and council of the 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. 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

Page 2232

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 Columbia County, Georgia, in the manner prescribed in Title 19 of the Georgia Code. 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 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

Page 2233

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 any business, call, 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 shall be enforced and collected in the same manner as tax executions issued by said city. Business licenses. 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

Page 2234

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. 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, re-grade, pave, re-pave, macadamize, open and close, 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 prorating the costs thereof on real estate 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

Page 2235

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. Streets, parks, etc. 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 any person erecting 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 opinion 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 said 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

Page 2236

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. Fire districts. Building permits. Section 23. Be it further enacted by the authority aforesaid, that the mayor and council may by ordinance, 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. Examination of builders, etc. 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 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. 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 Columbia County and delegate to such joint planning board such powers and duties as

Page 2237

necessary to properly zone and carry out zoning regulations in said city. Zoning. Section 26. Be it further enacted by the authority aforesaid, that the mayor and council may construct, repair 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 on 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 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. Waterworks, etc.

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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 curent, 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. Easements. Section 29. Be it further enacted by the authority aforesaid, that there shall be a fire department maintained and operated by the City of Grovetown 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 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 departments. 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

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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 vaccinate or inoculate all persons or animals, and may provide by ordinance punishment for persons failing to be 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. 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

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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. Abatement of 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 ad valorem taxes, or for street and sidewalk improvements, 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 Grovetown, then 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

Page 2241

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 stated 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 Columbia 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. Executions. 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 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 centain 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

Page 2242

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 and who are registered voters in the County of Columbia, who shall have resided six (6) months within the city limits of the City of Grovetown, and have registered as hereinafter provided, shall be qualified to vote in any city election. Voters. 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. 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 twentieth day before any election, and any person registering therein after the twentieth day before any election shall not be qualified to vote in said election, and if said twentieth 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 nineteenth 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

Page 2243

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 37. 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 at the duly provided and designated voting booth or booths within said city. 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 twenty-five ($25.00) dollars in advance to the city clerk

Page 2244

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. Elections. Section 38. 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 together with a qualification fee of ten ($10.00) dollars with the city clerk stating the office for which they are offering, at least by 12:00 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 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 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 me 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

Page 2245

accordingly to said instructions, shall be void as to that part erroneously marked. Same, candidates, ballots, etc. Section 39. Be it further enacted by the authority aforesaid, that should the mayor or any councilmen, wilfully fail and refuse to attend two consecutive meetings or fail to perform his duties of office, 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. Mayor and council. Section 40. 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. Crimes. Section 41. 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. Ordinances Section 42. Be it further enacted by the authority 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 to the intents and purposes of this Act, nor the laws of the State. Intent. Section 43. Be it further enacted by the authority aforesaid, that all Acts of the General Assembly here-tofore

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passed incorporating the Town of Grovetown, 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 Grovetown 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 Grovetown heretofore passed and now in force, which are not inconsistent with this Act are continued as ordinances of the City of Grovetown, 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. Prior Acts repealed. Section 44. Be it further enacted by the authority aforesaid, that the mayor and council shall have exclusive control over the licensing, sale and regulation of the sale of alcoholic beverages, liquors, malts, beers and wines within the Town of Grovetown not in conflict with the laws of the State of Georgia. Sale of alcoholic beverages. Section 45. Be it further enacted that if any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid, and the other parts of this Act shall be unaffected thereby and shall remain in full force and effect. Construction. Section 46. 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 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, Columbia County. Before me, the undersigned officer duly authorized to

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administer oaths, personally appeared Frank F. Hash, who after being duly sworn, deposes, says and certified that he is the publisher of The Columbia News of Columbia County, Georgia, 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 Columbia News on the following dates, to-wit December 25, 1958; January 1, 8, 1959. Frank F. Hash Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, at the January session, 1959, an Act to repeal, consolidate and supersede the Act incorporating the Town of Grovetown, in Columbia County, Georgia, and all amendments thereto, and to create a new charter for said municipality; to repeal the Act incorporating the Town of Grovetown, approved August 16, 1909 (Ga. L. 1909, p.936), and also (Ga. L. 1880-1, p. 487), and all amendments thereto, and to create a new charter for said municipality, created as the City of Grovetown, in Columbia County, Georgia, to provide for a municipal government, to define the territorial limits of said City of Grovetown to be the same as now exists for the Town of Grovetown, to provide for the powers thereof, to provide for a mayor and council and to define their powers and duties and office, and that the duties, powers, objects and purposes of said municipal government shall be contained therein, and for other purposes. This 22nd day of December, 1958. /s/ Glenn S. Phillips Representative, Columbia County.
Page 2248

Sworn to and subscribed before me this 14th day of January, 1959. *(See Enrolled Act). Notary Public, Columbia County, Georgia. My Commission Expires June 30, 1962. (Seal). Approved March 9, 1959. LINCOLN COUNTYCOMPENSATION OF CHAIRMAN OF COMMISSIONERS OF ROADS AND REVENUES. No. 112 (House Bill No. 103). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Lincoln County, approved February 25, 1949 (Ga. L. 1949, p.1228), as amended by an Act approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. sess., p. 2483), so as to increase the compensation of 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 Lincoln County approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended by an Act approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. sess., p. 2483), is hereby amended by striking from section 3 the words and figures two hundred ($200.00) dollars and inserting in lieu thereof the words and figures two hundred seventy-five ($275.00) dollars, so that Section 3 as so amended shall read: Section 3. The chairman of the board shall receive a salary from the general funds of said county in the sum of two hundred seventy-five ($275.00) dollars per month. Said chairman shall be the road superintendent of said county and it shall be his responsibility to supervise

Page 2249

all road work and see that all orders of the board are put into effect. Said chairman shall, during his term of office, devote his full time to said position. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that at the next session of the General Assembly of the State of Georgia, I will offer an amendment to the Act creating the County Commissioner form of government for Lincoln County, Georgia (Ga. L. 1949, p. 1228), and as amended by an Act of the General Assembly (Ga. L. 1953, p. 2483), so as to change by increasing the compensation of the chairman of said Board of County Commissioners of Lincoln County, Georgia, from two hundred ($200.00) dollars per month presently payable to the sum of two hundred seventy-five ($275.00) dollars per month payable upon passage and approval of said amendment. This public notice is given in accordance with the provisions of the Constitution of the State of Georgia and the Laws of the State of Georgia relative to passage of local legislation. /s/ Ben B. Ross Representative-Elect, Lincoln County. State of Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben B. Ross, who, on oath, deposes and says that he is representive from Lincoln County, and that the attached copy of notice of intention to introduce local legislation was published in the Lincoln Journal, which is the official organ

Page 2250

of said county, on the following dates: December 25, 1958, and January 1, 8, 1959. /s/ Ben B. Ross Representative, Lincoln County. Sworn to and subscribed before me this 20th day of January, 1959. Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. Approved March 9, 1959. CITY OF SPRINGFIELDELECTION HOURS. No. 113 (House Bill No. 104). An Act to amend an Act creating and incorporating the City of Springfield, approved August 19, 1912 (Ga. L. 1912, p. 1296), as amended, so as to change the hours for voting in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and incorporating the City of Springfield, approved August 19, 1912 (Ga. L. 1912, p. 1296), as amended, is amended by striking from section 17 thereof the words ten o'clock A. M. and close at four o'clock P. M. and inserting in lieu thereof the words seven o'clock A. M. and close at seven o'clock P. M., so that said section, as amended hereby, shall read as follows: Section 17. Be it further enacted, That all elections for mayor and aldermen, and elections on any questions submitted to the voters of said city shall be held at the court house, and at such other places as are now or may

Page 2251

be hereafter established by law or the ordinances of said city. All elections shall be held by three persons, who may be qualified to hold and superintend elections for members of the General Assembly of this State, and said election shall be held in the same manner and under the same rules and regulations as are elections for members of the General Assembly with this exception: that the polls shall open at seven o'clock A.M. and close at seven o'clock P.M. In elections for mayor and aldermen the superintendent shall deliver certificates of election to the persons whom they find have received the greatest number of votes for the office of mayor and aldermen respectively: and returns be sealed up and delivered to clerk of council to be kept 10 days and if no contests filed the returns to be destroyed without being opened. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Legislation will be introduced in the next session of the General Assembly (1959) to amend the charter of the City of Springfield to provide that the polls on election day shall be open from 7 a.m. to 7 p.m. Complainant should write to B. Frank Arnsdorff, Representative. Mayor and Council, Town of Springfield, Ga. State of Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. Frank Arnsdorff, who, on oath, deposes and says that he is representative from Effingham County, and that the attached copy of notice of intention to introduce local legislation was published in the Springfield Herald, which is the official organ of said county, on the following dates:

Page 2252

December 4, 11, 18, and 25, 1958. /s/ B. Frank Arnsdorff Representative, Effingham County. Sworn to and subscribed before me this 19th day of January, 1959. /s/ John Tye Ferguson, Notary Public. My Commission Expires October 10, 1961. (Seal) Approved March 9, 1959. WALKER COUNTYSALE OF MOBILE EQUIPMENT. No. 114 (House Bill No. 133). An Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Walker approved February 10, 1939 (Ga. L. 1939, p. 751), as amended particularly by an Act approved March 5, 1957 (Ga. L. 1957, p. 2416), so as to prohibit the sale of mobile equipment belonging to Walker County or any equipment in which Walker County has any interest, by the commissioner after the nomination of a successor; to provide a penalty for violation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenues for the County of Walker approved February 10, 1939 (Ga. L. 1939, p. 751), as amended particularly by an Act approved March 5, 1957 (Ga. L. 1957, p. 2416), is hereby amended by striking section 18A in its entirety and in lieu thereof inserting the following:

Page 2253

Section 18A. No sale of mobile equipment belonging to Walker County, or any sale of mobile equipment in which Walker County has any interest, legal or equitable, shall be made by the commissioner after the nomination by a political party that polled at least 75% of the votes cast at the last preceding general election for members of the General Assembly from Walker County, of a successor to the incumbent, who is a person other than the commissioner. Any person who shall violate the provisions of this section 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1959 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Walker so as to prohibit the sale of mobile equipment in which Walker County has an interest; to provide a penalty for violation; and for other purposes. This 2nd day of January, 1959. /s/ Albert Campbell /s/ Robert E. Coker Representatives, Walker County. State of Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. Coker and Albert Campbell, who, on oath, deposes and says that they are representatives from Walker County, and that the attached copy of notice of intention to introduce local legislation was published in the Walker

Page 2254

County Messenger, which is the official organ of said county, on the following dates: January 7, 14, 21, 1959. /s/ Albert Campbell /s/ Robert E. Coker Representatives, Walker County. Sworn to and subscribed before me this 22th day of January, 1959. /s/ John Tye Ferguson, Notary Public. My Commission Expires Oct. 10, 1961. (Seal) Approved March 9, 1959. CITY COURT OF WALKER COUNTYNEW TRIALS, JUDGE'S SALARY. No. 115 (House Bill No. 134). An Act to amend an Act creating the City Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2536), so as to change the compensation of the judge of said city court; to change the time during which a motion for a new trial may be filed in said city court; to remove certain restrictions upon the compensation of the judge of said city court; to provide an effective date for certain provisions of this Act; 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 Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2536), is amended by striking from

Page 2255

section 3 thereof the figures $3,600.00 and inserting in lieu thereof the figures $5,400.00, and by striking from said section the words which shall neither be diminished nor increased during his continuances, except to apply to a subsequent term in office, 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 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 $5,400.00 per annum, 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 striking from section 27 the word ten and inserting in lieu thereof the word thirty, so that said section, as amended hereby, shall read as follows: Section 27. The Judge of the City Court of Walker County shall have power to grant a new trial in any case, in his court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleadings, practice and procedure governing motions, rules nisi, and other proceedings in new trials

Page 2256

in the superior courts, shall apply and govern the same in the City Court of Walker County. All motions for new trials must be made and filed with the clerk of the City Court of Walker County within thirty days from the date of the rendition of the verdict or judgment complained of. In other respects such motion shall be governed by the ordinary rules and laws governing motions for new trials in the superior courts. Time for filing motions for new trial. Section 3. The provisions of section 1 of this Act shall become effective the first day of the month following the month in which this Act is approved by the Governor or otherwise becomes a law. 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 1959 session of the General Assembly of Georgia, bills to amend the Act creating the City Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, so as to change certain provisions relating to practice and procedure in said court and the compensation of the judge of said court; and for other purposes. This 2nd day of January, 1959. /s/ Robert E. Coker /s/ Albert Campbell Representatives, Walker County. State of Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. Coker and Albert Campbell, who, on oath, deposes and says that they are representatives from Walker County, and that the attached copy of notice of intention to introduce local legislation was published in the Walker

Page 2257

County Messenger, which is the official organ of said county, on the following dates: January 7, 14, 21, 1959. /s/ Robert E. Coker /s/ Albert Campbell Representatives, Walker County. Sworn to and subscribed before me this 22nd day of January, 1959. /s/ John Tye Ferguson, Notary Public. My Commission Expires Oct. 10, 1961. Approved March 9, 1959. CITY OF LAFAYETTECHARTER AMENDED. No. 116 (House Bill No. 135). 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, particularly by an Act approved August 12, 1924 (Ga. L. 1924, p. 634), an Act approved February 25, 1949 (Ga. L. 1949, p. 1656) and an Act approved March 17, 1958 (Ga. L. 1958, p. 2305), so as to change the provisions of said Act relating to the overriding of a veto by the city council; to ratify the provisions of said Act relating to a city manager form of government; to provide that the city manager and city employees shall not engage in political activities; to provide for the removal of the city manager from office and the procedure in connection therewith; to provide for the performance of the duties of the city manager when there is a vacancy in the office; to authorize the suspension of employees by the city manager and the procedure in connection therewith; to provide that the hiring of appointees shall be subject to the approval of the city council; to provide for the

Page 2258

conduct of elections in said city; to provide for absentee voting 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, particularly by an Act approved August 12, 1924 (Ga. L. 1924, p. 634), an Act approved February 25, 1949 (Ga. L. 1949, p. 1656), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2305), is amended by striking from section 1 of said amendatory Act of 1924 the words two-thirds vote of the council in such meeting and inserting in lieu thereof the words the affirmative vote of four (4) members of the council, 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 the charter of the City of LaFayette, in the County of Walker be and the same is hereby amended as follows: That section 3 of the charter of the City of LaFayette, as approved August 17, 1914, shall be amended by adding thereto the following provision: That from and after the passage of this Act that the mayor of said city shall have the power to veto any act of the council in passing any ordinance or resolution by signifying his disapproval of such act of the council, and having the same entered in the minutes of said council, and that the veto of said Mayor to any act of the council may be overriden by the affirmative vote of four (4) members of the council. The right of veto of any ordinance must be exercised within ten days from the time of passage by the council or same shall be considered as approved. Vetoes. Section 2. The provisions of an Act approved March 17, 1958 (Ga. L. 1958, p. 2305), amending the Act amending, codifying and consolidating the Acts incorporating

Page 2259

the City of LaFayette, approved March 17, 1914, so as to establish a city manager form of government in said city are hereby ratified and affirmed and made of full force as a part of the charter of the City of LaFayette except as they may be amended by this Act. 1958 Act affirmed. Section 3. An Act amending, codifying and consolidating the Acts incorporating the City of LaFayette, approved August 17, 1914 (Ga. L. 1914, p. 936), as amended, particularly by an Act approved August 12, 1924 (Ga. L. 1924, p. 634), an Act approved February 25, 1949 (Ga. L. 1949, p. 1656), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2305), is amended by inserting at the end of subsection b. of section 3A the words Neither the city manager nor any other officer or employee of any department under him shall campaign or solicit votes for or contract any money towards the election or nomination of any person as mayor or councilman of the city, except to answer such questions as may be put and that they may desire to answer. Any violation of this section shall subject the offender to removal from office, so that said subsection, as amended hereby, shall read as follows: 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. Neither the city manager nor any other officer or employee of any department under him shall campaign or solicit votes for or contract any money towards the election or nomination of any person as mayor or councilman of the city, except to answer such questions as may be put and that they may desire to answer. Any violation of this section shall subject the offender to removal from office. City manager. Section 4. Said Act is further amended by striking

Page 2260

from section 3A, subsection c. thereof in its entirety and inserting in lieu thereof a new subsection c. which shall read as follows: c. The city manager shall be appointed for an indefinite term and shall hold office until he shall be removed as provided in this subsection. The mayor and council of the City of LaFayette may remove the city manager at any time within six (6) months after his appointment and qualification at the will of said mayor and council, but the city manager shall not thereafter be removed from office until served with written charges and given a public hearing before the mayor and council. During any suspension or disability of said city manager, the mayor and council shall designate some properly qualified person to perform the duties of the office. Same. Section 5. Said Act is further amended by striking from subsection d. of section 3A the words have full power to make a temporary appointment or to so that said subsection, as amended hereby, shall read as follows: 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 perform the functions and duties of the office. Same. Section 6. Said Act is further amended by inserting in subsection f. (4) of section 3A thereof following the words with the approval of the city manager the words and the city council, so that said subsection, as amended hereby, shall read as follows: (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

Page 2261

with the approval of the city manager and the city council. Upon failure of such appointees and/or 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. Appointive officers. Section 7. Said Act is further amended by inserting following subsection f. (4) of section 3A thereof a new subsection which shall be known as subsection f. (4) (I), which shall read as follows: (I) To suspend any city employee until the next regular meeting of the city council. It shall be the duty of the city council at the next regular meeting following the suspension of any city employee by the city manager to either affirm or reject the action of the city manager. In the event that the city council shall affirm the action of the city manager, such employee shall be considered to have been dismissed from city employment as of the date of his suspension by the city manager. In the event that the city council shall reject the action by the city manager, the city employee shall be reinstated with all the former benefits of his employment, including the right to be paid his regular compensation from the date of his suspension. Suspension of employees. Section 8. Said Act is further amended by striking section 10 thereof in its entirety and inserting in lieu thereof a new section 10 which shall read as follows: Section 10. Be it further enacted that persons authorized to hold city elections shall be registered voters of the City of LaFayette, designated by the mayor and council. The managers for any election shall be appointed by the mayor and council for each election, and they shall be notified of their appointment at least three (3) days before the election. The mayor and council shall select some suitable place for the holding of said elections. The managers shall receive such compensation as the mayor and council may determine. Said managers

Page 2262

shall conduct elections as near as practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be open at 7 o'clock a.m. and closed at 6 o'clock p.m. and a manager shall be eligible to open and close the polls. The managers shall each before proceeding with the election take and subscribe to the following oath: All and each of us do swear that we will faithfully superintend this day's election, that we are qualified by being free-holders or a justice of the peace, to hold the same and that we will make a just and true return thereof and not knowingly permit anyone to vote unless we believe he is justly entitled to do so according to the charter of this city nor knowingly prohibit anyone from voting who is entitled, and we will not knowingly divulge for whom any vote was cast unless called upon to do so under the law, so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed to before some officer authorized to administer oaths if any be present, and if no such officer be present, said oath may be made and subscribed by each manager in the presence of the others. The managers acting at first election under this charter shall issue a certificate of election to each of the persons elected, which shall be recorded in the records of the city. Said certificate shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected mayor, each of the councilmen and the recorder, a like certificate, and shall also certify as to the result of the election to the acting council, which last certificate shall be entered upon the records of said mayor and council. Said managers shall also furnish to the city council one of the tally sheets of said election, certified by them. Elections. Section 9. Said Act is further amended by inserting following section 10 thereof a new section which shall be known as section 10A which shall read as follows: Section 10A. (a) Any registered voter, when required

Page 2263

to be absent from the city, or who, because of physical disability will be unable to vote in person, may vote by mail: Provided that he or some member of his family, viz, husband or wife, father or mother, sister or brother, or son or daughtershall give notice in writing of such intention to the city clerk, not less than five (5) days nor more than sixty (60) days prior to the primary or election in which he may desire to participate. Same, absentee ballots. (b) Said voter shall by mail forward to the city clerk a letter of application for a ballot. If the voter is making application for a ballot because of a physical disability, there shall also be included a certified statement from a licensed physician, to the effect that such voter will be unable to vote in person because of said physical disability. (c) Upon receipt of the letter forwarded by the city clerk, as is hereinafter provided, the applicant shall open the sealed envelope marked `ballot within' in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, and shall then and there mark and refold the ballot without assistance and without making known the manner of marking the same, except that if a physical disability makes it necessary, the voter may receive assistance from the person who is to be the witness. He shall then and there place the ballot within the envelope in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, who shall witness the same in writing, as hereinafter provided. The coupon hereinafter provided shall be enclosed within the envelope addressed to the registrars, and immediately mailed. (d) If the letter shall have been directed to the United States consulate, an elector receiving his ballot shall conform to all the requirements of subsection 10A(c) except that he shall sign and seal the ballot in the presence of the American consul or his assistant, preserving all the secrecy of the ballot, as provided in subsection 10A (c), and it shall be forwarded by the consulate within two (2) days after receipt of same.

Page 2264

(e) The city clerk, upon receipt of the application for ballot, shall satisfy himself that the applicant is duly qualified to vote in the city for which said application is made, and shall enroll the name and address of the applicant, if found eligible, in a book to be provided for the purpose, and make out the certificate and coupon attached, as hereinafter provided, and forward same to the applicant at least four (4) days prior to the date of holding said election, by mail, general delivery, and shall also enclose in said letter: (1) An envelope containing the folded ballot, sealed and marked `ballot within'. (2) An envelope, for resealing the marked ballot, form of which is hereinafter provided, and called `voucher'. (3) A properly addressed envelope for the return of said ballot. (4) A printed slip, giving full instruction regarding the manner of marking the ballot, in order that the same may be counted, and the manner of preparing and returning the same, which printed slip shall be provided by the city clerk. (f) The applicant shall open the sealed envelope marked `ballot within' in the presence of the postmaster or his assistant, or any person qualified under the laws to attest deeds, who shall see that the ballot is duly deposited in the mails after the completion thereof. The voter shall mark and refold the ballot without assistance, except as provided in subsection 10A (c), and shall not disclose the manner in which it has been marked, and shall seal and sign the voucher, the postmaster or assistant, or any person qualified under the law to attest deeds signing as witness to said voucher. Name..... Color..... Height..... Age..... Color of Hair..... Color of eyes..... Weight (estimated)..... Birthplace given by voter..... Occupation.....

Page 2265

To the best of my knowledge, the above information is correct and the applicant has complied with the requirements of the law as above provided. I have no knowledge whatever of the marking, erasures or intent of the ballot enclosed. (If the voter received assistance because of physical disability, strike this last sentence and insert the following: `I have assisted the voter because of physical disability.') (Signed)..... (Postmaster, his assistant, or any person qualified under the law to attest deeds). In territory without the jurisdiction of the United States, the consular officer shall sign the certificate. (g) The voucher shall be on the back of the return envelope containing the marked ballot, and shall be as follows: `This is to certify that the enclosed ballot was received by me from the city clerk of LaFayette, Georgia. The envelope marked ballot within was opened by me in the presence of (postmaster, or any person qualified under the law to attest deeds, consul or commissioned officer), of.....marked while in the office, without assistance or knowledge on the part of any one as to manner in which same was prepared, and then and there sealed as provided by law. (Signed)..... Teste: ..... Date..... 19..... If the voter, because of physical disability, received assistance, the person who serves as witness may fill in the blanks and sign for the voter, making a notation of the reason for such act. (h) It shall be the duty of the city registrars, at the expense of the city, to furnish the city clerk with a

Page 2266

sufficient number of blank ballots, each properly sealed in an envelope marked `ballot within,' and take his receipt for same. Within four (4) days subsequent to the election, the city clerk shall return to the registrars all unused ballots in their original sealed envelopes and a list of the voters who have been furnished ballots as provided in this section. Section 10. Said Act is further amended by striking from section 13 thereof the words the board of school trustees shall also make a similar financial statement at the close of each year, so that said section, as amended hereby, shall read as follows: Section 13. Be it further enacted, that the mayor 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. Annual financial statements. 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 1959 session of the General Assembly of Georgia, bills 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 make certain changes relating to the city manager form of government, conduct of elections, passage of city ordinances and voting by mail in said city; and for other purposes. This 2nd day of January, 1959. /s/ Robert E. Coker /s/ A. E. Campbell Representatives, Walker County.
Page 2267

State of Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. Coker and Albert Campbell, who, on oath, deposes and says that they are representatives from Walker County, and that the attached copy of notice of intention to introduce local legislation was published in the Walker County Messenger, which is the official organ of said county, on the following dates: January 7, 14, 21, 1959. /s/ Robert E. Coker /s/ A. E. Campbell Representatives, Walker County. Sworn to and subscribed before me this 22nd day of January, 1959. /s/ John Tye Ferguson, Notary Public. My Commission Expires Oct. 10, 1961. Approved March 9, 1959. CITY OF ATLANTA, FULTON COUNTYACT CREATING EDUCATION COMMISSION AMENDED. No. 117 (House Bill No. 141). An Act to amend 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, approved March 21, 1958 (Ga. L. 1958, p. 2842 et seq.), so as to change the provisions for the filing of interim reports and the final report, 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:

Page 2268

Section 1. The 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, approved March 21, 1958 (Ga. L. 1958, p. 2842 et seq.), is amended by repealing and striking from said Act section 5 thereof, to-wit: 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. When its final report has been filed as hereinabove provided, the commission shall thereby be discharged. and by inserting in lieu thereof a new section 5 to read as follows: 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

Page 2269

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; provided further, however, that if the commission is not ready to file its final report at that time, then the commission shall file an additional 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, 1961. At least 60 days prior to filing any 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. When its final report has been filed as hereinabove provided, the commission shall thereby be discharged. Reports. Section 2. 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. Construction. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. Copies of notices of intention to apply for this local legislation and affidavits showing the publication of such notices 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

Page 2270

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 24, 31st days of December, 1958, and on the 7th day of January, 1959, as provided by law. /s/ Frank Kempton Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce into the session of the General Assembly of Georgia which convenes in January, 1959, an Amendment to 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, approved March 21, 1958, Georgia Laws 1958, p. 2842 et seq., so as to change the provisions for the filing of interim reports and the final report and for other purposes. This December 23, 1958. Ralph McClelland Representative, Fulton County Subscribed and sworn to before me this 16th day of January, 1959. (Seal) /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959. Approved March 9, 1959.

Page 2271

CITY OF VIENNAQUALIFICATIONS OF VOTERS. No. 118 (House Bill No. 142). 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 charter for City of Vienna, so as to fix the minimum age of persons entitled to vote in elections within the City of Vienna, to repeal conflicting laws, 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 contained 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) further amended as follows: Section 1. Section numbered 5 of the within-mentioned Act approved 16 August 1915 is amended by adding sentence in words and figures as follows: All persons qualified to vote for members of the General Assembly who shall have resided within the corporate limits of the City of Vienna for not less than sixty days next preceding the election therein and shall be registered to vote in the State and Dooly County elections and shall register as required by law or ordinance shall be qualified to vote at any election within the said city and all persons otherwise qualified and who shall have attained the age of 18 years prior to the election shall be entitled to register and to vote in any such election within the City of Vienna. Section 2. All laws or ordinances in conflict with this enactment are repealed to the extent of the conflict. Section 3. If any provision of this enactment or the application thereof as to any person or circumstance is

Page 2272

held by any court of competent jurisdiction to be null, frustrate or inoperative, such holding of invalidity shall neither affect nor disturb the operation of the other provisions of the said enactment which can be given effect without the invalid provision or application, and to this end notwithstanding other evidence of intent the provisions of this enactment are declared to be severable. Construction. Section 4. Subjoined hereto as annexure and made a part hereof is copy of the notice to apply for the local legislation herein, certified by the publisher of the newspaper in which the sheriff's advertisements for the locality affected are published, in terms of Article III., Section VII., Paragraph XV., of present Constitution of the State of Georgia. Affiant herein, namely: Mrs. Madge H. Methvin, personally and voluntarily appeared before the undersigned authority empowered to adminster oaths and being first duly sworn on oath says that she, the affiant, 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 8 January 1959, 15 January 1959 and 22 January 1959, at the request of B. W. Carr, and that affiant has personal knowledge of the within-averred facts. /s/ Mrs. Madge H. Methvin Taken, sworn to and subscribed in my presence in Dooly County, Georgia, this, 23 January 1959: as witness my signature officially. /s/ Roy B. Friedin Commercial Notary Public, Dooly County, Georgia. (Seal)

Page 2273

Notice. Notice is, as provided by Article III., Section VII., Paragraph XV., of Constitution of State of Georgia, hereby given this, 1 January 1959, 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 charter for city of Vienna, so as to fix the minimum age of persons entitled to vote in elections within the city of Vienna, to repeal conflicting laws, and for other purposes therein-mentioned. B. W. Carr, Representative from Dooly County Approved March 9, 1959. FULTON COUNTYPENSION ACT AMENDED. No. 119 (House Bill No. 143). An Act to amend the Fulton County Pension Act appearing in Georgia Laws 1939 pp. 571 et seq. which was approved March 3, 1939 by striking from said Act section 16 which prohibits a Fulton County pensioner from accepting employment in any department of the national, state, municipal or other county government, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the said act described in the caption hereof be and the same is hereby amended as follows: Section 1. That section 16 of the Fulton County Pension Act appearing in Georgia Laws 1939 pp. 571 which

Page 2274

was approved March 3, 1939 which said section reads as follows: Section 16. Be it further enacted by the authority aforesaid, that from and after the passage of this Act if any employee of the Commissioners of Roads and Revenues for Fulton County, after having been placed on the pension roll of Fulton County and being granted a pension under the terms of this Act and the rules and regulations hereunder, does thereafter become an employee of any department of the government, whether national, state or municipal or another county, then and in that event his or her said pension ceases and it shall be unlawful for any pension to be thereafter paid to said employee; nor shall it be lawful for the governing authorities of Fulton County to thereafter revive and recommence to pay said pension under any circumstances. be and the same is hereby repealed. Section 16 of 1939 Act repealed. 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 3, Section 7, Paragraph 15 of the Constitution of Georgia 1945. A copy of said notice is attached hereto and made a part hereof. 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 15, 22, 29th days of December, 1958,

Page 2275

and on the 5, 12th days of January, 1959 as provided by law. /s/ Frank Kempton (Seal) Subscribed and sworn to before me this 16th day of January, 1959. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large By Commission Expires Oct. 18, 1959. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1959 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 pension to County employees of said County... and for other purposes (Ga. L. 1939, p. 571). Harold Sheats, Fulton County Attorney Approved March 9, 1959. CITY OF ATLANTACORPORATE LIMITS. No. 120 (House Bill No. 144). An Act to amend an Act establishing a new charter for the City of Atlanta, in the County of Fulton, approved February 28, 1874, and the several Acts amendatory thereof so as to change the corporate limits of said city; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is, hereby excluded from the city limits from the City of Atlanta in the County of Fulton,

Page 2276

the municipal corporation aforesaid, the following territory, to-wit: All of that area of Fulton County and inhabitants therein in land lot 219 of the 14th district of Fulton County, Georgia, which area is enclosed within the following geographical boundary lines, to-wit: Beginning on the east line of said land lot 219 at a point 550 feet north of the southeast corner of said land lot at the city limit boundaries of the City of East Point and the City of Atlanta, and running thence westerly along the present boundary line of said City of East Point, 1645 feet to a point which is 150 feet east of the east side of Maxwell Road; running thence northerly parallel with, and 150 feet east of the east side of said Maxwell Road, 780 feet to a point which is 690 feet south of the south side of Connelly Drive; running thence easterly 1638.9 feet to the east line of said land lot 219 and the present East Point boundary line; thence along the present city boundary of the City of East Point southerly 576.3 feet to the point of beginning. Section 2. Notice of intention of the City of Atlanta to apply for this local legislation was published three times in the Fulton County Daily Report in three separate calendar weeks during a period of sixty (60) days next preceding the introduction of this Bill in the Legislature, and a copy of said notice is attached hereto and by reference made a part hereof as required by law. Section 3. All laws and parts of laws in conflict with this act are hereby repealed. 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,

Page 2277

of which the annexed is a true copy, was published in said paper on the 22, 29th days of December, 1958, and on the 5, 12th days of January, 1959 as provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 21st day of January, 1959. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959. (Seal) 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 1959 session of the General Assembly of Georgia, which convenes on Monday, January 12, 1959, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This December 18, 1958. City of Atlanta By: J. C. Savage City Attorney Approved March 9, 1959.

Page 2278

CITY OF ATLANTAIMPROVEMENT OF STREETS, ETC. No. 121 (House Bill No. 148). 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. Any existing provisions of the charter of the City of Atlanta to the contrary notwithstanding, the mayor and board of aldermen shall be authorized and empowered, when in their discretion the public necessities may require it and such action may seem proper, to improve all or a portion of any of the streets, roads, avenues, public alleys or other public places in said city by grading, paving, repaving, curbing, guttering and draining the same, and by laying sewers therein, including the installation of manholes, catchbasins and pipes, and assess the entire cost thereof against the property abutting thereon and the owners of such abutting property. Improvement of streets, etc. Section 3. No petition by the owners of the abutting

Page 2279

property shall be required as a prerequisite for the action authorized by the preceding section; but no resolution or ordinance providing for any such improvement shall be passed until the same shall have been referred to the Public Works Committee of the Mayor and Board of Aldermen, and a public hearing held thereon as hereinafter provided. Procedure. Section 4. Pending consideration of the resolution or ordinance, an advertisement shall be inserted at least one time in one of the daily papers of the city ten days in advance of the meeting of the Public Works Committee at which the same is to be considered, which shall give notice of the introduction of the resolution or ordinance, the street or public place or portion thereof proposed to be improved, the specific improvements proposed to be made and the estimated cost thereof per front foot, and shall set forth that the abutting property owners and other interested parties are notified to appear at a meeting of the Public Works Committee to be held at a time and place stated in said advertisement and make any objections they may desire to urge to the passage of such resolution or ordinance. Same, advertisement. Section 5. At the designated meeting of the Public Works Committee, all interested parties shall, within reasonable limits, be given full opportunity to express their objections to the proposed improvements. Thereafter, said committee shall render its report to the mayor and board of aldermen; and that body shall have the full right and power in its discretion to order the proposed improvements to be made, or to reject said resolution or ordinance. Same, public hearing. Section 6. After the passage of said resolution or ordinance, all property owners to be assessed for the cost of such improvements who do not within fifteen days commence legal proceedings to prevent said improvements and said assessment being made shall be conclusively presumed to have accepted the terms of said resolution or ordinance and to have agreed that the assessment provided for may be made. Same, protest.

Page 2280

Section 7. Thereupon it shall be the duty of the mayor and board of aldermen forthwith to cause the improvements to be made. When the work is completed an ordinance shall be passed assessing the total cost thereof against the abutting property, which ordinance shall assert and declare a lien for the proportionate part of the cost against each parcel of land abutting on said street or public place. Generally, the provisions as to assessment set forth in other sections of the charter of said city shall be followed when the method of improvement prescribed herein is used. Assessments. Section 8. The passage of the resolution or ordinance for such improvements, together with the ordinance assessing the cost of the same and assessing liens against property abutting thereon, shall, when properly entered on the minutes of the board of aldermen, be notice of such lien from the date of the completion and entry of same, as provided in section 25.64, Part I, Code of the City of Atlanta of 1953, as full and complete as if the same were in the form of an execution and entered on the general execution docket of the clerk of the superior court. Same. Section 9. It is declared to be the intention of this Act that its provisions shall be cumulative, and that the method of improvements prescribed herein shall be in addition to other methods of improvements presently authorized by the provisions of the charter of said city. Intent. Section 10. 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 newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General

Page 2281

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 1959 session of the General Assembly of Georgia, which convenes on Monday, January 12, 1959, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This December 18, 1958. City of Atlanta By: J. C. Savage City Attorney This 23 day of January, 1959. /s/ Ralph McClelland Sworn to and subscribed before me this 23 day of January, 1959. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission Expires October 4, 1960. (Seal) Approved March 9, 1959.

Page 2282

CITY OF EAST POINTCORPORATE LIMITS. No. 122 (House Bill No. 152). An Act to amend an Act establishing a new charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, p. 862), and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All of that area of Fulton County and the inhabitants of such area lying and being in land lots 190, 191 and 194, of the 14th district of Fulton County, Georgia, which area is enclosed within the following geographical boundary lines, to-wit: Beginning at a point on the center line of West Washington Road 813.6 feet northeast of the intersection of the center lines of West Lyle Avenue and said West Washington Road, running thence eastwardly along the boundary line of the City of East Point 22.8 feet to the east side of said West Washington Road and the boundary line of the City of College Park; thence southwestwardly along the east side of said West Washington Road and the boundary of said City of College Park 3894 feet more or less to a point 1153 feet east on the west line of land lot 194, said point being on the boundary of said City of East Point; thence north along said boundary 20 feet to the center line of said West Washington Road; thence northeastwardly along the center line of said West Washington Road and the boundary of said City of East Point 3894 feet more or less, to the point of beginning; be and they are hereby annexed to and incorporated in the municipality of said City of East Point. Section 2. That all of the governmental rights, jurisdiction, power and authority of the City of East Point and all of its officers, agencies, departments and authorities is hereby extended over all of said annexed territory and the inhabitants thereof.

Page 2283

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 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 made a part hereof as required by law. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 17, 24th days of Nov., 1958, and 1, 8, 15, 22 days of December, 1958, and on the 5th day of January, 1959 as provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 9th day of January, 1959. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959 (Seal) Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1959, the title to such bill or bills to be as follows:

Page 2284

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 17th day of November, 1958. City of East Point By Ezra A. Phillips City Attorney 1301 Fulton Natl. Bank Bldg. Atlanta 3, Georgia Approved March 9, 1959. CITY OF EAST POINTCHARTER AMENDED. No. 123 (House Bill No. 155). An Act to amend an Act establishing a new charter for the City of East Point, in Fulton, 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 the City Charter of the City of East Point, Georgia, as contained in an Act approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), as revised and amended, be and the same is hereby further revised and amended, as follows: Section 1. Section 8 of an Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), amending said charter is hereby repealed and the following section 8 enacted in lieu thereof: Section 8. The mayor of said city shall be the chief executive officer thereof, and shall see that all of its

Page 2285

laws, ordinances, rules and regulations are executed and enforced, and that all officers and employees faithfully discharge their duties. He shall have general supervision over the affairs of the city, and shall preside at meetings of the city council. He shall convene the city council in called sessions when he deems it necessary. Unless otherwise expressly provided by law or this charter he shall have no vote on any question before the city council except in case of a tie; provided, he shall have power to veto any action of the city council except its appointment of officers or employees, and except an impeachment resolution against the mayor, or a resolution of removal of the mayor; and no act shall take effect over such veto unless subsequently passed by the affirmative vote of at least five councilmen on a yea and nay vote duly recorded on the minutes of the city council; and action of the city council, unless disapproved by the mayor's veto filed in writing with the city clerk within three days from the date of such action, with the reasons for withholding his assent, shall take effect as if signed and approved by the mayor, but if he approves it the measure shall go into effect immediately upon such approval. Mayor. Section 2. Section 11 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, be and is hereby repealed and the following section 11 enacted in lieu thereof, to-wit: Section 11. Exclusive of the premiums paid by the city on group insurance the mayor shall receive an annual salary fixed for each year by the city council in January of such year, but such salary shall not be reduced during the term for which he shall have been elected. Each councilman shall receive an annual salary of $1,500.00 exclusive of premiums paid by the city on group insurance. Said salaries for mayor and councilmen shall be paid on the last day of each month in twelve (12) equal monthly installments. In addition to their respective salaries, each councilman shall receive $75.00 per month as expenses, and this monthly expense money shall be paid on the last day of the month for which it is allowed.

Page 2286

The city council shall provide for payment of all reasonable expenses which may be incurred by the mayor in the discharge of his duties, including an efficient private secretary appointed by him. Salaries of Mayor and Council. Section 3. Section 12 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 12 enacted in lieu thereof, to-wit: Section 12. The city council shall, in January of each year, elect one of its members mayor pro tempore for that year, who shall discharge the duties and exercise the powers and authority of mayor in the absence, disability or disqualification of the mayor and during a vacancy in the office of mayor; provided his rights and duties as councilman shall remain unimpaired, except he shall not receive the salary or expense of councilman while receiving the salary and expense of mayor when a vacancy exists in the office of mayor. Before entering on the discharge of his duties the mayor pro tem. shall take and subscribe the oath prescribed for mayor. Mayor pro tem. Section 4. Section 13 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 13 enacted in lieu thereof, to-wit: Section 13. In case neither the mayor nor mayor pro tem. can attend to or discharge the duties of mayor, whatever the cause, the city council shall elect from its membership a provisional mayor pro tem. to act until a mayor or mayor pro tem. can act, who shall take the same oath and be clothed with all of the rights, powers and authority of mayor until a mayor or mayor pro tem. can act, except the right to receive the salary and expense of mayor when no vacancy exists in the office of mayor. Provisional pro tem. Section 5. Section 18 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is

Page 2287

hereby repealed and the following section 18 enacted in lieu thereof, to-wit: Section 18. Special meetings of the city council of East Point shall be ordered in writing by the mayor, and the order shall be entered on the minutes of the city council. Each member of the City Council of East Point, except such as waive service, shall be served with a copy of such order by a city policeman who shall deliver a copy of such order into the hands of such councilman, or leave a copy thereof at the most notorious place of abode of such councilmen within said city, at least two days before such meeting, which serving officer shall make an entry of his acts and the method of service of such order on the back of a second original of such order, which entry and second original order shall be returned to the city clerk who shall enter the same on the minutes of the city council; provided, a meeting may be held without such notice by unanimous consent of all members of the City Council of East Point entered on its minutes; provided, it shall not be necessary to serve a copy of such order on the official ordering the meeting, or on a member waiving such service in writing. Special meetings of Mayor and Council. Section 6. Section 17 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 17 enacted in lieu thereof, to-wit: Section 17. Regular meetings of the City Council of East Point shall be held in the council chamber of the city hall in said city, at 7:30 o'clock p.m. on the first and third Mondays in each month, or at such other time or place within said city as the city council shall fix by ordinance. Council meetings. Section 7. Section 21 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 21 enacted in lieu thereof, to-wit: Section 21. Any regular, special, called, adjourned or recessed session or meeting of the City Council of East

Page 2288

Point, or of any committee thereof, or of any board, agency, commission or authority of said city, or any department thereof, with a quorum present may, by majority vote of the members present, then and there entered on its minutes or record of its proceedings, adjourn, continue or recess such meeting or session to any future hour of the same day, or to any future day and hour, up to but not beyond the next regular or stated meeting or session. Same. Section 8. Section 47 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 47 enacted in lieu thereof, to-wit: Section 47. Any officer or employee of said city may be disciplined by the mayor or city council, or by both, and there shall be no appeal to the personnel board from a decision of the city council; provided, that no one shall be removed, discharged or disciplined except for good and sufficient cause, and if such removed, discharged or disciplined person other than `classified' personnel shall, within five days from his or her removal, discharge or discipline, file a written request for a hearing, the city council shall provide a reasonable opportunity for such officers or employees to be heard on written charges. If such discipline does not include removal from office or discharge from employment or suspension in excess of thirty (30) days such appeal shall be filed with, and shall be heard and determined by the personnel board. Discipline of employees. Section 9. Section 49 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 49 enacted in lieu thereof, to-wit: Section 49. The discipline of `classified' personnel shall be final and conclusive unless a written appeal is filed within five (5) days from the date such discipline begins; provided, no discipline demotion, removal or discharge shall be of force or effect (except as provided in Section 50 of said Act approved March 5, 1957, as amended)

Page 2289

unless in writing, dated and signed by the mayor, or other officer or employee imposing it, a copy of which writing shall be furnished the officer or employee so disciplined on his or her request, but it shall not be necessary to furnish such disciplined officer or employee any notice unless nor until such written request therefor is served in person on the mayor or other officer or employee imposing such discipline or other duly authorized person within five (5) days from the date such disciplining begins. Same, appeals. Section 10. Section 50 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 50 enacted in lieu thereof, to-wit: Section 50. All `Classified' officers and employees of said city shall be subject to removal and discharge without cause, notice or a hearing, during their first six months with said city, and at any time before being appointed or employed to serve `for and during good behavior and efficient service', except as provided for by ordinances of the city council. Section 11. Section 52 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 52 enacted in lieu thereof, to-wit: Section 52. A bona fide effort by the city council to economize shall be sufficient cause for removing or discharging any one from the service of said city who shall have been employed or appointed to serve during good behavior and efficient service; provided, that when positions so vacated are refilled the persons removed therefrom, if still available and able to efficiently perform the duties of such positions, shall, except as provided elsewhere in this charter, be first entitled to be restored to such positions; provided, further, that a reduction in personnel for economy shall begin, except as provided elsewhere in this charter, with the youngest

Page 2290

officers or employees in their respective departments in point of service, retaining the older ones according to seniority in point of service. Seniority of employees. Section 12. Section 95 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 95 enacted in lieu thereof, to-wit: Section 95. The city council shall provide by ordinance for an annual budget which shall consist of a separate itemized statement of all receipts and disbursements for each and every department and agency of said city which the city council reasonably expects for such departments and agencies from the first day of January of the budget year to the 31st day of the following January. In no event shall such disbursements in the budget year, for all departments and agencies exceed the prior year's unexpended balance plus the total anticipated receipts for such budget year as set forth in such annual budget plus the proceeds from the sale of bonds and revenue anticipation certificates authorized during or before such budget year, plus proceeds from sales of city properties not expressly included in the itemized budget statement of any department or agency for such year. Such annual budget shall include, in addition to such itemized statements for the various department and agencies of said city a general account, a contingency fund account, and a separate and distinct bonds and sinking fund account, and a separate and distinct revenue certificate sinking fund account. Said annual budget shall be presented, considered, and finally adopted by the city council at or before the first regular meeting of the city council in February of each year. Annual budget. Section 13. Section 96 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed, and the following section 96 enacted in lieu thereof, to-wit: Section 96. A budget commission for said city is hereby created which shall consist of the mayor, chairman of

Page 2291

finance committee of city council, and the city treasurer. Subject to provisions of this Act and ordinances adopted from time to time said budget commission shall, by written orders, make such adjustments and revisions in the budget from time to time as the necessities of the case require; provided, the total of such adjustments and revisions during the budget year shall not increase total expenditures provided in such budget for such year including proceeds from the sale of bonds and revenue anticipation certificates authorized during or before such budget year and proceeds from sales of city properties not expressly included in any of the itemized budget statements of the various departments and agencies. All orders of the budget commission adjusting or revising the budget shall be reported to the city council and entered on its minutes at its first regular meeting after such adjustments and revisions are made. No such adjustment or revision shall of itself, without the prior consent of the city council, take away, increase or decrease the compensation of any one; nor shall a change by the budget commission clearly in conflict with a provision previously made by ordinance or resolution against such a change, have any force or effect without a resolution of the city council consenting thereto. Budget Commission. Section 14. Section 106 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed, and the following section 106 enacted in lieu thereof, to-wit: Section 106. The city council shall have power and authority to appropriate and cause such amounts as it determines is reasonable and proper in addition to their respective salaries or other rates of compensation to be paid by said city for a uniform or uniforms to each fireman, policeman and school crossing guard at such time or times in each year, and in such amount or amounts as shall be determined by ordinance adopted by the city council. Uniforms for certain employees. Section 15. Section 108 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is

Page 2292

hereby repealed, and the following section 108 enacted in lieu thereof, to-wit: Section 108. Publication in a newspaper of general circulation within the City of East Point of all City of East Point tax and other legal advertisements, notices, and matters required by law or ordinance to be published shall be sufficient. Advertisement of notices. Section 16. Section 109 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed, and the following section 109 enacted in lieu thereof, to-wit: Section 109. When necessary for a special or emergency purpose the city council shall have power and authority to provide by ordinance for the appointment of special, emergency, and/or part time firemen and/or policemen, or other persons, for limited periods of time not exceeding six months at any one time; provided, such special or emergency personnel may not be reappointed or re-employed as special or emergency personnel except by consent of two-thirds, or more of all members of the city council. Such appointees may be discharged and removed from the service at any time without cause or a hearing. Emergency policemen and firemen. Section 17. Section 127 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 127 enacted in lieu thereof, to-wit: Section 127. Each pay day the city shall levy and collect a tax of five (5) per cent of the salary or other compensation of three hundred ($300.00) dollars per month, or less, of each and every officer and employee of said city subject to the retirement provisions of this Act, which tax shall be deducted from the compensation of such officers and employees and paid over to the retirement board of trustees. Said city shall appropriate and pay from the city treasury monthly to such retirement board a sum of money equal to the aggregate

Page 2293

amount of said tax levied each month, and in addition thereto, shall appropriate and pay into such retirement fund such amount as may be necessary to match any amounts paid into such system by an officer or employee of said city to qualify for benefits and comply with the provisions of this Act as amended, and shall underwrite such deficit in the retirement fund as due payment of benefits herein provided may at any time require. Employees' retirement. Section 18. Section 128 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed, and the following section 128 enacted in lieu thereof, to-wit: Section 128. The general administration and responsibility for proper operation of said system and for making said system effective, shall be vested in a retirement board of five (5) trustees consisting of the mayor of said city, a city councilman, the city clerk, and one other member of the retirement system (officers and employees subject to the retirement provisions of this Act) chosen by majority vote of the members of said retirement system assembled for such purpose in the city council chamber at 2:00 o'clock p.m. on the first Wednesday in February of each year, and the fifth member of said board shall be a citizen of said city with no other official connection with or relationship to the city government of said city or such retirement system, and shall be appointed by the other four members. The councilman member shall be chosen by the city council. The member chosen by other members of the retirement system shall be chosen at a meeting presided over by the city clerk who shall certify to the retirement board of trustees the name of the member so chosen by other members of said system, and shall certify to the city council the name of the member chosen from the public by the other four, as well as the name of the member chosen by the retirement system members, which certificates shall be entered on the minutes of the city council and on the minutes of said retirement board of trustees. Said city clerk shall likewise certify to the retirement board the name of the councilman appointed by the city council. The

Page 2294

term of office of the members chosen by other members of said retirement system, and of the member chosen by the other four members shall each be two (2) years, and until their respective successors shall have been chosen and qualified. The term of office of the member appointed by the city council shall be one (1) year and until his successor is appoined and qualified. The term of office of the mayor member shall expire with the mayor's term and the term of the city clerk shall be concurrent with his term as city clerk. Same. Section 19. Section 129 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 129 enacted in lieu thereof, to-wit: Section 129. The incumbent members of the retirement board of trustees now in office administering the retirement system heretofore established shall continue in office to the end of their respective terms and said retirement plan heretofore established shall continue as heretofore except as hereby amended and as the same may be later amended, and said board shall at once establish the service record of all officers and employees of said city subject to the retirement provisions of this Act, whose service record has not already been established, and shall designate a person to keep and maintain such records, together with records of all monies received, invested and disbursed. Said retirement board shall fix the salary of such designated person, if a salary is paid, and the same shall be paid out of the retirement fund upon proper check in like manner as other payments from such fund. Same. Section 20. Section 130 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 130 enacted in lieu thereof, to-wit: Section 130. If a vacancy occurs in the office of a retirement board trustee appointed or chosen as provided for by section 128 of this Act as amended, it shall be

Page 2295

filled for the unexpired term within thirty (30) days, or as soon as is possible, in the same manner as if the term had expired; provided, however, that in the meantime actions of the remaining members of the board (a quorum being present) shall be valid and binding in all business matters which they properly transact as a board. Same. Section 21. Section 131 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 131 enacted in lieu thereof, to-wit: Section 131. The members of said retirement board other than mayor and city clerk shall, before assuming office, take and subscribe an oath of office, which shall be filed of record with said board and entered on its minutes, and a copy of the same shall be filed with the city council of said city, and the city clerk shall enter such oath on the minutes of the city council. The oath of office shall state in substance, `That as far as it devolves upon me as a member of the retirement board of trustees of the City of East Point, I will diligently and honestly administer the retimement system and discharge the duties of a member of said board, and will not knowingly or willfully violate or permit any provisions of the law applicable to the retirement system to be violated.' The oath may be taken and subscribed before any officer authorized by law to administer an oath. Members of said retirement board shall serve without compensation. Same. Section 22. Section 133 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 133 enacted in lieu thereof, to-wit: Section 133. Said retirement board shall establish reasonable rules and regulations for the purpose of administering the provisions of this Act, and shall invest funds on hand in excess of an amount sufficient for the purposes of the retirement, health, and accident provision of this Act. Same.

Page 2296

Section 23. Section 134 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 134 enacted in lieu thereof, to-wit: Section 134. Any employee or other person claiming to be entitled to benefits under the terms of this Act as amended who shall be 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. Section 24. Paragraph (a) of section 136 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following paragraph (a) enacted in lieu thereof, to-wit: (a) Except as hereinafter provided, to be eligible for retirement one shall have attained the age of 65 years and shall have paid the required percentage of his or her salary or compensation into the retirement fund for a minimum of ten years, or shall have been in the service of said city an aggregate of twenty-five years and attained the age of fifty years; provided, the sum required to be paid by persons not heretofore subject to the provisions of the retirement system shall be five per cent of their respective salaries or other compensation of two hundred ($200.00) dollars or less per month for the time such persons have been in the employ of said city since the 31st day of January, 1946, plus five (5) per cent per month of their present salaries or other compensation of three hundred ($300.00) dollars or less per month for two years next after approval of this Act. Same, amount of retirement pay. Section 25. Paragraph (b) of section 136 of an Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following paragraph (b) enacted in lieu thereof, to-wit: (b) No person in the employ of said city on the 31st

Page 2297

day of January, 1946, shall be compelled to retire until said person has reached the age of sixty-five (65) years, unless the health or physical or mental condition of such person is such that such person cannot regularly render efficient service. Same, age of retirement. Section 26. Paragraph (c) of section 136 of an Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following paragraph (c) enacted in lieu thereof, to-wit: (c) A member may be permitted to work beyond his or her 65th birthday upon submission of a satisfactory certificate of good health approved by the Retirement Board and by the City Council of East Point. 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 as amended. Same. Section 27. Paragraph (d) of section 136 of an Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following paragraph (d) enacted in lieu thereof, to-wit: (d) Any female member of said retirement system who was a member of said retirement system prior to this 1959 amendment, if otherwise entitled to retire on full maximum retirement benefits, may retire on such full maximum retirement benefits after completion of an aggregate of twenty-five (25) years' service to said city, without regard to her age, but eligibility requirements for all females hereafter becoming members of said retirement system shall be the same as applied in case of male members. Same, female employees. Section 28. Section 137 of an Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 137 enacted in lieu thereof, to-wit:

Page 2298

Section 137. Retirement Benefits. (a) Each member of the retirement system retiring after completing twenty-five years of service with said city shall receive on the last day of each month from said retirement fund for the remainder of his or her life a base monthly benefit equal to one-half of his or her average monthly salary or other compensation of $300.00 or less paid by said city for services rendered during the twelve months next preceding the date of such retirement; and also a bonus benefit of $5.00 monthly for each year such members shall have served said city in excess of twenty-five years on the date of retirement; but such bonus benefit shall not apply to more than five (5) years, so that the maximum monthly benefits in any case shall not exceed $175.00 for a member retiring after 30 years' service. The monthly benefit members retiring before completing an aggregate of twenty-five (25) years' service shall receive shall be a sum for each year he or she has worked for said city equal to one twenty-fifth of the amount such member would have been entitled to receive monthly upon completion of an aggregate of twenty-five (25) years of service to said city. Said benefits shall be paid from the retirement fund herein provided for on the last day of each calendar month. (b) If the surviving wife of a member of the retirement system was his wife prior to his retirement or prior to the time such member became eligible for retirement, or if such surviving wife became the wife of such member at least five years before his death and continued living with him up to his death, then and in either of such events, such surviving wife shall, upon the death of such member after retiring or becoming eligible for retirement, be paid a monthly benefit equal to one-half of the base monthly benefit such deceased member was receiving at the time of his death, or for which such deceased member was eligible at the time of his death, which such surviving spouse shall receive as long as she lives or until she remarries. No surviving widow of a deceased member of the retirement system shall receive a benefit from the retirement system because of such marriage relationship unless her deceased husband shall

Page 2299

have been a member contributing to such retirement system for at least ten (10) years next preceding the date of his death; provided, that no surviving widow of a deceased member of the retirement system shall receive any benefit from said system in excess of the amounts contributed to such retirement system by such deceased member by reason of her marriage to such member after his retirement unless such marriage occurs at least five years prior to his death, and she was living with him in good faith at and prior to the time of his death. (c) If a member of said system otherwise entitled to benefits from said system shall become permanently disabled as a result of an accident or disease after an aggregate of ten (10) years' service to said city such member shall during such disability, be paid a monthly disability benefit equal to one twenty-fifth of the amount he or she would have been entitled to receive on retirement on completion of twenty-five years' service to said city, and such disability benefit shall be a monthly sum for each year he or she has worked for said city. Such monthly benefits, however, shall not exceed the maximum amount fixed in paragraph (a) of this section at retirement age. If a member of the retirement system dies before retiring or becoming eligible to retire leaving a surviving wife she shall, commencing on the date her deceased husband (had he not died) would have become eligible for retirement, be paid a monthly benefit equal to one-half of the base monthly benefit he would have received had he lived to retirement age if such deceased member has been a member of the retirement system and paid the required tax into said system for five (5) years or more before his death. (d) When an unmarried member of the retirement system dies before retiring without having received benefits equal to the amount he or she has contributed to said retirement fund, less five per centum thereof, such amount less any benefits already paid plus such five per centum shall be paid to his heirs at law, or to such person, firm or corporation as may have been designated

Page 2300

in writing by such employee before his or her death, or by such retirement board after his or her death in case such employee failed or refused to make such designation before his death. (e) When an unmarried member of the retirement system dies after retiring without having received in benefits a sum equal to the amount he or she has paid into the retirement fund the difference between such amount and the amount of all benefits received by such member shall be paid in regular monthly installments or in a lump sum, at the discretion of the board, to the heirs at law of said deceased member or to any person, firm or corporation designated by such member in writing before his or her death, or to such person as may be designated after his or her death by said retirement board, or to his personal representative. Section 29. Section 138 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 138 enacted in lieu thereof, to-wit: Section 138. When an unmarried member of said retirement system shall die before retirement without having designated anyone to receive a refund or benefits, such benefits or refund shall be paid to such person, firm or corporation as the retirement board of trustees shall designate in writing to receive such benefit or refund for the use and benefit of the person or persons legally or equitably entitled thereto by reason of relationship or payment of funeral or last illness expenses of such deceased member of said retirement system, whereupon said board shall be discharged and relieved from all further obligations to the heirs, executors, administrators, successors or assigns of said deceased. Same. Section 30. Section 139 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 139 enacted in lieu thereof, to-wit:

Page 2301

Section 139. Members of the retirement system in the Armed Forces of the United States on leave from their duties with said city by reason of such military service shall, on their prompt return to their duties with said city upon their discharge from such military service, pay into said retirement fund an amount equal to five (5) per cent of the monthly salary, or other compensation, of $300.00 per month, or less, at which they return to work upon an amount equal to the sum they would have so received for service to said city if they had not been called into military service, and said city shall pay an equal amount into said retirement fund, so that the status of such returning member shall be the same as if there had been no such military leave. Such returning members shall be allowed to catch up their contributions to said retirement system under and in accordance with such reasonable rules and regulations as may be adopted by said retirement board, and it shall be the duty of said city to deduct such amounts from the salary of such returning members and pay over to said retirement board from time to time as may be provided for by rule, order or regulation of said retirement board in order to catch up the amounts due such retirement fund by such returning member. Same. Section 31. Section 140 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 140 enacted in lieu thereof, to-wit: Section 140. Any member of the retirement system who shall leave the service of the city for any reason other than retirement shall be refunded all monies he or she paid into the retirement fund, less five (5) per cent thereof, which five (5) per cent shall remain in said fund; provided, however, that if any such person subsequently returns to the employment of said city such person shall not receive credit for the time he or she was not in the service of said city, nor for services rendered prior to such withdrawal, unless and until he or she shall have repaid such sum as he or she withdrew plus five (5) per cent thereof into said retirement fund. Same, employees leaving employment of city.

Page 2302

Section 32. Section 141 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 141 enacted in lieu thereof, to-wit: Section 141. All regular full time officers and employees of said city under 45 years of age, including library employees and other professional personnel, firemen, policemen, clerks, mechanics, and persons of skill, shall be subject to the provisions of this Act, but the retirement system shall not include the mayor, councilmen, recorder, city attorney, assistant city attorney, city physician, personnel director, members of the various boards, commissions, authorities or agencies, which members of such boards, commissions, authorities and agencies devote only a part of their time to the duties of such boards, commissions, authorities and agencies, nor shall such retirement system include occasional employees, nor temporary help, nor part time employees, nor officers whose chief occupation or business is other than serving said city. Same, employees covered by retirement program. Section 33. Section 142 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 142 enacted in lieu thereof, to-wit: Section 142. Notwithstanding any other provisions of this Act, no one appointed or employed by said city on or after approval by the Governor of this 1959 amendment shall be subject to the provisions of this Act relating to retirement if he or she is over 45 years of age on the date of his or her appointment or employment by said city. Same, employees not covered. Section 34. Section 143 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 143 enacted in lieu thereof, to-wit: Section 143. Except as provided by section 134 of this Act as amended none of said retirement benefits

Page 2303

shall ever be subject to legal process, garnishment or assignment for any purpose except to pay group insurance premiums on group insurance carried by said city for the benefit of its officers and employees. Same, garnishment, etc. Section 35. Section 155 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 155 enacted in lieu thereof, to-wit: Section 155. For the purpose of raising revenues for the support and maintenance of said city and to pay the principal and interest of the bonded indebtedness of said city as the same becomes due and payable the city council shall have full power and authority to levy, assess and collect for the operation, maintenance, support, and expenses of the government of said municipality and its various functions as well as the various departments, agencies, officers, and employees thereof an ad valorem tax on all property, real, personal and mixed, including money, notes, stocks, bonds and other evidences of debt, money used in banking and every other species of property in said city, or owned or held therein, which may be lawfully taxed by said city, which tax shall not exceed fifteen mills on each dollar of taxable value, and an ad valorem tax sufficient to provide a sinking fund sufficient for the purpose of paying the principal and interest on the bonded indebtedness of said city as required by law. The tax authorized for general purposes, and the bond interest and sinking fund tax, shall be levied by separate ordinances, and each such ordinance shall specify for which purpose, (whether for general, support of the city and its various functions, or for bond interest and sinking fund) the tax is levied. Taxation. Section 36. Section 170 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 170 enacted in lieu thereof, to-wit: Section 170. Provision shall be made by ordinance for all sidewalk, street, and street curbing construction,

Page 2304

maintenance, and repairs if the cost of any part thereof shall be assessed against the abutting lots of real estate and the owners thereof. Upon introduction of such ordinance the same shall be read, and if agreed to by a majority of the members of the city council present at such meeting, such ordinance shall be adopted and referred to a committee of the city council which shall consider the same and report thereon with its recommendation at a later regular meeting of the city council. Notice that such ordinance has been introduced shall be published by the city clerk one time in the official newspaper of said city at least eight (8) days before final consideration and adoption of such ordinance. Such published notice shall include a general description of the improvement, its location, and its estimated cost, and shall state that the actual cost, or such part thereof (if less than whole) as such ordinance provides shall be assessed against the abutting lots of real estate and the owners thereof, and the time and place at which such ordinance will come up for final consideration and adoption, and that any one objecting thereto may appear at such time and place and object. 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 or to receive such additional notice shall not invalidate such ordinance, nor the assessment of the costs of the improvement, nor the lien therefor against such abutting lots of real estate. Such ordinance shall not be finally adopted and considered until the expiration of eight (8) days after publication of such notice required by this section, but after the expiration of said eight (8) days such ordinance may be taken up and adopted at any regular meeting of the city council without further notice. When such improvement shall have been made an ordinance assessing and apportioning the costs of such improvement pro rata on a per lineal foot frontage basis shall be introduced and adopted in like manner and after like notice as the ordinance providing for the improvement to be made. Improvement of streets, etc. Section 37. Section 171 of said Act approved March 5, 1957 (Ga. L. 1957, p. 2429, et seq.), as amended, is

Page 2305

hereby repealed and the following section 171 enacted in lieu thereof, to-wit: Section 171. No street shall be paved nor sidewalk or street curbing constructed, nor sewer laid upon, through or next to any public property or real estate belonging to any county, city or other public body unless nor until an agreement in writing providing for the costs thereof and apportioning such costs shall have been consummated whereby such county, city or other public body shall have assumed and become legally bound to pay for such improvement; provided such an agreement may not be necessary in cases where the estimated costs to such county, city or other public body shall have been deposited with the City of East Point in advance. Same, abutting public property. Section 38. Section 172 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 172 enacted in lieu thereof, to-wit: Section 172. Costs assessed against abutting lots of real estate and the owners thereof for sidewalks, streets, and/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, including labor, materials, for constructing drives, driveways, walkways, retaining walls and all other labor and materials, costs and expenses of such improvement, and shall include removal and reconstruction, repaving and replacing of such streets, sidewalks and street curbing, and extending, relocating and regrading for any of these to the private property line of the property assessed and shall include any extra expense for which said city shall be liable for taking or damaging private property for public purposes. Expense of maintenance or repairs of public streets shall not be assessed against abutting real estate except as provided by this charter, but costs of maintenance and repairs of sidewalks, curbing, and service sewers shall all be so assessed. Same.

Page 2306

Section 39. Section 173 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 173 enacted in lieu thereof, to-wit: Section 173. To secure the costs of streets, sidewalks and/or street curbing assessed against abutting lots of real estate and the owners thereof, and costs of repairing any of these, said city shall have a lien against such abutting lots of real estate from the date of final adoption of the ordinance providing for the work and assessing the cost, which lien shall be prior and superior to all other liens except liens for taxes, and said city shall have the right, power, and authority to sell and transfer all such liens and assessments at their full value plus accrued interest, and the purchasers or transferees of such liens and assessments shall be protected by the same lien and to the same extent and in the same manner as said city was protected prior to such sale or transfer of such liens. Nothing in this section shall deprive any abutting lot owner of the right to pay his or her pro rata share of the cost of such improvement in cash at or before completion of the work. Same, assessments. Section 40. Section 174 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 174 enacted in lieu thereof, to-wit: Section 174. When any street, sidewalk, street curbing, or other improvement shall be constructed, reconstructed, repaired or replaced pursuant to an ordinance providing for the same and for assessment of the cost thereof or any part of such cost against the abutting lots of real estate, the abutting lot owner shall be allowed to pay such costs, except in case of repairs, as follows: one-fourth cash, and the balance on completion of the work, and one-fourth in each of the next three years, with interest on each deferred installment at the rate of 7% per annum from the date of adoption of the final assessing ordinance; provided, the city council may provide in the ordinance providing for the improvements or

Page 2307

in the ordinance finally assessing such costs, for said costs to be paid one-fourth cash and the balance in any number of equal annual installments during the four years next after completion of such repairs, the first installment maturing within one year and the second within two years and the third within three years. Some, collection of assessments. Section 41. Section 175 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 175 enacted in lieu thereof, to-wit: Section 175. If the owners of more than fifty per cent of the abutting street frontage one side of a street request the city to construct a sidewalk on that side of such street said city shall proceed to construct a sidewalk on such side of such street, and shall assess the costs thereof against the abutting lots of real estate on that side of such street and the owners thereof. Sidewalks may be constructed on either or both sides of a street without the consent of any abutting lot owners' when the city council deems it necessary or desirable, and the costs of such sidewalk or sidewalks shall be assessed against the abutting lots of real estate and the owners thereof, but the costs of a sidewalk on one side of a street shall not be assessed against the abutting lots of real estate on the other side of such street. Sidewalks. Section 42. Section 177 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 177 enacted in lieu thereof, to-wit: Section 177. The costs, or such part thereof as shall be just and equitable, of all sanitary sewers, if such sewers are not what is generally known and referred to as trunk sewers, shall be assessed against the abutting lots of real estate on each side thereof and the owners of such real estate, provided that cost of a sanitary sewer laid and constructed solely for the sole use or benefit of a person or persons other than the owner or owners of real estate abutting thereon shall be assessed

Page 2308

against the real estate and owners thereof for the sole benefit of which such sewer is constructed; provided, further, that if such sewer is not constructed solely for the sole use and benefit of a person or persons other than the owner or owners of real estate abutting thereon and can or may be of use or benefit to others besides the general public, the cost of such sewer construction shall be equitably and justly prorated and distributed and assessed against the abutting lots of real estate which can or may be benefited thereby on each side of such sewer, and the owners thereof and against the real estate to serve or benefit which such sewer is primarily constructed, and the owners thereof, and in such proportion as the city council shall find and determine to be just and fair. Sewers. Section 43. Section 180 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429 et seq.), as amended, is hereby repealed and the following section 180 enacted in lieu thereof, to-wit: Section 180. In nuisance abatement proceedings by said city in the recorder's court of said city, where the nuisance consists of a condition or conditions of property of an individual residing without the limits of said city, or of a corporation having its office without the limits of said city, notice shall be served upon such owner of his agent within Fulton County, if either can be found within the county, but if such owner cannot be served in such manner, a warrant for the arrest of such individual owner shall issue against such owner and be executed by any sheriff, deputy sheriff, constable, marshal, policeman or coroner of any city, town or county in this state, and the City Recorder of East Point shall cause such nuisance to be abated at the expense of such owner, and an execution for such expense shall be issued by the city clerk, which execution shall be levied on any real or personal property of the accused which may be located within the said City of East Point, or wherever it may be found, and such expense and execution shall constitute a lien against all property of such accused owner which lien shall be prior

Page 2309

and superior to all other liens except liens for taxes. Property levied upon under such action shall be advertised and sold as property is sold for taxes in said city unless such levy be arrested by affidavit of illegality or other appropriate proceedings, and all further proceedings in relation to such execution shall be the same as in case of executions of said city for street paving costs and similar assessments. Nuisance abatement. Section 44. Section 189 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 189 enacted in lieu thereof, to-wit: Section 189. Every ordinance shall be read at two different regular meetings of the city council unless such reading be waived by unanimous consent of the members present at a meeting duly convened at which a quorum is present; provided, the second reading of an ordinance providing for street construction or paving, street curbing, sewer, sidewalk, or for reconstruction, replacement, or repair of any such improvements, shall not be waived until after the expiration of eight days from publication of a notice by the city clerk that such ordinance has been introduced and will come up for final consideration and adoption at the next regular meeting of the city council after the expiration of such eight days, if such ordinance provides that the expense of such improvement, or any part of such expense, shall be assessed against an abutting lot of real estate and the owner thereof, or if such ordinance assessed or provides for assessment of the expense of such improvement or any part of such expense to be assessed against the abutting lots of real estate and the owners thereof, (or if such ordinance provides for the costs to be assessed against any one other than the owner or owners of abutting real estate when the improvement is a sanitary sewer constructed solely for the benefit of a person or persons other than the owner or owners of real estate abutting thereon). No final assessing ordinance assessing the cost or any part thereof against abutting lots of real estate, (or the real estate of a person or persons

Page 2310

for the sale benefit of whom such improvement is made in case of sewers laid for the sole benefit of a person or persons other than the abutting real estate owner or owners) shall be finally adopted until after the expiration of eight days from publication of notice that such final assessing ordinance has been introduced and will come up for final consideration and adoption at the next regular meeting of the city council after the expiration of eight days from the date of publication of such notice. Ordinances. Section 45. Section 192 of said Act approved March 5, 1957, (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 192 enacted in lieu thereof, to-wit: Section 192. All `unclassified' appointed officers and employees who shall hereafter become appointed or employed, whose term of office or employment has not been fixed or limited by law or by ordinance of said city, or by express terms of an employment contract shall be appointed or employed to serve only at the will of the governing authority of said city, and may be discharged or removed with or without cause at any time. Unclassified employees. Section 46. Paragraph (13) of section 193 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following paragraph (13) enacted in lieu thereof, to-wit: (13) Assess the cost of sewers against abutting lots of real estate and the owners thereof on each side of a street in which such sewer is laid or constructed, and the owners of such abutting real estate shall have the right to have the drains from their abutting lots connected with such sewer at their cost under such rules and regulations as the city council may prescribe by ordinance. Sewers. Section 47. Paragraph (29) of section 193 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429,

Page 2311

et seq.), as amended, is hereby repealed and the following paragraph (29) enacted in lieu thereof, to-wit: (29) Condemn or cause wornout sewers, street pavement, street curbing, or sidewalks within said city to be condemned, reconstructed, replaced or repaired, as the case may require, at the expense of owners of lots of real estate abutting thereon (or against the real estate and owner or owners thereof for whose sole benefit such improvement exists in case of sewers laid solely for the benefit of persons other than owners of real estate abutting thereof), and assess the cost thereof (or such part of such costs in case of street paving) as the city council shall deem just and proper, against such abutting lots of real estate and the owners thereof (or other real estate and the owners thereof for the sole benefit of which such sewer exists in case of sewers constructed solely for the benefit of a person or persons other than abutting lot owners), as in the case of original construction of the same kind of improvements. Replacement of sewers, sidewalks, etc. Section 48. Section 196 of said Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et seq.), as amended, is hereby repealed and the following section 196 enacted in lieu thereof, to-wit: Section 196. The city council of East Point shall have power and authority to divide said city into wards by clearly defined dividing lines; and, until so changed or divided by the city council, it shall have four wards, the first consisting of that area lying west of U. S. Highway 29 and north of a line which begins at the intersection of Main Street and the center line of West Cleveland Avenue and extends thence west along the center line of said 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 of Fulton County; thence westerly along the south line of land lots 197 and 220 of said district to the west line of said land lot 220 of said 14th

Page 2312

district of said county; the second ward consisting of all of that part of said city lying west of said U. S. Highway 29 and south of said first ward; and the third ward consisting of all that part of said city lying east of the west line of said U. S. Highway 29 and north of a line beginning at the intersection of the south line of land lot 157 with the west line of South Main Street, and running thence east along the south line of said land lot 157 to the southeast corner of said land lot; thence running north along the east line of said land lot to the center line of Holcombe Avenue; thence running east along the center line of said Holcombe Avenue to the center of Bayard Street; thence running south along the center line of Bayard Street to the south line of land lot 132; thence running east along the south line of land lots 132, 125, and 100 to a point two hundred (200) feet east of the southeast corner of land lot 125; and the fourth ward consisting 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 as above described. Wards. Section 49. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that: The governing authority of the City of East Point shall have the power and authority to construct, maintain and operate off-street parking facilities, and to acquire land and other necessary property for such purposes and to charge, contract for and receive rentals and parking fees for the use of such facilities and parking spaces therein. Off street parking. Section 50. Be it further enacted by the authority aforesaid, that the governing authority of the City of East Point be and it hereby is authorized and empowered to: Appropriate and expend or cause public funds of said city raised by taxation or otherwise to be appropriated and expended in such amounts as said governing

Page 2313

authority may determine is prudent and advisable in advertising and public relations for the purpose of causing commerce and industry to locate and remain in said city. Industry. Section 51. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and they 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 17, 24th days of Nov., 1958 1, 8, 15, 22 days of December, 1958, and on the 5th days of January, 1959 as provided by law. Frank Kempton 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, 1959, 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.

Page 2314

This 17th day of November, 1958. City of East Point By Ezra A. Phillips, City Attorney 1301 Fulton Natl. Bank Bldg. Atlanta 3, Georgia Subscribed and sworn to before me this 9th day of January, 1959. Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959. (Seal). Approved March 9, 1959. DOUGHERTY COUNTY BOARD OF EDUCATIONQUALIFICATIONS OF MEMBERS, ORGANIZATION. No. 124 (House Bill No. 156). An Act to amend an Act of the General Assembly of Georgia approved February 5, 1951, providing for the merger of the school systems of the City of Albany and the County of Dougherty (Ga. L., 1951, pp. 2233 et. seq.), so as to provide for the eligibility of persons for appointment as a member of the Dougherty County Board of Education; and to provide the time when members of the Dougherty County Board of Education appointed for a full term and for an unexpired term shall take office; and to provide for the time of electing a secretary and treasurer; and to provide for the effective date of said Act; and for other purposes; and to repeal all laws and parts of laws in conflict therewith. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the Authority of the same:

Page 2315

Section 1. That the first paragraph of section five (5) of the Act of the General Assembly of Georgia, approved February 5, 1951, providing for the merger of the school systems of the City of Albany, County of Dougherty (Ga. L., 1951, pp. 2233 et. seq.), be amended by striking therefrom the following, No person who has served six (6) consecutive years as a board member shall be eligible for appointment as a member of the board until after the expiration of one (1) year from the conclusion of his term of office., and substituting in lieu thereof the following, No person shall be eligible for appointment as a member of the board whose term of appointment would cause such person to serve more than twelve (12) consecutive years as a member of the board, and such person thus becoming ineligible shall not be again appointed unless the term to which such person is appointed shall begin not less than one (1) year from the end of the previous term served by such person.; and by adding to the end of said first paragraph of said section five (5) the following: All members appointed for a full term shall take office at the organizational meeting provided for in section six (6). All members appointed for an unexpired term shall take office immediately upon their appointment.; so that said first paragraph of said section five (5) shall read as follows: Section 5. That the administration of said school system shall be vested in a board to be known as the `Dougherty County Board of Education'. The board of education shall consist of seven (7) members, men or women, or some of both, who at the time of their appointments shall be at least twenty-five (25) years of age and have been bona fide residents of Dougherty County for at least four (4) years. No person shall be eligible for appointment as a member of the board whose term of appointment would cause such person to serve more than (12) consecutive years as a member of the board, and such person thus becoming ineligible shall not be again appointed unless the term to which such person is appointed shall begin not less than one (1) year from the end of the previous term served by such person. Members of the board shall be persons of good moral character, who shall have a

Page 2316

fair knowledge of the elementary branches of an English education and be favorable to the common school system. Two (2) members shall be appointed by the Board of City Commissioners of the City of Albany; two (2) members shall be appointed by the Board of County Commissioners of Dougherty County; two (2) members shall be appointed by the grand jury of Dougherty County, and the six (6) members appointed as aforesaid shall elect a seventh member by a majority vote. The first appointments by the grand jury shall be for one (1) year. The first appointments by the county commissioners shall be for two (2) years. The first appointments by the Board of City Commissioners of the City of Albany shall be for three (3) years. The person elected by the members appointed as aforesaid shall be for a term of three (3) years. Thereafter all succeeding appointments shall be for three (3) years from the expiration of the previous term. All members of the board of education shall hold office until their successors are elected and qualified. In case of a vacancy on said board of education by death, resignation, or from any cause other than the expiration of such member's term of office, the board of education shall by secret ballot elect his successor for the unexpired term. All members appointed for a full term shall take office at the organizational meeting provided for in section six (6). All members appointed for an unexpired term shall take office immediately upon their appointment. Qualifications of members. Section 2. That the first paragraph of section six (6) of the Act of the General Assembly of Georgia, approved February 5, 1951, providing for the merger of the school systems of the City of Albany, County of Dougherty (Ga. L., 1951, pp. 2233 et. seq.), be amended by striking therefrom the following in the eleventh (11th) line thereof; in January, so that said first paragraph of said section six (6) as amended shall read as follows: Section 6. The board of education shall organize at the last regular meeting of the fiscal year. At the organization meeting, the board of education shall select from its membership a president and a vice-president,

Page 2317

the president to preside at all meetings, and the vice-president to preside in the absence of the president. The president, or vice-president, shall have such duties as set forth hereinafter, as well as such duties as may be delegated to him by said board, and which are not in conflict with the provisions of this Act. At the organizational meeting the board shall select a secretary and a treasurer, who shall receive such compensation as the board deems proper. The offices of secretary and treasurer may be performed respectively by one and the same person, and may be a person or persons other than a member of said board. Organization of Board. Section 3. This Act shall become effective January 1, 1960. Effective date. Section 4. That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Section 5. There is hereto attached and made a part hereof a copy of the notice and intention to apply for this enactment, with the affidavit of the author showing that said notice was published as required by law. Notice is hereby given of intention of the undersigned to introduce a Local Bill in the General Assembly of Georgia which will convene in January, 1959, as follows: An Act to amend an Act of the General Assembly of Georgia approved February 5, 1951, providing for the merger of the school systems of the City of Albany and the County of Dougherty (Ga. L., 1951, pp. 2233 et. seq.), so as to provide for the eligibility of persons for appointment as a member of the Dougherty County Board of Education; and to provide the time when members of the Dougherty County Board of Education appointed for a full term and for an unexpired term shall take office; and to provide for the time of electing a secretary and treasurer; and to provide for the effective date of said act; and for other purposes; and to

Page 2318

repeal all laws and parts of laws in conflict therewith. /s/ George D. Busbee, /s/ Colquitt H. Odom, Representatives of Dougherty County. January 9, 16, 23, 1959. Georgia, Dougherty County. Personally appeared before the undersigned, an officer duly authorized to administer oaths, George D. Busbee and Colquitt H. Odom, who on oath depose and say that the above and foregoing notice was published in the Albany Herald, the newspaper published in the City of Albany, Georgia, in which the sheriff's advertisements for Dougherty County are published, once a week for three weeks on January 9, 16, and 23, 1959. /s/ George D. Busbee, /s/ Colquitt H. Odom, Representatives of Dougherty County. Sworn to and subscribed to before me this 26th day of January, 1959. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal) Approved March 9, 1959.

Page 2319

DOUGHERTY COUNTYCLERK TO BOARD OF COMMISSIONERS, ELECTION OF COMMISSIONERS, PUBLIC WORKS. No. 125 (House Bill No. 158). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Dougherty, State of Georgia; to provide for the number of commissioners which shall constitute said board; to provide for the election of the members of the said Board of Commissioners of Roads and Revenues of Dougherty County by the qualified voters of said county; to provide for the qualifications and term of office of the members of said board; to prescribe their duties, powers, and compensation; to provide for the appointment of a clerk and an attorney for said board; to provide when this Act shall become effective; to provide for a referendum hereon; to repeal all laws relating to the present Board of Roads and Revenues of Dougherty County and all other laws in conflict with this Act; and for other purposes, approved March 4, 1941, (Ga. L. 1941, p. 834), so as to provide for the appointment of a clerk and assistant clerk and define their duties and provide for their compensation; to provide for a purchasing agent, to define his duties; to provide for competitive bidding on contracts for public work and to provide for competitive bidding on certain sales and purchases by the county; to provide for the filing and publishing of certain statements; to provide a penalty for the violation of this Act; to provide the manner of election of members of said Board of Commissioners of Roads and Revenues of Dougherty County; to repeal all laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same. Section 1. Section 6 of said Act of the General Assembly of 1941 is hereby stricken in its entirety and the following inserted in lieu thereof:

Page 2320

Section 6. The Board of Commissioners shall elect a clerk of the board of commissioners, and he shall attend all sessions of the board and shall keep a record of the actings and doings of said board in a well-bound book to be provided at the expense of the county, and shall receive such compensation as shall be fixed by said board, and shall hold office at the pleasure of the commissioners electing him. Said clerk shall keep a book of inventory of all property, including road machinery, livestock, chaingang outfits, roadwork tools, and every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody and in what condition, which inventory shall be carefully revised each year, and said clerk shall keep such other books and records as may be necessary or as the board may direct, and shall perform generally all and singular the acts and duties necessary to be performed as said board of commissioners may require. Said board may discharge said clerk at any time, with or without cause, and elect a successor. Clerk. Said board in its discretion may elect an assistant clerk, who shall perform such duties as required of the clerk as might be directed by said board. Said assistant clerk shall receive such compensation as shall be fixed by said board. Said board may discharge said assistant clerk at any time, with or without cause, and elect a successor. Assistant clerk. Section 2. Section 12 of said Act of the General Assembly of 1941 is hereby repealed in its entirety and the following inserted in lieu thereof: Section 12. Be it further enacted by the authority aforesaid, that no contract for public work, amounting to one thousand dollars or more, shall be let except to the lowest and best bidder. If the contract for public works amounts to one thousand dollars or more, opportunity for competitive bidding shall be given after reasonable advertisement for at least five days prior to the date set for receiving such bids. The clerk of the board shall be purchasing agent for the board; provided, that all purchases made by him requiring the expenditure

Page 2321

of money in the amount of five hundred dollars or more shall be approved by the board of commissioners. In the capacity of purchasing agent the clerk shall conduct all sales of personal property which the board may authorize to be sold, and which may have become unnecessary or unfit for the county's use; provided, that if sales or purchases in excess of five hundred dollars be involved, opportunity for competitive bids shall be given after reasonable advertisement thereof. Public works, sale of property, etc. The assistant clerk may act in place of the clerk as purchasing agent at such times as directed by said board. The clerk of said board is required under this Act to prepare and file annually, in the office of the clerk of the superior court of said county, an itemized statement of expenditures of said county, approved by said board during the preceding year, showing the amount paid out, to whom paid, and for what purpose, also the income for said period, so that the general public may be fully informed, at all times, as to the income and expenditures of the county. Said statements shall remain on file in said office and shall be subject to public inspection as are other public records of said county. Said statement shall be filed in said clerk's office each year within a period of ninety days after the end of each fiscal year, and said board shall cause a copy of said statement to be published in the newspaper in which sheriff's advertisements are published in said county within a period of fifteen days from the date the statement is filed in the office of the clerk of superior court of said county. Annual statements. Any wilful violation of this section by the clerk, or assistant clerk, or by any of said commissioners, shall constitute a misdemeanor under the penal laws of this State. Section 3. Section 14 of said Act of the General Assembly of 1941 is hereby stricken in its entirety and the following inserted in lieu thereof: Section 14. The Commissioners of Roads and Revenues

Page 2322

of Dougherty County shall be elected at the general election at which members of the Legislature are elected in the year that their respective terms of office expire. The candidate receiving a majority of votes cast at such election shall be declared to be elected and the Governor shall thereupon issue a commission to such commissioner-elect for the term of office provided in this Act. The offices now held by the present commissioners, are hereby given post numbers as follows: the post now held by Dr. C. R. Hodges is hereby designated as post no. 1; the office now held by Gil Barrett is hereby designated as post no. 2; and the office now held by C. M. Pippin is hereby designated as post no. 3. In all elections, including primary and general elections, each candidate for election to the office of Board of Commissioners of Roads and Revenues of Dougherty County must designate for which post he or she is offering. A candidate must receive a majority of the votes cast in such primary or general election for said post in order to be nominated or elected. If no candidate shall receive a majority in such primary or general election, a new election shall be held to determine which of the two candidates receiving the highest vote shall be declared elected or nominated to the office. If such run-over election shall be for the general election, the same shall be called by the ordinary in the manner provided by law for special elections. If such run-off election shall be in a primary, the same shall be called by the governing authorities of such primary. This section shall apply to all special elections to fill vacancies in said board. In the event this Act is ever amended to increase the number of commissioners above the number of three, then this Act shall apply to the election to said added members. Election of Commissioners. Section 4. Should any section, paragraph, sentence, sub-paragraph, clause or phrase of this Act, or the application thereof to any person or circumstance, be declared unconstitutional or invalid, the remainder of this Act shall not be affected thereby. Construction. Section 5. There is attached hereto a copy of intention to apply for this local Bill, together with the affidavit

Page 2323

required by law, all of which is hereby expressly made a part hereof. Section 6. All laws or parts of laws conflicting herewith are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1959 session of the Genral Assembly of Georgia an Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Dougherty, State of Georgia; to provide for the number of commissioners which shall constitute said board; to provide for the election of the members of the said Board of Commissioners of Roads and Revenues of Dougherty County by the qualified voters of said county; to provide for the qualifications and term of office of the members of said board; to prescribe their duties, powers, and compensation; to provide for the appointment of a clerk and an attorney for said board; to provide when this Act shall become effective; to provide for a referendum hereon; to repeal all laws relating to the present Board of Roads and Revenues of Dougherty County and all other laws in conflict with this Act; and for other purposes, approved March 4, 1941, (Ga. L. 1941, p. 834), so as to provide for the appointment of a clerk and assistant clerk and define their duties and provide for their compensation; to provide for a purchasing agent, to define his duties; to provide for competitive bidding on contracts for public work and to provide for competitive bidding on certain sales and purchases by the county; to provide for the filing and publishing of certain statements; to provide a penalty for the violation of this Act; to provide the manner of election of members of said Board of Commissioners of Roads and Revenues of Dougherty County; to

Page 2324

repeal all laws in conflict with this Act; and for other purposes. This 30th day of December, 1958. /s/ George D. Busbee, Representative. /s/ Colquitt H. Odom, Representative-Elect. Dougherty County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, George D. Busbee, and Colquitt H. Odom, who, on oath, depose and say that they are the representatives from Dougherty County, and that they are the authors of the proposed bill to which this affidavit is attached, and that the foregoing and attached copy of notices 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 2, 9, 16, 1959. /s/ George D. Busbee, /s/ Colquitt H. Odom, Sworn to and subscribed before me, this 29th day of January, 1959. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 9, 1959.

Page 2325

CITY OF DALTONIMPROVEMENT OF STREETS, ETC. No. 126 (House Bill No. 170). 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 July 19, 1923, (Ga. L., 1923, p. 593); to authorize the City of Dalton to improve its streets, avenues, public alleys, sidewalks and other public places or ways, to assess the abutting property owners and railroad and street-railroad companies; to provide the method and means for such improvements; to provide for the letting of contracts for such improvements; to provide for a lien on the abutting property; to provide for the issuance of an execution against the owner of an against the real estate improved, and to provide for the levy of such execution and sale of the property levied upon; to provide for the filing and trial of an affidavit of illegality on any assessment; to provide for the rank of the lien of the assessment; to provide for the filing of protests to assessments; to provide for the keeping of an assessment book; to provide for the issuance and sale of street improvement bonds; to provide for a tax to pay the principal and interest of said bonds; 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 July 19, 1923, (Ga. L., 1923, p. 593), is hereby amended by striking sections 2 through 16 inclusive, of said amendatory Act of 1923, and inserting in lieu thereof the following: Section 2. As used in this Act, the following words shall be construed as in this section set forth, to wit:

Page 2326

The words improve and improvement include the grading, regrading, paving, repaving, repairing, macadamizing and remacadamizing of, and other methods of improving streets, alleys, sidewalks, or other public places or ways; the construction, reconstruction, and repair of curbs, gutters and drains; and the alteration and repair of drains and connections necessary to conform to such improvements. The word streets includes streets, avenues, alleys, sidewalks, and other public places or ways. The word pave shall include storm drainings, paving macadamizing, and grading. Frontage means the side or sides of the lot or parcel of land in question abutting on the improvement. Definitions. The word cost shall, in addition to the cost and expense of material and labor, or the contract price of any improvement, include all engineering and inspection costs, the costs of moving utilities, and a proper proportion of the salaries and expenses of the engineering staff of the city while such staff is engaged on said improvement, whether such improvement be made by the city with its own forces or under contract with an independent contractor. Section 3. That the City of Dalton is hereby authorized and empowered, when deemed necessary by the mayor and council of said city, or upon petition of property owners as hereinafter set out, to improve its streets, avenues, public alleys, sidewalks and other public places or ways, using such material and doing the same in such manner and to such extent as in the discretion of the mayor and council of said city seems proper and necessary, assessing the cost thereof against the real estate abutting upon such improvements, and against railroad or street-railroad companies, if any, having a track lying in or along the street improved. The cost of so improving the roadway or street proper (except street intersections and the cost assessed against railroad companies) is to

Page 2327

be assessed against the real estate abutting on each side of such street to be so improved (except that paid by the city as provided herein); and the cost of paving between railroad-tracks and two feet on each side thereof is to be assessed against said companies as hereinafter set forth; and the entire cost of improving the sidewalks and constructing curbs, gutters, and lateral drains (except cost assessed against railroad companies) is to be assessed against the real estate on the side of the street where said sidewalk, curb, gutter, or lateral drain is constructed. Authority to improve streets, etc. Section 4. In each case where the cost of improving the roadway or street proper is assessed against the abutting property and railroad companies, if any, without the city paying any portion thereof except for street intersections, the proceedings for such improvements shall be begun by petition to the mayor and council of said city, signed by the owners of more than fifty per cent. of the property abutting on the street or streets or portions of street or streets proposed to be improved. For the purpose of said petition, a holder of land under bond for title or similar instrument, a grantor in a security deed, and a fiduciary with power of sale shall be held to be the owner. A tenant in common may sign as the owner of frontage in proportion to his undivided interest. In determining the amount of property abutting on a street, the frontage in lineal feet shall govern; and in figuring said total frontage, areas lying within intersecting streets shall not be counted. Railroad companies having tracks lying on or along any street to be improved, and which may be required to pay a portion of the cost of such improvement as in this Act provided, shall not be parties to said petition, though said companies shall have the right to appear at any hearing of said petition and oppose said improvement; nor, for the purpose of determining whether owners of the required amount of property have signed said petition, shall the tracks of rights of way of said companies be counted. Proceedings. Said petition shall set forth the general character of improvement requested, the frontage of the property

Page 2328

of each signer abutting on the street petitioned to be improved, and the location and extent of the desired improvement. The petition shall then be filed with the city clerk; and the city engineer, or his assistants shall carefully check said petition and determine whether the same has been signed by owners of more than fifty per cent. of such frontage; and the certificate of said city engineer, showing that the petition has been signed by owners of the requisite amount of frontage, shall be prima facie evidence of the fact. Section 5. Upon certification of said petition by the city engineer, and if the mayor and council determines such improvement should be made, or upon a determination by said mayor and council that certain street improvements are deemed necessary, an ordinance shall be introduced and read at a regular meeting of said mayor and council, which ordinance shall provide for the making of such improvements and the assessment generally against the abutting property and against railroad companies, if any, having track or tracks in or along said street, of the cost of such improvement; said ordinance describing the general character of the improvement and the general character of the materials to be used, and making reference for more details to specifications or plans in the office of the city engineer. Before said ordinance is read a second time and adopted, an advertisement shall be inserted by the city clerk in any newspaper in said city, such advertisement giving notice of the introduction of said ordinance, the location and general character of the proposed improvement, the general character of the material proposed to be used, and the estimated approximate cost to abutting property owners per front foot. Said advertisement shall be publicized at least ten (10) days before the date when said ordinance will be considered by the mayor and council for final passage and adoption. Said advertisemnt shall further state that the property owners or others interested are notified to appear at the meeting of the mayor and council, giving the time and place thereof, when said

Page 2329

ordinance shall be considered by the mayor and council for final passage and adoption. At said time named in said advertisement, if any property owner or other person desires to make objection to the passage of such ordinance, full opportunity shall be given at said meeting. After such hearing the mayor and council may, in its judgment, after a second reading of said ordinance, adopt and publish the same, as provided in cases of other ordinances of said city. A statement in or at the bottom of said ordinance, over the signature of the city clerk, or any other certificate of said city clerk, that said notice and opportunity for a hearing was duly given, shall be prima facie evidence of that fact. Same. Any number of streets or parts of streets may be included in one petition or ordinance and shall be considered as one improvement; but any objection to an improvement shall be made to each street separately. Where an improvement is requested as above, the mayor and council shall have the discretion to provide for the entire improvement requested, or a part thereof, or refuse the request altogether. After the passage of said ordinance all property owners assessed for the cost of said improvement, and all railroad companies, who do not within thirty (30) days after such passage commence legal proceedings to prevent such improvement and the apportionment of the cost thereof shall be conclusively presumed to have accepted the terms of said ordinance; and after the expiration of said thirty (30) days it shall also be conclusively presumed that owners of the requisite amount of abutting property signed said petition. Thereupon said improvement shall be made in substantial accordance with the general plans and specifications referred to in said ordinance. The provisions of this section relating to assessments for the cost of improving the roadway or street proper, shall be followed also in cases of assessments for other street improvements, when the amount assessed for such other improvements is used as a basis for the issuance of

Page 2330

Street Improvement Bonds, as hereinafter set forth in this Act. Section 6. Whenever the City of Dalton by its mayor and council, shall deem it necessary to make street improvements as hereinbefore provided, where no petition of property owners is necessary, the cost of such improvements shall be assessed by the mayor and council against the real estate abutting on each side of the street to be so improved; provided, that one-third ([frac13]) of the cost shall be borne by said city. Where an assessment is made against railroad companies, the amount of such assessment is to be deducted from the total cost, and the remainder is to be prorated granted against abutting property and the city as above. The entire cost of grading, paving, or otherwise improving sidewalks, curbs, and gutters (except cost charged against railroad companies) shall be assessed against the real estate abutting on the side of the street on which said sidewalk, curbs, or gutters are improved or constructed. The ordinance providing for the work and making the general assessment shall describe merely the general character of the improvement and the general character of the materials to be used, making reference for more details to specifications or plans in the office of the city engineer or clerk of the City of Dalton. Same. Section 7. The cost of street improvements made by said city under this Act shall be prorated and assessed against the abutting real estate according to its frontage on the street or portion of street improved, and also according to the special benefit accruing to said property by reason of such improvement; provided further that the cost of such paving or improvement for such portion of such street so improved as shall front on cross or intersecting streets to the one being improved shall be assessed to and paid by the city. Assessments. Section 8. Any railroad or street-railroad company now having or that may hereafter have tracks running through or across the streets or street intersections of said city shall be required to macadamize or otherwise

Page 2331

improve, as said mayor and council may direct, the width of such track and for a space of two (2) feet on each side of every line of track now in use or that may hereafter be constructed by such company, so as to conform to the general character of such improvement being done contiguous to such track; and said railroad or streetrailroad company shall, upon direction of said mayor or council, cause the grade of such track to be raised or lowered so as to conform to the grade of the proposed improvement; the mayor and council being authorized, in its discretion, to improve or contract directly for the improvement of the whole surface of the street or portion of the street determined upon; and to require any such company having or using tracks in such street or portion of such street to pay for the improving of the space therein which such company may be required to improve under this Act; the object of this provision being to allow the city to improve or contract for the improving of the whole surface of the street, without giving such railroad company or street-railroad company the option of improving the space to be improved by it, by itself or by a contractor at its instance. The words railroad company, as used throughout this Act, shall include street railroad company. Railroads. Section 9. The following procedure shall be substantially followed, and the following provisions shall apply, in cases of assessments for street improvement under ordinances hereafter adopted, whether such improvements and assessments be made by the mayor and council upon petition of property owners, or by the mayor and council without petition. (a) After the expiration of thirty (30) days from the date of the final passage of the ordinance providing for the improvement and making the general assessment, the city shall, as soon as practicable, through its city engineer, or such officers or employees as it may designate proceed to make the improvement, either with its own forces or by contract, as said mayor and council may determine. All improvements made under this Act shall be done under direction of the city engineer or his assistants;

Page 2332

and the city engineer or his assistants shall prepare and furnish surveys, grades, plans, profiles, and other like work, whether the work is to be done by contract or directly by the city. If the work is done under contract, the city shall advertise for bids, but shall not be required to accept the lowest bid where the mayor and council deems the acceptance of a higher bid to be to the city's best interests. On all contracts, the bond required by statute shall be given by the contractor, with surety thereon to be approved by the city mayor and council. The actual work of paving or making other street improvement shall be held in and of itself to constitute notice to abutting property owners, and railroad companies having tracks in the street improved, that such work is being done, and how the cost of such improvement is to be assessed. Assessments. (b) The city shall provide and keep a permanent book to be known as Assessment Book for Street Improvements, and shall provide additional volumes as the same are needed. Each volume shall bear a separate number or letter, and the pages thereof shall be numbered consecutively. The books shall be indexed so as to show each street upon which property assessed abuts, and the heading of each page of said book shall show the name and portion of each street upon which assessments for improvements are made. Said book shall contain appropriate columns for a brief description of each parcel of land assessed, the name of the apparent owner, frontage on the street improved, cost of the improvement per square yard or front foot, and amount of assessment apportioned against each parcel of abutting property; the amount, if any, to be paid by the city; and on said book shall be entered the amount, if any, assessed against any railroad company. No error, omission or mistake in regard to the name of the owner shall invalidate any assessment. Said book shall be kept in the office of the city clerk, shall be a public record, and the entry therein of any assessment shall constitute notice to the public of the lien against the land so assessed, and of the lien against any railroad company; said lien to date and rank as hereinafter set forth. Assessment Book for Street Improvements.

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(c) When the improvement has been completed, the city engineer, or his assistants, shall audit all bills and the cost of the work, or contract price, figuring the amount to be charged against railroad companies, if any, and the cost chargeable against the city, if any, shall measure the frontages of the several parcels of real estate abutting on the street improved; and the part of the cost of said improvement which under the ordinance providing therefor is to be assessed against railroad companies by said city engineer or his assistants, be charged against said companies; and the part of the cost to be assessed against abutting property is, by said city engineer or his assistants, to be so apportioned to and charged against each abutting parcel of land and the apparent owner thereof at the time of making such apportionment, in proportion to the frontage on the street or portion of street improved. (d) The city engineer, or his assistants, shall enter upon the Assessment Book for Street Improvements the amounts apportioned against the several parcels of real estate, and against railroad companies, if any, the description of each parcel of abutting real estate against which assessment is made, and the other items called for by the appropriate columns in said book, and shall make his report to a regular meeting of the mayor and council, submitting at the same time said assessment book with the entries therein. The report shall show the total cost of the improvement, the amount to be paid by the city, the amount charged against railroad companies, if any, and the total amount charged against abutting property. The mayor and council shall examine said report and said assessment book, and, if the same appear to be correct, shall adopt a resolution approving said report and the entries and apportionments in said book, and the adoption of said book, and the adoption of said resolution shall constitute the completion of the assessment lien against each parcel of abutting property and against the property of any railroad company. Said resolution may be adopted on one reading and need not be published. The report of the city engineer shall be recorded by the city clerk with said resolution in the

Page 2334

book of ordinances and minutes of the mayor and council; but the approval of the individual assessments against abutting property and against railroad companies, as entered in said assessment book, may be by reference in said resolution to the volume and page of the assessment book, so that said individual assessments need not be recorded in the books of ordinances and minutes. When said assessments have been so approved by resolution of the mayor and council, they shall be construed and presumed to have been made according to special benefits accruing to the property assessed. Any errors or omissions in the assessment book, whether in the description of property, names, dates, amounts, or otherwise may be corrected at any time, before or after the approval of the city engineer's report, which corrections may be made by resolution of the mayor and council or the mayor and council may, by ordinance or resolution, authorize such corrections to be made by any officer or employee of the city. Same, entires. (e) In cases of all assessments for improvements made under ordinances hereafter adopted by the mayor and council, the ordinance providing for the improvement and making the general assessment against abutting property and against railroad companies shall create an inchoate lien upon said abutting property and upon the property of said railroad companies located in said city; but said lien shall date, rank, and become fixed from and on the date of the passage of the resolution approving the entries in the assessment book as above provided, and in the amount set forth in said assessment book. The city clerk shall certify on each page of said assessment book the date of the passage by the mayor and council of the resolution approving said entries. Said assessment (and each installment thereof, if payable in installments) is hereby declared to be a lien against the lots and parcels of land described in said assessment, and against the property of railroad companies in said city co-equal with the lien of other taxes and prior to all other liens, whether then existing or afterwards created, and shall be enforced by execution as hereafter

Page 2335

set forth. The liens of assessments for improvements made under ordinances adopted before the passage of this Act, and which date from the passage of the original ordinance providing for the work and making the assessment, whether or not the individual apportionment of assessments has been approved by the mayor and council, shall remain valid and binding. Same, liens. (f) Immediately after the passage of the resolution approving the assessments, the city clerk, or other officer or employee of the city, shall mail to each abutting property owner, and to each railroad company, if any, a statement showing the total amount of such assessment, the frontage, the charge per square yard or lineal foot, the date when said assessments, or the installments (if any), are due, the place where payable, and the terms of payment, and also directing how and when the same shall be paid. Failure to mail or receive such statement shall not affect the validity nor the date of maturity of any assessment. Notice to property owners. (g) When any assessment has been paid in full, the city clerk shall make entry on the assessment book for street improvements, showing such payment. Where any assessment is payable in installments, the owner of the property assessed, his grantee, representative, or other person interested therein, shall be entitled to receive from the city clerk a certificate showing the amount of said assessment still unpaid, and said certificate shall be binding upon the city. Same, paid assessments. Section 10. All assessments shall be due at the time fixed by ordinance of the city, or in the resolution approving the report of the city engineer apportioning the assessments, and shall bear interest (before the issuance of execution) from the date when due to the date of payment, at the rate of seven (7%) per cent per annum. Same, interest. Section 11. Where the improvement is by decision of the mayor and council and not by petition of property owners, and the assessment is for the improvement of the roadway or street proper, and has been assessed

Page 2336

against the abutting property, the owners of the abutting property and the railroad company shall have the option of paying the assessments in ten (10) equal installments, as follows: One tenth cash upon the date when by ordinance or resolution the entire assessment would be due, and the other nine (9) installments payable on the same day of each year thereafter. Such deferred payments (before the issuance of execution) shall bear interest from the date when by ordinance or resolution the entire assessment was due, until said installments are paid, at the rate of seven (7%) per cent per annum, said interest payable annually on the entire amounts of installments outstanding, whether or not said installments are then due. Upon default in the payment of any installment, or interest, and said default continuing for thirty (30) days, all of said installments shall become due, and execution shall be issued and levied for the total amount of said installments, with interest. Same, installments. In order to have the right to pay an assessment in installments, the person so electing shall execute a writing, on a form to be furnished by the city, obligating himself or itself to pay said installments as above set forth. After having signed said election to pay in installments, said installments, or any of them, may be paid before maturity, with accrued interest, by the person against whose property the assessment was made, for his or its representatives or assigns. In cases of assessments for street improvements after petition of owners of more than fifty (50%) per cent. of the abutting property, where such improvements consist of sidewalks, curbs, or gutters, or improvements of the roadway or street proper, persons whose property is assessed for such improvements may have the right to pay in installments as herein above provided only in cases where specially provided by ordinance or resolution. Section 12. Whenever any assessment against abutting property or any railroad company shall become due,

Page 2337

or any installment thereof shall become due and remain unpaid for a period of thirty (30) days, the clerk of the City of Dalton shall issue an execution against the parcel of real estate assessed, or against any real estate of said railroad company in said city, for the entire amount of said assessment, with interest and costs, and said execution shall be levied by the levying officer of said city in the manner now provided by the charter of said city, and the same shall be advertised once a week for four weeks, and sold as now provided in said charter. All existing provisions of the charter of said city and all general laws of said State relating to sales to enforce assessments, deeds to the purchaser, right of the city to purchase at the sale, redemption by owner, resales by the city, admissibility in evidence of assessment deeds, presumptions as to validity, and other similar provisions shall be applicable to proceedings to enforce all liens for street improvements made in pursuance of the provisions of this Act; provided that all executions for such assessments, whether to enforce assessment liens now existing or hereafter made, shall be issued by the city clerk. The form of said execution shall be sufficient when the same is signed by the clerk of the City of Dalton in the name of the City of Dalton, is directed to the levying officer, describes the land to be levied upon, states the amount of assessment due, the name of the street improved, the date of the original ordinance providing for the improvement and making the general assessment, and is made returnable by the levying officer to the clerk of said city ninety (90) days after issuance. Said execution may name as owner of the property levied on either the apparent owner thereof at the date of the resolution approving the assessment, or the apparent owner or any one claiming an interest in the land at the date of issuing the execution. The city clerk shall keep an execution docket on which executions issued for street improvements shall be entered, with the date thereof, time and when delivered, and the proceedings had thereunder. Executions shall bear interest at seven (7%) per cent from date when the assessment becomes due. Executions for unpaid assessments. Section 13. Any person, including any railroad company,

Page 2338

against whose property an execution for street-improvement assessment has been issued and levied, whether the lien therefor arose before or arises after the passage of this Act, shall have the right to file with the levying officer an affidavity of illegality, with bond approved by the levying officer denying that the whole or any part of said assessment is due, denying special benefit, or setting up any other legal defense, stating the specific grounds of such illegality, and stating the amount, if any, admitted to be due. The amount admitted to be due shall be paid to the levying officer before the affidavit is received, and the affidavit and bond received for the balance; and all such affidavits so received shall be returned to the superior court of Whitfield County and there tried, and the issue determined as in other cases of illegality, subject to all penalties provided by law in cases of illegality for delay. The bond provided for in this section shall be conditioned the same as bonds in other illegality proceedings. This right to file affidavit of illegality shall apply whether the street improvement for which the execution was issued was made with or without petition of property owners, and whether or not the right to file said illegality be provided for by ordinance of said city. Provided, however, that where the owner or apparent owner of the real estate has in writing elected to pay said assessment in installments, as hereinbefore provided, such election shall be conclusive, and such owner or apparent owner, his or its heirs, representatives, successors, or assigns shall have no right, by affidavit of illegality or otherwise, to contest the validity of the assessment, nor the amount of such assessment set forth in the instrument electing to pay in installments; but where credits are claimed on the original assessment, such affidavit of illegality may be filed to contest the accuracy of the amount set forth in the execution. Affidavit of illegality. Section 14. The City of Dalton is hereby authorized to issue and sell street-improvement bonds without the assent of two-thirds ([frac13]) of the qualified voters at an election called thereon, but upon a majority vote of the members of its governing body, which bonds are to be

Page 2339

issued and sold in the following manner, and with the following limitations: An ordinance shall first be adopted, pursuant to the provisions of section 3 and section 4 of this Act providing for the street improvement and assessing the cost generally against abutting property and the property of railroad companies, if any, having tracks in the streets. When the street improvement has been completed and the mayor and council has approved the report of the city engineer fixing the amounts of the several assessments against the separate parcels of abutting property and the property of such railroad companies, the mayor and council may, in its discretion, by ordinance or ordinances, provide for the issuance and sale of street-improvement bonds, which bonds shall be direct obligations of said city, and the full faith, credit, and taxing power of said city shall be pledged to the payment of the principal and interest thereof. Said ordinance or ordinances shall specify what amounts of bonds are to be assessed, for what purpose or purposes, what interest they are to bear, how much principal and interest to be paid annually, and when to be fully paid off. Except as otherwise limited herein, the terms and forms of said bonds shall be such as may be provided in the ordinance or ordinances adopted by the mayor and council. Street improvement bonds. Such bonds shall be issued with these limitations: First: The terms of such bonds shall in no case exceed five (5) years; and at least one-fifth of each issue, with the interest thereon, shall mature and be paid off yearly. Second: The amount of each issue shall be limited to the amount assessed by said municipality upon each improvement. Any number of streets improved under the same ordinance, whether or not said streets actually connect, shall be considered one improvement. Third: Said bonds shall be issued only for the grading, curbing, guttering, or paving or repaving of streets

Page 2340

or portions of streets or sidewalks, or for the removal of utilities. Fourth: The interest thereon shall not exceed six (6%) per cent per annum. Said interest may be paid annually, semiannually, or quarterly, as the mayor and council may by ordinance provide. Fifth: Said bonds may be issued without regard to the amount of other outstanding debts or bonds of said municipality. Sixth: Said bonds are not to be issued except in case such grading, curbing, guttering, pavement, repavement or the removal of utilities has been petitioned for in writing by the owners of more than fifty (50%) per cent of the property abutting on the street paved or repaved. Section 15. The City of Dalton, before or at any time if issuing any said bonds, or incurring any bonded indebtedness pursuant to this Act, shall provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said debt within five (5) years from the date of the incurring of said indebtedness. Same. Section 16. The funds derived from the sale of any of the street-improvement bonds herein provided for shall first be used to pay the cost or contract price of making the street-improvement for which a particular series of bonds was issued. After paving such cost or contract price of the particular improvement, the surplus, if any, shall be placed and kept in one separate and special account, to be known as Special Street Improvement Bond Fund, and into said fund shall also be paid all surplus, if any, from the sale of all other similar street-improvement bonds. There shall also be paid into said Special Street-Improvement Bond Fund the amounts collected on all assessments and installments of assessments, with interest thereon, which were included in the total amounts of assessments for street improvements

Page 2341

for which any of said bonds were issued to pay. Such special fund shall be used only to pay the principal and interest of any and all issues of such bonds as the same mature, and any expenses and court costs directly connected with the validation and legal approval of said bonds. It is the intention hereof, however, that said bonds and the interest thereon shall be payable as they mature, as direct obligations of said city, whether or not the amount of collections of said assessments be sufficient therefor; and to secure such prompt payment, the annual tax in this Act provided, or so much thereof as may be necessary, shall be levied, collected, and devoted to that purpose. Same. Section 17. Any officer or employee of said city who shall apply any portion of said Special Street Improvement Bond Fund to any purpose other than those above specified shall be guilty of a misdemeanor, and upon conviction, shall be punished as provided in section 27-2506 of the Code of Georgia. Crimes. Section 18. When bonds are authorized, issued, and sold in substantial compliance with the provisions of this Act, and the charter and ordinances of said city, they shall be valid and binding obligations of said city, whether or not they be declared valid through judicial proceedings; but the mayor and council may also direct that said bonds be validated by order of court in the manner now or hereafter provided by the laws of Georgia. Bonds, validation. Section 19. Where any paved sidewalk in said city becomes, in the opinion of the city engineer, defective and dangerous for want of repair, and the cost of such repair does not exceed at any one time the sum of one hundred ($100.00) dollars, the city engineer may proceed at once, without ordinance or resolution of the mayor and council, to have said sidewalk repaired, either with the city's own forces or by contract with an independent contractor. The cost or contract price of making such repairs shall be charged against the abutting real estate, and constitute a lien thereon from the date of completing

Page 2342

the work. If the amount of the assessment is not paid within thirty (30) days of the completion of the work, the city clerk shall issue an execution against the abutting real estate and the owner thereof, which execution shall be enforced as in cases of other assessments for street improvements. A certificate from the city engineer setting forth the facts and describing the abutting property shall be sufficient warrant for the issuance of said execution. Assessments for repairs under this section need not be entered on the Assessment Book for Street Improvements, but all papers connected therewith shall be kept by the city clerk in appropriate files. Any person whose real estate is assessed for sidewalk repairs under this section shall have the right to contest the necessity of such improvement, or the amount of the assessment, or make other legal defense, by affidavit of illegality, in the manner heretofore provided in this Act. The lien for repairs to dangerous sidewalks made under this section shall not affect bona fide purchasers or lienholders without notice unless execution has been issued and entered upon the general execution docket of Whitfield County. Sidewalk repairs. 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, Homer E. Winkle and Virgil T. Smith, who, on oath, deposes and says that he is representatives from Whitfield County, and that the attached copy of notice of intention to introduce local legislation was published in the Dalton News-Citizen, which is the official organ of said county, on the following dates: December 24, 31, 1958, January 7, 1959. H. E. Winkle, Virgil T. Smith, Representatives, Whitfield County.
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Sworn to and subscribed before me this 26th day of January, 1959. Frances Y. Read, Notary Public, Fulton County. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1959 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 street improvement; and for other purposes. This 23rd day of December, 1958. /s/ H. E. Winkle Homer E. Winkle Representative, Whitfield County Seat No. 1 /s/ Virgil T. Smith Virgil T. Smith Representative, Whitfield County Seat No. 2 Approved March 9, 1959. CITY OF ROMECORPORATE LIMITS. No. 127 (House Bill No. 173). An Act to amend the Act approved August 19, 1918 (Ga. L. 1918, pp. 813-885) creating a new charter and municipal government for the City of Rome, as amended by enlarging the present city boundaries and corporate limits by the annexation of certain described property adjacent to the present city limits; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act approved August 19, 1918 (Ga. L. 1918, pp. 813-835) creating a new charter and municipal government for the City of Rome and defining the corporate limits thereof, as amended, be and the same is hereby amended by extending and increasing the city limits and corporate limits and boundaries of the City of Rome so as to include and annex the following described property, which is now adjacent to the present city limits and boundaries of the City of Rome, and in the County of Floyd, State of Georgia, to-wit: Beginning at the present city limit line of the City of Rome at the northeast corner of the junction of Shorter Avenue (Alabama Road) and Kirton Street in the 9th ward of the City of Rome; thence running westerly across Kirton Street to the northwest corner of the junction of Kirton Street and Alabama Road; thence running westerly along the northerly line of the right-of-way of the Alabama Road to the northeast corner of the intersection of the Alabama Road with Redmond Circle; thence northeasterly along the easterly line of the right-of-way of Redmond Circle to a point parallel with the northeast corner of the present city limit line of the City of Rome on the westerly line of Redmond Circle; thence westerly across Redmond Circle to the present northeast corner of the city limit line of the City of Rome on the westerly line of Redmond Circle. All of said property being located in Floyd County, Georgia. Said property shall be incorporated within the City of Rome as a part of the 9th ward of said city. Corporate limits. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective upon the first day of March, 1959. Effective date. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed.

Page 2345

Section 4. The affidavit and notice hereto attached is made a part of this bill, and reference is made thereto. Notice of Local Legislation To the People of Rome and Floyd County, Georgia: In the General Assembly of Georgia for the year 1959, a bill will be introduced to extend the city limits of the City of Rome, Georgia, and include within the said limits of said city the following property: Beginning at the present city limit line of the City of Rome at the northeast corner of the junction of Shorter Avenue (Alabama Road) and Kirton Street in the 9th ward of the City of Rome; thence running westerly across Kirton Street to the northwest corner of the junction of Kirton Street and Alabama Road; thence running westerly along the northerly line of the right-of-way of the Alabama Road to the northeast corner of the intersection of the Alabama Road with Redmond Circle; thence northeasterly along the easterly line of the right-of-way of Redmond Circle to a point parallel with the northeast corner of the present city limit line of the City of Rome on the westerly line of Redmond Circle; thence westerly across Redmond Circle to the present northeast corner of the city limit line of the City of Rome on the westerly line of Redmond Circle. All of said property being located in Floyd County, Georgia. Said property shall be incorporated within the City of Rome as a part of the 9th ward of said city. The public is invited to examine a map in the Office of the City Engineer at the City Hall in Rome, Georgia for a more perfect description of the land above described. This 6th day of January, 1959. City of Rome. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came, J. Battle Hall,

Page 2346

who, on oath, says that he is a member of the General Assembly from Floyd County, Georgia, and is the author of the local bill to which this affidavit is attached; and that a notice of the intention to apply for the legislation outlined in said bill has been published in the Rome News Tribune, a newspaper in which the sheriff's advertisements for the locality affected by said bill are published, once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly; and that a copy of said notice as published in said paper is hereto attached and made a part of this bill; and that said notice was published as provided by law. This 6th day of Jan., 1959. J. Battle Hall /s/ J. Battle Hall Sworn to and subscribed before me, this 26 day of Jan., 1959. Janette Hirsch Notary Public, Georgia, State at Large My Commission Expires October 4, 1960 (Seal). Notice of Local Legislation To the People of Rome and Floyd County, Georgia: In the General Assembly of Georgia for the year 1959, a bill will be introduced to extend the city limits of the City of Rome, Georgia, and include within the said limits of said city the following property: Beginning at the present city limit line of the City of Rome at the northeast corner of the junction of Shorter Avenue (Alabama Road) and Kirton Street in the 9th ward of the City of Rome; thence running westerly across Kirton Street to the northwest corner of the junction of Kirton Street and Alabama Road; thence running westerly along the northerly line of the right-of-way of

Page 2347

the Alabama Road to the northeast corner of the intersection of the Alabama Road with Redmond Circle; thence northeasterly along the easterly line of the right-of-way of Redmond Circle to a point parallel with the northeast corner of the present city limit line of the City of Rome on the westerly line of Redmond Circle; thence westerly across Redmond Circle to the present northeast corner of the city limit line of the City of Rome on the westerly line of Redmond Circle. All of said property being located in Floyd County, Georgia. Said property shall be incorporated within the City of Rome as a part of the 9th ward of said city. The public is invited to examine a map in the Office of the City Engineer at the City Hall in Rome, Georgia for a more perfect description of the land above described. This 6th day of January, 1959. City of Rome. Approved March 9, 1959. CITY OF ROMECHARTER AMENDED. No. 128 (House Bill No. 174). An Act to amend section 53 of the Act of 1918 (Ga. L. 1918, pp. 813-885), creating a new charter for the City of Rome as amended by the Act of 1933 (Ga. L. 1933, p. 1254) and an Act of 1938 (Ga. L. 1937-1938, p. 1338) and other Acts; said section 53 relating to the authority of the City of Rome to make temporary loans; by increasing the amount of said authorized loans; and also to amend the said charter of the City of Rome by repealing in its entirety section 126 of the Act of 1918 (Ga. L. 1918, pp. 813-885), creating a new charter for the City of Rome and repealing section

Page 2348

2 of an amendment to the charter of the City of Rome (Ga. L. 1924, pp. 678-680) in its entirety and substituting therefor a new section 126 of the charter of the City of Rome; to provide for the appointment of a secretary of the Rome City Commission; a deputy secretary thereof; to enumerate their duties and to authorize the city commission to fix salaries of the secretary, the deputy secretary and their assistants; to provide for the operation of the Water Department of the City of Rome as a separate department of the city; to authorize the hiring of clerical help and others in the operation of said department; to pass ordinances and resolutions necessary for the operation of said department; to repeal all conflicting laws: Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That section 53 of the Act of 1918 (Ga. L. 1918, pp. 813-885) as amended, relating to the authority of the City of Rome to make temporary loans, be and the same is hereby amended by repealing and striking all of section 53 of said Act as amended and by inserting in lieu thereof the following to be known as section 53: The City of Rome may make temporary loans to meet deficiencies and in anticipation of the collection of current revenues for the year, for the payment of expenses, in accordance with the budget to which such revenues are applicable, of not more than $400,000.00, and within the revenues available for the year. Any money so borrowed shall be on a note duly executed in the name of the City of Rome by the chairman of the city commission and the secretary, with the seal of the city attached. The making of such note shall be authorized by a resolution adopted in regular meeting, stating the purposes of the loan, how the proceeds thereof shall be used and applied, and the particular revenues anticipated, and when the collection of such revenues is expected. Such loan when so made shall be placed in a special account, and checks shall be drawn on such account only for the purpose of the loan. The resolution shall fix the amount

Page 2349

of interest, and copy of the resolution duly certified by the secretary under the seal of the city shall be attached to the notes. Thereupon such revenues anticipated shall be first applied to the payment of such note, and they shall not be used for any other purpose until such note is paid according to the terms of the resolution. Loans. Section 2. That section 126 of the Act of 1918 (Ga. L. 1918, pp. 813-885) creating a new charter for the City of Rome, and repealing section 2 of an amendemnt to the charter of the City of Rome (Ga. L. 1924, pp. 678-680) in its entirety, and by inserting in lieu thereof the following to be known as section 126: Section 126. The secretary of the Rome City Commission shall be required to keep the books and records of all departments of the city government except where otherwise provided in this charter, including the minutes and records of the commission. The secretary shall be appointed by the city manager, by and with the approval of the city commission, and the salary of the secretary and his assistants shall be set by the city commission. The secretary shall appoint and be responsible for the work of his assistants. One of his assistants shall be the deputy secretary of the Rome City Commission and in the absence of the secretary, the deputy secretary shall have all of the powers, rights and duties of the Secretary. Secretary of city commission, etc. The Rome City Commission shall have the power and authority to make rules and regulations and fix the salaries for clerical help and others and pass such ordinances or resolutions the commission deems necessary for the operation of the Water Department of the City of Rome as a separate department of the city. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. The notice and affidavit attached hereto are specially made a part of this bill and reference is made thereto.

Page 2350

Notice of Local Legislation to be Introduced for Passage by the General Assembly of Georgia, 1959 Regular Session. 1st. Notice is hereby given that at the 1959 regular session of the Georgia General Assembly, local legislation to amend the charter of the City of Rome will be proposed and introduced for the purpose of permitting the City of Rome to make temporary loans to meet deficiencies and in anticipation of the collection of current revenues for current year, for the payment of expenses in accordance with the budget to which such revenues are applicable, of not more than $400,000.00, and within the revenues available for the year. The purpose of the above proposed legislation is to permit the City of Rome to make temporary loans in an amount not exceeding $400,000.00 for any one year, the same to be repaid by current revenues within the year said loan is made. Said provision increases the power of the City from $250,000.00 to $400,000.00. The specific charter provision to be amended is Section 53 (Ga. L. 1918, pp. 813-885) creating a new charter for the City of Rome as amended. 2nd. Notice is hereby given that at the 1959 regular session of the Georgia General Assembly, local legislation to amend the charter of the City of Rome will be proposed and introduced for the purpose of repealing in its entirety section 126 of the Act of 1918, (Ga. L. 1918, pp. 813-885) creating a new charter for the City of Rome, and repealing section 2 of an amendment to the charter of the City of Rome (Ga. L. 1924, pp. 678-680), and substituting therefor a new section 126 of the charter of the City of Rome reading as follows: Section 126. The secretary of the Rome City Commission shall be required to keep the books and records of all departments of the city government except where otherwise provided in this charter, including the minutes and records of the commission. The secretary shall be appointed by the city manager, by and with the approval

Page 2351

of the city commission, and the salary of the secretary and his assistants shall be set by the city commission. The secretary shall appoint and be responsible for the work of his assistants. One of his assistants shall be the deputy secretary of the Rome City Commission and in the absence of the secretary, the deputy secretary shall have all of the powers, rights and duties of the secretary. The Rome City Commission shall have the power and authority to make rules and regulations and fix the salaries for clerical help and others and pass such ordinances or resolutions the commission deems necessary for the operation of the Water Department of the City of Rome as a separate department of the city. City of Rome. Georgia, Floyd County. Personally appeared before the undersigned official authorized to administer oaths, J. Battle Hall, 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 a 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 26 day of January, 1959. J. Battle Hall Sworn to and subscribed before me, this 26 day of Jan., 1959. Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal).

Page 2352

Notice of Local Legislation to be Introduced for Passage by the General Assembly of Georgia, 1959 Regular Session. 1st. Notice is hereby given that at the 1959 regular session of the Georgia General Assembly, local legislation to amend the charter of the City of Rome will be proposed and introduced for the purpose of permitting the City of Rome to make temporary loans to meet deficiencies and in anticipation of the collection of current revenues for current year, for the payment of expenses in accordance with the budget to which such revenues are applicable, of not more than $400,000.00, and within the revenues available for the year. The purpose of the above proposed legislation is to permit the City of Rome to make temporary loans in an amount not exceeding $400,000.00 for any one year, the same to be repaid by current revenues within the year said loan is made. Said provision increases the borrowing power of the city from $250,000.00 to $400,000.00. The specific charter provision to be amended is section 53 (Ga. L. 1918, pp. 813-885) creating a new charter for the City of Rome as amended. 2nd. Notice is hereby given that at the 1959 regular session of the Georgia General Assembly, local legislation to amend the charter of the City of Rome will be proposed and introduced for the purpose of repealing in its entirety section 126 of the Act of 1918, (Ga. L. 1918, pp. 813-885) creating a new charter for the City of Rome, and repealing section 2 of an amendment to the charter of the City of Rome (Ga. L. 1924, pp. 678-680), and substituting therefor a new section 126 of the charter of the City of Rome reading as follows: Section 126. The secretary of the Rome City Commission shall be required to keep the books and records of all departments of the city government except where otherwise provided in this charter, including the minutes

Page 2353

and records of the commission. The secretary shall be appointed by the city manager, by and which the approval of the city commission, and the salary of the secretary and his assistants shall be set by the city commission. The secretary shall appoint and be responsible for the work of his assistants. One of his assistants shall be the deputy secretary of the Rome City Commission and in the absence of the secretary shall have all of the powers, rights and duties of the secretary. The Rome City Commission shall have the power and authority to make rules and regulations and fix the salaries for clerical help and others and pass such ordinances or resolutions the commission deems necessary for the operation of the Water Department of the City of Rome as a separate department of the city. City of Rome. Approved March 9, 1959. CITY OF SPARTACORPORATE LIMITS. No. 129 (House Bill No. 175). An Act to amend an Act creating the charter of the City of Sparta, approved August 7, 1905 (Ga. L. 1905, p. 1155), as amended, to extend the corporate limits of the City of Sparta so as to include therein a certain area adjacent to the present corporate limits thereof which heretofore has been purportedly annexed to said city by ordinance of its mayor and aldermen enacted pursuant to an Act approved January 31, 1946 (Ga. L. 1946, p. 130); to repeal conflicting laws; and for other purposes. Preamble. The area hereinafter described in this Act lies adjacent to the present corporate limits of the City of

Page 2354

Sparta and was heretofore purportedly annexed to said city by ordinance of its mayor and aldermen enacted upon the request of the owners thereof, pursuant to an Act approved January 31, 1946 (Ga. L. 1946, p. 130); and it is the purpose of this act to ratify the action of the mayor and aldermen of said city in annexing the same. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the charter of the City of Sparta, approved August 7, 1905 (Ga. L. 1905, p. 1155), as amended, is hereby amended to extend the corporate limits of the City of Sparta so as to include, annex, and bring within the corporate limits of the City of Sparta all of the following described area and property, to-wit: All that tract or parcel of land situate, lying and being in the 113th district, G. M., of Hancock County, State of Georgia, containing twelve and eighty-nine hundredths (12.89) acres, more or less, and described in that certain plat thereof, made by P. E. Ogletree, surveyor, from his survey made on February 11, 1956, as follows: Beginning at an 8[Prime] x 8[Prime] concrete marker located at the point at which the corporate limits of the City of Sparta intersect the eastern right of way line of the Sparta-Linton public road and running thence along the corporate limits of the City of Sparta north 79 degrees east 1699 feet to an 8[Prime] x 8[Prime] concrete marker; thence along lands of Mrs. M. A. Guill south 9 degrees 20 minutes west 309.5 feet to a granite post; thence along lands of Mrs. M. A. Guill and lands of G. L. Brown, south 61 degrees 33 minutes west 662.7 feet to an iron pin; thence along lands of G. L. Brown north 81 degrees 34 minutes west 967 feet to an iron pin on the eastern right of way line of said public road; thence along said public road north 24 degrees 24 minutes west 171.2 feet to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2355

Section 3. A copy of notice of intention to apply for the passage of this bill, together with an affidavit of its author to the effect that said notice has been published as provided by law, is attached hereto and made a part hereof. Notice of Local Legislation Notice is hereby given of the intention to apply at the January session, 1959, of the General Assembly of Georgia, for the passage of a local bill amending an Act creating the charter of the City of Sparta, approved August 7, 1905 (Ga. L. 1905, p. 1105), as amended, to extend the corporate limits of the City of Sparta so as to include therein a certain area adjacent to the present corporate limits thereof which heretofore has been purportedly annexed to said city by ordinance of its Mayor and Aldermen enacted pursuant to an Act approved January 31, 1946, (Ga. L. 1946, p. 130), to repeal conflicting laws; and for other purposes. This 10 day of December, 1958. Marvin E. Moate, Representative, Hancock County, Ga. Georgia, Hancock County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, Marvin E. Moate, who, on oath deposes and says that he is the representative from Hancock County and the author of the bill to which this affidavit and the above notice is attached, and that the attached notice of local legislation was published in The Sparta Ishmaelite, the official organ of Hancock County, on the following dates: December 18, 1958, December 25, 1958 and January 1, 1959. Marvin E. Moate
Page 2356

Sworn to and subscribed before me, this 26 day of Jan. 1959. H. W. Lott, Notary Public, Berrien County, Ga. My commission expires Oct. 8, 1959. Approved March 9, 1959. CRAWFORD COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 130 (House Bill No. 177). An Act to create the office of Tax Commissioner of Crawford 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 provide for provisions relative to taxes and tax fi. fas.; to provide for compensation; to provide for an office; to provide for clerical assistance; to abolish the office of tax receiver and collector; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The office of Tax Commissioner of Crawford County is hereby created and the rights, duties, and liabilities of said office of tax commissioner shall be the same as those imposed upon tax receivers and collectors by the laws of this State. Created. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election for other county officers in Crawford 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. Likewise, all future elections for tax commissioner shall be held at the same time as the election for other county

Page 2357

officers; and all future tax commissioners shall likewise have a term of office for four years and until their successors are elected and qualified. Through December 31, 1960, the tax receiver and collector of Crawford County shall continue in office. In the event any vacancy should occur in the office of tax commissioner, the vacancy shall be filled by a special election called by the Ordinary of Crawford County. Said election shall be held within thirty days after the vacancy occurs in said office. Election, terms, etc. 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. Taxes due. Section 4. The tax commissioner shall be compensated for his services on the fee basis, and he shall receive all fees, commissions, costs, or any other perquisites for receiving and collecting taxes which are provided by law to be paid to tax receivers and tax collectors of this State. Compensation. Section 5. The tax commissioner shall be furnished an office in the Crawford County courthouse and shall keep said office open for the transaction of business as do other county officers. Office. Section 6. The tax commissioner before entering upon the duties of his office, shall take the oath prescribed by law for tax collector and shall give bond as provided by law for the tax collector. Oath and bond. Section 7. The tax commissioner is authorized to employ such assistants and clerks as will be necessary to transact, do and perform the duties of his office, and such assistants and clerks shall be paid by the said tax commissioner out of the fees paid to him for receiving and collecting taxes. Clerical help. Section 8. The office of tax receiver and tax collector

Page 2358

of Crawford County be and the same is hereby abolished. Section 9. This Act shall become effective on January 1, 1961, and the provisions relative to the election of the tax commissioner shall be carried out as provided hereinbefore. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon the recommendation of the Board of Commissioners of Roads and Revenues and the Grand Jury of Crawford County, notice is hereby given that I will introduce at the 1959 session of the General Assembly of Georgia, a bill to abolish the offices of Tax Collector and Tax Receiver of Crawford County; to combine the duties of both offices into the single office of tax commissioner; to provide for the compensation of said office; and for other purposes. W. T. Jones, Representative. Georgia, Crawford County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. T. Jones, who, on oath, deposes and says that he is representative from Crawford County, and that the attached copy of notice of intention to introduce local legislation was published in the Georgia Post which is the official organ of said county, on the following dates: January 1, 1959, January 8, 1959, and January 15, 1959. /s/ W. T. Jones W. T. Jones, Representative, Crawford County
Page 2359

Sworn to and subscribed before me, this 24th day of January, 1959. John Scarborough, Jr. Notary Public, Georgia State at Large My Commission Expires June 11, 1962. (Seal) Approved March 9, 1959. CRAWFORD COUNTYCOMPENSATION OF CLERK OF COMMISSION. No. 131 (House Bill No. 179). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Crawford County and define their powers and duties to be, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended particularly by an Act approved December 12, 1952 (Ga. L. 1952, p. 2164), so as to provide for the compensation of the clerk employed by the said board; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Roads and Revenues of Crawford County and defining their powers and duties to be, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended particularly by an Act approved December 12, 1952 (Ga. L. 1952, p. 2164), is hereby amended by striking from section 7 (A) of this Act the words exceed the sum of seventyfive dollars ($75.00) per month, or nine hundred dollars ($900.00) per annum, and inserting in lieu thereof but less than fifty dollars ($50.00) per month or six hundred dollars ($600.000) per annum, so that section 7 (A) shall read as follows: Section 7 A: The Board of Commissioners may employ a clerk, whose duty shall be as now provided

Page 2360

by law; and whose salary shall not be less than fifty dollars ($50.00) per month or six hundred dollars ($600.00) per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon the recommendation of the Board of Commissioners of Roads and Revenues of Crawford county, notice is hereby given that I will introduce at the 1959 session of the General Assembly of Georgia a bill to change the compensation of the Clerk of the Board of Commissioners of Roads and Revenues and for other purposes. W. T. Jones, Representative. Georgia, Crawford County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. T. Jones, who, on oath, deposes and says that he is representative from Crawford County, and that the attached copy of notice of intention to introduce local legislation was published in the Georgia Post which is the official organ of said county, on the following dates: January 1, 1959, January 8, 1959 and January 15, 1959. /s/ W. T. Jones W. T. Jones, Representative, Crawford County. Sworn to and subscribed before me, this 24th day of January, 1959. John Scarborough, Jr. Notary Public, Georgia State at Large My Commission Expires June 11, 1962. (Seal). Approved March 9, 1959.

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CITY OF DECATURAUTHORITY OF CITY MANAGER. No. 132 (House Bill No. 183). An Act to amend an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof by amending section 29 of said Act as amended by the Act approved August 16, 1920 (Ga. L. 1920, p. 956) providing for contracts and purchasing by the city manager by striking the words one hundred and substituting in lieu thereof the words five hundred, so as to permit the city manager to award contracts without competitive bidding where the amount involved does not exceed five hundred dollars. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. That the Act approved August 17, 1919, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, be and the same is hereby amended by amending section 29 of said Act, as amended by the Act approved August 16, 1920 (Ga. L. 1920, page 956) providing for the awarding of contracts and purchasing by the city manager by striking the words one hundred in said section and substituting in lieu thereof the

Page 2362

words five hundred, and further amended by striking the word town and substituting in lieu thereof the word city, so that said section when so amended shall read as follows: Sec. 29. Be it further enacted by the authority aforesaid that contracts shall be awarded by the city manager, only after bona fide competitive bidding, to the lowest responsible bidder, where the amount to be paid by the city exceeds five hundred dollars. All purchases of supplies shall be made through a central purchasing agent at the lowest obtainable prices. No contract shall be valid in which any member of the governing body, the city manager, or director of any department, is directly or indirectly interested. 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. 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 1, January 8 and January 15, 1959. The DeKalb New Era W. H. McWhorter, Managing-Editor Sworn to and subscribed before me this 16th day of January, 1959. /s/ Ann Hardy Notary Public, DeKalb County, Georgia My Commission expires July 26, 1961 (Seal).

Page 2363

Notice of Intention to Introduce Local Legislation. Georgia, DeKalb County. Notice is hereby given that I intend to apply for the passage of legislation at the next session of the General Assembly of Georgia to convene in January, 1959, the title of such bill or bills to be substantially as follows: An Act to amend an Act establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof so as to provide that contracts shall be awarded by the city manager, only after bona fide competitive bidding, to the lowest responsible bidder, where the amount to be paid by the city exceds $500.00, and for other purposes. This 29th day of December, 1958. B. Hugh Burgess, as City Attorney for the City of Decatur, Georgia. Approved March 9, 1959. CITY OF COLLEGE PARKCITY MANAGER. No. 133 (House Bill No. 187). 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 that said Act, as amended, is further amended by striking paragraph C under section M of section 2 of the amendatory Act approved March 21, 1958, (Ga. L. 1958, p. 2721) which reads: 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. and inserting in lieu thereof the following: 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. However, the city manager may be removed only after a hearing conducted by the mayor and council after due notice to the city manager. Upon removal from office the city manager shall be entitled to not less than sixty (60) days severance pay. He shall not be subject to the civil service or pension laws of the city. Section 3. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, 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

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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 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 2, 9, 16, 23, 30th days of December, 1958. As provided by law. Frank Kempton 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 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 its limits, etc., to provide for a mayor and councilmen, prescribe their powers and duties, and

Page 2366

for other purposes', and the several acts amendatory thereof, and for other purposes. This December 1, 1958. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga. Subscribed and sworn to before me this 5th day of January, 1959. Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959 (Seal). Publisher's Affidavit. County of Clayton. State of Georgia, 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 10th day of December, 1958, and once each week thereafter for four (4) weeks as provided by law. Jack Troy Sworn to and subscribed before me, this 6th day of January, 1959. Sybil S. Foster Notary Public, Clayton County, Georgia My Commission Expires June 4, 1962 (Seal).

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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 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 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. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga. Approved March 9, 1959. CITY OF COLLEGE PARKCHARTER AMENDED. No. 134 (House Bill No. 188). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other

Page 2368

purposes, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes approved December 16, 1895, and the several Acts amendatory thereof, be further amended as follows: Section 1. The provisions of said Act, as amended, particularly by section 1 of the amendatory Act approved January 30, 1946 (Ga. L. 1946, pp. 432-454) is amended by striking from line 14 of the first paragraph of section 1 of the said Act of 1946 (Ga. L. 1946, pp. 432-454), the words and Recorder, so that said first paragraph of section 1 when so amended shall read as follows: Section 1. Beginning with the first calendar month following the approval of this amendment, all full time officers and employees of the City of College Park (other than officers elected by the people) shall be required to contribute to the pension fund created by this amendment the amounts provided thereby and shall thereafter be entitled to pensions or retirement in the amount and upon the conditions provided by this law. Wherever used in this amendment, the word `employee' shall include all full time officers of said city other than officers elected by the people. Officers elected by the people, part time employees and their representatives shall not be entitled to pensions or retirement pay under this law. The city attorney of said city shall be excluded from the pension system hereby created. Employees under retirement system. Section 2. The recorder of the City of College Park,

Page 2369

who is serving in such capacity at the time of the passage of this Act, shall be entitled to qualify for retirement under the aforesaid Acts and any amendments thereto upon payment into the pension fund of the city the percentages of his salary as required by the terms of the above Acts and amendments thereto, from February 1, 1946, said sum to be paid within two years from the date of passage of this Act. Same, recorder. Section 3. Upon qualifying for retiring under this Act, the recorder shall receive credit for all the years of service for which he received compensation from the City of College Park, it being the declared purpose of this section to permit the recorder to receive credit for all service as an officer or employee of the City of College Park. Same. Section 4. Upon qualifying for retirement, the recorder of the City of College Park shall receive the benefit of all the rights and privileges heretofore granted under the aforesaid laws establishing and amending the retirement laws of the City of College Park. Same. Section 4A. Be it enacted by the authority aforesaid that the first sentence of section 2 of the Act amending the charter of the City of College Park, approved August 2, 1916 (Ga. L. 1916, p. 644) and the last sentence of section 5 of the Act amending the charter of the City of College Park, approved August 17, 1929 (Ga. L. 1929, p. 967) as amended by section I of the act amending the charter of the City of College Park, approved January 30, 1946 (Ga. L. 1946, p. 454) which reads: Sevtion 2. Be it further enacted, that the recorder for said recorder's court shall be elected by the mayor and council of the City of College Park, who shall determine his qualifications, terms of office, and compensation, except that said compensation shall not exceed the sum of nine hundred ($900.00) dollars per annum. be stricken therefrom and that there be substituted in lieu thereof the following: Section 2. Be it further

Page 2370

enacted, that the recorder for said recorder's court shall be elected by the mayor and council of the City of College Park, who shall determine his qualifications, term of office, and compensation. Salary, term, etc. of recorder. Section 5. A copy of notice of intention to apply for this local legislation and a certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this Bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 6. All laws and parts of laws in conflict herewith be and the same are hereby repealed. 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 10th day of December, 1958, and once each week thereafter for four (4) weeks as provided by law. Jack Troy Sworn to and subscribed before me this 6th day of January, 1959. Sybil S. Foster Notary Public, Clayton County, Georgia My Commission expires June 4, 1962. 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 2371

the 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 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. City of College Park By: Henry G. Crawford, City Attorney 912 N. W. Main St. College Park, Ga. Publisher's Affiidavit. 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 2, 9, 16, 23, 30th days of December, 1958, as provided by law. Frank Kempton Subscribed and sworn to before me, this 5th day of January, 1959. Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1959. (Seal).

Page 2372

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 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 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 1, 1958. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga. Approved March 9, 1959. CITY OF HAWKINSVILLECOMPENSATION OF COMMISSIONERS. No. 135 (House Bill No. 194). An Act to amend an Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, particularly by an Act approved July 27, 1923 (Ga. L. 1923, p. 671), so as to increase the compensation of the commissioners of said city; to repeal conflicting laws; and for other purposes.

Page 2373

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, particularly by an Act approved July 27, 1923 (Ga. L. 1923, p. 671) is amended by striking from said amendatory Act of 1923, section 5 thereof in its entirety and inserting in lieu thereof a new section 5 which shall read as follows: Section 5. The board of commissioners shall at their first meeting in each year elect one of their members as chairman of the commission, or if unable to agree, the ordinary of said county shall appoint one of said commissioners as chairman of the commission; and each of said commissioners shall receive a salary of six hundred ($600.00) dollars per annum, payable quarterly. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of a Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia which will convene in January, 1959, for the passage of the following bill: An Act to amend the charter of the City of Hawkinsville so as to increase the salary of each of the Commissioners of the City of Hawkinsville to six hundred dollars ($600.00) per annum; to amend or repeal such sections of said charter as may be necessary to carry into effect the said increase in salary of said commissioners. This 6th day of December, 1958. R. C. Massee, Representative-Elect Pulaski County. 12-10-8tc
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. C. Massee, 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 News, which is the official organ of said county, on the following dates: Dec. 10, Dec. 17, and Dec. 24, and Dec. 31, 1958, and Jan. 7, 14 and 21, 1959. R. C. Massee, Representative, Pulaski County. Sworn to and subscribed before me this 26th day of Jan. 1959. /s/ John Tye Ferguson Notary Public. My Commission expires Oct. 10, 1961. (Seal). Approved March 9, 1959. CITY OF WAYCROSSCOMPENSATION OF CITY MANAGER. No. 136 (House Bill No. 196). An Act to amend an Act approved December 7, 1953, (Ga. L. 1953 Nov.-Dec. Sess., p. 2045), being an amendatory Act to the charter of the City of Waycross, by providing that the salary of the city manager shall be fixed by resolution of the commission of the City of Waycross; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:

Page 2375

Section 1. That the Act approved December 7, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 2045) is hereby amended by striking the second paragraph of section 18, which reads as follows: The compensation of the city manager shall be fixed by ordinance passed by the commission, but shall not exceed eight thousand five hundred dollars per year. The city commission may fix the salary of the city manager at its first meeting for a period of thirty days until the ordinance fixing the salary can be and is legally passed, and substituting in lieu thereof the following as paragraph two of said section 18: The salary of the city manager shall be fixed by resolution of the commission of the City of Waycross. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the session of the General Assembly of Georgia which convenes in January, 1959, for the passage of an amendment to an Act approved December 7, 1953 (Ga. L., Nov.-Dec. Sess. 1953, p. 2045), which Act amended the charter of the City of Waycross, to provide that the salary of the city manager shall be fixed by resolution of the commission of the City of Waycross. This December 31, 1958. Commission of the City of Waycross By: C. S. Eidson, City Manager Attest: C. O. Parker, City Clerk Georgia, Ware County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer

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oaths, Jack Williams, Jr., who being duly sworn on oath says that he is Editor Publisher of Waycross Journal-Herald, the official organ of the City of Waycross and the newspaper published in the City of Waycross, Ware County, Georgia, in which the sheriff's sales are advertised and which has a general circulation in Ware County, and that the above and foregoing notice was published in its issues January 3rd, 10th, and 17th, 1959. /s/ Jack Williams, Jr. Jack Williams, Jr. Editor Publisher Sworn to and subscribed before me, this the 22 day of January, 1959. /s/ Louise Breen Notary Public, Ware County, Ga. (Seal). Approved March 9, 1959. CITY OF ATHENSCOMPENSATION OF MEMBERS OF CIVIL SERVICE COMMISSION. No. 137 (House Bill No. 199). An Act to amend the amendment to the charter of the mayor and council of the City of Athens creating a Civil Service Commission, approved July 31, 1918, as heretofore amended by Act No. 434 (House Bill No. 588), approved on February 25, 1949, so as to provide that the salaries of the chairman and members of the Civil Service Commission shall be fixed from time to time by resolution adopted by the mayor and council of the City of Athens, provided the salary so set shall not be less than $50.00 per month. Be it enacted by the General Assembly of Georgia: Section 1. Section 4 of the amendment to the charter of the Mayor and Council of the City of Athens creating

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a Civil Service Commission, approved on July 31, 1918, as heretofore amended by section 2 of Act No. 434 (House Bill No. 588), approved February 25, 1949, which section 4 as heretofore amended is as follows: Section 4. Salaries of Chairman and Members of Commission. The chairman and members of the Civil Service Commission shall receive, as compensation for their services, the same salary paid to councilmen of the City of Athens. be and the same is hereby expressly repealed; and the following is hereby enacted and substituted therefor: Section 4. Salaries of Chairman and Members of Commission. The chairman and the members of the Civil Service Commission shall receive, as compensation for their services, such salary as may be fixed from time to time by resolution adopted by the mayor and council of the City of Athens; provided, however, that the amount of such salary shall be not less than $50.00 per month. Provided further, however, that any change in salary for the chairman and the members of the Civil Service Commission shall only become effective at the end of the term of office of the persons presently holding such offices. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the Mayor and Council of the City of Athens intends to apply to the General Assembly of Georgia at the January, 1959, session thereof for the passage of a local bill amending the charter of the mayor and council of the City of Athens so as to provide that the salaries of the chairman and members of the Civil Service Commission shall be fixed from time to time by resolution adopted by the Mayor and Council of the

Page 2378

City of Athens, provided the salary so set shall not be less than $50.00 per month. This January 8, 1959. Mayor and Council of the City of Athens. By R. M. Snow, Mayor. Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared E. B. Braswell who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the Athens Banner-Herald on January 9, 16 and 23, 1959. E. B. Braswell Certified, sworn to and subscribed before me this 26th day of January, 1959. James Barron Notary Public, Clarke County, Georgia. (Seal). Approved March 9, 1959. CITY OF ATHENSUSE OF FIRE FIGHTING EQUIPMENT AND PERSONNEL. No. 138 (House Bill No. 200). An Act to amend an Act entitled, An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872, and the several Acts amendatory thereof, so as to authorize

Page 2379

the mayor and council of the City of Athens to employ its fire fighting equipment and personnel in fighting fire anywhere within the limits of this State and to provide that equipment and personnel so employed outside the corporate limits of the mayor and council of the City of Athens shall be engaged in the performance of a governmental function. Be it enacted by the General Assembly of Georgia and by authority of the same it is hereby enacted as follows: Section 1. The Mayor and Council of the City of Athens is hereby empowered but not required to employ its fire fighting equipment and personnel in fighting fire anywhere within the limits of this State; and any equipment and personnel so employed outside the corporate limits of the mayor and council of the City of Athens and within the limits of this State shall be engaged in the performance of a governmental function of the mayor and council of the City of Athens. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that the Mayor and Council of the City of Athens intends to apply to the General Assembly of Georgia at the January, 1959, Session thereof for the passage of a local bill authorizing the Mayor and Council of the City of Athens to employ its fire fighting equipment and personnel in fighting fire anywhere within the limits of this State and providing that equipment and personnel so employed outside the corporate limits of the Mayor and Council of the City of Athens shall be engaged in the performance of a governmental function. This January 8, 1959. Mayor and Council of the City of Athens. By R. M. Snow, Mayor.
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Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared E. B. Braswell who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the Athens Banner-Herald on January 9, 16, and 23, 1959. E. B. Braswell Certified, sworn to and subscribed before me this 26th day of January, 1959. James Barron Notary Public, Clarke County, Georgia. (Seal). Approved March 9, 1959. CITY OF SAVANNAHCORPORATE LIMITS. No. 139 (House Bill No. 208). 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, for the purposes of amending the city limits and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid that from and after the passage of this Act the 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.

Page 2381

All that certain lot, tract or parcel of land being a portion of lot 156, western McGowan tract, Chatham County, State of Georgia, being more particularly described as follows: Beginning at the southwest corner of the intersection of DeRenne Avenue and Skidaway Road, and running S 24-17[prime] W along the westerly side of Skidaway Road a distance of 203 feet; running thence along the westerly side of Skidaway Road S 23-31[prime] W a distance of 143.8 feet; running thence N 72-38[prime] W along the northerly side of King Street a distance of 198 feet; running thence N 21-32[prime] E a distance of 342.18 feet to the southerly side of DeRenne Avenue; running thence S 73-30[prime] E along the southerly side of DeRenne Avenue a distance of 213 feet to point of beginning, together with the portion of DeRenne Avenue that lies between the eastern and western lines of the aforesaid property as extended northwardly. Section 2. Advertisement has been made and publisher's affidavit all as required by law is hereto attached and made a part hereof. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath Robbie Miller, 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 that application will be made

Page 2382

for the passage of a bill to enlarge the city limits of Savannah to include the property now owned by the Cokesbury Methodist Church at the southwestern corner of DeRenne Avenue and Skidaway Road, together with the portion of DeRenne Avenue immediately adjacent thereto. Frank S. Cheatham, Jr. Representative, Chatham County, Georgia. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of Jan. 10, 17, 24, 1959. Robbie Miller. Sworn to and subscribed before me this 24 day of Jan., 1959. Miriam E. Kisil Notary Public, Chatham County, Ga. (Seal). Approved March 9, 1959. DADE COUNTYOFFICE OF COMMISSIONER OF ROADS AND REVENUES CREATED. No. 140 (House Bill No. 211). An Act to create effective January 1, 1961, the office of Commissioner of Roads and Revenue for Dade County with the first such commissioner to be elected in 1960 to take office January 1, 1961; to provide for term of office; to provide for elections; to provide for qualifications; to provide for oath; to provide for filling vacancies; to provide for compensation; to provide for bond; to place certain restrictions upon purchasing of goods for the county and sale of goods of the county; to provide for an inventory of county property and

Page 2383

supplies; to provide for penalties; to provide for powers and duties; to provide for audits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective January 1, 1961, there is hereby created the office of Commissioner of Roads and Revenues of Dade County. Although such office shall not come into existence until the aforesaid date, the first commissioner shall be elected in 1960, as hereinafter provided. The first commissioner shall be elected at the same time members of the General Assembly are elected in 1960 and shall take office January 1, 1961, for a term of four years and until his successor is elected and qualified. Each successor shall be elected at the same time county officers of Dade County are elected, and shall be elected for a term of four years and until his successor is elected and qualified. Created, term, etc. Section 2. Any person, in order to be eligible to serve as commissioner, must be at least 30 years of age; a resident of Dade County for at least five years prior to the beginning of his term, and be qualified and registered in Dade County to vote for members of the General Assembly. Before entering upon his duties the commissioner shall take an oath to faithfully perform his duties under this Act and the Constitution and laws of the State of Georgia, which oath shall be administered by the Ordinary of Dade County. Qualifications, oath. Section 3. In the event a vacancy occurs in the office of commissioner for any reason other than the expiration of the commissioner's term of office, the Ordinary of Dade County shall appoint a person to serve as commissioner until a person is clected at a special election as hereinafter provided. It shall be the duty of the ordinary to issue the call for a special election not more than twenty (20) days after the date such vacancy occurs, and such election must be held on the day not less than twenty (20) nor more than thirty (30) days from the date of the issuance of the call. The date and purpose

Page 2384

of the election shall be published in the official organ of the county once a week for two (2) weeks immediately preceding the date of the election. Said election shall be held under the general rules applicable to special elections and the ordinary shall declare and certify the results thereof. The person elected at such election shall serve for the unexpired term. Provided, however, if such vacancy occurs within a period of not more than six (6) months prior to the date of the election at which a successor to the commissioner is to be elected, the ordinary shall appoint a person to serve for the remainder of the unexpired term. Vacancies. Section 4. The commissioner shall be compensated in the amount of $6,000.00 per annum, to be paid in equal monthly installments from the funds of Dade County, and the commissioner shall devote his full time to the duties of his office. He shall also be reimbursed for his actual expenses incurred in connection with the performance of his duties outside Dade County, which shall include reimbursement for expenses incurred in attendance upon meetings of the County Commissioners Association. Salary. Section 5. Before entering upon the discharge of his duties, the commissioner shall give bond in the sum of $15,000.00 with a surety company authorized to do business in Georgia, as surety, which bond shall be payable to the Ordinary of Dade County for the use of Dade County. Such bond shall be conditioned for the satisfactory and faithful performance of the duties of his office and for a true accounting of all monies and effects of said county coming into his custody, possession or control. Such bond shall be filed in the office of the ordinary and shall be recorded upon his minutes. The premiums on such bond shall be paid from the funds of Dade County. Bond. Section 6. It shall be unlawful for the commissioner or any firm, partnership, association, or corporation in which the commissioner is a partner or a stockholder to

Page 2385

sell directly to the county, any goods or supplies or material or to purchase anything from the county. Business with county. Section 7. It shall be unlawful for the commissioner or any person related to him within the first degree according to canon law or any firm, partnership, association or corporation, in which any of such persons or such relations is an officer or an employee, to buy from or sell to Dade County any goods or services of any kind whatsoever. Same. Section 8. It shall be unlawful for the commissioner to sell any county property, real or personal, which may lawfully be sold, except by competitive sealed bids, after advertisement for such bids in the official organ of Dade County once a week for the two (2) weeks immediately preceding the date on which such bids must be submitted. Such advertisements shall give a complete description of the property being offered for sale. Such advertisements shall be given to the official organ by the commissioner, and shall be paid for from the funds of Dade County. The highest of such bids submitted must be accepted. A file of all bids received shall be retained for a period of two (2) years by the clerk, and shall be open to public inspection at any time within such two-year period. Sale of county property. Section 9. It shall be the duty of the commissioner to maintain an accurate record of all property, material, supplies and equipment of Dade County, by an inventory itemizing losses of property and the sale and purchases of all property and the same shall be taken by a designated county employee or by the commissioner, and the commissioner shall submit a copy of the inventory each year to the first meeting of the grand jury; provided that the initial inventory shall be made by the commissioner by July 1, 1961. Inventory. Section 10. The commissioner shall have and exercise all the powers which are vested by law in the judges of the inferior courts and ordinaries when sitting for county purposes except that of supplying by appointment

Page 2386

all vacancies in county offices and in ordering elections to fill them, and is hereby expressly given complete power, authority and control relative to county matters of Dade County, which shall include the power and authority to do all things and perform all acts which are necessary and essential to carry on the affairs of Dade County. The commissioner is hereby authorized to employ necessary personnel including a county attorney and a clerk or deputy and fix their compensation to assist in the performance of the duties imposed by this Act. However, the expense for hire of a clerk, deputy, or other clerical help in his office shall not exceed $2400.00 in any calendar year. Powers. Section 11. It shall be the duty of all officers of Dade County now required by law to pay funds over to the county treasurer to pay the same over to the commissioner of roads and revenues of said county from and after January 1, 1961, which funds shall be by him deposited in the county depository of said county, and said funds shall not be paid out except on check of said commissioner. County funds. Section 12. It shall be the duty of the commissioner, in paying obligations of the county, to issue checks which shall show the check number, the date, the name of the payee, the amount, the purpose for which the same is issued, and the fund out of which the same is paid, and shall maintain for his records either a stub showing the same information, or a carbon copy of such check. It shall also be his duty to keep a well bound book in which all deposits made shall be allocated to the particular funds in accordance with the provisions of law, and in which all checks issued shall be shown, so as to provide at all times up to date information relative to funds on hand in the various funds provided by law. Same. Section 13. It shall be the duty of said commissioner to prepare quarterly a brief summary of all funds received and all funds paid out during such quarter, the same to be published in one issue of the official organ of Dade County during the month following the end of

Page 2387

each quarter year, the publication fee to be paid out of county funds. Quarterly statements. Section 14. It shall be the duty of the commissioner to have an annual audit made of all receipts and disbursements of and the financial condition of the office of commissioner, by an independent auditing firm, a certified copy of which audit shall be presented annually to the first grand jury convening after said audit, and a copy of which shall be retained in the office of the commissioner, available for public inspection. Annual audits. Section 15. Said commissioner shall share the present office in the court house occupied by the ordinary until such time as he is able to provide other suitable office space in the court house of Dade County or in close proximity thereto. Office. space. Section 16. Any commissioner who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that I will introduce in the 1959 session of the General Assembly of Georgia a Bill to create the office of Commissioner of Roads and Revenues for Dade County, the first such Commissioner to be elected in 1960 to take office January 1, 1961; to provide for the election of such officer, the term of office and the filling of vacancies in such office; to provide for the qualifications, compensation, oath and bond of such officer; to provide the powers and duties of such officer; to provide for audits and reports and for inventories of County property; to provide certain restrictions upon purchasing goods for the county and sale of goods of

Page 2388

the county; to provide for penalties, and for other purposes. This January 6, 1959. Maddox J. Hale, Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maddox J. Hale, who, on oath, deposes and says that he is representative from Dade County, and that the attached copy of notice of intention to introduce local legislation was published in the Dade County Times, which is the official organ of said County, on the following dates: January 8th, 15th, 22nd, 1959. Maddox J. Hale, Representative, Dade County Sworn to and subscribed before me this 27 day of Jan., 1959. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 9, 1959. DADE COUNTYOFFICE OF COUNTY TREASURER ABOLISHED. No. 141 (House Bill No. 212). An Act to abolish the office of county treasurer of Dade County; to provide for an accounting by the outgoing treasurer; to provide for specific repeals; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2389

Be it enacted by the General Assembly of Georgia. Section 1. The office of county treasurer of Dade County is hereby abolished. Section 2. On the effective date of this Act, the outgoing treasurer shall turn over all books, records, accounts and funds in his hands to the Commissioner of Roads and Revenues for Dade County and shall make a full and complete accounting to said commissioner. Section 3. An Act relating to the office of county treasurer of Dade County approved August 18, 1916 (Ga. L. 1916, p. 398), is hereby repealed. Section 4. An Act relating to the office of county treasurer of Dade County approved August 24, 1931 (Ga. L. 1931, p. 449), is hereby repealed. Section 5. This Act shall become effective on January 1, 1961. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that I will introduce in the 1959 session of the General Assembly of Georgia a Bill to abolish the office of county treasurer of Dade County, to become effective January 1, 1961. This January 6, 1959. Maddox J. Hale Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maddox J. Hale, who, on oath, deposes and says that he is representative from Dade County, and that the attached copy of notice of intention to introduce local legislation was

Page 2390

published in the Dade County Times, which is the official organ of said county, on the following dates: January 8th, 15th, 22nd, 1959. Maddox J. Hale Representative, Dade County Sworn to and subscribed before me this 27 day of Jan., 1959. Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 9, 1959. DADE COUNTYCOMPENSATION OF ORDINARY. No. 142 (House Bill No. 213). An Act to change the compensation of the Ordinary of Dade County from the fee system to the salary system; to provide the salary of such officer; to provide for the collection and distribution of fees and costs; to provide for monthly accountings and reports; to provide for necessary office supplies; to provide for the appointment of deputies and clerks; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Beginning January 1, 1961, the compensation of the Ordinary of Dade County shall be changed from the fee system to the salary system, and the salary herein specified shall constitute the full and complete compensation for such officer. Effective date. Section 2. The salary of said Ordinary shall be $6,000.00 per year, payable in monthly payments of $500.00 at the end of each calendar month by the Commissioner

Page 2391

of Roads and Revenues out of the general funds of Dade County. Salary. Section 3. All fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites which are now or which may hereafter be allowed by law to be collected by such officer, shall be received and collected by said Ordinary for the sole use of Dade County, and shall be held and accounted for as public monies belonging to said county. On or before the 10th day of each month, beginning February 10, 1961, said Ordinary shall prepare in duplicate a detailed, itemized statement showing the amounts, dates and sources of sums collected by him during the previous calendar month. One copy of this statement shall be furnished to the Commissioner of Roads and Revenues of Dade County, together with full payment of the amounts shown thereon; the other copy shall be retained on file as a part of the records of said Ordinary. Said Ordinary shall be diligent in the collection of such fees, costs, percentages, forfeitures, penalties, allowances and other perquisites, and in making the monthly accounting herein provided for. It shall be unlawful for the Commissioner of Roads and Revenues to pay to the Ordinary the monthly salary herein provided for while said Ordinary is delinquent in the making of any monthly accounting herein provided for. County funds. Section 3. Notwithstanding any other provision of this Act, it is specifically provided that no sum of money or other gift donated or given to the Ordinary by any person for the performance of a marriage ceremony shall be construed to be fees, costs, percentages, forfeitures, penalties, allowances or other perquisites, and any such gift or donation shall be the property of the Ordinary. Gift for performing marriages. Section 4. The procedure now in force as to collection and distribution of costs shall remain in force, but as herein provided all such sums to which the Ordinary would, but for this Act, be entitled to, shall be collected for the use of the County, and Dade County shall be

Page 2392

subrogated to the rights and claims of such Ordinary in and to the same. Collection of fees. Section 5. The Commissioner of Roads and Revenues shall provide necessary books, records, stationery, postage and other office supplies for the Ordinary of Dade County to be paid for out of county funds. Office expenses. Section 6. The Ordinary of Dade County may employ deputies and clerks for said office, but none of such deputies or clerks shall be paid out of county funds, except that the Commissioner of Roads and Revenues shall on or before the 10th day of each month reimburse said Ordinary out of County funds for such sums as he may have paid out for hire of such deputies or clerks during the previous calendar month, upon presentation of statement thereof: Provided, however, that such sums shall in no event exceed $1200.00 in any calendar year. Clerical help. Section 7. This Act shall become effective on January 1, 1961. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that I will introduce in the 1959 session of the General Assembly of Georgia a Bill to change the compensation of the Ordinary of Dade County from the fee system to the salary system; to provide for the compensation of such officer; to provide for the collection of fees, costs and other funds and payment thereof into the public funds of the county; to provide that said Bill shall become effective January 1, 1961, and for other purposes. This January 6, 1959. Maddox J. Hale Representative Georgia, Fulton County. Personally appeared before me, the undersigned

Page 2393

authority, duly authorized to administer oaths, Maddox J. Hale, who, on oath, deposes and says that he is representative from Dade County, and that the attached copy of notice of intention to introduce local legislation was published in the Dade County Times, which is the official organ of said county, on the following dates: January 8th, 15th 22nd, 1959. Maddox J. Hale Representative, Dade County Sworn to and subscribed before me this 27 day of Jan. 1959. Janette Hirsch, Notary Public, Georgia, State at Large My Commisstion expires October 4, 1960. (Seal). Approved March 9, 1959. DADE COUNTYAPPOINTMENT OF COUNTY DEPOSITORY. No. 143 (House Bill No. 214). An Act to provide for the appointment of a County Depository for Dade County; to provide for the duties thereof; to provide for the deposit of county funds therein and the method of disbursement; to provide for bond and securities to be furnished by said depository; to provide for statements; to provide that the depository shall receive no compensation for services and shall not be required to pay interest; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be the duty of the Commissioner of Roads and Revenues of Dade County on January 1,

Page 2394

1961, and on January 1st of each succeeding year, to appoint some chartered bank located or doing business in Dade County as depository of all county funds of Dade County which are now required to be paid over to the county treasurer. Appointment. Section 2. From and after the effective date of this Act all county funds which are now required to be paid over to the county treasurer shall be paid over to the Commissioner of Roads and Revenues of Dade County and shall be deposited by said commissioner in said county depository. Section 3. Said county depository shall not pay out any of such county funds so deposited except on order or check duly signed by the Commissioner of Roads and Revenues of Dade County. Section 4. Said depository shall be selected under such rules and regulations as may be prescribed by the Commissioner of Roads and Revenues of Dade County. Section 5. It shall be the duty of the Commissioner of Roads and Revenues to require said depository to pledge and keep on deposit with said commissioner securities to be approved by the commissioner in the face amount of not less than fifty per cent of the total amount of county funds on deposit with such depository to secure the faithful performance by said depository of its duties under this Act, and for the safe keeping of all county funds, deposited in said county depository. Said commissioner may, at his discretion, require a surety bond from said depository, in addition to the pledge of such securities, in an amount not to exceed $20,000.00 for the faithful performance of its duties hereunder, the premium for such bond to be paid out of county funds. The securities herein provided for shall be either obligations of the United States, or of the State of Georgia, or other obligations guaranteed as to principal and interest by the United States of America. Security. Section 6. Said depository shall furnish to the Commissioner

Page 2395

of Roads and Revenues at the end of each month a statement showing the amount of funds deposited and paid out during the month, and the balance remaining on deposit together with all cancelled checks paid during said month. Additional statements shall be furnished from time to time upon request of said commissioner. Statements. Section 7. Said depository shall receive no compensation for its services in acting as such depository, and shall not be required to pay any interest on funds deposited under the provisions of this Act. No compensation. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that I will introduce in the 1959 session of the General Assembly of Georgia a Bill to provide for the appointment of a County Depository of Dade County to serve without compensation; to prescribe the duties of such Depository; to provide for bond and securities, and for other purposes, said Bill to become effective January 1, 1961. This January 6, 1959. Maddox J. Hale Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maddox J. Hale, who, on oath, deposes and says that he is representative from Dade County, and that the attached copy of notice of intention to introduce local legislation was published in the Dade County Times, which is the official organ of said county, on the following dates: January 8th, 15th, 22nd, 1959. Maddox J. Hale, Representative, Dade County.
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Sworn to and subscribed before me this 27 day of Jan, 1959. Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 9, 1959. CITY OF NORMAN PARKTAX RATEREFERENDUM. No. 144. (House Bill No. 218). An Act to amend the charter of the City of Norman Park, approved December 6, 1902 (Ga. L. 1902, p. 519), as amended particularly by an Act approved August 18, 1911 (Ga. L. 1911, p. 1433), so as to increase the tax rate for general purposes; to provide for the submission of this Act for ratification or rejection; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend the charter of the City of Norman Park, approved December 6, 1902 (Ga. L. 1902, p. 519), as amended particularly by an Act approved August 18, 1911 (Ga. L. 1911, p. 1433), is hereby amended by striking from section 6 the words one dollar and inserting in lieu thereof the words one dollar and fifty cents, so that section 6 as so amended shall read: Section 6. The mayor and alderman shall have power to abate nuisance, tax itinerant shows, venders and the like, to issue special taxes and licenses for all classes of businesses or occupations as in their discretion they may see fit, according to the terms of this charter; and to pass all ordinances for the benefit and good government

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of said town of Norman Park as they may deem proper, not inconsistent herewith; they shall have the right to levy an ad valorem tax for general purposes on all the property in said town, both real and personal, and not exceeding one dollar and fifty cents on the hundred dollars. In addition to this, they may levy and collect for school purposes, a tax of one dollar on the hundred dollars, which shall be used exclusively for school purposes, according to the laws of force in this State. Tax rate. Section 2. Not less than thirty nor more than sixty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of Norman Park to issue the call for an election for the purpose of submitting this Act to the voters of the City of Norman Park for approval or rejection. The mayor shall set the date of such election for a date between March 1, 1959 and June 1, 1959. The mayor shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official Gazette of Norman Park. The ballot shall have written or printed thereon the words: For approval of the Act raising the ad valorem tax rate maximum from ten to fifteen mills. Referendum. Against approval of the Act raising the ad valorem tax rate maximum from ten to fifteen mills. 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 less than 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 Norman Park. It shall be the duty of the mayor to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern city elections in Norman

Page 2398

Park. It shall be the duty of the mayor to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given that application will be made at this session of the General Assembly of Georgia, January-February 1959 session for the passage of a local bill amending the charter of the City of Norman Park so as to increase 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 a referendum election by the qualified voters of the City of Norman Park so as to determine whether this Act shall become effective, to repeal conflicting laws; and for other purposes. This 31st day of Dec., 1958. David L. Newton, Colquitt County Representative. Dorsey R. Matthews, Colquitt County Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David L. Newton, who, on oath, deposes and says that he is Representative from Colquitt County, and that the attached copy of notice of intention to introduce local legislation was published in the Weekly Moultrie Observer, which is the official organ of said county, on the following dates: January 2, January 9 and January 16, 1959. /s/ David L. Newton Representative, Colquitt County
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Sworn to and subscribed before me this 27 day of January, 1959. G. Hughel Harrison Notary Public, Georgia, State at Large. My Commission expires April 30, 1961. (Seal). Approved March 9, 1959. CITY OF WINTERVILLEEASEMENTS TO PUBLIC UTILITIES. No. 145 (House Bill No. 222). To be entitled an Act to amend an Act to grant a new charter to the City of Winterville (Ga. L. 1955, p. 2794, et. seq.), to empower the City of Winterville to grant franchises, easements and rights of way in the City of Winterville and in, on and under its public streets, alleys and other public places, to permit utilities, public or private, to serve persons in said City of Winterville; to ratify and approve any such franchises, easements and rights of way heretofore granted; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The new charter of the City of Winterville, (Ga. L. 1955, p. 2794, et. seq.), is hereby amended in the following particulars: (a) At the end of section 1 thereof the following is added: The said city, through its mayor and council, shall have the power and authority to grant franchises, easements and rights of way in the City of Winterville and in, on and under its public streets, alleys and other public places, to permit utilities, public or private, to serve persons in said City of Winterville. Easements to public utilities.

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(b) At the end of section 4 thereof the following is added: Any and all franchises, easements and rights of way granted heretofore by the City of Winterville to any utilities, public or private are hearby ratified, confirmed and approved. Same. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the undersigned intend to apply to the General Assembly of Georgia at the January, 1959, session thereof for an amendment to the charter for the City of Winterville, giving to said City the power to grant franchises, easements and rights of way in the City of Winterville and in, on and under its public streets, alleys and other public places, to permit utilities, public or private, to serve persons in said City of Winterville; to ratify and approve any such franchises, easements and rights of way heretofore granted; and for other purposes. This 8th day of January, 1959. Julian H. Cox Chappelle Matthews Notice. Notice is hereby given that the undersigned intend to apply to the General Assembly of Georgia at the January, 1959, Session thereof for an amendment to the charter for the City of Winterville, giving to said city the power to grant franchises, easements and rights of way in the City of Winterville and in, on and under its public streets, alleys and other public places, to permit utilities, public or private, to serve persons in said City of Winterville; to ratify and approve any such franchises, easements

Page 2401

and rights of way heretofore granted and for other purposes. This 8th day of January, 1959. Chappelle Matthews Julian H. Cox Georgia, Clarke County. Personally appeared before the undersigned authority E. B. Braswell, who, first being duly sworn, deposes and says on oath that the above and foregoing notice, of intention to apply for the passage and approval of the Act described therein, was published and appeared in the Athens Banner-Herald, which is the official organ of Clarke County, Georgia, and is the newspaper in which sheriff's advertisements for that County are published, once a week for three weeks during a period of 60 days immediately preceding its introduction into the General Assembly, and specifically on the following dates: January 9, 1959, January 16, 1959, January 23, 1959. E. B. Braswell Sworn to and subscribed before me, this 26 day of January, 1959. /s/ E. B. Davis, Notary Public, Clarke County, Ga. Approved March 9, 1959. CITY OF WADLEYELECTIONS. No. 146 (House Bill No. 223). An Act to amend an Act entitled Wadley, Charter Amended, No. 121, approved August 23, 1905 (Ga. L. 1905, p. 1201), as amended by an Act entitled

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Wadley Charter Amended, No. 162 (House Bill No. 414), approved March 3, 1955 (Ga. L. 1955, p. 2543), and as otherwise amended, so as to provide for the change of date of elections of mayor and councilmen from the first Saturday in January to the first Saturday in December; so as to provide for the filing of notice of candidacy for the offices of mayor and councilmen; and so as to provide for absentee ballots in all elections. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that said Act (Ga. L. 1905, p. 1201) as amended (Ga. L. 1955, p. 2543) and as otherwise amended, be further amended in the following particulars, to-wit: Section 1. Section 4 of said Act, as said section 4 has been amended, is further amended by striking said section 4 in its entirety and substituting therefor the following, to be known as section 4: Section 4. An election shall be held at the city hall in the City of Wadley, Georgia, on the first Saturday in January, 1956, for the election of a mayor and five councilmen; the mayor and one councilman shall be elected for a term of one year, two councilmen shall be elected for a term of two years, and two councilmen shall be elected for a term of three years. On the first Saturday in January, 1957, the mayor and one councilman shall be elected for a term of three years. On the first Saturday in January, 1958, two councilmen shall be elected for a term of three years. On the first Saturday in January, 1959, two councilmen shall be elected for a term of three years. On the first Saturday in December, 1959, the mayor and councilman shall be elected for a term of three years. Thereafter, each year on the first Saturday in December the vacancies in the office of the mayor and councilmen as the terms expire shall be filled by an election for a three year term. In each instance the mayor and members of council shall serve until their successors are elected and qualified. The terms of office of said mayor and councilmen shall begin on the Friday

Page 2403

following the first Saturday in the month of January immediately following their election. Elections of mayor and councilmen. Section 2. In all elections in the City of Wadley, Georgia, for the offices of mayor and councilmen, held after the passage of this Act, no person shall be eligible for the office of mayor or councilman and the name of no candidate for either mayor or councilman shall be placed on the ballot unless such candidate, not more than forty five (45) days and not less than fifteen (15) days prior to the date of the election, shall file with the clerk of said city a written and signed notice that he or she wishes for his or her name to be placed on the ballot as a candidate in that election for the designated office of mayor or councilman. Notice of candidacy. Section 3. In all elections in the City of Wadley, Georgia, held after the passage 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 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 Wadley 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 voting. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jefferson County. Personally appeared before the undersigned attesting officer, Virginia Polhill Price, who on oath deposes and says that she is the publisher of the News Farmer, the newspaper in which sheriff's advertisements appear in Jefferson County, in which county the City of Wadley, Georgia, is located, and that the following and attached

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notice of intention to introduce local legislation has appeared in the News Farmer in the issues of December 25, 1958, January 1, 1959, and January 8, 1959, to-wit: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1959 session of the General Assembly of Georgia, a bill to amend the charter of the City of Wadley, Georgia, in the following partciulars, to-wit: (1) To provide for the change of the date of elections of Mayor and Councilmen from the first Saturday in January of each year to the first Saturday in December of each year. (2) To provide for the filing of notice of candidacy for the offices of mayor and councilmen not more than forty five (45) and not less than fifteen (15) days prior to the election. (3) To provide for absentee ballots in all elections. This 22nd day of December, 1958. J. Roy McCracken, Representative, Jefferson County, Georgia. This 26th day of January, 1959. Virginia Polhill Price, Publisher, News Farmer, Jefferson County, Georgia. Sworn to and subscribed before me: James C. Abbot, Notary Public. Approved March 9, 1959.

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CHARLTON COUNTYBOARD OF COMMISSIONERS. No. 147 (House Bill No. 230). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Charlton, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 810), and by an Act approved March 27, 1947 (Ga. L. 1947, p. 995), so as to provide for a five-member board of commissioners; to re-apportion the representation of the three road districts; to provide for a special election; to provide for staggered terms of office for said board; to provide for a one-year term for the chairman and vice-chairman of said board; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Charlton, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 810), and by an Act approved March 27, 1947 (Ga. L. 1947, p. 995), is hereby amended by striking from section 1 the word and figure three (3) and inserting in lieu thereof the word and figure five (5), so that section 1 of the said Act as 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 a Board of Commissioners of Roads and Revenues for the County of Charlton, in said State, is hereby created to consist of five (5) members who shall be qualified voters of said county. Number of commissioners. Section 2. Said Act is further amended by striking section 2 of said Act as amended in its entirety and inserting in lieu thereof a new section 2 so that section 2 of said Act as amended shall read as follows:

Page 2406

Section 2. Be it further enacted by the authority aforesaid, That, for the purpose of this Act the County of Charlton, shall be divided into three road districts as follows: The Uptonville and Winokur Militia Districts shall constitute road district number one (1); the Folkston and Trader's Hill Militia Districts shall constitute road district number two (2); that Saint George and Moniac Militia Districts shall constitute road district number three (3); and one commissioner shall be elected for road district number one and number three and two commissioners shall be elected from road district number two and that each commissioner be a resident of the road district that he represents. The fifth commissioner shall be elected from the county at large, representing all road districts within the county and shall be elected from any road district within the county. The voters of the entire county shall vote for all candidates for commissioners from all road districts and commissioners at large in both the primary and general elections. Road districts. Section 3. Be it further enacted by the General Assembly of Georgia that the Ordinary of Charlton County shall call on May 1, 1959, a special election to be held on the last Tuesday in May 1959 for the purpose of electing the additional commissioners for road district number two and the commissioner at large, representing all road districts within the county. The said commissioners elected at the aforesaid special election shall take office on June 1, 1959, and shall hold office until December 31, 1960, or until their successors are elected and qualified but nothing in this Act shall prohibit the commissioners elected in the said special election from being elected to succeed themselves. The terms of office for the additional commissioner from road district no. two and the commissioner at large shall expire December 31, 1960, and thereafter the terms of these said commissioners shall be for a period of four years. Candidates for the newly created commissioner from road district no. two and commissioner at large, after election of these two commissioners for the intial abbreviated term in the special election of May 1959, shall be elected in the primary

Page 2407

and general election in which members of the General Assembly from Charlton County are elected, it being the purpose of this section to provide a four-year term for all members of the board of commissioners after the initial term of the two additional commissioners, and for the terms of two commissioners to expire at a time different from the other three members of the said board. Special election. Section 4. Said Act is further amended by striking from section 7 the words two years and inserting in lieu thereof the words one year so that section 7 of said Act as amended shall read as follows: Sec. 7. Be it further enacted by the authority aforesaid, that said board of commissioners shall hold a regular meeting in each month on the first Monday thereof; the first meeting to be held on the first Monday in January, 1928, at ten o'clock, a.m. when the present commissioner of roads and revenues for said county shall turn over to them their office, all records, books, and official papers therein, 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. 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 every one year thereafter on the first Monday in January a chairman and vice-chairman shall be elected, but 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. The vice-chairman shall, in the absence or disqualification of the chairman or during the vacancy in office of chairman, perform and discharge all of the 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 meetings 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

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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 to convene the board in extra session upon his own motion or upon the written request of the other four members of the board, and shall do so whenever the other four members make such request in writing. Organization of Board. Section 5. The effective date of this Act shall be May 1, 1959. 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 I intend to introduce in the January 1959 session of the Georgia General Assembly, a bill to amend an act creating the Board of County Commissioners of Charlton County so as to provide for five commissioners; to change the representation of the commission districts; to provide for a special election to elect the additional commissioners; to provide the procedure connected with the foregoing; and for other purposes. This 30th day of December, 1958. H. Ben Rodgers, Representative, Charlton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Ben Rodgers, who, on oath, deposes and says that he is representative from Charlton County, and that the attached copy of notice of intention to introduce local legislation was published in the Charlton County Herald, which

Page 2409

is the official organ of said county, on the following dates: January 9, 16, 23, 1959. Ben Rodgers, Representative, Charlton County. Sworn to and subscribed before me this 28th day of January, 1959. Amelia Smith, Notary Public. (Seal). Approved March 9, 1959. PEACHTREE CITYCHARTERED. No. 148 (House Bill No. 242). An Act to create and incorporate Peachtree City, in the County of Fayette, 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 city; to authorize said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks and other facilities and utilities deemed useful in the operation and management of the said city and to provide for the method of 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 initial appointment of the mayor and council of said city and thereafter the election of the mayor and councilmen of said city; to provide for passage of ordinances and

Page 2410

granting licenses for the conduct of business; 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 Peachtree City, in Fayette County, be and the same is hereby incorporated as a city under the name and style of Peachtree City, and as such constitutes a body politic and corporate of said State and county and by that name and style shall have perpetual succession with full powers to govern itself by such ordinances, by-laws, rules and regulations for municipal purposes as may be deemed proper and not in conflict with this charter, the Constitution or laws of this State or the United States. Said city shall have full power in and by said corporate name to contract and be contracted with, to sue and be sued, to plead and be impleaded, to purchase, hold, receive, enjoy, possess and retain for the use of and benefit of said Peachtree City or the inhabitants thereof in perpetuity or for any term, any estate, real or personal, or lands, tenements or hereditaments of any kind, within or without the limits of said city, for corporate purposes; to use, manage, improve, sell, convey, rent or lease any such estate or property; to have and use a common seal; and to perform all acts necessary or incident to its corporate existence or capacity. Created. Section 2. The corporate limits of said city shall be and are defined as follows: All that territory and the inhabitants thereof embraced and contained in the sixth land district of Fayette County, Georgia, being land lots numbered 24 to 63, inclusive, and all that territory and the inhabitants thereof embraced and contained in the seventh land district of Fayette County, Georgia being land lots numbered 64 to 68, inclusive, and land lots numbered 90 to 103, inclusive, and land lots numbered 122 to 135 inclusive, and land lots numbered 155 to 162, inclusive. Corporate limits.

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Section 3. The corporate authority of said city and the territorial jurisdiction of the governing body and the officers thereof shall extend, for police and sanitary purposes, over all lands which are controlled and all lands which may hereafter be owned or controlled by said city for waterworks, electric light, sewerage, drainage, or cemetery purposes outside of the territory as indicated in section 1 hereof. The governing body and officers of said city shall have full power and authority to make and enforce such ordinances, by-laws, rules and regulations as they may deem necessary to protect the land, premises, and other property referred to in this section and all rights and interest of said city therein as fully and completely as if the same were located within the limits of said city proper as indicated in section 2 hereof. Powers. Section 4. The government of said city shall be vested in a mayor and four councilmen, initially appointed and thereafter chosen as hereinafter provided, and such other officers and employees as are provided for by this Act as the mayor and councilmen consider necessary and proper to appoint and employ as hereinafter provided. The mayor and councilmen of said city shall collectively be known as Council of Peachtree City, (hereinafter sometimes referred to as city council or council and when so referred to shall be construed to mean the Council of Peachtree City) in which all legislative powers of said city shall be vested. The mayor and three councilmen, or four 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. The city council shall meet at such specified time and place as may be provided by ordinance. Special meetings may be called at any time by the mayor upon giving not less than twenty-four (24) hours notice of said special meeting. Mayor and councilmen, quorum, meetings, etc. Section 5. No person shall be eligible to hold the office of mayor or councilmen of said city unless he or she is twenty-one (21) years of age and is a qualified elector of said city who shall have continuously resided

Page 2412

and maintained his or her domicile therein for at least six (6) months immediately preceding their election. Same, qualifications. Section 6. The mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the city 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 acounted for and that all revenues are properly and promptly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of said city; to inspect or cause to be inspected by one or more of the councilmen of said city the records and books of accounts of the officers of said city and see that they are properly and correctly kept to require such reports to be made by such officers, to the council as he may deem proper; to see that order maintained in said city and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the council in extra session as frequently as he may deem proper; to preside in the police court of Peachtree City, and he is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said city; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such police court or contempt of the council by imposing such sentence or penalty as may be authorized by the ordinances of said city; to bind said city by signing any contract, obligation or other matter entered into and authorized by ordinances or resolution of the council of said city, properly passed in accordance with the provisions

Page 2413

of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Mayor. Section 7. On all questions before the city council the mayor shall be entitled to vote only in case of a tie; provided every ordinance and resolution passed and every election of an officer or employee by the said council shall be subject to the veto of the mayor in the following manner: The mayor shall within four days write out his objections to such resolution, ordinance or election and the said council shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered in the minutes and take a vote on the question as to whether said ordinance, resolution or other action shall become adopted over said veto. Should as many as three councilmen vote in the affirmative, said resolution and ordinance or other action, shall stand affirmed and become effective without the approval of the mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. Veto. Section 8. There be and is hereby designated and named Joel H. Cowan, as mayor of said city and R. H. Huddleston, R. Hugh Huddleston, John E. Robinson and J. A. Pollard, as councilmen of said city who shall immediately take office upon the approval of this Act as hereinafter provided upon taking the oath of office herein prescribed, which said officers shall hold the respective office to which appointed until their successors are elected and qualified at an election held in said city as provided in section 9 of this Act or until a vacancy should occur as provided in section 10 of this Act. Appointed mayor and council. Section 9. On the first Tuesday in December, 1961 and on the first Tuesday in December each two years thereafter, there shall be elected a mayor and four councilmen for said city by the qualified registered voters therein, all of whom shall be elected to serve for a period of two years from January second of the year following such election or until their successors are elected and qualified, each such official to be elected by a plurality

Page 2414

of the consolidated vote cast in such election so held for that purpose. The persons so appointed, as above provided and thereafter elected as herein provided as mayor and councilmen of said city shall on or before the day of assuming office qualify by taking and subscribing before some officer authorized by law to administer oaths, the following oath: I (A.B.), do solemnly swear that I will well and truly perform the duties of mayor (or councilmen as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of Peachtree City and the common interest thereof. So help me God. Such oath shall be filed with the city clerk, who shall spread the same upon the minutes of the meeting of the council of Peachtree City, next following such filing, unless such oath is filed during a regular meeting of the said council in which latter case such oath shall be spread upon the minutes of the meeting then in session. Elections, oaths. Section 10. In the event that the office of mayor, or the office of any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacanices may be filled by appointment and selected by the city council, in the case of vacancies in said council, and by the councilmen in the case of a vacancy in the office of mayor and persons so selected shall be duly qualified to fill such vacancies for the unexpired terms provided it does not exceed twelve months, except that should such vacancy occur prior to January 2, 1962 such twelve month limitation shall not be applicable. On or after January 2, 1962 should such period exceed twelve months then a special election shall be called to determine the person who shall fill the unexpired term. Vacancies. Section 11. Should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant and the vacancy filled as above provided. Same.

Page 2415

Section 12. The mayor shall receive an annual salary and each councilmen shall receive such annual salary as shall be fixed by the city council which shall not be reduced during the term for which such official shall have been appointed or elected. Said salaries shall be paid in twelve equal monthly installments on the last day of each month. In addition to their salaries, each councilman may be reimbursed for actual out of pocket expenses incurred on behalf of the city. The city council may also provide for payment of all reasonable expenses which may be incurred by the mayor in the discharge of his duties, including such staff as may be appointed by the mayor. Compensation of mayor and council. Section 13. The city council shall at its organization meeting and thereafter at its first regular meeting in January of each year, elect one of its members mayor pro tem. for a term of one year, who shall discharge the duties and exercise the powers and authority of the mayor in the absence, disability or disqualification of the mayor and during a vacancy in the office of mayor provided his rights and duties as councilman shall remain unimpaired, except he shall not receive the salary or expense of a councilman while receiving the salary and expense of mayor where there is a vacancy in the office of mayor. Before entering on the discharge of his duties the mayor pro tem. shall, in addition to the oath taken as councilman, take and subscribe the oath prescribed for mayor. In case neither the mayor nor mayor pro tem. can attend to or discharge the duties of mayor, whatever the cause, the city council shall elect a provisional mayor pro tem. to act until a mayor or mayor pro tem. can act, from its membership, who shall take the same oath and be clothed with all of the rights, power and authority of mayor until a mayor or mayor pro tem. can act. Section 14. The city council shall at its organization meeting and thereafter at its regular meeting in January of each year appoint a clerk. They may also appoint a chief of police, fire chief, a superintendent of the sanitary department, a city engineer and an attorney and such other officers as may in their judgment be necessary

Page 2416

to the best interest of the city. Such appointed officers shall serve for a period of one year from the date of appointment and until their successors are appointed and qualified, who may, however, be removed from office for cause at any time but not until they have been given an opportunity to appear before said council for trial; provided further that the mayor may suspend any official pending the trial before said body. The salaries of the officers provided for in this section shall be such as may be prescribed by ordinance of said city council. The said council shall fill any office which may become vacant to fill the unexpired term thereof. Clerk and other officers. Section 15. The clerk of said city shall be the clerical officer of the city council and shall be the keeper of the seal of said city and shall perform such duties as may be provided by this Act and such additional duties as may be determined by the council. Clerk. Section 16. The city council when deemed necessary shall create a police department which department shall consist of a chief of police and such other police officers as the city council shall provide by ordinance. It shall be the duty of the chief of police and the police officers to make arrests, within and without the limits of said city of all persons violating any ordinance of said city, and to make arrests of all persons who have violated the penal statutes of this State or of the United States, either with or without warrant or summons therefor. They shall have power to release all persons upon such bond as may be prescribed by such ordinances. Said police force shall be so uniformed and armed as to be readily recognized by the public as peace officers, the arms and uniform to be furnished by the city and to remain the property of the city. Police. Section 17. The city council shall be and it is hereby authorized, without any further specific authorization on the part of the General Assembly, to create by proper ordinances such other departments and to prescribe their functions and the duties of the affairs and employees

Page 2417

of such departments as it may deem necessary and to the best interests of the residents of Peachtree City. Ordinances. Section 18. All officers elected by said council shall discharge such duties in addition to those prescribed in this Act as are, or may be, prescribed by ordinances of said council and shall give such bonds for the faithful discharge of their respective duties as said council may require; provided, the surety on the bond shall be a duly authorized guaranty or surety company, qualified to transact business in this State. Bonds of officers. Section 19. In all elections held under the charter of Peachtree City, all persons shall be allowed to vote who are duly registered as hereinafter provided. Any person shall be allowed to vote in said election who has reached the age of eighteen (18) years and over and who has been a bona fide resident of said city for at least sixty (60) days prior to said election and a resident of the State of Georgia for a period of six (6) months and no taxes or license fees due the city by such person have gone to fi. fa. Elections. Section 20. The city council shall provide for the permanent registration of the qualified voters thereof, by providing a book for such purpose, so that one registration therein is all that is required so long as all other qualifications required by such registration are retained by the person registering in said book. The city council of said city shall furnish the clerk of said city with a book, to be called the permanent registration book, upon which all persons, desiring to qualify as electors shall be required to qualify as provided by the charter of the city. Such electors upon qualification shall sign their names in alphabetical order, and shall read or have read to them the oath provided for herein before signing. The electors who have qualified and have signed the permanent registration book shall not thereafter be required to register or further qualify, except as may be required by the said council of said city. Each person presenting himself to the clerk for the purpose of registering shall

Page 2418

before signing his name in the book of permanent registration, be administered the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in the State of Georgia six (6) months and will have resided in Peachtree City sixty (60) days before the next election to be held in said city; that you are eighteen (18) years of age or over, that no taxes or license fees due by you to Peachtree City have gone fi. fa.; and that you have met all requirements required of you by the ordinances of said city, so help you God, upon which said clerk shall register the name, age and occupation of said person, and the clerk shall, on the day of each election, furnish the election managers with a list of the registered, qualified voters of said city certified by him as being official. The clerk shall keep the permanent registration book open in the clerk's office during the regular and ordinary time said office is open for the transaction of business, for the purpose of permitting those to register who desire to do so in the permanent registration book provided that for special elections in said city the clerk shall close the permanent registration book fifteen (15) days before the holding of said special elections and for general elections in said city the clerk shall close the permanent registration book thirty (30) days before the holding of said general election. After closing the permanent registration book as aforesaid the clerk shall prepare a list of voters for such election and the clerk shall furnish such list arranged in alphabetical order of all registered, qualfied voters to the election managers, which election managers shall be appointed by the council. In making such list the clerk shall exclude the names of all persons on the registration book who registered less than fifteen (15) days before a special election and thirty (30) days before a general election as well as those who have died, no longer reside within the corporate limits of the city or who have disqualified themselves as aforesaid in any way as legally qualified voters. The managers shall not permit any person whose name does not appear on said list to vote except as hereinafter provided. Voter registration. Section 21. In case an elector is not allowed to register

Page 2419

by the clerk or whose name is left off of the list of qualified voters by the clerk, he shall have the right of appeal to the council, whose findings shall be final. Said appeal can be made immediately upon the elector ascertaining this fact and the council shall immediately assemble and hear the appeal de novo. Said hearing shall be before the polls are closed for the election at which such elector desires to vote, whether special or general, so that a voter may not be removed from the list without a final hearing before the polls are closed at said election. The clerk must revise and purge the list of qualified voters as aforesaid before such election, both general and special. When a name of the elector is stricken from the list of qualified voters for any cause, it can only be re-entered thereon by action of the clerk, after having been properly authorized to do so in writing by the council, which authorization shall for sixty (60) days after said election be kept in the permanent records of the city. Same. Section 22. Any person voting at any election of said city who is not a qualified voter according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction therefor shall be punished as prescribed in the Penal Code of this State. Crimes. Section 23. The polls for the holding of all elections in and for Peachtree City shall be open at 7:00 o'clock a. m. and shall remain open until 7:00 o'clock p. m. Eastern Standard Time or such other time as shall hereafter be prescribed as the official time of the State of Georgia. The managers of each election shall certify the results thereof to the council who shall in the presence of and together with the several managers consolidate the returns of said election and declare the results thereof and who shall record same on the minutes of the council, and said record shall be the evidence of the results of said election. Election hours. Section 24. For the purpose of raising revenues for the support, operation and maintenance of said City and its affairs, including reserves for capital improvements, the city council shall have full power and authority

Page 2420

to levy, assess and collect each year for such general purposes, an ad valorem tax on all property, real, personal and mixed, including money, notes, stocks, bonds and other evidences of debt, money used in banking and every other species of property in said city, or owned or held therein, which may be lawfully taxed by said city, which tax shall not exceed twenty five mills on each dollar of taxable value, and in addition such annual ad valorem tax shall be levied on each dollar of taxable value of such property, subject to taxation for bond purposes, as may be necessary to produce amounts required and sufficient to provide a sinking fund for the purpose of paying the principal of an interest on the bonded indebtedness of said city as required by law. The ad valorem tax above authorized for general purposes and the bond sinking fund tax shall be levied by separate ordinances, and each shall specify the purpose for which the tax is levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies Taxation. Section 25. The city council shall provide by ordinance for the returns and assessments of all taxable property in said city and provide suitable penalties for neglect or refusal to comply with the same. Same. Section 26. All properties subject to taxation by said city shall be returned for taxation at their true and fair market value by the owners thereof or their duly authorized agents, to the clerk, who shall act as ex-officio tax commissioner and tax receiver. Such returns shall be made by the taxpayer on or before May 1 of each year. If such properties are not returned by May 1, or if returned at less than their fair market value, the clerk shall assess such properties at their fair market value from the best information obtainable as to their value for the taxable year, but such assessment shall not become final until twenty days after such property owner shall be notified of said assessment by registered mail by said clerk. If the property owner is dissatisfied with such assessment as made, said owner shall file his objections in writing with the city council within such twenty days

Page 2421

from the date of the within notification and if no appeal is made within such twenty day period the assessment of the tax commissioner shall be and become final. Same, assessments. Section 27. All ad valorem taxes shall be levied and assessed on or before July 15 and shall be due and payable on September 1, in the year for which they are levied and assessed, and all taxes shall bear interest at seven per cent (7%) per annum from their due date, and said city shall have a lien upon all property of the taxpayer prior and superior to all other liens from the first day of January of the year for which such taxes are levied and assessed, except as otherwise provided by law. If such taxes are not paid on said due date then execution shall be issued in the name of the city by the clerk not later than fifteen (15) days thereafter and recorded on the general execution docket tax fi. fas. for taxes not paid when due, and proceed at once to advertise, levy and collect same as provided by law for collection of ad valorem taxes. At any such sale, the city shall have the right to purchase any such property so sold. Such tax fi. fas., however, may be sold and transferred by the clerk, with the approval of the council, for the full amount of taxes and accrued interest and costs. Said clerk, as ex-officio tax commissioner and tax receiver shall perform such other duties as may be incident to the office or the duties thereof, and such others as may be required by ordinance. Taxation. Section 28. The city council shall have power and authority to levy, assess and collect a tax upon all bonding, insurance and other capital employed therein; to impose, levy and collect a specific or occupation tax and license against factors, bankers, agents, managers of gift enterprises, and all persons exercising an occupation, profession, trade, calling or business of any nature whatever within said city; provided, such tax or license is not in conflict with the laws of this State. The said council shall have power and authority to tax all theatrical performances, circuses, street parades, exhibitions, athletic events and all other kinds of shows, entertainments, and activities within the corporate limits of the city. It shall

Page 2422

also have power and authority to levy and collect a street tax on every inhabitant of the city subject to road duty between the ages of 18 and 50 years; provided, such street tax shall not exceed three dollars per annum for each person; and provided, further, that such person may satisfy the same by working one (1) day on the streets under the direction of the city authorities; and in case of a failure to do said work or pay said street tax, the police court may enforce the same by fine and execution or compulsory labor on the streets in the discretion of the recorder as may be provided by ordinance. Oceupation and license taxes. Street tax. Section 29. The city council of said city shall have full power and authority to license, regulate and control all businesses and activities of every kind and character carried on within the corporate limits of said city, including, but not limited to, markets, taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices and such articles, barber shops and beauty shops, ice plants, laundries, waterworks, swimming pools, recreation establishments, pool rooms, opera houses, theatres, picture shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for, brokers, agents, auctioneers, itinerant dealers, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by the laws of this State. Also any person running a flying-jinny, flying-horse, merry-go-round, shooting gallery, bicycle or skating rink and all circuses, side shows and all other shows or performances exhibiting in said city, and all persons, firms, companies or corporations, selling goods, wares and merchandise by sample advertisement of retail, or by wholesale, and all other businesses, callings or vocations which under the Constitution and laws of this State are not exempt from license. Regulation of businesses. Section 30. At the first regular meeting of the city council in each year, said council shall pass and adopt, as heretofore provided, a tax or license ordinance fixing

Page 2423

a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fas. against the person, firm, association or corporation 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. 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 Peachtree City without having first procured such license and complied with all other requirements of said city relative thereto, shall be guilty of a violation of the city ordinance porovided for such license or tax and, upon conviction thereof, in the police court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and the prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation and the levy and sale of property belonging to such person, firm or corporation, thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business, within said city, requiring a license prior to May first of any year, the council shall add the sum of twenty per cent (20%) of the total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person, firm or corporation shall after May first of any year, commence, begin or engage in any business, within said city requiring a license and shall operate same for a period of thirty days without such license, the city council shall then add the twenty per cent (20%) penalty above provided. The said council shall have full power and authority to provide by ordinance, for the classification of the different classes of

Page 2424

business, pro ration of the license fee and all other rules and regulations necessary and proper in the premises. Business licenses. Section 31. The city council of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said city and in case of such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before the said council, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to said council whatever evidence he may desire touching upon the question of revocation of such license. The decision of said council of said city, revoking any such license shall be final. Nuisances. Section 32. The city council of said city shall have the power and authorty to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of cattle, hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals so impounded, shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said feed and cost of keeping said animal or animals or to dispose of such animals under such rules and regulations as may be prescribed by said council. Animals.

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Section 33. The city council of said city shall have full powers and authority to condemn property to carry out any and all lawful purposes in the furtherance of its corporate functions, both governmental and proprietary, and when the power and authority granted by this section is exercised by said council it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by section 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof which by this reference thereto is incorporated herein if set forth verbatim. This right of condemnation by the city shall extend beyond its corporate limits where the property to be condemned is needed by the city and is deemed useful by the council to afford and make available to the city such property for use in development and thereafter the operation, maintenance, repair, extension and improvement to any city facility, either governmental or proprietary. Condemnation. Without limiting the generality of the foregoing said city shall have full and complete power and authority to exercise the power of eminent domain to acquire rights to take water from navigable and non-navigable streams and from lakes and other places within and without the corporate limits of said city and within and without the County of Fayette; and to exercise such power of eminent domain to acquire land or any interest therein, within and without the corporate limits of said city and within and without the County of Fayette, necessary for water, sewer and electric lines, gas pipe lines and airport property and facilities, together with the usual and necessary appurtenances therefor, or such land or any interest therein necessary in order to lay out, grade, open, pave, straighten, maintain, elevate, lower, improve and relocate, streets, lanes, sidewalks, alleys, and ways on, in, across, along, through, under or over private property, and property already devoted to public use, and particularly Fayette County School District property; and also under, over or across the rights-of-way of public utility companies, such as railroad, express, telephone, telegraph, electric, gas, street railway, trackless trolley and

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bus companies, and all others having the right to acquire private property by exercise of the power of eminent domain or any similar power. Section 34. Said city shall have full and complete power and authority to open, lay out, grade, widen, construct, pave, re-pave, curb, and otherwise permanently improve any and all streets, sidewalks, and ways, and to maintain, relocate, repair, repave, extend, abandon or close them, and to construct, maintain, repair, replace and remove street curbing, sidewalks, alleys or ways. To provide funds for these purposes all sidewalks, curbing and service sewer construction costs, except costs of service sewers which cannot serve the abutting real estate nor the owners thereof, may be assessed against the abutting real estate and owners thereof, but only on the side of the street on which such improvements are made, if on one side only. One third of the cost of street construction may be assessed against abutting real estate and owners thereof on one side of such street, and one-third against abutting real estate and the owners thereof on the other side, the city paying the remaining third. In real estate subdivisions all street construction costs may be assessed against the abutting real estate and owners thereof. Cost of maintenance and repair of all city streets shall be paid out of the city treasury except in special cases provided for by city ordinance. Streets, etc. Section 35. Cost of sewers shall not be assessed against abutting real estate which cannot be served or benefited by such sewers which are constructed solely for the benefit of other real estate or the owners thereof other than such abutting real estate; in which latter case, the cost may be assessed against the real estate to be served for which such sewer is constructed. Sewers. Section 36. The cost of water lines may be assessed against the abutting real estate and owners thereof when such lines are constructed solely for their benefit. Water. Section 37. Provision shall be made by ordinance for all sewer, sidewalk, street or street curbing construction,

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maintenance or repairs if any part of the cost thereof is to be assessed against abutting or other real estate or the owners thereof. After the first reading of such ordinance, notice that it has been introduced shall be published one time by the clerk in the official newspaper in which sheriff's advertisements for Fayette County appear at least eight days before final passage of said ordinance. Said notice shall state that such ordinance has been introduced in the council and shall include a general description of the improvement, its location, estimated cost, and shall state that the actual cost or such part thereof as the ordinance provides, will be assessed against the abutting real estate and the owners 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 council after the expiration of said eight days. No other or further notice of any kind shall be required, but if some other notice is given or ordered to be given failure to give such additional notice shall not invalidate such ordinance or the assessment of such costs or the lien herein created against such abutting or other real estate nor the ordinance assessing the costs of such improvement. The second reading of such ordinance shall not be waived until the expiration of said eight days after said publication of notice required by this section. But after the expiration of said eight day notice such ordinances may be taken up and adopted at any regular meeting of the council without further notice. Streets, sidewalks, etc. Section 38. When the city council orders any street, sidewalk, or way paved or otherwise improved, upon which any public property abuts, the city council shall assess the cost of such improvements against said public property in the same manner and to the same extent as it does where private property is assessed. And when any street, sidewalk or alley is paved or otherwise improved upon which public property abuts and the public officer or agency controlling such public property fails or refuses to pay the assessed cost of such improvements

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the city council shall enforce payment of the same by levy and sale, mandamus or other appropriate legal proceedings; provided, such action for collection of the assessed cost of such improvements upon which public property abuts may be defended by the authorities in control of said public property by proving that the amount claimed to be due, or some part thereof, is not justly due or owing by said authorities; and, provided further, that when any action is begun and said authorities admit that part of the amount claimed is due, the amount so admitted to be due shall be paid as a condition precedent before any defense shall be heard by any court. Same. Section 39. Cost assessed against any abutting or other property and the owners thereof for sewers, sidewalks, streets, or street curbing shall, except as otherwise provided by this Act, include all cost 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 reconstructing, repaving, repairing and replacing of sewers, streets, sidewalks and street curbing, and extending, relocating and regarding for any of these, to the private property line of the property assessed. Expense of maintenance and repairs of public streets shall not be assessed against abutting real estate, but cost of maintenance and repair of sidewalks, curbing and service sewers may be so assessed. Same. Section 40. To secure costs of streets, sidewalks, sewer and street curbing assessed against abutting or other real estate and the owners thereof, and costs of repair of any of these, said city shall have a lien against such abutting real estate and the owners thereof, or against the real estate and the owners thereof for the sole benefit of which such improvement is made, from the date of adoption of the ordinance providing for the work and assessing the cost, which lien shall be prior and superior to all other except State, county and city taxes, and said city 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

Page 2429

holds against such property and the owners thereof. Nothing in this section shall be construed to deprive the property owner of the right of paying for said improvement in cash at the completion of the work if he desires to do so. Same, assessments. Section 41. When any street, sidewalk, sewer or curbing or other improvement shall be constructed, reconstructed, repaired or replaced, pursuant to an ordinance providing for the same and providing for assessment of the cost thereof, or a part thereof, against the abutting or other real estate, the owners thereof shall be allowed to pay for the same, except in case of repairs, as follows: One-fifth cash and the balance in four equal annual installments within the next four years thereafter, with interest on said deferred installments at the rate of seven per centum (7%) per annum from the date of adoption of the final assessment ordinance. Same. Section 42. Sidewalks shall be constructed on one side of a street and the cost thereof assessed against the abutting real estate and owners thereof on that side of such street if the owners of more than fifty per centum (50%) of the street frontage on that side of said street so request. Sidewalks may be constructed on either or both sides of a street, and the cost thereof shall be assessed against the abutting or real estate and the owners thereof, without the consent of any of such abutting or other real estate owners when the city council deems it proper or desirable for such sidewalks to be laid and they are not laid for the sole benefit of persons other than such abutting or other real estate owner. Sidewalks. Section 43. Costs assessed against property and the owner thereof for street, sidewalk, curbing, sewers or other like or similar work shall all become due and payable in full if any installment is not paid within sixty (60) days from the day it is due. Assessments. Section 44. The city council shall have full power and authority to enforce collection of amounts so assessed by execution against the real estate to assessed and the owner thereof at the date of the ordinance providing for

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the work, which execution, if not paid, shall be issued by the clerk of the city and levied on such real estate by the chief of police, as city marshal, or his lawful deputy, and after advertisement as in cases of sales for Peachtree 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 Fayette 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. Executions. Section 45. 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. Any bus company or other public transportation company shall also be liable for such street taxes as the council may lawfully impose. Railroads. Section 46. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1959 session of the General Assembly, a bill to incorporate a municipality in the County of Fayette to be known as Peachtree City; to provide for all matters relative thereto; and for other purposes. This 7th day of January, 1959. Grady L. Huddleston Representative, Fayette Co. H. H. Redwine, Senator 26th District
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Georgia, Fulton 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 Fayette County News, which is the official organ of said county, on the following dates: Jan. 7, Jan. 14, and Jan. 29, 1959. /s/ Grady L. Huddleston Representative, Fayette County Sworn to and subscribed before me this 29th day of Jan., 1959. /s/ W. Hayes Pickett Notary Public My Comm. Exp. Aug. 18, 1959 Approved March 9, 1959. FAYETTE COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES CREATED. No. 149 (House Bill No. 243). An Act to create a Board of Commissioners of Roads and Revenues for Fayette County; to provide for commissioner districts; 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

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the procedure connection with the foregoing; to provide for specific repeals; 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 Fayette 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. Created. Section 2. For the purposes of electing the members of the board, Fayette County is hereby divided into three roa d districts. Road District No. 1 shall be composed of the following militia districts; Fayetteville District No. 496, Europe District No. 1262, and Black Rock District No. 709. Road District No. 2 shall be composed of the following militia districts: Shakerag District No. 624, Hopeful District No. 1248, Rear Over District No. 549. Road District No. 3 shall be composed of the following militia districts: Brooks District No. 1293, Starrs Mill District No. 495, and Woolsey District No. 538. Road districts. One member from each of the three road districts shall be elected by the voters of the entire county and any person offering as a candidate to represent a road district must reside within the territorial limits of the road district from which he offered. The members of the said board shall be elected at the same time the county officers for said county are elected and shall hold office for a term of four years, the first term beginning January 1, 1961. 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 Fayette 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

Page 2433

qualified and registered to vote for members of the General Assembly. Qualifications. Section 4. Before entering upon his duties each member of the board shall take an oath to faithfully perform his duties under this Act and the constitution and laws of the State of Georgia, such oath to be administered by the Ordinary of Fayette County, Georgia. Oath. Section 5. Before entering upon the discharge of his 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 Fayette 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 Fayette 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 Fayette 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. Vacancies. Section 7. Each member of the Board shall be compensated in the amount of two dollars ($2.00) a day for each day that said member is engaged in the performance of any duties as provided in this Act. The chairman of said board in addition to his regular compensation shall

Page 2434

receive twenty-five dollars ($25.00) a month. Such compensation shall be paid from the funds of Fayette County. Compensation. Section 8. Two members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least two members of the board. At the first meeting in each year the board shall elect a chairman and a vice chairman to serve for that year. The chairman shall preside at all meetings of the board and shall serve as the executive officer of the board. In the absence of the chairman, the vice chairman shall preside. Quorum, chairman, etc. Seceion 9. The board is hereby authorized to employ a clerk to be compensated in an amount to be determined by the board, to be paid from the funds of Fayette 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 Fayetteville in said County of Fayette 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

Page 2435

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 same to be paid for by proper order from the county treasury. Meetings, audits, etc. 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 Revenues of Fayette County, Georgia. The board is hereby given complete power, authority and control relative to county matters of Fayette 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. The board shall make all purchases for Fayette County and shall make all purchases over $1,000.00 on a competitive bid basis. The board shall not expend any funds of Fayette County in payment of purchase 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 Fayette County. The report of said audit shall be in

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writing and manually signed by said accountant, and when received by the board, shall be published in the official organ of Fayette County, Georgia, with the cost of such publication at regular fees of legal advertisements to be paid out of the county treasurer 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 Fayette County for the election of county or state officers, cause to be published once in the official organ of Fayette 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. Voters. Section 16. An Act creating a Board of Commissions of Roads and Revenue in the County of Fayette, approved August 23, 1872 (Ga. L. 1872, p. 418), is hereby repealed in its entirety and the following Acts, which are amendatory of said Act, are likewise repealed in their entirety: An Act approved December 12, 1901 (Ga. L. 1901, p. 241) and an Act approved April 13, 1904 (Ga. L. 1904, p. 267). Any and all other Acts amendatory of the aforesaid Act of 1872 which have not been listed herein are likewise repealed in their entirety, and any and all relating to a Board of Commissioners of Roads and Revenue in the County of Fayette are likewise repealed in their entirety. The effective date of the repeal of the aforesaid Act and its amendatory Acts shall be December 31, 1960. The present Board of Commissioners of Roads and Revenue shall continue to perform their duties under the powers and authority of the Act of 1872 until December 31, 1960. The Board of Commissioners of Roads and Revenues created under this Act shall be authorized to be elected at the same time that the county officers for Fayette County are elected in the general election to be held in the Fall of 1960. Prior Acts repealed.

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Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Legislation. Notice is hereby given that there will be introduced at the January 1959 session of the General Assembly of Georgia: a bill to provide for three county commissioners to be elected countywide, with one commissioner from each of three commissioner districts and for other purposes Grady Huddleston H. H. Redwine Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grady Huddleston, who, on oath, deposes and says that he is representative from Fayette County, and that the attached copy of notice of intention to introduce local legislation was published in the Fayette County News, which is the official organ of said county, on the following dates: Dec. 31, 1958, Jan. 7 and 14, 1959 /s/ Grady L. Huddleston Representative, Fayette County Sworn to and subscribed before me this 29th day of January, 1959 /s/ Joe C. Underwood Notary Public Approved March 9, 1959.

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TOWN OF WATKINSVILLECHARTER AMENDED. No. 151 (House Bill No. 253). An Act to amend an Act reincorporating the Town of Watkinsville, approved August 29, 1891 (Ga. L. 1890-91, Vol. 2, p. 720), as amended by an Act approved August 17, 1929 (Ga. L. 1929, p. 1422) and an Act approved February 15, 1957 (Ga. L. 1957, p. 2134), so as to change the hours for holding elections therein; to authorize appointment of the clerk and to provide for the term of office, compensation, bond, and other duties of said clerk; 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 Watkinsville, approved August 29, 1891 (Ga. L. 1890-91, Vol. 2, p. 720), as amended by an Act approved August 17, 1929 (Ga. L. 1929, p. 1422) and an Act approved February 15, 1957 (Ga. L. 1957, p. 2134), is hereby amended by striking from section IV the figure 10 and the figure 3 and inserting in lieu thereof the figure 7, so that section IV as so amended shall read: Section IV. Be it further enacted, That all elections held in and for said town shall be at the court-house, or such other place as the mayor or mayor pro tem. shall direct, and shall be superintended by a justice of the peace and two freeholders or by three freeholders of said town, and shall conform as near as practicable to the laws governing election for the General Assembly of said State. The polls shall be opened at 7 o'clock a. m. and close at 7 o'clock p.m. The superintendents shall take an oath for the due and legal performance of their duties, and shall issue certificates as to the result of the election, which they shall return, together with the papers and ballots sealed up, to the mayor and council of said town. The mayor and council shall open the returns and declare the result in accordance with the certificates, and record the result upon the minutes. Election hours.

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Section 2. Said Act as amended is further amended by striking section X and in lieu thereof inserting the following: Section X. The mayor and council may appoint a clerk of said town. The mayor and council shall provide for the term of office, the compensation, the bond, and any and all other duties of such clerk. The bond, if any, required of the clerk shall be made payable to the council and their successors in office, conditioned upon the faithful discharge of the duties of the clerk, which bond shall be accepted and approved by the council and entered upon the minutes of said city. The amount of the bond may be increased by the council if they see proper. The premium of such bond shall be paid by said town. Clerk. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legislative Notice. Notice is hereby given 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 the following bills which will have local application: An Act to amend the charter of the Town of Watkinsville in the County of Oconee, to change the hours for holding elections to 7:00 o'clock a. m. and 7:00 o'clock p. m. To authorize the Town of Watkinsville, by and through its mayor and council, to appoint a clerk of the Town of Watkinsville, to provide for the term of office, compensation, bond, etc. of such clerk, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. H. Wells, who, on oath, deposes and says that he is representative

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from Oconee County, and that the attached copy of notice of intention to introduce local legislation was published in The Oconee Enterprise, which is the official organ of said county, on the following dates: January 2, 9, 16, 1959. /s/ H. H. Wells Representative, Oconee County Sworn to and subscribed before me this 26th day of January, 1956. G. Hughel Harrison Notary Public, Georiga, State at Large My Commisison Expires April 30, 1961. (Seal). Approved March 9, 1959. TOWN OF BOGARTELECTIONS. No. 152 (House Bill No. 254). An Act to amend an Act incorporating the Town of Bogart, approved August 24, 1905 (Ga. L. 1905, p. 670), as amended particularly by an Act approved March 6, 1941 (Ga. L. 1941, p. 1185), so as to change the hours of holding elections in said municipal corporations; 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 Bogart, approved August 24, 1905 (Ga. L. 1905, p. 670), as amended particularly by an Act approved March 6, 1941 (Ga. L. 1941, p. 1185), is hereby amended by striking from section 21 the word nine and inserting in lieu thereof the word seven, and by striking therefrom the

Page 2441

word four and inserting in lieu thereof the word seven, so that section 21 as so amended shall read: Section 21. Be it further enacted, That the annual municipal election of said town shall be held in such place in the town of Bogart as the mayor and council may direct on the first Tuesday in December of each year, and that the polls of said election shall be opened at seven o'clock forenoon and closed at seven o'clock in the afternoon. Said election shall be held under the superintendence of three freeholders of the town of Bogart, who shall be appinted at least five days before said election, and each of said managers, before entering upon his duties, shall take an oath before each other (and they are hereby authorized to administer such oaths) that he will fairly and impartially conduct such election and prevent all illegal voting to the best of his skill and power. Should any manager so appointed fail or decline to act, then the mayor shall appoint others in their stead. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legislative Notice. Notice is hereby given 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 the following bill which will have local application: An act to amend the charter of the Town of Bogart in the County of Oconee, to change the hours for holding elections to 7:00 o'clock a.m. and 7 o'clock p.m. H. H. Wells Representative, Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. H. Wells, who, on oath, deposes and says that he is representative

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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 9, 16, and 23, 1959. /s/ H. H. Wells Representative, Oconee County Sworn to and subscribed before me this 26th day of January, 1959. /s/ G. Hughel Harrison Notary Public, Georgia, State at Large My Commission Expires April 30, 1961 Approved March 9, 1959. HARRIS COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 153 (House Bill No. 265). An Act to amend an Act entitled An Act to fix the compensation of the members of the Board of Commissioners of Roads and Revenues of Harris County, Georgia, and for other purposes as approved July 27, 1921 (Ga. L. of 1921, p. 489), to fix the compensation of the members of said board, as amended, 6 March, 1939 (Ga. L. 1939, p. 623), as further amended, February 15, 1952 (Ga. L. 1952, p. 2624), and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section I of the Act of 1939, page 624 of said Act, approved March 6, 1939 appearing at page 624 of the Georgia Laws of 1939, and as further amended February 15, 1952, and appearing at page 2624

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of the Georgia Laws of 1952, fixing the compensation of the members of the Commissioners of Roads and Revenues of Harris County, Georgia, be amended as follows: Section 1 of said Act is hereby stricken in its entirety and a new section substituted therefor. Said new section to read as follows: Be it enacted that from and after the passage of this Act, that the chairman of the board of commissioners of roads and revenues of said county shall receive as compensation for his duties in connection with the office, the sum of $75.00 per month as salary and an allowance, not to exceed $75.00 per month as expenses. The two other members of said board shall each receive the sum of $50.00 per month as salary, and each shall receive the sum of $50.00 per month as expenses. The total sum to be paid said chairman shall not exceed the sum of $1800.00 per year including salary and expenses, and the total sum to be paid to each of the two remaining members of said board, shall not exceed the sum of $1,200.00 per year, including salary and expenses. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act, be and the same is hereby repealed. Notice of Local Legislation. Notice is hereby given as required by law that I will introduce a bill in the 1959 session of the Georgia Legislature to change the salary and compensation of the Commissioners of Roads and Revenue of Harris County, Georgia. /s/ W. B. Steis Representative, Harris County, Georgia Georgia, Harris County. Before me, an officer duly authorized to administer oaths, appeared W. B. Steis, who on oath deposes and

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says that he is a member of the House of Representatives from Harris County, and that the attached advertisement of notice of intention to introduce local legislation was published on January 8, 1959, January 15, 1959, January 22, 1959 and January 29, 1959 in Harris County Journal, which is the official organ of Harris County. /s/ W. B. Steis Representative, Harris County, Georgia Sworn to and subscribed before me this 29th day of January, 1959. /s/ Vera Brashears, Notary Public. (Seal). Approved March 9, 1959. CITY OF GRIFFINCORPORATE LIMITS. No. 154 (House Bill No. 266). An Act to amend the charter of the City of Griffin approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property adjacent to the present city limits, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. An Act creating the charter of the City of Griffin, approved July 21, 1921 (Ga. L 1921, p. 959), as amended, which Act defined the corporate limits of the City of Griffin, as amended, be and the same is hereby amended by extending and increasing the city limits and corporate limits and boundaries of the City of Griffin, so as to include and annex the following described property

Page 2445

which is now adjacent to the present city limits and boundaries of the present City of Griffin, Spalding County, Georgia, to-wit: Tract I: All that lot, tract or parcel of land lying, being and situated in land lot 177 of the second district of original Monroe, now Spalding County, Georgia, and more fully described as beginning at the intersection of the present city limits of the City of Griffin with the south margin of Dewey Street, and being the northwest corner of lot forty six (46) in block C of Melton subdivision and running thence in a southerly direction one hundred thirty five (135) feet to the southwest corner of said lot forty six (46); thence running in an easterly direction four hundred fifty (450) feet to the southeast corner of lot thirty eight (38) in block C of said Melton subdivision; thence in a northerly direction one hundred seventy two (172) feet to the northeast corner of said lot thirty eight (38); thence running in a northerly direction fifty (50) feet to a point on the north margin of Dewey Street; thence running in an easterly direction seven and five tenths (7.5) feet along the north margin of Dewey Street to the southeast corner of lot seven (7) block D of said Melton subdivision; thence running in a northerly direction two hundred (200) feet to the northeast corner of said lot seven (7) in block D of Melton subdivision; thence running in a westerly direction parallel with Dewey Street four hundred fifty two and five tenths (452.5) feet to the present city limits of the City of Griffin; thence running in a southerly direction two hundred (200) feet to the present city limits of the City of Griffin, to a point on the north margin of Dewey Street; thence running in a westerly direction five (5) feet along the present city limits and the north margin of Dewey Street; thence running fifty (50) feet along the present city limits to a point on the south margin of Dewey Street, the point of beginning. Reference is hereby made to a plat of survey of the above described property entitled Proposed Addition to City of Griffin dated September, 1958. The above described property includes lots one through seven (1-7) inclusive in block D, lots thirty eight through

Page 2446

forty six (38-46) inclusive in block C, and two (2) unnumbered lots, all in the Melton subdivision. Tract II: All that lot, tract or parcel of land lying, being and situate in Spalding County, Georgia, and more fully described as follows: Beginning at a point on the east side of Pine Valley Road, which said point marks the southwest corner of lot five (5) in block L of an addition to Forest Hills subdivision and running thence north along the east side of Pine Valley Road two hundred eighteen and two tenths (218.2) feet to the present corporate limits of the City of Griffin; thence in a westerly direction along the present corporate limits of the City of Griffin three hundred fifty eight (358) feet; thence in a southerly direction three hundred (300) feet to the southwest corner of lot forty four (44) in block E of said addition to the City of Griffin; thence in a northeasterly direction three hundred sixty one and nine tenths (361.9) feet, more or less, to the east side of Pine Valley Road, the beginning point. Above described property includes lots forty three (43), forty four (44) and a portion of forty one (41), all in block E of an addition to Forest Hills subdivision. Tract III: All that lot, tract or parcel of land lying, being and situate in Spalding County, Georgia, adjoining the present corporate limits of the City of Griffin and more fully described as follows: Beginning at the southwest corner of the intersection of Melton Street and the Griffin-Jackson Highway (Georgia Route 16) and running thence in a southerly direction along the present corporate limits of the City of Griffin four hundred fifteen (415) feet; thence in an easterly direction two hundred sixty two and fifty hundredths (262.50) feet; thence in a northerly direction two hundred (200) feet; thence in a westerly direction one hundred two and five tenths (102.5)) feet; thence in a northerly direction two hundred thirty three (233) feet to the southerly side of the said Griffin-Jackson highway; thence in a southwesterly direction along the southerly side of said highway and across Melton Street one hundred seventy five (175) feet to the beginning point. Above described property

Page 2447

includes lots one (1), one-A (1-A), one-B (1-B); two-A (2-A) and two-B (2-B) of the Mrs. H. B. Melton subdivision and portions of Melton Street and Dewey Street. Tract IV: All that lot, tract or parcel of land lying, being and situate in Spalding County, Georgia, and more fully described as follows: Beginning at a point on the westerly side of the Old Dixie Highway, which said point of beginning is two hundred eight (208) feet, more or less, in a northeasterly direction from the northwest corner of the intersection of the Old Dixie Highway with Tower Street and running thence along the westerly side of the Old Dixie Highway in a northeasterly direction one hundred twenty (120) feet; thence in a northwesterly direction one hundred seventy five (175) feet to the westerly side of a fifteen (15) foot alley; thence in a northeasterly direction along the westerly side of said alley one hundred fifty (150) feet to the southerly side of Beatty Street; thence in a northwesterly direction two hundred (200) feet to the southwest corner of the intersection of Beatty Street and Adams Street; thence in a northeasterly direction across Beatty Street and along the westerly side of Beatty Street two hundred fifty eight (258) feet; thence in a westerly direction one thousand four hundred twelve and two tenths (1412.2) feet, more or less, to the northwest corner of lot two (2) in block nine (9) of Beatty Hill subdivision; thence in a southerly direction four hundred fifty two and seventy three hundredths (452.73) feet to the present corporate limits of the City of Griffin; thence in a southeasterly direction along the present corporate limits of the City of Griffin one thousand six hundred two and six hundredths (1,-602.06) feet, more or less, to the beginning point. Above described property includes lots one (1) and two (2) in block nine (9); lots one (1) to fifteen (15) inclusive in block seven (7); lots fourteen (14) to twenty nine (29) inclusive in block five (5); lots six (6), seven (7), eleven (11), twelve (12), thirteen (13), fourteen (14), fifteen (15), and sixteen (16), and portions of lots five (5) and seventeen (17) in block two (2); portions of Ridge Street, Beatty Street and Adams Street, all of said lots and portions of streets being in Beatty Hill subdivision.

Page 2448

Tract V: All that lot, tract or parcel of land lying, being and situate in Spalding County, Georgia, and more fully described as follows: Beginning at the present corporate limits of the City of Griffin at the northwest corner of the intersection of Melton Street and Stallings Street and running thence in an easterly direction along the north side of Stallings Street two hundred (200) feet; thence north along the west line of lot twenty nine (29) of Melton subdivision one hundred eighty eight (188) feet to the present corporate limits of the City of Griffin; thence in a westerly direction two hundred (200) feet to the southwest corner of the intersection of Sibley Street and Melton Street; thence in a southerly direction along the west side of Melton Street one hundred eighty eight (188) feet along the present corporate limits of the City of Griffin to the point of beginning. Above described property includes lots twenty seven (27), twenty eight (28) and twenty nine (29) of the Mrs. H. B. Melton subdivision and that portion of Melton Street lying within the above described tract. Tract VI: All that lot, tract or parcel of land lying, being and situate in land lots numbers 108, 109, and 116 of the second district of originally Monroe, now Spalding County, Georgia, and more fully described as follows: Beginning at the northeast corner of said land lot 109 and running thence south along the original east land lot line of said land lot 109 one hundred fifty (150) feet, more or less, to the right of way of the Southern Railway Company; thence in a southwesterly direction along the northerly right of way of said Southern Railway Company to a point on the east right of way of a county road, this point being twenty (20) feet from the corner of land lots numbers 109, 84, 85 and 108; thence south 0 degrees 10 minutes east along the said county road two hundred one and eight tenths (201.8) feet to the property of C. W. Evans; thence north 81 degrees 39 minutes east three hundred fifty one and six tenths (351.6) feet; thence south 0 degrees 10 minutes east one hundred forty seven and seven tenths (147.7) feet; thence south 89 degrees 20 minutes west three hundred forty nine (349) feet to the east right of way of said

Page 2449

county road; thence south 0 degrees 10 minutes east along said right of way of said county road four hundred fifty one and four tenths (451.4) feet to the property of J. L. Gill; thence north 88 degrees 30 minutes east one hundred twenty nine and seven tenths (129.7) feet, more or less; thence south 0 degrees 10 minutes east three hundred thirty (330) feet; thence north 88 degrees 30 minutes east fifteen hundred eighty six and four tenths (1586.4) feet to the west right of way line of a county road; thence north 0 degrees 6 minutes east along said west right of way line three thousand four hundred seventy nine (3479) feet, more or less, to the right of way line of the Southern Railway Company; thence in a northeasterly direction along said Southern Railway right of way four hundred thirty (430) feet, more or less, to a concrete marker on the north line of land lot 116; thence west along said north line of land lot 116 two hundred forty (240) feet, more or less, to the beginning point. The above described property is bounded as follows; north by lands of Pyrofax Gas Company; southwest by Griffin Lodge of Elks No. 1207; west by a county road and property of C. W. Evans; south by property of J. L. Gill and B. Y. O'Dell; east and southeast by a county road. The above described property contains one hundred twenty four and eight tenths (124.8) acres, more or less, including the right of way of the Southern Railway Company. Section 2. Notice of intention to apply for the enactment of this Act was presented in the manner required by Article III, Sect. VII, Paragraph XV of the Constitution of Georgia, 1945, and there is hereto attached and made a part of this Act a copy of the notice, with the affidavit of the authorities stating that said notice has been presented 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. Georgia, Spalding County, Personally appeared before me, the undersigned officer

Page 2450

duly authorized to administer oaths, Arthur K. Bolton and Quimby Melton, Jr., who on oath depose and say that they are representatives from Spalding County, and that the attached copy of notice of intention to introduce local legislation was published in the Griffin Daily News, which is the official organ of said County on the following dates: January 9, 1959, January 16, 1959, January 23, 1959. /s/ Arthur K. Bolton, /s/ Quimby Melton, Jr. Representatives of Spalding County Notice of Local Legislation. Notice is hereby given that application for the passage of local legislation at the January session, 1959, of the General Assembly of Georgia, will be made, in order to amend the charter of the City of Griffin, as amended, by extending the corporate limits of said city so as to annex certain areas now outside of said corporate limits; and for other purposes. This 8th day of January 1959. /s/ J. S. Langford, City Manager, City of Griffin Sworn to and subscribed before me this 28th day of January, 1959. /s/ William R. Killian Notary Public, Glynn County, Georgia Notice of Local Legislation. Notice is hereby given that application for the passage of local legislation at the January session, 1959, 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

Page 2451

annex certain areas now outside of said corporate limits; and for other purposes. This 8th day of January, 1959. /s/ J. S. Langford, City Manager, City of Griffin Approved March 9, 1959. CITY OF GRIFFINCHARTER AMENDED. No. 155 (House Bill No. 267). An Act to amend the charter of the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, so as to provide for the establishment of a fund known as The Water, Light Sewerage Department Emergency Reserve Fund of the City of Griffin; to provide for a Board of Trustees to manage said fund; to provide for the investment of the monies of said fund; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. An Act creating the charter of the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, be and the same is hereby amended by adding thereto the following provisions so as to create a fund to be known as The Water, Light Sewerage Department Emergency Reserve Fund of the City of Griffin; to-wit: Fund created. Section 2. The Board of Commissioners of the City of Griffin shall raise and establish a fund for the repair and replacement of the equipment and facilities of the Water, Light and Sewerage systems of said city. Same.

Page 2452

Section 3. A reserve fund of one hundred thousand ($100,000.00) dollars shall be raised by payments to the trustees, hereinafter named, of such sums from the profits of the Water, Light and Sewerage Department of the City of Griffin, as may, from year to year, be determined by the Board of Commissioners of the City of Griffin by appropriate resolution, but not less than one-half () of one percent (1%) of the net profits of said departments as shown on the annual audit for the previous fiscal year. The income realized from the investment of said fund, as provided in section six (6) of this Act, shall be placed in said fund by the Trustees for reinvestment or for the purposes specified in section five (5) of this Act, until said fund shall amount to one hundred thousand ($100,000.00) dollars; thereafter, any income accruing to said fund in any fiscal year in excess of expenditures from the fund, as provided in section five (5) of this Act, during that fiscal year, shall be paid by the Trustees into the General Funds of the City of Griffin. During any fiscal year after the fund first totals one hundred thousand ($100,000.00) dollars, when the balance in said fund falls below one hundred thousand ($100,000.00) dollars, the Board of Commissioners of the City of Griffin may allocate a portion of the profits from the operation of the Water, Light and Sewerage Department of the City of Griffin to replenish said fund up to one hundred thousand ($100,000.00) dollars. Funds. Section 4. The fund so created shall be known as The Water, Light and Sewerage Department Emergency Reserve Fund of the City of Griffin. Name of fund. Section 5. The Trustees of this fund shall use said fund only: (a) to repair or replace the equipment or facilities of the Water, Light and Sewerage Department when said equipment or facilities have been damaged, or destroyed by fire, windstorm, ice storm or other act of God; (b) for any purpose where a majority of the qualified voters who vote at a special election called for that purpose, shall so direct the Trustees. Powers. Section 6. The Trustees of said fund are authorized

Page 2453

to invest the funds in their hands only in United States bonds, county or municipal bonds, Federal Savings and Loan Certificates, and savings deposits in an insured bank. Trustees. Section 7. There is hereby established, to serve without pay, a Board of Trustees of The Water, Light Sewerage Department Emergency Reserve Fund of the City of Griffin, whose duties it shall be to carry this Act into effect, to collect, disburse, manage and control said fund, and to adopt and enforce all necessary rules and regulations therefor. The Board shall consist of the Chairman of the Board of Commissioners of the City of Griffin, the city manager of the City of Griffin, and the city attorney of the City of Griffin, and their respective successors in office. The board shall elect a chairman and a secretary. The city manager shall act as treasurer. He shall give security for faithful discharge of his duties. A majority vote of the board shall control on all questions. Same. Section 8. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the some are hereby repealed. Georgia, Spalding County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Arthur K. Bolton and Quimby Melton, Jr., who on oath depose and say that they are representatives from Spalding County, and that the attached copy of notice of intention to introduce local legislation was published in the Griffin Daily News, which is the official organ of said county on the following dates: January 9, 1959, January 16, 1959, January 23, 1959. /s/ Arthur K. Bolton /s/ Quimby Melton, Jr. Representatives of Spalding County Notice of Local Legislation. Notice is hereby given that application for the passage

Page 2454

of local legislation at the January session, 1959, of the General Assembly of Georgia, will be made in order to amend the charter of the City of Griffin, as amended, by providing for a reserve fund of the Water, Light and Sewerage Department of the City of Griffin; and for other purposes. This 8th day of January 1959. /s/ J. S. Langford, City Manager, City of Griffin. Sworn and subscribed to before me this 28th day of January, 1959. /s/ William R. Killian Notary Public, Griffin County, Georgia Notice of Local Legislation. Notice is hereby given that application for the passage of local legislation at the January session, 1959, of the General Assembly of Georgia, will be made in order to amend the charter of the City of Griffin, as amended, by providing for a reserve fund of the Water, Light and Sewerage Department of the City of Griffin; and for other purposes. This 8th day of January 1959. /s/ J. S. Langford, City Manager, City of Griffin. Approved March 9, 1959.

Page 2455

CITY OF GRIFFINPOWERS OF BOARD OF COMMISSIONERS. No. 156 (House Bill No. 269). An Act to amend the charter of the City of Griffin approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, as to enlarge the powers of the board of commissioners 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 Griffin approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, is hereby amended by striking sub-paragraphs 24 and 26 of section 22 in their entirety and inserting in lieu thereof new sub-paragraphs 24 and 26 to read as follows: Section 22. Commissioners. Ordinances. Sub-paragraph 24. To lay out and open new streets and alleys in said city and to widen and extend existing streets and alleys in said city. Sub-paragraph 26. To provide by ordinance and require the paving of any street, lane or alley of said city; to provide by ordinance and require the resurfacing or repaving of any street, lane or alley; to provide by ordinance and require the paving of that portion of any street, lane or alley which may be widened or extended; and to prescribe the material to be used for that purpose and for the grading of such street, lane or alley; and for the resurfacing or repaving, recurbing and reguttering of any street, lane, or alley widened; and the manner in which the paving shall be laid; and to provide for the payment thereof, and to this end said municipality shall apportion the cost of such paving, repaving or resurfacing, widening, recurbing, reguttering and extending in such manner and amount as may seem equable and just to the board of commissioners between said

Page 2456

city and the abutting property owners on each side of such street, lane or alley, and the proportion or amount of the cost of paving, repaving or resurfacing, widening, recurbing, reguttering, extending, and grading herein provided for, as may be assessed against the abutting property, may be collected by the issuance and levy of a fi. fa. and the sale of property in the same manner as taxes are collected; Provided however, that before the cost of widening, paving, recurbing and reguttering of that portion of any street, lane, or alley already paved may be assessed against the abutting property owners, a majority of the property owners who own a majority of the front footage of that portion of the street, lane or alley to be widened and paved, reguttered and recurbed shall petition the city to widen, pave, regutter and recurb such portion. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Spalding County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton and Quimby Melton, Jr., who on oath depose and say that they are representatives from Spalding County and that the attached copy of the notice of intent to apply for local legislation was published in the Griffin Daily News, which is the official organ of said county, on the following dates: January 9, 1959, January 16, 1959, January 23, 1959. /s/ Arthur K. Bolton /s/ Quimby Melton, Jr. Representatives, Spalding County. Sworn to and subscribed before me this 28th day of January, 1959. /s/ William R. Killian Notary Public, Glynn County, Georgia.

Page 2457

Notice of Intent to Apply for Local Legislation. Notice is hereby given that an Act will be introduced at the January, 1959 session of the General Assembly of Georgia to amend the charter of the City of Griffin to enlarge the powers of the Board of Commissioners of said City so as to permit the assessing against abutting property owners for the cost of repaving or resurfacing of any street, lane or alley; the cost of widening existing pavement, recurbing and reguttering where existing paving is widened, provided that the majority of the property owners who own a majority of the front footage on that portion of the streets widened petition the City to widen said street, and for other purposes. This 8th day of January, 1959. /s/ J. S. Langford, City Manager, City of Griffin Approved March 9, 1959. TALBOT COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 157 (House Bill No. 270). An Act to amend an Act creating the office of Tax Commissioner of Talbot County, approved March 6, 1939 (Ga. L. 1939, p. 730), as amended, particularly by an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. sess., p. 2696), 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 creating the office of Tax Commissioner of Talbot County, approved March 6, 1939 (Ga. L. 1939, p. 730), as amended, particularly by an Act

Page 2458

approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. sess., p. 2696), is hereby amended by striking from section 5 the following: Twenty-four hundred ($2400.00) dollars per annum, to be paid in monthly installments of two hundred ($200.00) dollars each, and inserting in lieu thereof the following: twenty-seven hundred ($2,700.00) dollars per annum, to be paid in equal monthly installments, so that when so amended, section 5 shall read as follows: Section 5. That said Talbot County Tax Commissioner shall receive and be paid, as full compensation for any and all 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 twenty-seven hundred ($2700.00) dollars per annum, to be paid in equal monthly installments; and said tax commissioner, out of said salary, shall pay whatever clerical help it may be necessary for him to have to perform the duties of said office. The tax commissioner shall be entitled to the commissions now allowed the tax collector on all State, professional, poll and special taxes collected by him. 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 in which it otherwise becomes law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given to all concerned that at the 1959 session of the General Assembly of Georgia a bill will be introduced to provide for changing the compensation of the Tax Commissioner of Talbot County, Georgia from two hundred dollars per month to two hundred twenty five $225.00 dollars per month.

Page 2459

This the 7th day of January, 1959. Commissioners of Roads and Revenues of Talbot County, Georgia. /s/ Hinton Hendricks, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Chris Callier, who, on oath, deposes and says that he is representative from Talbot County, and that the attached copy of notice of intention to introduce local legislation was published in the Talbotton New Era, which is the official organ of said county, on the following dates: January 15, January 22, and January 29, 1959. /s/ H. Chris Callier Representative, Talbot County Sworn to and subscribed before me this 2nd day of February, 1959. (Seal). /s/ John Tye Ferguson, Notary Public. My Commission Expires Oct. 10, 1961 Approved March 9, 1959. COBB COUNTYCOMPENSATION OF CHIEF DEPUTY CLERK OF SUPERIOR COURT. No. 158 (House Bill No. 283). An Act to amend an Act relating to the abolition of the fee system in Cobb County and the fixing of salaries to the ordinary, sheriff and clerk of the superior court, approved February 9, 1949 (Ga. L. 1949, p. 427), and all amendments thereto; to provide for a chief deputy

Page 2460

clerk and for additional deputy clerks of court; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same as follows: Section 1. An Act relating to the abolition of the fee system in Cobb County and the fixing of salaries to the ordinary, sheriff and clerk of the superior court, approved February 9, 1949 (Ga. L. 1949, p. 427), and all amendments thereto, is hereby amended by deleting section 4 of said Act, as amended, and substituting in lieu thereof the following section to be known and designated as section 4: Section 4. That the Clerk of the Superior Court of Cobb County shall have a chief deputy clerk whose salary shall be $7,500.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of Clerk of the Superior Court of Cobb County shall on the date of his qualification for such office in either a primary or general election certify to the ordinary of Cobb County the name of the person he shall appoint as his chief deputy clerk in the event he is elected to the office of clerk, and the person so named and certified by the successful candidate for such office shall serve as the chief deputy clerk during the term for which he was so named. In the event the office of the clerk 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. In the event of the death or the removal of the said chief deputy clerk from office, the clerk of the superior court shall have thirty days from said date of death or removal from office of said chief deputy clerk to certify to the Ordinary of Cobb County the name of the new chief deputy clerk to be appointed by him. That in addition to said chief deputy clerk, the Clerk of the Superior Court of Cobb County shall be authorized and empowered to employ such other deputy clerks and clerical help as may be necessary

Page 2461

to perform properly the functions and duties of his office, provided, however, 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. Affidavit of Publication. 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 publisher of the Marietta Daily Journal and the Cobb County Times, the newspaper and the official organ of Cobb County, Georgia, in which sheriff's advertisements are published, and that the following is a true and correct copy of a notice of intention to apply for local legislation which notice was published in the Marietta Daily Journal and Cobb County Times on December 24, 1958 and January 1-8, 1959. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1959 session of the General Assembly of Georgia, a bill to amend the Act entitled, An Act to change the compensation of the Clerk of the superior court, the Sheriff and the Ordinary of Cobb County from the fee system to the salary system... and for other purposes. Approved February 9, 1949 (Ga. L. 1949, p. 427), and the several acts amendatory thereof; and for other purposes. This December 20, 1958. Eugene W. Holcombe, Harold S. Willingham, Raymond M. Reed, Representatives, Cobb County

Page 2462

This 17th day of January, 1959. /s/ Brooks P. Smith Publisher, Marietta Daily Journal and Cobb County Times. Sworn to and subscribed before me this 17 day of January, 1959. /s/ Yvonne Harrison Notary Public, Cobb County, Georgia (Seal). Approved March 9, 1959. CITY OF POWDER SPRINGSCORPORATE LIMITS. No. 159 (House Bill No. 284). 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), and also as amended by an Act approved February 11, 1958 (Ga. L. 1958, Vol. II, p. 2029), so as to increase the corporate limits of the City of Powder Springs; 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 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), and also as amended by an Act approved February 11, 1958 (Ga. L. 1958, Vol. II, p. 2029), is hereby amended by adding a new section to be known as section 1(a), which shall be inserted between sections 1 and 2 of said Act, which said new section shall read as follows: Section 1(a). There shall be included in the corporate limits of the City of Powder Springs, in addition

Page 2463

to the area described in section 1 of this Act, all of the area embraced within the following described parcel and tract of land that is not included in the said area described in section 1: All that tract or parcel of land lying and being in original land lots Nos. 797, 798, 799, 800, 828, 829, 830, 831, 832, 871, 872, 873, 874, 875, 876, 901, 902, 903, 904, and 946 of the 19th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point in land lot No. 876, said point of beginning being the southeast corner of a concrete bridge over Powder Springs Creek and being situated on Brownsville Road; running thence northwesterly along the east side of Powder Springs Creek 90 feet to a point; thence due north 1050 feet to the north right of way of U. S. Highway No. 278 to Dallas; running thence southeasterly along the north right of way of U. S. Highway No. 278, 277 feet to the intersection of the Old Dallas Highway; running thence south 80 degrees 15 minutes east 475 feet to the east and west land lot line between land lots 875 and 876; running thence north along the land lot lines between land lots nos. 875, 876, 827 and 828 a distance of 1478 feet to the north right of way line of the Seaboard Airline Railroad; running thence southeasterly along the north right of way of the railroad 1415 feet to the west line of land lot No. 829; thence north along said lot line 1724 feet to a point 396 feet south of the northwest corner of land lot No. 800; running thence north 88 degrees 30 minutes east and running parallel an equal distance from the north line of land lots Nos. 800, 799, 798 and 797 a distance of 4620 feet to a point in land lot No. 797 and being 396 feet south of the north line of land lot No. 797; running thence south 01 degree 30 minutes east a distance of 2950 feet to the north right of way of State Highway No. 5; running thence southwesterly along the north right of way line of State Highway No. 5, a distance of 1010 feet to the north right of way line of the Seaboard Airline Railroad; running thence northwesterly along said Railroad right

Page 2464

of way a distance of 1096 feet to the east line of land lot No. 873; said point being situated on the land lot line between land lots Nos. 872 and 873; running thence south along said land lot line to the southeast corner of land lot no. 904; running thence east along the south line of land lot No. 905 a distance of 325 feet to an iron pin; running thence south 10 degrees 15 minutes east a distance of 135 feet to a point; thence north 80 degrees 45 minutes west a distance of 340 feet to a point on the west right of way line of the Old Austell-Powder Springs road; thence northwesterly along the west right of way of said road a distance of 145 feet to a point where the south line of land lot No. 904 intersects the west right of way line of the Old Austell-Powder Springs road; thence westerly along the south line of land lots Nos. 904, 903, 902 and 901 a distance of 4310 feet to the east side of Powder Springs Creek; thence northwesterly along the east side of Powder Springs Creek a distance of 1500 feet to the southeast corner of the concrete bridge over Powder Springs Creek situated on the Brownsville Road, said point being the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed Georgia, Cobb County. I, Brooks P. Smith, do hereby certify that I am publisher and general manager of The Marietta Daily Journal, the newspaper in which sheriff's advertisements appear in Cobb County, and the attached copy of notice of intention to introduce local legislation was published in said newspaper on the following days, to-wit: January 2, January 9, and January 16, 1959. /s/ Brooks P. Smith Sworn to and subscribed before me this 22nd day of January, 1959. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia My Commission Expires September 14, 1960. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1959 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. Harold S. Willingham Raymond M. Reed Eugene W. Holcombe Cobb County Representatives Approved March 9, 1959. CITY OF ACWORTHRECORDER. No. 160 (House Bill No. 285). An Act to amend an Act establishing a new charter for the Town of Acworth, Georgia, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended, so as to provide for the election of a recorder by the mayor and councilmen; to prescribe the recorder's duties, compensation and oath; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act establishing a new charter for the Town of Acworth, Georgia, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended, is hereby amended by inserting a new section to be designated as section 13-(a) so that section 13-(a) of said Act as amended shall read as follows: Section 13-(a). The mayor and council of the City of Acworth 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 empoyees of said city. The

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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 mayor pro tem. when acting in like capacity, as specified in the charter of the City of Acworth, Georgia, 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 absent or disqualified, the mayor or mayor pro tem. 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 mayor pro tem. under and by virtue of said charter of the City of Acworth and the several amendments thereof. 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 Acworth, 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.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Cobb County. I, Brooks P. Smith, do hereby certify that I am publisher of the Cobb County Times, the newspaper in which sheriff's advertisements appear in Cobb County, and the attached copy of notice of intention to introduce local legislation was published in said newspaper on the following day, to-wit: December 25, 1958, January 1, and January 8, 1959. /s/ Brooks P. Smith
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Sworn to and subscribed before me this 28th day of January, 1959. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia My Commission Expires September 14, 1960 (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is our intention to introduce at the 1959 session of the General Assembly of the State of Georgia, a bill to amend an act of the General Assembly of Georgia, approved 1903 in Georgia Laws of 1903, Page 413, being an act creating a Charter for the City of Acworth, and the acts amendatory thereof: so as to establish a recorder's court for the City of Acworth and further to amend said charter; and for other purposes. This 17th day of December, 1958. Eugene W. Holcombe Representative Raymond M. Reed Representative Harold S. Willingham Representative Members of General Assembly Cobb County Approved March 9, 1959. DODGE COUNTYSALARY OF COMMISSIONER OF ROADS AND REVENUES. No. 161 (House Bill No. 293). An Act to amend an Act approved August 19, 1912, (Ga. L. 1912, p. 367) which Act created the office of Commissioner of Roads and Revenues for Dodge County,

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as amended by an Act approved August 20, 1925, (Ga. L. 1925, p. 630), as further amended by an Act approved August 5, 1929, (Ga. L. 1929, p. 593), as further amended by an Act approved December 29, 1937, (Ga. L. 1937-1938 Ex. Sess., p. 800), as further amended by an Act approved February 3, 1939, (Ga. L. 1939, p. 555), as further amended by an Act approved February 1, 1949, (Ga. L. 1949, p. 45), as further amended by an Act approved February 12, 1952, (Ga. L. 1952, p. 2418), and as further amended by an Act approved March 25, 1958, (Ga. L. 1958, p. 3130), by increasing the salary of the Commissioner of Roads and Revenues of Dodge County to $7,200.00 per annum; to provide how and when said salary shall be payable; 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 August 19, 1912, (Ga. L. 1912, p. 367), which Act created the office of Commissioner of Roads and Revenues of Dodge County, as amended by an Act approved August 20, 1925, (Ga. L. 1925, p. 630), as further amended by an Act approved August 5, 1929 (Ga. L. 1929, p. 593), as further amended by an Act approved December 29, 1937, (Ga. L. 1937-1938, Ex. Sess., p. 800), as further amended by an Act approved February 3, 1939, (Ga. L. 1939, p. 555), as further amended by an Act approved February 1, 1949, (Ga. L. 1949, p. 45), as further amended by an Act approved February 12, 1952, (Ga. L. 1952, p. 2418), and as further amended by an Act approved March 25, 1958, (Ga. L. 1958, p. 3130), is hereby amended by striking from section 6 of the main Act of 1912 as amended aforesaid, the words and figures forty-eight hundred dollars ($4,800.00), per annum and substituting in lieu thereof the words and figures seventy-two hundred dollars ($7,200.00) per annum, so that said section 6 as amended shall read as follows: Section 6. Be it further enacted by the authority aforesaid that said commissioner shall receive for his

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compensation to be paid out of the county treasury a salary of seventy-two hundred dollars ($7,200.00) 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 the county. 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. Said commissioner is authorized to employ a regular clerk to keep his minutes and books and perform such other duties as he may require, and said regular clerk shall receive a salary of twenty-four hundred dollars ($2,400.00) per annum to be paid at the end of each month's service. Said regular clerk shall not be ineligible to hold other official positions by reason of being such clerk, but shall be eligible to hold office of county registrar, etc., and to receive compensation therefor. Section 2. The salaries herein provided for shall be payable on the first of the month following final passage and approval of this Act and thereafter on the first day of each succeeding month. Effective date. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Dodge County. Notice is hereby given that the undersigned will apply for passage, at the January, 1959, session of the General Assembly of Georgia, a bill amending the Acts of the General Assembly of Georgia creating the office of Commissioner of Roads and Revenues of Dodge County, Georgia, and the several Acts of the General Assembly amendatory thereof so as to increase the compensation of the Commissioner of Roads and Revenues of Dodge County to the sum of $7,200.00 annually, to provide how and when the same shall be paid; and for other purposes.

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This January 12, 1959. W. S. Stuckey, Representative, Dodge County, Georgia. Georgia, Dodge County. I. E. T. Methvin, do certify that I am publisher of the Times-Journal, the official organ of Dodge County, Georgia, and that the foregoing notice was published in the said Times-Journal in the issues appearing on January 14th, 21st and 28, 1959. This January 30, 1959. E. T. Methvin E. T. Methvin Approved March 9, 1959. ACT INCORPORATING THE PRESBYTERIAN CHURCH OF THE CITY OF SAVANNAH AMENDED. No. 162 (House Bill No. 300). An Act to amend that certain act assented to December 8, 1806, entitled, An Act to Incorporate The Presbyterian Church Of The City of Savvanah, compiled and published in Ga. L. 1806, p. 38, by amending sections 2 and 5 thereof; to amend that certain act approved August 15, 1917, entitled, An Act To Validate and Confirm the amendment to the charter of The Trustees of The Presbyterian Church of the City of Savannah, commonly known as The Independent Presbyterian Church, granted by The Superior Court of Chatham County, Georgia, on the 26th day of May, 1917, compiled and published in Ga. L. 1917, p. 979; to repeal the laws and parts of laws in conflict herewith, and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Section 2 of that certain act assented to December 8, 1806, entitled An Act To Incorporate The Presbyterian Church Of The City of Savannah, compiled and published in Ga. L. 1806, p. 38, which section 2 reads as follows: Section 2. And be it further enacted, That said Trustees and their successors in office, shall be invested with all manner of property, real and personal, all monies due and to grow due, donations, gifts, grants, privileges and immunities whatsoever, which shall or may belong to the said Presbyterian Church, at the time of the passing of this act, or which shall, or may at any time, or times hereafter, be granted, given, conveyed or transferred to them, or their successors in office, to have and to hold the same to the said Trustees and their successors in office, to the only proper use, benefit and behoof of the said Church forever. And the said Trustees, their successors in office, may have and use a common seal, and shall be, and they are hereby declared to be capable, by the name and style aforesaid, of suing and being sued, impleading and being impleaded in any court or courts of law or equity, and of using and taking all lawful and necessary ways and means for recovering or defending any property whatsoever, which the said Church may have, hold, claim or demand, or the rents, issues and profits thereof, or any part thereof, is hereby amended as follows: A. By striking therefrom the words, And be it further enacted, That, and B. By placing a comma at the end of the first sentence of said section and by adding to said sentence the following: except that all gifts for benevolences and current expenses, other than endowments, trusts and estates created

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for such purposes and committed or entrusted to the Trustees, and all subscriptions paid on pledges and all offerings taken during any church service shall be under the exclusive control of the session of said Presbyterian Church. Use of funds. so that said section of said act as amended shall read as follows: Section 2. The said Trustees and their successors in office, shall be vested with all manner of property, real and personal, all monies due, and to grow due, donations, gifts, grants, privileges and immunities whatsoever, which shall or may belong to the said Presbyterian Church, at the time of the passing of this act, or which shall, or may at any time, or times hereafter, be granted, given, conveyed or transferred to them, or their successors in office, to have and to hold the same to the said Trustees and their successors in office, to the only proper use, benefit and behoof of the said Church forever, except that all gifts for benevolences and current expenses, other than endowments, trusts and estates created for such purposes and committed or entrusted to the Trustees, and all subscriptions paid on pledges and all offerings taken during any Church service shall be under the exclusive control of the session of said Presbyterian Church. And the said Trustees, and their successors in office, may have and use a common seal, and shall be, and they are hereby declared to be capable, by the name and style aforesaid, of suing and being sued, impleading and being impleaded in any court or courts of law or equity, and of using and taking all lawful and necessary ways and means for recovering or defending any property whatsoever, which the said Church may have, hold, claim or demand, or the rents, issues and profits thereof, or any part thereof. Section 2. Section 5 of said act of 1806, which section reads as follows: Section 5. And be it further enacted, That it shall not be lawful for the said Trustees or their successors

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in office, at any time or times hereafter, to grant, bargain, sell, alien or convey any real estate whatsoever, belonging to the said Church, to any person or persons under any pretense or upon any consideration whatsoever, so as to dispose of the fee simple thereof. is hereby amended as follows: A. By striking therefrom the words, And be it further enacted, That, and B. By deleting the period at the end of said section and by adding the following: without first obtaining authority from the congregation, nor shall they have the power to incur any debt in the name of the church unless specifically authorized by the congregation to do so. So that said section of said act as amended shall read as follows: Section 5. It shall not be lawful for the said Trustees or their successors in office, at any time or times hereafter, to grant, bargain, sell, alien or convey any real estate whatsoever, belonging to the said Church, to any person or persons, under any pretense or upon any consideration whatsoever, so as to dispose of the fee simple thereof without first obtaining authority from the congregation, nor shall they have the power to incur any debt in the name of the Church unless specifically authorized by the congregation to do so. Debts. Section 3. Section 1 of that certain act approved August 15, 1917, entitled An Act to validate and confirm the amendment to the charter of the Trustees of the Presbyterian Church of the City of Savannah, commonly known as the Independent Presbyterian Church, granted by the Superior Court of Chatham County, Georgia, on the 26th day of May, 1917, compiled and published in Ga. L. 1917, p. 979, which section 1 reads as follows:

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Section 1. Be it enacted by the General Assembly of the State of Georgia that the amendment to the charter of The Trustees of the Presbyterian Church of the City of Savannah, commonly known as the Independent Presbyterian Church, granted by the Superior Court of Chatham County, Georgia, on the 26th day of May, 1917, be and the same is hereby validated and confirmed, and that as provided therein, the Trustees of the said Church now in the office shall continue until the 1st day of February, 1918, and that prior to the annual meeting in 1918 the said Trustees as now constituted shall elect three Trustees, and that the members of the church at the annual meeting to be held on the third Sunday in January, 1918, shall elect two trustees to serve until February 1, 1919, and their successors shall be elected annually thereafter in the manner herein stated, that is to say, three by the Trustees in office and two by the members of the said Church. is hereby amended by adding at the end thereof the following new sentence: Only members of said church who have been active members for at least five years shall be eligible to serve as Trustees. so that said section of said act as amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia that the amendment to the charter of The Trustees of the Presbyterian Church of the City of Savannah, commonly known as the Independent Presbyterian Church, granted by the Superior Court of Chatham County, Georgia, on the 26th day of May, 1917, be and the same is hereby validated and confirmed, and that as provided therein, the Trustees of the said Church now in the office shall continue until the 1st day of February, 1918, and that prior to the annual meeting in 1918 the said Trustees as now constituted shall elect three Trustees, and that the members of the church at the annual meeting to be held on the third Sunday in

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January, 1918, shall elect two trustees to serve until February 1, 1919, and their successors shall be elected annually thereafter in the manner herein stated, that is to say, three by the Trustees in office and two by the members of the said Church. Only members of said church who have been active members for at least five years shall be eligible to serve as Trustees. Trustees. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Robbie Miller, 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 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 the acts, and those amendatory thereto, creating The Trustees of The Independent Presbyterian Church of Savannah, to amend Ga. L. 1806, p. 38, paragraphs 2 and 5, and Ga. L. 1917, p. 979, and for other purposes. Edwin Maner, Jr. City Attorney. has been published in said Savannah Evening Press, once

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a week for 3 weeks, to-wit in the regular issues of Jan. 17, 23, 29, 1959. /s/ Robbie Miller Sworn to and subscribed before me this 29 day of January, 1959 /s/ Miriam E. Kassel Notary Public, Chatham County, Ga. My Commission Expires Sept. 10, 1962 (Seal) Approved March 9, 1959. CITY OF CORDELECORPORATE LIMITS. No. 163 (House Bill No. 302). 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, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2907), so as to increase the city 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 and establishing a new charter for the City of Cordele, approved August 15, 1922 (Ga. L. 1922, p. 680), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2907) 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 territory described in section 2 of this Act, the corporate limits of the City of Cordele shall include the following described territory: (a) Lots 1, 14, 15 and 16 in block 407 of Roberts Addition as shown on a plat recorded in deed book 6,

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page 289, of the public records of Crisp County, Georgia, and shown on the official map of the City of Cordele adopted December 26, 1956, as block 406. (b) Two and three-fourths (2[frac34]) acres, more or less, lying and being in land lot 246, 10th district, Crisp County, Georgia, at Oak Avenue and First and Second Streets, Cordele, Georgia, as shown on a plat recorded in deed book 59, page 227, of the public records of Crisp County, Georgia. (c) 15.478 acres, more or less, lying and being in land lot 247, 10th district, Crisp County, Georgia, and at East Third Avenue extension as shown on plat recorded in deed book 59, page 357, of the public records of Crisp County, Georgia. (d) All that tract or parcel of land beginning at a point of 583 feet west from the northeast corner of land lot No. two hundred fifty (250), Crisp County, running west along the south side of the Blatchford Road 250 feet; thence running south 14 chains 37 links; thence east 230 feet; thence north 14 chains 37 links to the starting point; said tract containing five (5) acres of land and being in land lot No. 250 in the 10th land district of Crisp County, Georgia. Said land being purchased from J. W. Bivins of the County of Crisp, dated March 7, 1945, and corrected deed, 7th day of November, 1946, and recorded in deed book 37, page 354, public records of Crisp County, Georgia. (e) All that tract or parcel of land beginning at a point where the west right-of-way of Pecan Street intersects the north right-of-way of 21st Avenue, East and running thence north along said west right-of-way a distance of 160 feet to the center line of a 20 feet alley, thence west along said center line a distance of 182 feet to the east boundary of lot 22, block 473, Pinecrest subdivision, thence south along said east boundary to the said north right-of-way of 21st Avenue, east a distance of 160 feet, thence east along said north right-of-way a distance of 182 feet to said west right-of-way of Pecan

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Street and point of beginning; said track bounded on the east by Pecan Street, on north by center line of a 20 feet alley, on west by lot 22, block 473, Pinecrest subdivision and on south by 21st Avenue, East. As recorded in public records of Crisp County, Cordele, Georgia, in deed book 55, pages 24-25. (f) All that tract or parcel of land, lots Nos. 35, 36, 37, 38, 39 in block 646 as shown on the official city map adopted December 26, 1956, and as recorded in public records of Crisp County on plat by T. H. Bland, deed book 7, page 185. Block B with lot numbers identical. (g) All that tract or parcel of land commencing at a point on the district line between the 10th land district and 11th land district of Crisp County, Georgia, where a certain road runs through said lot east and west at Blatchford's Corner on the west line of said lot number ten (10) in said district and running east along said road 16.80 chains thence south 18.78 chains; thence west 16.80 chains; thence north along said lot line and district line to the starting point and containing 32 acres, more or less, said tract of land lying and being in land lot 10 in the 11th land district of Crisp County, Georgia, and recorded in deed book 50, page 508-509, this 29th day of December, 1953. (h) All that tract or parcel of land beginning at a point of intersection of the south right-of-way line on 24th Avenue, East, with the west right-of-way line of Third Street, South, extended, said point being marked by an iron pipe stake near the south city limits of Cordele, Georgia, which stake also marks the southwest corner of said intersection, said streets being and here more particularly declared to be an even 60 feet in width at this point, and proceeding thence along said west right-of-way of Third Street, south 2 degrees 42 minutes, east a distance of 150 feet to an iron pipe stake; proceeding thence south 88 degrees 59 minutes west a distance of 212 feet to an iron pipe stake on the boundary line of Brown property; proceeding thence 150 feet north 2 degrees 45 minutes west along said boundary line to an

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iron pipe stake in the south right-of-way line of 24th Avenue; proceeding thence 212 feet north 88 degrees 49 minutes east along said south right-of-way line of 24th Avenue to an iron pipe stake marking intersection with Third Street West right-of-way and point of beginning; said tract or parcel of land being bounded on the north by said 24th Avenue; on the east by said Third Street, on the south by lands of Brown, and on the west by lands of Brown, lying and being in land lot two hundred thirty-one (231), 10th land district, Crisp County, Georgia, and being the same property conveyed by warranty deeds from D. Lester Brown to Cordele Sash, Door Lumber Company, dated October 16, 1954, recorded deed book 52, pages 579-80; and October 19, Mrs. H. P. Brown to grantors herein, dated September 29, 1955, and recorded in deed book 55, pages 278-79, public records of Crisp County, Georgia, together with all improvements thereon, and shown on City map adopted December 26, 1956, as 12 feet of lot 15, all of 16, 17, 18, 19 and 20 in block 623. (i) All that tract or parcel of land taking as a point of beginning the point of intersection of the center line of A or Hickory Street and the center line of 26 alley in Cordele, Crisp County, Georgia, (such alley center line being also the south city limit line at this point) and proceeding 379.4 feet north 89 degrees 34 minutes west to a fence corner post marking the northeast corner of lands of D. Lester Brown; proceeding thence 580 feet south 1 degree 13 minutes west along a fence marking the east boundary of lands of D. Lester Brown to an iron pipe stake in the south right-of-way of 28th Avenue; proceeding thence 2058.1 feet south 89 degrees 34 minutes east along said south right-of-way of 28th Avenue to the point of intersection of the south right-of-way of 28th Avenue with the east right-of-way of Pecan Street; proceeding thence 480 feet north 0 degrees 30 minutes east along the east right-of-way of Pecan Street to a point; proceeding thence 60 feet north 89 degrees 34 minutes west across Pecan Street and containing 412.7 feet north 89 degrees 34 minutes west along the south boundary line of lands of Robert Beck to an iron pipe

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stake marking the southwest corner of said Beck lands; proceeding thence 100 feet north 0 degrees 7 minutes west along the west boundary line of said Beck lands to an iron pipe stake in the center line of 26th Alley (such iron pipe stake being the southeast corner of lands of Rogers M. Ware); proceeding thence north 89 degrees 34 minutes west along the south boundary line of lands of Rogers M. Ware, Mrs. Sarah Brown, I. R. Perlis and Crisp County Board of Education (J. S. Pate School) a total distance of 1198 feet to the point of beginning; the enclosed area being 26.256 acres adjoining and south of the City of Cordele and bounded further on the west by lands of D. Lester Brown, on the south by lands of Offenburg Estate and Wehlitz Estate, and on the east by lands of Mrs. Eleanor Royal Ogburn and Crisp County Board of Education (Crisp County High School) and on the north by lands of Robert Beck. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Crisp County. I, Jack 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 issues of said newspaper on January 12, January 19, January 26, in the year 1959. Signed and certified this 31st day of January, 1959. Jack Mathews, co-publisher Cordele Dispatch Sworn to and subscribed before me this 31st day of January, 1959. Whitfield R. Forrester Notary Public, Crisp County, Ga. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1959 Session of the General Assembly of Georgia a bill to amend the charter of the City of Cordele, so as to increase the citylimits of said city, to repeal conflicting laws, and for other purposes. No additional land will be brought into the city limits of Cordele under the 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 10th day of January, 1959. City Commissioners, City of Cordele Mixon and Forrester By: W. R. Forrester Attorneys for City of Cordele, Georgia. Approved March 9, 1959. DEKALB COUNTYAUTHORITY TO ADOPT AND ENFORCE ORDINANCES. No. 164 (House Bill No. 320) To be entitled an Act to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, Georgia, approved March 8, 1956 (Ga. L. 1956, Vol. II, p. 3237), so as to carry out the purpose of the amendment to Article VI, Section I of the Constitution

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of the State of Georgia of 1945 approved March 25, 1958 and ratified at the general election held November 4, 1958 (Ga. L. 1958, Vol. I, p. 582) by empowering said Board of Commissioners of Roads and Revenues of DeKalb County, Georgia to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States, for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, and for the implementation and enforcement of all duties and powers now or hereafter vested in said Board as the governing authority of DeKalb County, Georgia within the classes of subjects and areas of regulations set forth in this Act; to empower said board of commissioners to control and regulate the operation of bicycles, automobiles, motorcycles, motor scooters, buses, taxi-cabs, trucks, wagons and any and all kinds of vehicles operated in, upon, over and across the roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and public places in said county and outside the corporate limits of municipalities situated therein; to authorize said board of commissioners to regulate and control traffic, parking, size and weight of vehicles, parades and motorcades, public address systems, reckless operation of vehicles, pedestrian travel, registration of vehicles and owners and standards of mechanical safety and qualifications of owners and operators, on such streets, roads and places; to authorize said board of commissioners to adopt as county ordinances provisions of the Uniform Act Regulating Traffic On The Highways (Ga. L. 1953, Nov.-Dec. Sess., p. 556); to authorize said board of commissioners to adopt ordinances for the promotion of health and quarantine in the unincorporated areas of said county not inconsistent with general laws or regulations of the State Department of Public Health or the DeKalb County Board of Health; to empower said board of commissioners to prevent and regulate the keeping of animals and the running at large of animals in the unincorporated area of said county, including

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the impounding of animals found in violation of such ordinances; to empower said board of commissioners to levy and collect a tax upon dogs kept in said county and to provide for registration of dogs; to empower said board to prescribe penalties and punishment for violation of zoning ordinances, building codes and all other lawful ordinances adopted by said board pursuant to this or any other law in force in said county; to empower said board to provide for the preservation and protection of county property and equipment and the use of county facilities by the public; to empower said board to prescribe fire safety regulations; to empower said board to prohibit or regulate the erection of signs, bill-boards, trees, buildings and all other structures or obstructions upon or adjacent to rights of way of streets and roads in the unincorporated area of said county; to empower said board of commissioners to adopt ordinances for the prevention of idleness, vagrancy, disorderly conduct; public drunkenness, disturbing the peace, playing of lotteries in the unincorporated area of said county and all other offenses to the peace, good order and dignity of said county which do not constitute offenses against the laws of this State; to empower said board to prescribe penalties and/or punishment for the violation of any such ordinances, within the limits prescribed by this Act; to empower the Recorder's Court of DeKalb County, Georgia or other court charged with jurisdiction over offenses against county ordinances to hear and dispose of all cases arising out of the violation of any such ordinances; to vest in said board of commissioners the power to accomplish and enforce all or any of the powers granted by this Act or otherwise by laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In conformity with the amendment of Article VI, Section I of the Constitution of the State of Georgia of 1945, approved March 25, 1958 and ratified at the general election held November 4, 1958 (Ga. L.

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1958, Vol. I, p. 582) the Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, Georgia approved March 8, 1956 (Ga. L. 1956, Vol. II, p. 3237) is hereby amended by adding two sections to be known and designated as section 12-A and 12-B to be inserted between section 12 and section 13 of said Act and to read as follows: Section 12-A. In addition to all powers enumerated in the preceding section 12 of this Act, or elsewhere herein, or otherwise by law provided, permitted or allowed, the Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, is hereby empowered to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States, for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, and for the implementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of DeKalb County, Georgia, within the classes of subjects and areas of regulation enumerated below and as the same may from time to time hereafter be amended, and to provide penalties for violations of such ordinances within the limits hereinafter stated: 1. To control and regulate the operation of and running of bicycles, automobiles, motorcycles, motorscooters, buses, taxicabs, trucks, wagons and any and all kinds of vehicles operated in, upon, over and across the roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and public places in said county and outside the corporate liimts of municipalities situated therein, whether such vehicles are propelled by hand, foot, animal, steam, electric, 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 and signals at dangerous intersections or places, at schools or other public places; to prescribe and establish

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lanes and directional signs, signals and markings to control the direction of flow of traffic for all such vehicles, including limitation of travel to one direction and including markings, signals and devices to control and regulate the manner of turning at intersections; to regulate and control, as well as to prohibit entirely, the parking, stopping and standing of all such vehicles on or adjacent to such streets and public places; to impound such vehicles involved in violations of traffic ordinances or regulations; to restrict and limit the size and weight of all such vehicles operated on such streets and public places, to regulate and establish routes to be followed by trucks and other heavy or slow-moving vehicles; to regulate and control, by permits or otherwise, and to prohibit entirely the times, routes and manner of conduct of parades, motorcades and other assemblages of all such vehicles, and public address systems or other noise making devices on such streets and public places, to regulate and control the manner of operation of all such vehicles along, over and across all such streets and ways so as to prohibit and prevent the careless and reckless operation of same in such manner as would be hazardous to persons or property; to regulate and control in any and all of the foregoing respects all travel by pedestrians and equestrians along, over and across such streets, ways and public places; and to do any and all things to provide for the safety of persons and property using such roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and public places and of persons and property situated adjacent thereto; and any and all things necessary or incident to accomplishment of any of the foregoing powers, including the authority to require registration of the enumerated vehicles and of their owners and to prescribe standards of mechanical safety for such vehicles and qualifications of operators thereof. To carry out all or any of the foregoing powers said board of commissioners of roads and revenues is hereby empowered to adopt as county ordinances all or such portions of the Uniform Act Regulating Traffic On The Highways approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556) as now or hereafter amended,

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as to said board may seem appropriate and the Recorded's Court of DeKalb County may punish for violations thereof by fines and/or imprisonment not to exceed those set forth in said Act or in this Act or in the ordinance adopting same, and said board of commissioners may adopt such other and additional ordinances and regulations, not in conflict with said Uniform Act and prescribe punishment for violation of same not to exceed the limits set forth in this Act. 2. To adopt rules and regulations for the promotion of health and quarantine in the unincorporated area of said county, as are authorized by law or not inconsistent with general laws or regulations of the State Department of Public Health or the DeKalb County Board of Health, and to prescribe penalties and punishment for violations thereof, within the limits prescribed by this Act. It is not the purpose or intent of this section to interfere with or restrict the operation of the Ellis Health Law or the Dekalb County Board of Health within the un-incorporated area of DeKalb County, but to provide for the implementation of same through the ordinances of said board of commissioners of roads and revenues, and to further promote adequate health and quarantine provisions in said county, and to this end said board of commissioners of roads and revenues is authorized to adopt all or any portion of the regulations of said DeKalb County Board of Health, as the same may be amended from time to time, and to prescribe additional regulations not inconsistent therewith, and to prescribe penalties and punishment, within the limits permitted by this Act, for violation of any such ordinances and regulations, which penalties and punishments may be enforced and imposed by the Recorder's Court of DeKalb County or other court having jurisdiction over offenses against county ordinances. Said health and quarantine powers shall extend to and embrace the health and quarantine of animals as well as persons. 3. To prevent dogs, horses, mules, cattle, hogs, sheep, goals, chickens and all other animals, or any one or more kinds of such animals, from running at large in the un-incorporated

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area of said county; to prevent the keeping of any animal or animals or to regulate the manner and numbers in which they may be kept; to take up and impound any of such animals and to punish all owners or other persons keeping animals for failure or refusal to obey any such ordinance and to fix penalties and charges to be paid for release of such impounded animals; to provide for the sale or disposition of unclaimed animals impounded; to levy and collect a tax upon dogs kept in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this section for the public interest. 4. To prescribe penalties and punishment within the provisions of this Act for the violation of zoning ordinances, building codes (including electrical, plumbing, heating, and air conditioning regulations) and all other lawful ordinances adopted by said board of commissioners of roads and revenues pursuant to this or any other law in force in said county. 5. To provide ordinances for the preservation and protection of county property and equipment and the administration and use of county facilities, such as parks, playgrounds and swimming pools, by the public, and to prescribe penalties and punishment for violations thereof. 6. To prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof. 7. To prohibit or regulate and control the erection and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads within the unincorporated area of said county, and to prescribe penalties and punishment for violation of such ordinances. 8. To adopt ordinances and regulations for the prevention

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of idleness, loitering, vagrancy, disorderly conduct, public drunkenness and disturbing the peace in the unincorporated area of said county and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within said area of DeKalb County which, while not constituting an offense against the general law of this State, is deemed by said board of commissioners to be detrimental and offensive to the peace, good order and dignity of DeKalb County and to the welfare and morals of the citizens thereof. Section 12-B. The Board of Commissioners of Roads and Revenues of DeKalb County is hereby authorized and empowered to adopt ordinances prescribing penalties and/or punishment for violation of any and all ordinances adopted by said board to carry out any of the provisions of the foregoing section 12-A or the provisions of any other law, and to prescribe minimum and maximum penalties and/or punishment for violation of same, except that the same shall in no event exceed a fine of two hundred dollars, imprisonment in the county jail for ninety days, and labor on the works gang for sixty days for any single offense, and such ordinances may prescribe all or any part of any one or more of the foregoing penalties and/or punishment as a minimum and/or maximum sentence for conviction of such violation. Section 2. The Board of Commissioners of Roads and Revenues of DeKalb County are hereby vested with all powers necessary and incident to accomplishment and enforcement of any of the foregoing powers and duties. Section 3. Should any section or part of a section of this Act be declared to be unconstitutional or invalid for any reason, the same shall not affect the remainder of this Act or any part thereof other than the part so held to be invalid. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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Section 5. Notice of intention to apply for the passage of this local Bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly as required by law. Attached hereto and made a part of this Bill is a copy of said notice, accompanied by an affidavit of the authors to the effect that said notice has been published as provided by law. Affidavit. Georgia, DeKalb County. Personally appeared before me, the undersigned attesting officer authorized to administer oaths, James A. Mackay, Guy W. Rutland, Jr., and W. Hugh McWhorter, who on oath depose and say that they are representatives from DeKalb County, Georgia and authors of the attached Bill, and that the following notice of intention to introduce local legislation was published in the DeKalb New Era, which is the official organ of DeKalb County, Georgia, on the following days: January 1, 1959, January 8, 1959, and January 15, 1959. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1959, session of the General Assembly of Georgia a Bill to amend an Act approved March 8, 1956 (Ga. L. 1956, p. 3237) creating a chairman and Board of Commissioners of Roads and Revenues for DeKalb County, Georgia, so as to re-define the commissioner districts therein created; to provide a new method of filling vacancies in said offices; to empower said board to adopt ordinances for the governing and policing of said county, to provide penalties for the violation thereof, to authorize the licensing and regulation of businesses and the levying of license taxes, and to establish and create a county recorder's court, all in accordance with the amendment to Section I of Article VI of the Constitution ratified November 4, 1958 (Ga. L., 1958, p. 582);

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to repeal conflicting laws; and for other purposes. This 29th day of December, 1958. W. Hugh McWhorter Guy W. Rutland, Jr. James A. Mackay Representatives, DeKalb County /s/ W. Hugh McWhorter /s/ Guy W. Rutland, Jr. /s/ James A. Mackay Sworn to and subscribed before me this 4th day of February, 1959. /s/ Janette Hirsch Notary Public. (Seal). Approved March 9, 1959. CITY OF BERKELEY LAKECHARTER AMENDED. No. 165 (House Bill No. 338). An Act to amend an Act to create and incorporate a new municipality in Gwinnett County, Georgia, to be known as the City of Berkeley Lake, to provide a charter for, and to declare the rights, powers and privileges of said municipality, and of its officers, and for other purposes, (Ga. L. 1956, p. 2805, et seq.), and an Act to incorporate the City of Berkeley Lake, (Ga. L. 1953, Nov.-Dec. Sess., P. 2894, et seq.), as amended, to empower the City of Berkeley Lake to grant franchises, easements and rights of way in the City of Berkeley Lake and in, on and under its public streets, alleys and other public places, to permit utilities, public or private, and water works, to serve persons in said City of Berkeley Lake; to ratify and approve

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any such franchises, easements and rights of way heretofore granted; to issue municipal bonds and revenue certificates for the payment of its debts; for the payment of costs of public improvements, including the erecting and acquiring of any public buildings, the establishing, the erecting, equipping and maintaining of any water system, sewage system, and the paving of streets and roads in said city; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The charter of the City of Berkeley Lake, (Ga. L. 1956, p. 2805, et seq.), and the charter of Berkeley Lake, (Ga. L. 1953, Nov.-Dec. Sess., p. 2894, et seq.), as amended, are hereby further amended by adding thereto an additional section as follows: The said city, through its mayor and council, shall have the power and authority to grant franchises, easements, and rights of way in the City of Berkeley Lake and in, on and under its public streets, alleys and other public places, to permit utilities, public or private, and water works, to serve persons in said City of Berkeley Lake. Easements. Any and all franchises, easements and rights of way granted heretofore by the City of Berkeley Lake to any utilities, public or private, or to any water works, are hereby ratified, confirmed and approved. Section 2. The City of Berkeley Lake, may and is hereby authorized to issue municipal bonds and revenue certificates for municipal purposes, for the payment of its debts, and for payments of the costs of public improvements including the erecting and acquiring of any public buildings, and the establishing, erecting, equipping and maintaining of any water system, sewage system, and the paving of streets and roads, as may be needed in said city, in the manner and subject to the limitations provided by the laws and constitution of this State. Bonds.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the undersigned intend to apply to the General Assembly of Georgia at the January, 1959, session thereof for an amendment to the charter for the City of Berkeley Lake, giving to said city the power to grant franchises, easements and rights of way in the City of Berkeley Lake and in, on and under its public streets, alleys and other public places, to permit utilities, public or private, and water works, to serve persons in said City of Berkeley Lake; to ratify and approve any such franchises, easements and rights of way heretofore granted; to issue municipal bonds and revenue certificates for the payment of its debts; for the payment of costs of public improvements, including the erecting and acquiring of any public buildings, the establishing, the erecting, equipping and maintaining of any water system, sewage system, and the paving of streets and roads in said city; and for other purposes. This 8th day of January, 1959. /s/ H. A. Grumann Mayor, City of Berkeley Lake Notice. Notice is hereby given that the undersigned intend to apply to the General Assembly of Georgia at the January, 1959, session therefor for an amendment to the charter for the City of Berkeley Lake, giving to said city the power to grant franchises, easements and rights of way in the City of Berkeley Lake and in, on and under its public streets, alleys and other public places, to permit utilities, public or private, and water works, to serve persons in said City of Berkeley Lake; to ratify and approve any such franchises, easements and rights of way heretofore granted; to issue municipal bonds and

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revenue certificates for the payment of its debts; for the payment of costs of public improvements, including the erecting and acquiring of any public buildings, the establishing, the erecting, equipping and maintaining of any water system, sewage system, and the paving of streets and roads in said city; and for other purposes. This 8th day of January, 1959. /s/ H. A. Grumann Mayor, City of Berkeley Lake Georgia, Gwinnett Count. Personally appeared before the undersigned authority Dan R. Eden, who, first being duly sworn, deposes and says on oath that the above and foregoing notice, of intention to apply for the passage and approval of the Act described therein, was published and appeared in the News Herald, which is the official organ of Gwinnett County, Georgia, and is the newspaper in which sheriff's advertisements for that county are published, once a week for three weeks during a period of 60 days immediately preceding its introduction into the General Assembly, and specifically on the following dates: Jan. 15, 1959, Jan. 22, 1959, Jan. 29, 1959. Dan B. Eden Managing Editor News Herald Lawrenceville, Ga. Sworn to and subscribed before me, this 30 day of January, 1959. Chas. C. Pittard, Notary Public, Gwinnett County, Ga. (Seal). Approved March 9, 1959.

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CHEROKEE COUNTYCOMPENSATION OF COUNTY OFFICERSREFERENDUM. No. 166 (House Bill No. 340). An Act to change from the fee to the salary system in Cherokee County, the sheriff, the clerk of the superior court, the tax commissioner 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 decrease the duties of the ordinary; 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 sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County shall be paid a salary in lieu of all fines, forfeitures, percentages, penalties, allowances and all other perquisites of whatever kind which are now or hereafter allowed by law to be received or collected as compensation for services by any of said officials or their deputies, including compensation received or collected by such officials or deputies for services as bailiff or as an ex officio officer by virtue of their respective office. Fee basis abolished. Section 2. The sheriff of Cherokee County shall be compensated in the amount of eight thousand dollars ($8,000) per annum, to be paid in equal monthly installments from the funds of Cherokee County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff, provided that the sheriff shall still receive the seizure fees. The sheriff shall appoint two deputies, one who shall be compensated in the amount of four thousand two hundred dollars ($4,200.00) per annum, the other to receive three thousand six hundred dollars ($3,600.00) per annum, both to be paid in equal monthly installments from the funds of Cherokee County. The sheriff shall also appoint one office clerk who shall be compensated

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in the amount of two thousand nine hundred dollars ($2,900.00) per annum, to be paid in equal monthly installments from the funds of Cherokee County. The sheriff may hire such extra deputies as is necessary. Such deputies shall be paid by the commissioner of roads and revenues upon being presented with a statement in the form of an affidavit from the sheriff to the effect that a stated amount is due the named person for services rendered; provided, that, in no calendar year, the commissioner of roads and revenues shall pay more than one thousand dollars ($1,000.00) for all such extra deputies. The sheriff and his deputies shall furnish their own cars and shall be paid six (6) cents per mile as mileage expenses for use of their automobiles, by the sheriff's office, in the performance of duties thereof. Such mileage allowance shall be paid by the commissioner of roads and revenues upon presentation of an itemized expense account in the form of an affidavit by the sheriff to said commissioner. In the event that county police are employed, the sheriff shall no longer have the three thousand six hundred dollars ($3,600.00) per year deputy nor shall the one thousand dollars ($1,000.00) per calendar year be available for extra deputies. Provided that the sheriff and the three thousand six hundred dollars ($3,600.00) per year deputy shall receive thirty (30) days notice from the commissioner of roads and revenues as to the employment of county police. In the event such notice is not given thirty (30) days prior to the employment of said county police, the three thousand six hundred dollars ($3,600.00) per year deputy shall receive pay for thirty (30) days from the time said notice is given. The sheriff shall receive from county funds, for each prisoner confined in the common jail, one and onehalf ($1.50) dollars per day to feed said prisoner. Sheriff and deputies. 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 Cherokee 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,

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who shall be compensated in the amount of three thousand two hundred ($3,200.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. The clerk shall appoint one clerical assistant, who shall be compensated in the amount of two thousand seven hundred ($2,700) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Clerk of Superior Court. Section 4. The ordinary shall be compensated in the amount of four thousand two hundred ($4,200.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the ordinary. The ordinary of Cherokee County shall no longer have jurisdiction of cases involving the driving of a motor vehicle while under the influence of intoxicants or drugs. Ordinary. Section 5. The tax commissioner shall be compensated in the amount of eight thousand dollars ($8,000.00) per annum, to be paid in equal monthly installments from the funds of Cherokee County. He shall receive in addition to this $8,000.00 the commission of ten per cent (10%) on all amounts collected in excess of ninety per cent (90%) of the total taxes due as provided by law. He shall not receive any commission on the collections between eighty per cent (80%) and ninety per cent (90%). Such compensation shall be in lieu of all other fees, costs and perquisites of whatever kind heretofore received by the tax commissioner. Tax Commissioner. Section 6. All fees, commissions, costs and all other perquisites collected by the aforesaid officials, except the exceptions listed above, shall be the property of Cherokee County and once each month, by the 10th of the month following, shall be turned over to the fiscal authority of said county with a detailed, itemized statement in affidavit form showing the sources from which such fees, commissions, costs and other perquisites were collected. Fees.

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Section 7. An annual audit shall be made of the sheriff's, the clerk's, the tax commissioner's and the ordinary's office, and such audit shall be made by a certified public accountant selected by the Commissioner of Roads and Revenues of Cherokee County. The cost of such audits shall be paid from the funds of Cherokee County. The first such audit shall cover the period from July 1, 1959 through December 31, 1959 and shall be completed prior to January 15, 1960. Audits. Section 8. The provisions of this Act shall become effective on July 1, 1959, if approved in the referendum election provided for hereinafter. Effective date. Section 9. Not less than 15 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 Cherokee County to issue the call for an election for the purpose of submitting this Act to the voters of Cherokee County for approval or rejection. The ordinary shall set the date of such eelction for the first Saturday in April. Referendum. 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 Cherokee County. The ballot shall have written or printed thereon the words: For approval of the Act placing the Sheriff, the Clerk of the Superior Court, the Tax Commissioner, and the Ordinary of Cherokee 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, the Tax Commissioner and the Ordinary of Cherokee 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

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a majority of the votes cast on such question are for approval of the Act, 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, it shall be void and of no force and effect. The expense of such election shall be borne by Cherokee 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 10. All laws and parts of laws in conflict with this Act are hereby repealed. Bill Changing Officers From Fee Again Coming Up. Notice is hereby given that there will be introduced at the January 1959 session of the General Assembly of Georgia, bills to change from a fee to a salary system the Clerk of the Superior Court, the Ordinary, the Sheriff and the Tax Commissioner of Cherokee County; and for other purposes. This 1st day of January 1959. Carl Barrett, Representative, Cherokee County Andy Roach, Senator 39th District 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

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the official organ of said county, on the following dates: January 1, 8, and 15, 1959. Carl Barrett Representative, Cherokee County. Sworn to and subscribed before me this 3 day of February, 1959. G. Hughel Harrison Notary Public, Georgia, State at Large. My Commission expires April 30, 1961. (Seal). Approved March 9, 1959. CITY OF COLLEGE PARKCORPORATE LIMITS, REFERENDUM. No. 167 (House Bill No 341). 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 City of College Park, to prescribe its limits, extending them so as to take in a

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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: A certain piece or parcel of land located in land lot 8 and land lot 25 of the 13th district, Clayton County, Georgia, and being more particularly described as follows: Beginning at a point on the south line of land lot 8 where said land lot line intersects the west boundary line of the Atlanta Municipal Airport; thence south 0 degrees 38 minutes west, and along said airport property line, two hundred eighty and thirty-seven one hundredths (280.37) feet; thence south 0 degrees 1 minute west, two hundred twenty-eight (228) feet; thence south 0 degrees 14 minutes west, five hundred seventy-nine and two-tenths (579.2) feet; thence south 0 degrees 34 minutes west, two hundred fifty nine and nine-tenths (259.9) feet; thence north 89 degrees 19 minutes west, two hundred (200) feet; thence south 0 degrees 55 minutes west, two hundred eighty (280) feet; thence south 89 degrees 59 minutes west, five hundred sixteen and nine-tenths (516.9) feet, to the east right of way line of Harrison Road; thence continuing along same course to the west right of way line of said Harrison Road, said point being in the present city limit line; thence north along the west right of way line of said Harrison Road and being along the present city limit line to where said line intersects the boundary line of aforementioned Atlanta Municipal Airport; thence southeasterly and along said airport boundary line to the point of beginning. Corporate limits.

Page 2501

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 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. 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

Page 2502

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 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

Page 2503

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 in Altanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 2, 9, 16, 23, 30th days of December, 1958, as provided by law. Frank Kempton 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 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 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 1, 1958. City of College Park By: Henry G. Crawford 912 N. W. Main St. College Park, Ga. Subscribed and sworn to before me this 5th day of January, 1959. Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1959. (Seal).

Page 2504

Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Jack Troy, who being first duly sworn, according to law, says that he is the 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 10th day of December, 1958, and once each week thereafter for four (4) weeks as provided by law. Jack Troy 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 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 its limits, etc., to provide for a mayor and councilmen, prescribed their powers and duties, and for other purposes', and the several acts amendatory there-, of and for other purposes. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga.
Page 2505

Sworn to and subscribed before me, this 6th day of January, 1959. Sybil S. Foster Notary Public, Clayton County, Georgia. My Commission expires June 4, 1952. (Seal). Approved March 9, 1959. CITY OF McRAECORPORATE LIMITS. No. 168 (House Bill No. 345). An Act to amend an Act approved August 1, 1918 (Ga. L. 1918, p. 745) as amended, amending an Act creating a new charter for the City of McRae, so as to extend 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 approved August 1, 1918 (Ga. L. 1918, p. 745) as amended, amending an Act creating a new charter for the City of McRae, is hereby amended by adding a new section, to be known as section 3B, to read: Section 3B. In addition to the territory now embraced in the corporate limits of the City of McRae the following described property shall also be included within the corporate limits of said city: All that tract or parcel of land consisting of all of original land lot number 158 and portions of land lots 141, 142, 159 and 160 in the 10th land district of Telfair County, Georgia, and contained within the following lines, to-wit: Beginning at the north corner of said land lot no. 158 and run thence south 46 degrees east 2981 feet along the northeast line of said lot to the east corner of said lot, thence continuing south 46 degrees

Page 2506

east 3188 feet along the northeast line of land lot 159 to the east corner thereof, thence continuing south 46 degrees east 665 feet to a stake on the northeast line of land lot 160, thence south 44 degrees west 668 feet to a stake, thence north 46 degrees west 665 feet to a stake on the northwest line of land lot 160, thence south 44 degrees west 336 feet to a stake on the southeast line of land lot 159, thence north 46 degrees west 1792 feet to a stake on the southeast boundary of Third Avenue (also known as State highways 30 and 31), thence south 28 degrees west along said highway boundary 2046 feet to a stake, thence continuing along the east boundary of State highway 31 as the same makes a 3 degree curve 1310 feet to a stake, thence continuing along said highway boundary south 19 degrees east 778 feet to the point of intersection of the south boundary of the Sharon Road with the east boundary of State highway no. 31, thence south 64 degrees west 1980 feet along the south boundary of said Sharon Road to a stake on the southwest line of lot 142, thence north 46 degrees west 2858 feet along said lot line to the west corner of said lot, thence north 44 degrees east 3169 feet to the north corner of said lot, thence north 46 degrees west 2985 feet along the southwest line of lot 158 to the west corner of said lot and thence north 44 degrees east 3007 feet to the north corner of said lot 158, the point of beginning; said land lying in one solid body of land consisting of 205.92 acres of land lot 158, 151.32 acres of land lot 159, 10.19 acres of land lot 160, 7.24 acres of land lot 141 and 204.40 acres of land lot 142 and containing in the aggregate 579.07 acres of land; said property being more particularly described and delineated by reference to a plat of survey thereof by H. G. McCranie, Surveyor, dated December 24, 1958. Also all that tract or parcel of land consisting of 30.60 acres of original land lot 203 and 65.75 acres of original land lot 202 in the 10th land district of Telfair County, Georgia, and contained within the following lines, to-wit: Beginning at the south corner of original land lot 203 and running thence north 46 degrees west along

Page 2507

the southwest line thereof 1960 feet to a stake, thence north 33 degrees east 690 feet to a stake, thence south 46 degrees east 2080 feet to a stake on the northwest line of land lot 202, thence north 44 degrees 758 feet along the northwest line of land lot 202 to a stake, thence south 46 degrees east 2020 feet to a stake, thence south 44 degrees west 1418 feet to a stake on the southwest line of land lot 202, thence north 46 degrees west 2020 feet along said lot line to the west corner of lot 202, the point of beginning; said land containing in the aggregate 96.35 acres and being more particularly described and delineated by reference to a plat of survey thereof by H. G. McCranie, Surveyor, dated December 24, 1958. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given of my intention to introduce a local bill at the next 1959 session of the General Assembly of the State of Georgia, at the request of the governing authorities of the City of McRae. The proposed local bill will amend the present charter of the City of McRae, Georgia, by extending the corporate limits thereof. This 8 day of December, 1958. Wimbric Walker, Representative, Telfair County, Georgia Georgia, Telfair County. In person before the undersigned authority comes W. L. Bowen, who, being sworn, deposes and says that he is the owner and publisher of the Telfair Enterprise; that the same is a newspaper published in McRae, Telfair County, Georgia; that said newspaper is one of general circulation; that the same is the newspaper in which sheriff's advertisements for Telfair County, Georgia, are published; and deponent says that the following

Page 2508

notice hereto attached as a part hereof was published in said newspaper on the following dates: December 11, 18 and 25, 1958. W. L. Bowen Sworn to and subscribed before me this 15th day of January, 1959. *[See Enrolled Act]. Notary Public, Georgia, State at Large. My Commission expires Sept. 19, 1959. (Seal). Approved March 9, 1959. CITY OF COLLEGE PARKCORPORATE LIMITS, REFERENDUM. No. 169 (House Bill No. 346). 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 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),

Page 2509

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: A certain parcel of land in land lot 58, 13th district, Clayton County, Georgia, and more particularly described as follows: Beginning at a point on the north line of land lot 58, said point lying eight hundred ninety-seven and four-tenths (897.4) feet east of the east right of way line of West Fayetteville Road, and said point being the southeast corner of Sherwood Circle subdivision, and said point being a corner in the city limit line of the City of College Park; thence south a distance of eleven hundred and fifty (1150) feet, more or less, to the northeast corner of the C. E. and Elizabeth Haynes Bailey property, said corner also being a corner in the city limit line of the City of College Park; thence westerly and northerly along the present City of College Park corporate limit line to the east right of way line of West Fayetteville Road; thence northeasterly along the east right of way line of West Fayetteville Road and the present City of College Park city limit line to the north line of said land lot 58; thence easterly along the north line of said land lot 58 and the present City of College Park city limit line eight hundred ninety-seven and four-tenths (897.4) feet to the point of beginning. Corporate limits. Section 2. The jurisdiction of the City of College Park, the municipal corporation aforesaid, is hereby extended over all the territory included within the boundaries above described in section 1 of this Act, and the 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

Page 2510

within the limits of said municipality as extended by section 1 of this Act. The power and authority of the officers of said municipality and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality are made coextensive with the limits as extended by section 1 of this Act. The power of taxing property and of fixing and regulating licenses for businesses; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of section 1 of this Act. 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. 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 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

Page 2511

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 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,

Page 2512

of which the annexed is a true copy, was published in said paper on the 2, 9, 16, 23, 30th days of December, 1958, as provided by law. Frank Kempton Subscribed and sworn to before me, this 5th day of January, 1959. Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1959. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 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 1, 1958. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga. Publisher's Affidavit. State of Georgia, County of Clayton. Before me, the undersigned, a notary public, this day

Page 2513

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 10th day of December, 1958, and once each week thereafter for four (4) weeks as provided by law. Jack Troy Sworn to and subscribed before me, this 6th day of January, 1959. Sybil S. Foster, Notary Public, Clayton County, Georgia. My Commission Expires June 4, 1962. 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 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 alws and amendments to laws heretofore passed incorporating the City of Manchester, to its limits, etc., to provide for a mayor and councilen, prescribe their powers and duties, and for other purposes', and the several acts amendatory thereof, and for other purposes. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga. Approved March 9, 1959.

Page 2514

TELFAIR COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 170 (House Bill No. 347). An Act to amend an amendment to an Act approved February 23, 1953, January-February session 1953, which amended an Act approved Febraury 12, 1945, pp. 630, 631 and 632, and in which amended Act of the amendment of Acts of 1945, pp. 630, 631 and 632 provided an increase in the salary of the Tax Commissioner of Telfair County; so that this amended Act shall affect, increase and change the salary of the Tax Commissioner of Telfair County; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act to amend the Act entitled The Act to abolish the offices of Tax Receiver and Tax Collector of Telfair County, Georgia, etc., approved December 29, 1937 (Ga. L. 1937-1938, pp. 892-899) as amended and approved February 23, 1953, (Ga. L. Jan.-Feb. Sess. 1953, pp. 2527 and 2528), is hereby amended by striking the figures $5,400 in section 1 of said Act approved February 23, 1953, (Ga. L. Jan.-Feb. Sess. 1953, pp. 2527 and 2528), and inserting in lieu thereof the figures $7,200. Section 2. By striking the figures $5,400 in section 2 of said Act, approved February 23, 1953, (Ga. L. Jan.-Feb. Sess. 1953, pp. 2527 and 2528), and inserting in lieu thereof the figures $7,200 and by also striking from said section 2 of said Act the figures $450.00 and inserting in lieu thereof the figures $600.00. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Affidavit of publication of notice of local legislation

Page 2515

as required by law is attached to enrolled copy of the foregoing Act. Georgia Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wimbric Walker, who, on oath, deposes and says that he is representative from Telfair County, and that the attached copy of notice of intention to introduce local legislation was published in the Telfair Enterprise, which is the official organ of said county, on the following dates: Dec. 11, 18 and 25th, 1958. /s/ Wimbric Walker Representative Telfair County Sworn to and subscribed before me this 3rd day of February, 1959. /s/ Adele Keyes Notary Public My Commission Expires March 27, 1962 (Seal) GeorgiaTelfair County. Notice is hereby given that I shall introduce, at the next session of the General Assembly of Georgia, a local bill affecting Telfair County as follows to-wit: A bill to provide for clerical help in the office of Tax Commissioner of Telfair County; to provide for compensation for such services; to provide the duties of such clerical help; to provide for the compensation to be paid the tax commissioner of said county, and for other purposes.

Page 2516

This 9th day of December, 1958. Wimbric Walker Representative Telfair County, Georgia Approved March 9, 1959. CITY OF COLLEGE PARKCORPORATE LIMITS, REFERENDUM. No. 171 (House Bill No. 359). 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 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, 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 effective January 1, 1962 the corporate limits of said City of College Park, the municipal corporation aforesaid, be and the same are hereby extended beyond

Page 2517

its present boundaries as now defined so as to include the following territory, to-wit: A certain parcel of land in land lots 28 and 37, 13th district, Fulton County, Georgia, and more particularly described as follows: All that part of land lot 28 lying south of north right of way line of Roosevelt Highway, or U. S. Highway 29; also all that part of land lot 37 lying south of the north right of way line of Roosevelt Highway, or U. S. Highway 29, not now within the corporate limits of the City of College Park. Corporate limits. Section 2. The jurisdiction of the City of College Park, the municipal corporation aforesaid, is hereby extended over all the territory included within the boundaries above described in section 1 of this Act, and the 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 death, 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. 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

Page 2518

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. 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 approvel 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. 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

Page 2519

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 2, 9, 16, 23, 30th days of December, 1958. As provided by law. Frank Kempton 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 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 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 2520

This December 1, 1958. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga. Subscribed and sworn to before me this 5th day January, 1959. Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959 (Seal) 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 10th day of December, 1958, and once each week thereafter for four (4) weeks as provided by law. Jack Troy Sworn to and subscribed before me, this 6th day of January, 1959. Sybil S. Foster Notary Public, Clayton County, Georgia My Commission Expires June 4, 1962 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 1959 session of the General Assembly of Georgia,

Page 2521

convening in January, 1959, 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 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. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga. Approved March 9, 1959. CITY OF COLLEGE PARKCORPORATE LIMITS, REFEDENDUM. No. 172 (House Bill No. 360). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, 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

Page 2522

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, approved December 16, 1895, (Ga. L. 1895), and all amendments thereto, be and the same are hereby amended as follows: 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 certain parcel of land in land lot 60, 13th district Fulton County, Georgia, and more particularly described as follows: Beginning at the northwest corner of land lot 60, said point being in the present city limit line; thence south along the west line of said land lot thirteen hundred and eighty (1380) feet, more or less, to the north right of way line of the west-east circumferential interstate U. S. Highway; thence north eighty-nine (89) degrees forty-six (46) minutes east, and along the north right of way line of said highway and its projection three thousand and forty (3040) feet, more or less, to the east line of said land lot 60, said point being in the present city limit line of the City of College Park; thence north along the east line of land lot 60 to the northeast corner of said land lot; thence west along the north line of land lot 60 to the northwest corner of said land lot and the point of beginning. Corporate limits. Section 2. The jurisdiction of the City of College Park, the municipal corporation aforesaid, is hereby extended over all the territory included within the boundaries above described in section 1 of this Act, and the 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

Page 2523

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 assessments, taxes and licenses are due as now prescribed 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. 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 become 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. Referendum.

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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 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 2, 9, 16, 23, 30th days of December, 1958. As provided by law. Frank Kempton

Page 2525

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 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 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 1, 1958. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga. Subscribed and sworn to before me this 5th day of January, 1959. Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959 (Seal) 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

Page 2526

a true copy, was published in said paper on the 10th day of December, 1958, and once each week thereafter for four (4) weeks as provided by law. Jack Troy Sworn to and subscribed before me, this 6th day of January 1959. Sybil S. Foster Notary Public, Clayton County, Georgia My Commission Expires June 4, 1962 (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 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. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga. Approved March 9, 1959.

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CITY OF COLLEGE PARKREFUNDS OF CONTRIBUTIONS TO RETIREMENT FUND. No. 173 (House Bill No. 361). 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 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 that said Act, as amended, is further amended by striking the first paragraph of section 8 of the amendatory Act approved January 30, 1946, (Ga. L. 1946, p. 432), which reads: Section 8 Refunds. No refund of any portion of the contribution of an employee to the pension fund shall be made under any circumstances, either to a former employee, an employee leaving the service of the city, or the executor, administrator or heirs-at-law of a former employee, except that if an employee is discharged by the mayor and council to enable a returning veteran to resume the position that he formerly held with the

Page 2528

city, then all contributions made by such displaced employee shall be refunded to him. and inserting in lieu thereof the following: Section 8 Refunds. No refund of any portion of the contribution of an employee to the pension fund shall be made under any circumstances, either to a former employee, an employee leaving the service of the city, or the executor, administrator or heirs-at-law of a former employee, except that if an employee leaves the service of the city subsequent to February 1, 1959, after at least five (5) years continuous service and desires to surrender all pension rights under this Act the employee shall upon application therefore within ninety (90) days after leaving the service of the city be entitled to a refund of three-fourths ([frac34]) of the total contributions made by such employee, and except that if an employee is discharged by the mayor and council to enable a returning veteran to resume the position that he formerly held with the city, then all contributions made by such displaced employee shall be refunded to him. Section 3. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, 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 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

Page 2529

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 2, 9, 16, 23, 30th days of December, 1958, As provided by law. Frank Kempton Subscribed and sworn to before me this 5th day of January, 1959. Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959 (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 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 1, 1958. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga.

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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 10th day of December, 1958, and once each week thereafter for four (4) weeks as provided by law. Jack Troy 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 1959 session of the General Assembly of Georgia, convening in January, 1959, 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 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. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main St. College Park, Ga.
Page 2531

Sworn to and subscribed before me, this 6th day of January, 1959. Sybil S. Foster Notary Public, Clayton County, Georgia My Commission Expires June 4, 1962 (Seal) Approved March 9, 1959. CITY OF ATLANTABUSINESS LICENSES. No. 174 (House Bill No. 362). An Act to amend an Act creating a new charter for the City of Atlanta approved February 28, 1874 and the several Acts amendatory thereof; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the said Act described in the caption hereof be amended as follows: Section 1. When the corporate limits of the City of Atlanta are extended so as to include therein businesses, professions and trades in which one of more individuals so engaged are required to stand an examination as to their proficiency as a condition precedent to the obtaining of a business license, and who have been granted a certificate of proficiency and business license by the governing authorities of the county, such individuals shall not be compelled to stand any further examination as a condition precedent to the obtaining of a city business license. Business licenses. Section 2. During the calendar year in which the limits of the City of Atlanta are extended, the business licenses and certificates of proficiency granted by the county shall have the same dignity and standing as if

Page 2532

they had been granted by the City of Atlanta. Thereafter, such businesses, professions and trades, of individuals engaged therein, shall secure the business license required by the ordinances of the City of Atlanta, and the City of Atlanta shall issue to such individuals without further examination a certificate as to their proficiency and a business license upon payment of the renewal fee, as provided in the ordinances of the City of Atlanta. Same, renewals. Section 3. If, at the expiration of six months after the date of approval of the Act by the Governor in which the corporate limits of the City of Atlanta are extended, such individuals engaged in such businesses, professions and trades, shall have failed to apply for such certificate of proficiency from the City of Atlanta, then such individuals shall be required to stand and pass the examination of the City of Atlanta as to their proficiency as a condition precedent to the obtaining of a city business license. Electricians and/or plumbers, as defined, shall mean those maintaining a fixed place of business within said extended area at the time such area is included within the corporate limits of said city. Same, examinations. Section 4. Provided, however, that in areas where the corporate limits of the City of Atlanta are extended prior to the approval of this Act that those businesses, professions and trades or individuals in which one or more individuals so engaged are required to stand an examination as to their proficiency as a condition precedent to the obtaining of a business license, and who have been granted such certificate and business license, by the governing authorities of the county such individuals shall not be compelled to stand any further examination as a condition precedent to the obtaining of a city business license, and further provided that such businesses, professions and trades or individuals had and maintained a fixed place of business in the extended area on the date of the approval of the Act annexing said area, and further provided that said license shall be applied for on or before June 30, 1959. Same. Section 5. If any of the provisions of this Act shall

Page 2533

be held unconstitutional, it is the intention of the enacting authority that the remaining provisions of this Act shall not be affected or impaired thereby. Section 6. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 7. A copy 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. 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 affected are published, once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a true 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 1959 session of the General Assembly of Georgia, which convenes on Monday, January 12, 1959, 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

Page 2534

the several Acts amendatory thereof, and for other purposes. This December 18, 1958. City of Atlanta By: J. C. Savage City Attorney Dec. 22, 29, Jan. 5, 12. This 4th day of February, 1959. Ralph McClelland Sworn to and subscribed before me this 4 day of Feb., 1959. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission Expires October 4, 1960 (Seal). Approved March 9, 1959. CITY OF MANCHESTERTERMS OF COMMISSIONERSREFERENDUM. No. 175 (House Bill No. 373). To be entitled an Act To Amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), and Acts amendatory thereof, by striking all of section 6 of the amending Act of said charter approved August 20, 1923 (Ga. L. 1923, pp. 739 et. seq.) and inserting in lieu thereof a new section providing that the terms of the commissioners shall be for two years; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 6 of the Act amending the charter

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of the City of Manchester approved August 20, 1923 (Ga. L. 1923, pp. 739 et. seq.) is amended as follows: By striking all of section 6 and inserting in lieu thereof the following: Section 6Said commissioners shall be elected for a term of two years each or until their successors are elected and qualified unless removed in accordance with the provisions of this Act. From and after the effective date of this Act, a regular election shall be held on the second Wednesday in January in each year in which a vacancy in the Board of commissioners arises for the purposes of electing a commissioner or commissioners to fill the vacancy or vacancies of the outgoing commissioner or commissioners, whose terms of office shall be for two years. Election and term of Commissioners. Section 2. This Act shall not become effective until the same shall be approved in a referendum election to be held on the fourth Wednesday following the passage and approval of this Act. Such referendum election shall be held under the same rules and regulations governing the election of officers of the City of Manchester, at which election there shall be submitted to the qualified voters of the City of Manchester, the question of approval of this Act. There shall be printed on said ballots the following: (-----) For Charter amendments providing for two year terms for Commissioners. Referendum. (-----) Against Charter amendments providing for two years terms for Commissioners. Those persons wishing to vote in favor of approval of this Act shall so indicate by making a mark in the block opposite `For Charter amendments providing for two year terms of Commissioners. Those persons wishing to vote against approval of this Act shall so indicate by making a mark in the block opposite Against Charter

Page 2536

amendments providing for two year terms of Commissioners. If a majority of the votes cast in such referendum election shall be against approval of this Act then this Act shall be void and of no effect. If a majority of the votes cast in such referendum election shall be in favor of the approval of this Act then the same shall become effective as a part of the Charter of the City of Manchester. The clerk of the City of Manchester shall certify the results of such referendum election to the Secretary of State for filing with the enrolled copy of this Act. Section 3. The present incumbents of the commissioners for the City of Manchester shall continue to serve on the said board of commissioners during the terms to which they shall have been elected. Section 4. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Legal Notice. Georgia, Meriwether County. Take notice that application will be made for passage of local legislation at the next General Assembly of Georgia to amend the charter of the City of Manchester, the title to such bill or bills to be as follows. An Act to amend an Act approved August 16, 1909, incorporating the City of Manchester and the several Acts amendatory thereof, and for other purposes. State of Georgia Meriwether County Personally appeared before me the undersigned attesting officer, Mrs. R. K. Stovall, who on oath says that she is publisher of the Meriwether Vindicator, Greenville, Meriwether County, Georgia, and that the Meriwether Vindicator is the legal organ of Meriwether County,

Page 2537

Georgia, and the newspaper in which sheriff's advertisements for Meriwether County are published; that the foregoing and attached notice of intention to apply for local legislation was published in said Meriwether Vindicator on the following dates: (December 12, 1958, December 19, 1958, December 26, 1958.) Mrs. R. K. Stovall Publisher Meriwether Vindicator. Sworn to and subscribed before me, this 31st day of January, 1959. A. D. Herring, Clerk Superior Court (Seal) Clerk Superior Court Meriwether County Approved March 9, 1959. CITY OF FITZGERALDCHARTER AMENDED. No. 176 (House Bill No. 380). An Act to amend an Act amending and revising the charter for the City of Fitzgerald and entitled, An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending and revising the charter for the City of Fitzgerald and entitled, An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof is amended by striking therefrom section 2 in its entirety

Page 2538

and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act the inhabitants of the territory embraced in the following territory, to-wit: Beginning at the southwest corner of five-acre tract no. 1287 in land lot no. 92 in the third land district of Ben Hill County, Georgia, and running thence north along the west original line of five-acre tract no. 1287 to the northwest corner of five-acre tract no. 1287 and the south line of land lot no. 119 in the third district; thence west along the south original line of five-acre tracts nos. 400, 401, 402, 403 and 404 to the west line of five-acre tract no. 404; thence north along the west original lines of five-acre tracts nos. 404, 415, 432 and 443 to the south original line of five-acre tract no. 461; thence west along the south original line of five-acre tracts nos. 461 and 462 to the southwest corner of five-acre tract no. 462; thence west along the south original line of five-acre tract no. 463 a distance of 66 feet; thence running north parallel with and 264 feet east of the west original line of said five-acre tract 463 to the north original line of said five-acre tract no. 463; thence east along the north original lines of five-acre tracts nos. 463, 462, 461 and 460 to the northeast corner of five-acre tract no. 460; thence north along the west original lines of five-acre tracts nos. 472 and 487 to the northwest corner of five-acre tract no. 487 and the south line of land lot no. 122 in the third district; thence east along the north original lines of five-acre tracts nos. 487, 486, and 485 to the northeast corner or five-acre tract no. 485; thence north along the west original lines of five-acre tracts nos. 503 and 512 to the northwest corner of five-acre tract no. 512; thence east along the north original lines of five-acre tracts nos. 512 and 511 to the northeast corner of five-acre tract no. 511; thence north along the west original lines of five-acre tracts nos. 533 and 538 to the northwest corner of five-acre tract no. 538; thence east along the north original lines of five-acre tracts nos. 538 and 537 to the northeast corner of

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five-acre tract no. 537; thence east along the south original line of five-acre tract no. 563 a distance of 76 feet; thence north into five-acre tract no. 563 a distance of 295 feet to an established corner; thence west a distance of 66 feet to an established corner; thence north a distance of 258 feet to an established corner; thence east a distance of 320 feet to the east original line of five-acre tract no. 563 and the west original ine of land lot no. 121 in the third district; thence south along the east original line of five-acre tract no. 563 to the northwest corner of five-acre tract no. 832; thence east along the north original line of five-acre tract no. 832 to the northeast corner of five-acre tract no. 832; thence south along the east original line of five-acre tract no. 832 to the southeast corner of five-acre tract no. 832; thence east along the north original lines of five-acre tracts nos. 834, 875 and 876 to the northeast corner of five-acre tract no. 876; thence north along the west original lines of five-acre tracts nos. 917, 916, 915 and 914 to the northwest corner of five-acre tract no. 914; thence east along the north original line of five-acre tract no. 914 to the northeast corner of five-acre tract no. 914; thence south along the east original lines of five-acre tracts nos. 914, 915 and 916 to the southeast corner of five-acre tract no. 916; thence east along the north original line of five-acre tract no. 920 to the northwest corner of five-acre tract no. 959; thence south along the west original line of five-acre tract no. 959 a distance of 227 feet; thence running east parallel with and 103 feet north of the south original line of five-acre tract no. 959 to the east original line of five-acre tract no. 959 and the west original line of land lot no. 300 in the fourth district; thence running south along the east original line of five-acre tract no. 959 to the northwest corner of five-acre tract no. 961; thence east along the north original lines of five-acre tracts nos. 961 and 1006 to the southwest corner of five-acre tract no. 1008; thence north along the west original line of five-acre tract no. 1008 to the northwest corner of five-acre tract no. 1008; thence east along the north original lines of five-acre tracts nos. 1008 and 1042 to the northeast corner of five-acre

Page 2540

tract no. 1042; thence south along the east original line of five-acre tract no. 1042 to the northwest corner of five-acre tract no. 1097; thence east along the north original lines of five-acre tracts nos. 1097 and 1098 to the northeast corner of five-acre tract no. 1098; thence south along the east original lines of five-acre tracts nos. 1098, 1109, 1111, 1122 and on into land lot no. 301 in the fourth district and along the east original lines of five-acre tracts nos. 1125, 1136, 1139, 1149, 1154, 1163 and 1168 to the southeast corner of five-acre tract no. 1168; thence running west along the south original boundary lines of five-acre tracts nos. 1168, 1167 and 1166 to a point interesecting the east boundary of five-acre tract no. 1172; thence running south along the east boundary of five-acre tract no. 1172 to the south original lines of land lot no. 301; thence running west along the south boundary of land lot no. 301 to a point intersecting the east boundary of five-acre tract no. 176; thence running north along the east boundary of five-acre tract no. 1176 to the southeast corner of five-acre tract no. 1175; thence west in the 3rd land district along the south boundary of five-acre tracts nos. 1175, 1202, 1203, 1230, 1231, and 1258 to the southwest corner of five-acre tract no. 1258; thence south along the east original line of five-acre tract no. 1259 to the southeast corner of five-acre tract no. 1259; thence running west along the south original line of five-acre tract no. 1259 into land lot 92 in the third district and continuing along the south original lines of five-acre tracts nos. 1259, 1286 and 1287 to the southwest corner of five-acre tract no. 1287 and the point of beginning; all of which said five-acre tracts are a part of the survey of the American Tribune Solider's Colony Company platted and now of record in the office of Clerk of the Superior Court of Irwin County, Georgia, and being portions of land lots nos. 91, 92, 119, 121 and 122 in the third land district of Ben Hill County, Georgia, and portions of land lots nos. 300 and 301 in the fourth land district of Ben Hill County, Georgia, and all of lot no. 120 in the third land district of Ben Hill County, Georgia; there is excluded from the territory embraced in the above described territory of the City of Fitzgerald,

Page 2541

Georgia, all of five-acre tracts nos. 416, 417, 418, 419, 420, 427, 428, 429, 430, 431, 445 and 446 in land lot 119 in the third land district of Ben Hill County, Georgia, and said five-acre tracts and the land embraced within said five-acre tracts are not within the city limits of the City of Fitzgerald, Georgia; the said inhabitants are hereby continued under the name and style of `City of Fitzgerald,' and the said city is hereby chartered and incorporated under the name and style of `City of Fitzgerald,' and by that name shall have perpetual succession, and is hereby vested with all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits, now belonging to the City of Fitzgerald, incorporated by an Act approved August 22, 1907, and the amendments thereto, and shall be and is hereby vested in the said City of Fitzgerald, as continued under this Act. And the said City of Fitzgerald may, by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, and have and use a common seal, make and enact through its mayor and council such ordinances and by-laws, rules, resolutions and regulations for the transaction of its business and the welfare and proper government of said city and its people as to said mayor and council may seem best, and which shall be consistent with the provisions of this charter, the laws of this State and of the United States, and that the said City of Fitzgerald shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for a term of years any property, estate or estates, real or personal, tenements and hereditaments of whatever kinds, and within or without the limits of said city for corporate purposes. Said City of Fitzgerald shall succeed to all rights of, and is hereby made responsible as a body corporate for all of the legal debts, liabilities and undertakings of the City of Fitzgerald, and its mayor and aldermen as a body corporate, heretofore incorporated by an Act approved August 22, 1907. Corporate limits. Section 2. Said Act is further amended by striking therefrom section 3 in its entirety and inserting in lieu thereof a new section 3 which shall read as follows:

Page 2542

Section 3. Be it further enacted by the authority aforesaid, that the said city shall be divided into four wards, as follows: to-wit: The first ward shall be bounded on the north by the north line of the city; on the east by Main Street north of Central Avenue and the line running north from the center of north end of Main Street to a point on the north line of the city; on the south by Central Avenue west of Main Street and a line running due west from the center of the west end of Central Avenue to a point on the west line of the city. The second ward shall be bounded on the north by the north line of the city; on the east by the east line of the city; on the south by Central Avenue east of Main Street and a line running due east from the center of said avenue to a point on the east line of the city; on the west by the east line of the first ward. The third ward shall be bounded on the north by the south line of the second ward, and on the east by the east line of the city; and on the west by Main Street south of Central Avenue and a line running due south from the center of the south end of Main Street to a point on the south line of the city. The fourth ward shall be bounded on the north by the south line of the first ward; on the east by the west line of the third ward; on the south by the south line of the city; on the west by the west line of the city. Wards. Section 3. Said Act is further amended by striking from Section 4 thereof the words The mayor shall be ineligible for re-election to the second succeeding term, so that said section, as amended hereby, shall read as follows: Mayor. Section 4. Be it further enacted by the authority aforesaid, That at the election to be held on the third Tuesday in December, 1915, and biennially thereafter, as hereinafter provided, there shall be elected a mayor, who shall hold office for two years, and until his successor is elected and qualified; and in the event that the office of mayor shall become vacant by death, removal or otherwise, the mayor pro tem., or in case there is no mayor pro tem., the common council at the next regular session shall give ten days' notice in the official

Page 2543

organ of the city of the date of the election of his successor, and said council shall call said election within thirty days from said vacancy. Said election shall be managed in the same manner as all city elections, in accordance with this charter; provided, however, that if the office of mayor shall become vacant within three months from the expiration of the term of office, the mayor pro tem. shall act as mayor during the rest of the term and exercise all the powers of mayor during said term. He shall be the chief executive of the city and see that all the laws and ordinances of the city are faithfully executed, and shall examine and audit all accounts against the city before payment. He shall be paid a salary of $1200.00 per year, to be paid monthly, and shall receive no other fees, nor perquisites in connection with his office. He shall have the power to convene the city council in extra session, whenever, in his judgment, the exigencies of the case may demand it. He shall examine the books of all the officers of the city whenever he sees proper to do so, and if any irregularities are discovered he shall report the same to the next meeting of the common council. Section 4. Said Act is further amended by striking therefrom Section 9 in its entirety and inserting in lieu thereof a new section 9 which shall read as follows: Section 9. Be it further enacted by the authority aforesaid, That at the next election, which is to be held on the third Tuesday in December, 1959, there shall be elected five (5) aldermen from the city at large. The three (3) aldermen receiving the largest number of votes shall be elected for a term of two (2) years, or until their successors are elected and qualified; and the two (2) aldermen receiving the next larger number of votes shall be elected for a term of two (2) years, or until their successors are elected and qualified. Thereafter, aldermen at large shall be elected for terms of three (3) years and until their successors are elected and qualified. At the election to be held on the third Tuesday in December, 1960, the alderman from the first ward shall be elected for a term of one (1) year and until

Page 2544

his successor is elected and qualified; and the alderman from the second, third and fourth wards shall be elected for terms of three (3) years and until their successors are elected and qualified. Thereafter, aldermen from wards shall be elected for a term of three (3) years and until their successors are elected and qualified. All of said aldermen shall be elected by the qualified voters of the city at large; and the said aldermen shall receive for their services three hundred ($300.00) dollars per year, to be paid monthly. Aldermen. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. In conformity and compliance of provisions of Article III, Section VII, Paragraph XVI of the Constitution of Georgia, (Ratified August 7th, 1945) and which is codified as section 2-1915 of the Code of Georgia Annotated of 1933, notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session for the year 1959 a local or special bill affecting the City of Fitzgerald, the title or caption of which reads as follows: An Act to amend an Act amending and revising the Charter for the City of Fitzgerald and Entitled, An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof,' and for other purposes. This 22nd day of December, 1958. A. B. C. Dorminy, Jr. Representative for Ben Hill County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. B. C.

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Dorminy, Jr., who, on oath, deposes and says that he is representative from Ben Hill County, and that the attached copy of notice of intention to introduce local legislation was published in the The Fitzgerald Leader, which is the official organ of said county, on the following dates: December 25, 1958, January 1, 1959, and January 8, 1959. A. B. C. Dorminy, Jr. Representative, Ben Hill County Sworn to and subscribed before me this 2d day of Feb., 1959 John Tye Ferguson Notary Public My Commission Expires Oct. 10, 1961 (Seal). Approved March 9, 1959. CITY OF HAPEVILLECORPORATE LIMITS. No. 177 (House Bill No. 390). An Act to amend an Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several Acts amendatory thereof, so as to extend the city limits of said City of Hapeville; to give said City of Hapeville jurisdiction beyond the incorporate limits as extended a prescribed distance for police, sanitary, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved September 16, 1891, entitled An Act to Incorporate the City of Hapeville, Georgia, and for other purposes, and the several acts amendatory

Page 2546

thereof, be and the same are hereby amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisement for the localities are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisement for Fulton County are published, once a week for three (3) weeks during a period of sixty (60) days, immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill 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. Advertisement. Section 2. That the corporate limits of the City of Hapeville be enlarged and extended so as to include and embrace within the corporate limits of the City of Hapeville all the territory lying within the following boundary lines: All that tract or parcel of land lying and being in land lot 67 of the 14th district of Fulton County, Georgia, and being more particularly described as follows: Corporate limits. Beginning at a point at the approximate center of Mt. Zion Road in the City of Hapeville, Georgia, which point is the northwest corner of land lot 67; running thence east along the center of said Mt. Zion Road three hundred sixty (360) feet to the western boundary of the right-of-way of the south leg of the Atlanta expressway system; thence south along the western right-of-way of said Atlanta expressway four hundred (400) feet to a point; thence westerly three hundred fifty (350) feet to the western boundary of land lot 67; thence northerly along the said western boundary line of land lot 67 four hundred (400) feet to the center of Mt. Zion Road and the point of beginning. Section 3. If part, any, or all of the aforesaid properties or tracts of property are included in the corporate

Page 2547

limits of any other municipality, the same is hereby withdrawn from said municipality and hereby included within the City of Hapeville. Further, any act or part of an act heretofore passed which is in conflict with any part of this act is hereby expressly repealed. Intent. Section 4. That all powers and authority of the City of Hapeville, under its charter and ordinances and all laws appertaining to said city as a municipality are hereby included within the limits above described. The power and authority of the officers of the city are made coextensive 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, 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 said city, are extended to all the limits included under the terms of this Act. The power of the health department, police department, city tax assessors and receivers, tax collector, marshal, clerk of the city, clerk of council, building inspector, court recorder, and all other officers of said city, even though not specifically named herein, are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws, and ordinances covering the City of Hapeville. Said new territory is likewise made subject to all the bonds heretofore issued by said city, and is bound for the payment of such bonds equally with the other territory comprising the City of Hapeville. Powers. Section 5. The mayor and council of said City of Hapeville 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.

Page 2548

Section 6. That if any clause, sentence, paragraph or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act. Section 7. That all laws and parts of laws in conflict with this Act be and the same are hereby expressly 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, 25 days of December, 1958, and on the 1, 8, 15, 22, 29 days of January, 1959. As provided by law. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County Notice is hereby given that the City of Hapeville, Georgia will apply to the session of the General Assembly of Georgia, convening in January, 1959, to amend an act approved September 16, 1891 entitled An Act to incorporate City of Hapeville, Georgia, and for other purposes, and several Acts amendatory thereto. Robert B. McCord, Jr. City Attorney of the City of Hapeville, Georgia Frank Kempton
Page 2549

Subscribed and sworn to before me this 2nd day of January, 1959 Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959. (Seal) Approved March 9, 1959. CITY OF CALHOUNPAYMENT OF SCHOOL FUNDS. No. 178 (House Bill No. 415). An Act to amend an Act creating a new Charter for the City of Calhoun approved August 20, 1918 (Ga. L. 1918, p. 563), as amended, so as to change the provisions relating to the payment of school funds to 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 Calhoun approved August 20, 1918 (Ga. L. 1918, p. 563), as amended, is hereby amended by striking section 107 in its entirety and inserting in lieu thereof a new section 107 to read as follows: Section 107. Be it further enacted, that so long as public schools are maintained in the City of Calhoun, the State School Superintendent is hereby authorized and required to pay over to the treasurer of said boards for the use of the public schools under such rules and regulations as said board may prescribe, the proportion of the common school fund arising from any source belonging to the City of Calhoun to be by them expended in the establishment and maintenance of the said public schools as authorized and directed by the Constitution and laws of the State; Provided, however, that said State School Superintendent shall not pay over to said

Page 2550

treasurer of said boards the proportion of said common school fund to which the City Superintendent of Schools shall be entitled, but shall pay said sums directly to said City Superintendent of Schools. 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 the undersigned will during the 1959 session of the General Assembly of Georgia, introduce a bill to amend an Act creating a new charter for the City of Calhoun, approved August 20, 1918 (Ga. L. 1918, p. 563), as amended, so as to change the provisions relating to the payment of school funds to said city; and for other purposes. This 22nd day of January, 1959. Buford A. Ingle Representative Gordon County, Georgia Georgia, Gordon County. The undersigned does hereby certify that he is the representative from Gordon County and that the aforesaid Bill was advertised in the Calhoun Times, a newspaper in which sheriff's advertisements for Gordon County are published, on January 22, 1959, January 29, 1959 and February 5, 1959. Buford A. Ingle Sworn to and subscribed before me this 5th day of Feb., 1959. Amelia Smith Notary Public, Georgia, State at Large My Commission Expires October 4, 1960. (Seal). Approved March 9, 1959.

Page 2551

CITY OF GRIFFINCHAIRMAN OF COMMISSIONERS IS MAYOR. No. 179 (House Bill No. 443). An Act to amend the charter of the City of Griffin, approved July 21, 1921 (Ga. L., 1921, p. 959), as amended, so as to provide that the chairman of the Board of Commissioners of the City of Griffin shall have the honorary title of mayor; to repeal conflicting laws, and for other purposes. 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, be and the same is hereby amended by adding to section 10 of said charter, the following: The chairman shall have the honorary title of mayor. 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, Spalding County Personally appeared before the undersigned officer, duly authorized to administer oaths, Arthur K. Bolton and Quimby Melton, Jr., who on oath depose and say that they are representatives from Spalding County, and that the attached copy of notice of intention to introduce local legislation was published in the Griffin Daily News, which is the official organ of said County on the following dates: Jan. 23, 1959, Jan. 29, 1959, Feb. 5, 1959. Arthur K. Bolton Quimby Melton, Jr. Representatives of Spalding County.
Page 2552

Sworn and subscribed to before me this 9th day of February, 1959. William R. Killian, Notary Public Glynn County, Ga. Notice of Local Legislation Notice is hereby given that application for the passage of local legislation at the January session, 1959, of the General Assembly of Georgia, will be made in order to amend the Charter of the City of Griffin, as amended, by providing that the chairman of the Board of Commissioners of the City of Griffin, shall have the honorary title of mayor; and for other purposes. This 22 day of January, 1959 Quimby Melton, Jr., Representative, Spalding County. Arthur K. Bolton, Representative, Spalding County. (Seal). Approved March 9, 1959. CITY OF MILLEDGEVILLECHARTER AMENDED. No. 180 (House Bill No. 484). 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), an Act approved August 19, 1916 (Ga. L. 1916, p. 819), an Act approved August 14, 1924 (Ga. L. 1924, p. 666) and an Act approved March 24, 1939 (Ga. L.

Page 2553

1939, p. 1161), so as to provide for a procedure for returning property for taxation, and a penalty for failure to return the same; to authorize the governing body of said city to adopt building, plumbing, minimum housing, electrical and gas codes or regulations, and to enact the same by reference to such codes or regulations; 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), an Act approved August 14, 1924 (Ga. L. 1924, p. 666) and an Act approved March 24, 1939 (Ga. L. 1939, p. 1161) is amended by inserting following section XXIV thereof a new section which shall be known as section XXIV A, which shall read as follows: Section XXIV `A'. All persons, firms or corporations subject to ad valorem taxes in said city shall between the first day of January and the thirty-first day of March in each year make a return under oath of all property, real or personal, in the corporate limits of said city which they shall have owned as of the first day of such year. The return shall be made in such form as may be prescribed by the governing body of the City of Milledgeville. The returns shall be made to the clerk of said city, who shall be an ex officio tax receiver, or in his absence, to the deputy clerk of said city. It shall be the duty of the board of tax assessors of said city on or before June 30 of each year to notify the clerk of any property which has not been returned for taxes; and the clerk shall notify the person failing to make such return of such failure, and instruct such person that unless a return is made within twenty (20) days, the board of tax assessors shall proceed to make appropriate entry of such property and assess the same; such notice shall be in writing and shall be mailed to the person failing

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to make such return. During such twenty (20) day period, the person receiving such notice shall be allowed to show cause, if any, why such property is not subject to taxation. Any person firm or corporation which shall fail to make a return by the thirty-first day of March in each year, as provided in this section, shall, in addition to such taxes as may be imposed by the City of Milledgeville, pay a penalty of ten (10%) per cent. of such tax. Ad Valorem tax returns. Section 2. Said Act is further amended by inserting following section 69 thereof a new section which shall be known as section 70 which shall read as follows: Section 70. The mayor and aldermen of the City of Milledgeville shall have authority to adopt building, plumbing, minimum housing, electrical and gas codes or regulations for the purpose of regulating and providing standards for such activities within the corporate limits of the City of Milledgeville, and to provide for the enforcement of same. The codes or regulations provided for by this section may be adopted by reference by said mayor and aldermen without the necessity of reading the entire code or regulation, as in the case of other city ordinances, but nothing herein shall affect the present method of adoption of all other city ordinances and regulations. Building Code. Section 3. The provisions of section 1 of this Act shall become effective for the taxable year beginning January 1, 1960, and for all taxable years thereafter. All of the other sections of this Act shall become effective upon the approvel of this Act by the Governor or it otherwise becoming a law. Effective dates. 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.

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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 local legislation at the 1959 session of the General Assembly of the State of Georgia, to amend the Charter of the City of Milledgeville (Ga. L. 1900 p. 345 et. seq., as amended), so as to provide for a procedure for returning property for taxes and for a penalty for the failure to return same; also to authorize the governing body of said city to adopt building, plumbing, minimum housing, electric and gas codes or regulations and to enact same by reference to such codes or regulations; and for other purposes. This 21st day of January, 1959. Philip M. Chandler Culver Kidd Representatives, Baldwin County, Georgia. Georgia, Baldwin County. Personally appeared before me the undersigned authority duly authorized to administer oaths, Jere N. Moore, Sr., who on oath deposes and says that he is the editor and publisher of the Union-Recorder a newspaper of general circulation and the official organ of Baldwin County, Georgia, and that the notice of intention to introduce local legislation as set out above, was duly published in said newspaper on January 22nd and 29th and February 5th, 1959. Jere N. Moore
Page 2556

Sworn to and subscribed before me this the 7th day of February, 1959. Catherine Martin Notary Public, Baldwin County, Ga. (Seal). Approved March 9, 1959. PAULDING COUNTYCLERICAL HELP FOR TAX COMMISSIONER. No. 181 (House Bill No. 510). An Act to amend an Act creating the office of Tax Commissioner of Paulding County, approved February 25, 1949 (Ga. L. 1949, p. 1335), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3074), so as to increase the funds provided for clerical help; 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 Paulding County, approved February 25, 1949, (Ga. L. 1949, p. 1335), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3074), is hereby amended by striking from section 4 the words and figures six hundred ($600.00) dollars and inserting in lieu thereof the words and figures eighteen hundred ($1800.00) dollars, so that section 4 as so amended shall read: Section 4. Be it further enacted by the authority aforesaid, that the compensation of the tax commissioner of said county is hereby fixed at an annual salary of $3,000 to be paid monthly from the general funds of said Paulding County, Georgia, and said salary shall be in full payment of all services rendered by said tax commissioner of said county, and from such funds, plus

Page 2557

an allowance of eighteen hundred ($1800.00) dollars per annum for clerical help, the said tax commissioner shall pay all clerical hire and expenses of the office except office equipment, stationery, printing and supplies; the ordinary of said county or county authorities having control of the courthouse of Paulding County, shall furnish or cause to be furnished an office in the courthouse for said tax commissioner for the purpose of transacting the business of said office, and said tax commissioner shall be required, under this Act, to maintain and keep his office open for the transaction of business connected with said office every business day, the same as other county offices are kept open. 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 1959 Session of the General Assembly of Georgia, a bill to provide an allowance for the Tax Commissioner of Paulding County for clerical assistance; and for other purposes. This 19th day of January, 1959. George T. Bagby, Representative, Paulding County. Georgia, Fulton County. Personally appeared before me, the undersigned authority to administer oaths, George T. Bagby, who, on oath, deposes and says that he is representative from Paulding County, and that the attached copy of notice of intention to introduce local legislation was published in the Dallas New Era, which is the official organ of

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said county, on the following dates: January 22, January 29, and February 5, 1959. George T. Bagby Representative, Paulding County. Sworn to and subscribed before me this 10th day of February, 1959. H. Whott Notary Public My Commission expires Oct. 8, 1959. Approved March 9, 1959. PAULDING COUNTYCLERICAL HELP FOR ORDINARY. No. 182 (House Bill No. 511). An Act to provide the Ordinary of Paulding County an allowance of up to one hundred ($100.00) dollars per month for clerical help; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. The Ordinary of Paulding County shall be provided an allowance for clerical assistance up to a maximum amount of one hundred ($100.00) dollars per month, payable monthly from funds of Paulding 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 1959 session of the General Assembly of

Page 2559

Georgia, a bill to provide the Ordinary of Paulding County an allowance for clerical assistance; and for other purposes. This 19th day of January, 1959. George T. Bagby, Representative, Paulding County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George T. Bagby, who, on oath, deposes and says that he is representative from Paulding County, and that the attached copy of notice of intention to introduce local legislation was published in the Dallas New Era, which is the official organ of said county, on the following dates: January 22, January 29, and February 5, 1959. George T. Bagby Representative, Paulding County. Sworn to and subscribed before me this 10th day of February, 1959. H. Whott Notary Public My Commission expires Oct. 8, 1959. (Seal). Approved March 9, 1959.

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CITY COURT OF HINESVILLESALARY AND QUALIFICATIONS OF JUDGE. No. 184 (Senate Bill No. 26). An Act to amend an Act establishing the City Court of Hinesville, approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by Acts approved August 16, 1920 (Ga. L. 1920, p. 334), February 16, 1943 (Ga. L. 1943, p. 753), February 7, 1950 (Ga. L. 1950, p. 2042), February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2105), February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2180), February 16, 1955 (Ga. L. 1955, p. 2336) and February 15, 1957 (Ga. L. 1957, p. 2145), so as to change the salary of the judge of said court; to change the qualifications of judge and solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Hinesville, approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by Acts approved August 16, 1920 (Ga. L. 1920, p. 334), February 16, 1943 (Ga. L. 1943, p. 753), February 7, 1950 (Ga. L. 1950, p. 2042), February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2105), February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2180), February 16, 1955 (Ga. L. 1955, p. 2336) and February 15, 1957 (Ga. L. 1957, p. 2145), is hereby amended by striking from section 4 the words theree thousand six hundred dollars and substituting the words four thousand two hundred dollars in lieu thereof, and by striking from the fifth sentence of said section, the word, four, and inserting in lieu thereof the word three, so that said section when amended, will read as follows: Section 4. Be it enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be elected by the qualified voters of Liberty County, who shall hold office for the term of four years, and if there shall be a vacancy in the office of judge, the

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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 1916, under the rules and regulations governing the elections of members of the General Assembly; and the judge elected on said date shall go into office on the first day of January, 1917, and hold his office for a period of four years, and until his successors are elected and qualified. The time of election and term of office shall be the same as the Ordinary of Liberty County. The present Judge of the County Court of Liberty County, W. C. Hodges, shall be the judge of said court from the time it is organized until January the first, 1917. The qualification of said judge shall be that he has been a practicing attorney for three years and a resident of Liberty County for three years immediately preceding the time he enters upon his duties as said judge of said court, and shall before entering upon the discharge of his duties take the following oath: `I do swear that I will administer justice without respect to persons, and that I will faithfully and impartially perform all the duties which may be required of me as judge of the City Court of Hinesville according to the best of my ability and knowledge, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God,' which oath shall be filed in the Executive Department. The judge of said court shall receive a salary of four thousand two hundred dollars a year, and the same shall be paid monthly out of the public funds of Liberty County and out of any fund set aside for paying current expenses of said county. The judge of said court shall receive no other compensation for his service. He shall not be permitted to practice law in his own court, but may practice in other courts.

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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 a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. CITY OF ATLANTACONTRIBUTIONS TO GEORGIA INSTITUTE OF TECHNOLOGY AND GEORGIA STATE COLLEGE OF BUSINESS ADMINISTRATION. No. 185 (Senate Bill No 40). 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 establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby 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.

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Section 2. That section 13 of an Act approved August 23, 1927 (Ga. L. 1927, p. 786) which said Act is an Act amending the Act set forth in the caption to this Act, and which is as follows: The mayor and general council of said city are hereby authorized to make annual contributions to Georgia School of Technology, especially apportioned for the upkeep, building and maintenance of the said school. be and the same is hereby repealed and there is enacted in lieu thereof the following: The Mayor and Board of Aldermen are authorized to make annual contributions to the Georgia Institute of Technology (formerly Georgia School of Technology) and the Georgia State College of Business Administration, especially apportioned for the upkeep, building and maintenance of the said schools. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. TOWN OF LENOXELECTIONS AND TERMS OF MAYOR AND COUNCIL. No. 186 (Senate Bill No. 62). An Act to amend an Act approved December 12, 1901, Ga. L. 1901, p. 510), creating and establishing a charter for the Town of Lenox, as amended particularly by an Act approved July 30, 1927, (Ga. L. 1927, p. 1279), so as to change the length of the term of the councilmen for said town; to provide for the time said terms of office shall begin and end; to provide for staggered

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terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act to amend an Act approved December 12, 1901, (Ga. L. 1901, p. 510), creating and establishing a charter for the Town of Lenox, as amended particularly by an Act approved July 30, 1927, (Ga. L. 1927, p. 1279), is hereby amended by striking section 4 of said Act, as amended by said amendatory Act, in its entirety and inserting in lieu thereof a new section 4 which shall read as follows: Section 4. Be it further enacted that an election shall be held on the first Wednesday in December, 1959, and annually thereafter, for mayor and councilmen of said Town of Lenox. At the election to be held on the said first Wednesday in December, 1959, a mayor and five councilmen shall be elected. The mayor so elected shall hold office for a term of one year and so shall his successors thereafter. That is to say, the term of office for mayor shall always be for one year or until his successor is elected and qualified. The three councilmen receiving the highest number of votes at said election to be held on the first Wednesday in December, 1959, shall hold their respective offices for a term of two years from the date of their said election or until their successors are elected and qualified, and the two councilmen receiving the next highest number of votes shall hold their offices for a term of one year from the date of their election and until their successors are elected and qualified. In the event there is a tie between any of said councilmen being elected at said election on the first Wednesday in December, 1959, the encumbent mayor and council shall by vote designate which of said councilmen shall serve for two years and which shall serve for one year after said election. Provided that if for any reason an election is not held on the first Wednesday in December, 1959, the provisions of this section shall be applied at the next election so held, so as to accomplish the purpose of this amendment. On the first

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Wednesday in December of each succeeding year, an election shall be held to elect the successors to those above named officers whose terms expire on the date of said election. The terms of all councilmen elected after the election to be held on the first Wednesday in December, 1959, shall be for two years or until their successors are elected and qualified. Said elections for mayor and councilmen shall be held by a justice of the peace and two freeholders, or by three freeholders, residents of said town, and not candidates in said election. The managers shall conduct elections, as nearly as practicable, as elections for members of the General Assembly are conducted, except as herein otherwise provided. The polls at all elections shall be open at some convenient and accessible place in said town at 7 o'clock a.m. and be closed at 7 o'clock p.m. The managers at all elections shall take and subscribe before any officer authorized to administer an oath, and in the absence of such officer, in the presence of each other, the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified as required by the charter of said Town of Lenox to hold the same; that we will make just and true returns thereof, and not knowingly permit any one to vote unless we believe him to be entitled to do so under the charter of said town, or knowingly prevent any one from voting who is so entitled; and that we will not divulge for whom any vote was cast, unless called upon under the law to do so, so help me God. Within five days after said election, the managers shall issue to the newly elected mayor and councilmen, a certificate of election to each of the persons elected, showing to what office said person was elected. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act.

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BANKS COUNTYCOMPENSATION OF CLERK OF BOARD OF COMMISSIONERS. No. 187 (Senate Bill No. 66). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 909), so as to increase the compensation of the clerk of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 6, 1945 (Ga. L. 1945, p. 909), is hereby amended by striking from section 7 the words and figures fifty ($50.00) dollars and inserting in lieu thereof the words and figures one hundred ($100.00) dollars, so that section 7, as so amended, shall read: Section 7. Be it further enacted by the authority aforesaid, that the Ordinary of Banks County shall be the Clerk of the Board of Commissioners of Roads and Revenues of said County, whose duty it shall be to keep in a well bound book a complete record of all the Acts and doings of said board of commissioners, said records to be open to inspection of any citizen of said county at all times, provided the same does not interfere with the meetings of the board. Said ordinary, or clerk of the board of county commissioners shall receive the sum of one hundred ($100.00) dollars per month for his services as such clerk, to be paid monthly out of the treasury of said county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959.

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Affidavit and copy of advertisement attached to Enrolled Act. CITY OF HARTWELLELECTIONS. No. 188 (Senate Bill No. 69). To be entitled an Act to amend the Charter of the City of Hartwell, as amended particularly by an Act approved March 22, 1935 (Ga. L. 1935, p. 1085), so as to provide that all candidates for the office of mayor shall give ten (10) days written notice of their intentions to become a candidate for the office of mayor to the secretary of the City of Hartwell, to provide that no ballot shall be counted in any city election unless the voter shall erase, mark out, or scratch through the name or names of the person or persons for whom he does not wish to vote; to provide that no vote shall be counted for any person for the office of mayor or alderman unless said person has qualified as provided by the charter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The charter of the City of Hartwell, as amended particularly by an Act approved March 22, 1935 Ga. L. 1935, p. 1085) is hereby amended by inserting a new section to be known as section 2A to read: Section 2A. All candidates for the office of mayor of the City of Hartwell shall file with the secretary of the City of Hartwell a written notice of their intentions to become a candidate for the office of mayor at least ten (10) days before the date of the election. This notice shall give the same information as is now required for a candidate to qualify for the office of alderman of said city. The provisions now applying to the printing on the ticket to be used in each election of the name and other information of each candidate for office as an

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alderman shall hereafter also apply to each candidate for mayor of the city. Qualification for Mayor. Section 2. The charter of the City of Hartwell, as amended, is hereby further amended by inserting a new section to be known as section 2B to read: Section 2B. No vote shall be counted unless the voter thereof shall erase, mark out, or scratch through the name or names of the person or persons for whom he does not wish to vote. No vote shall be counted for any person for the office of mayor or alderman unless said person has duly qualified for said office. Ballots. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. McDUFFIE COUNTYOFFICERS PLACED ON SALARY BASIS, REFERENDUM. No. 189 (Senate Bill No. 70). An Act to change the compensation of the sheriff, the ordinary, the clerk of the superior court, the tax collector, the tax receiver, the coroner and the county surveyor of McDuffie County from the fee system to the salary system; to provide the procedure in connection therewith; to provide for the disposing of fees; to provide for a referendum and 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 ordinary, the clerk of the superior court, the tax collector, the tax receiver, the coroner, and the surveyor of McDuffie

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County which is now based on a fee system is hereby abolished, and the officers herein named shall hereafter be paid salaries and allowances as herein provided. All fees, costs, percentages, forfeitures, penalties and 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 officer named shall be received and diligently collected by said officers for the sole use of McDuffie County and shall be held as public funds belonging to McDuffie County and accounted for and paid over to the Board of Commissioners of Roads and Revenues of McDuffie County on the first Tuesday in each month at which time a detailed, itemized statement shall be made by the officers to show such collections and sources from which collected, and the Board of Commissioners of Roads and Revenues of McDuffie County shall keep a separate account showing such collections and the source from which they are paid. Section 2. The Clerk of the Superior Court of McDuffie County shall receive a salary of sixty-five hundred ($6,500.00) dollars per year, and shall receive a contingent expense allowance for the purpose of paying clerical help in the amount of three thousand ($3,000.00) dollars per year. Clerk of Superior Court. Section 3. The Sheriff of McDuffie County shall receive a salary of seventy-five hundred ($7,500.00) dollars per annum; and in addition thereto, he shall receive a contingent expense allowance in the amount of thirty-six hundred ($3,600.00) dollars per annum for the purpose of hiring deputies. The Sheriff of McDuffie County shall furnish his own automobile, and shall receive the sum of seven (7) cents per mile for all travel performed on official business. In addition thereto, the sheriff shall continue to receive the regular fees for boarding prisoners and turnkey fees. Section 4. The Tax Collector of McDuffie County shall be compensated in the sum of twenty-four hundred ($2,400.00) dollars per year, and in addition thereto,

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shall receive the fees provided by a general law for the sale of motor vehicle license tags and the fees provided by sections 92-5304 of the Code of Georgia Annotated. In the event that the total compensation of the Tax Collector of McDuffie County from the sources set forth in this section shall be less than fifty-five hundred ($5,500.00) dollars in any year, it shall be the duty of the governing authority of McDuffie County to supplement the compensation of said tax collector so that the minimum amount which may be received by such official shall be fifty-five hundred ($5,500.00) dollars per year. Tax Collector. Section 5. The Ordinary of McDuffie County shall receive an annual salary of five thousand ($5,000.00) dollars per year. The Tax Receiver of McDuffie County shall receive an annual salary of twenty-five hundred ($2,500.00) dollars per year. The Coroner of McDuffie County shall receive an annual salary of two hundred ($200.00) dollars per year. The Surveyor of McDuffie County shall receive an annual salary of two hundred ($200.00) dollars per year. Ordinary, Tax Receiver, Coroner, and Surveyor. Section 6. From the salaries and allowances provided by this Act, the county officials named shall pay for all clerical assistance and help and the hiring of all deputies necessary to properly perform the functions of their offices. All other expenses of their offices shall be paid by the governing authority of McDuffie County from general county funds. Clerical help. Section 7. Salaries and allowances payable under this Act shall be disbursed to the officials involved in equal monthly installments by the Board of Commissioners of Roads and Revenues of McDuffie County. Said sums shall be payable from general county funds. Payable monthly. Section 8. On some date between May 18 and May 29, it shall be the duty of the Ordinary of McDuffie County to issue the call for an election for the purposes of submitting this Act to the voters of McDuffie County for approval or rejection. The Ordinary shall set the

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date of such election at some date in June, 1959. 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 McDuffie County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act placing county officials on a salary system. Against approval of the Act placing county officials on a 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 questions are for approval of the Act, it shall become of full force and effect, and the salaries provided herein shall be effective for the county officials named taking office on January 1, 1961. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by McDuffie 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 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act.

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LIBERTY COUNTYSALARY AND CLERICAL HELP OF TAX COMMISSIONER. No. 190 (Senate Bill No. 71). An Act to amend an Act creating the office of Tax Commissioner of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2327), so as to change the compensation of the tax commissioner; to provide for a full-time clerk; to provide for the compensation of such clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2327), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The tax commissioner shall be compensated in an amount of five thousand ($5000.00) dollars per annum, to be paid in equal monthly installments from the funds of Liberty County. He is hereby authorized to employ a full-time clerk to assist him in the performance of the duties of his office, and such clerk shall be compensated in an amount not to exceed one hundred seventy-five ($175.00) dollars per month, which shall be fixed by the tax commissioner and paid from the funds of Liberty County. Such clerk shall serve at the pleasure of the tax commissioner. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Liberty County and shall be turned over to the fiscal authority of Liberty County with a detailed, itemized statement of the services for which such fees were collected. 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 in which it otherwise becomes law.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. LANIER COUNTYEMINENT DOMAIN. No. 191 (Senate Bill No. 76). 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. 602), as amended, so as to authorize the board of commissioners to exercise the power of eminent domain for public purposes and to authorize the exercise of the power of eminent domain for the purpose of condemning land to build a lake and a dam; 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 Lanier, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, is amended by inserting following section 6 thereof two (2) new sections which shall be known as sections 6A and 6B which shall read as follows: Section 6A. The board of county commissioners of roads and revenues shall have power of eminent domain to condemn public or private property for the use by the County of Lanier for public purposes, except property of any existing public utility. Section 6B. The board of county commissioners of roads and revenues shall have power to exercise the power of eminent domain to condemn personal and real

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property necessary for the construction of a dam and a lake. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. TURNER COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 192 (Senate Bill No. 93). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved August 13, 1931 (Ga. L. 1931, p. 583), an Act approved February 19, 1951 (Ga. L. 1951, p. 2438) and an Act approved December 12, 1953 (Ga. L. 1953, p. 2380), so as to provide for two (2) additional members to the board of county commissioners; to change the commissioner districts; to provide for a special election; to reduce the length of term of the commissioners; to change the compensation; to provide for a referendum; to repeal all 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 Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved August 13, 1931 (Ga. L. 1931, p. 583), an Act approved February 19, 1951 (Ga. L. 1951, p. 2438) and an Act approved December 12, 1953 (Ga. L. 1953, p. 2380), is hereby amended by

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striking from the first paragraph the word three and inserting in lieu thereof the word five and by striking the second paragraph in its entirety and adding a new second and third paragraph which reads as follows: Turner County shall be, and is hereby, divided into five (5) Commissioner Districts, Commissioner District No. 1 shall be composed of the following militia districts: Hobby District No. 1628, Cloverdale District No. 1721, and Davis District No. 1758. Commissioner District No. 2 shall be composed of the following militia districts: Amboy District No. 1626 and District No. 1628. Commissioner District No. 3 shall be composed of the following militia districts: Rebecca District No. 1625 and Clements District No. 1629. Commissioner District No. 4 shall be composed of the following militia district: Sycamore District No. 1623. Commissioner District No. 5 shall be composed of the following militia district: Asburn District No. 1624. Commissioner Districts. One (1) commissioner shall be elected from each of the said Commissioner Districts, by the qualified voters of the entire county and any person offering as a candidate to represent a road district must be a resident of the road district from which he offers to represent. Any member of the said board who shall move his residence from the road district from which he represents shall be disqualified from office and a vacancy shall exist. so that section 1 of said Act, as 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 the authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Turner, in said State, is hereby created, to consist of five members, who shall be freeholders, qualified voters of said county, and resident of said county for a period of two years. Turner County shall be, and is hereby, divided into

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five (5) Commissioner Districts. Commissioner District No. 1 shall be composed of the following militia districts: Hobby District No. 1628, Cloverdale District No. 1721, and Davis District No. 1758. Commissioner District No. 2 shall be composed of the following militia districts: Amboy District No. 1626 and Dakota District No. 1628. Commissioner District No. 3 shall be composed of the following militia districts: Rebecca District No. 1625 and Clements District No. 1629. Commissioner District No. 4 shall be composed of the following militia district: Sycamore District No. 1623. Commissioner District No. 5 shall be composed of the following militia district: Asburn District No. 1624. One (1) commissioner shall be elected from each of the said Commissioner Districts, by the qualified voters of the entire county and any person offering as a candidate to represent a road district must be a resident of the road district from which he offers to represent. Any member of the said board who shall move his residence from the road district from which he represents shall be disqualified from office and a vacancy shall exist. Section 2. Said Act is further amended by repealing the second paragraph of section 2 of said Act, as amended, in its entirety. Section 3. Said Act is further amended by adding the following paragraph to be known as section 2A of said Act: Section 2A. Upon approval of the referendum provided for in this Act, the Ordinary of Turner County within fifteen (15) days shall call an election to be held not less than twenty (20) nor more than thirty (30) days after the date of the issuance of said call. The voters of the entire county shall vote for two (2) additional commissioners, one commissioner being from Road District No. 1 and the other commissioner being from Road District No. 2, under the provisions of section 1 of this Act. The commissioners elected in the aforesaid election shall take office within five (5) days after the date of

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said election. The Ordinary shall conduct such election and the expenses of such election shall be paid from the funds of Turner County. Elections, terms. The terms of office of all commissioners, including the two (2) commissioners elected at the special election provided for in this Act, shall expire December 31, 1960 or until their successors shall be elected and qualified. The commissioners elected in the general election of 1960 shall take office January 1, 1961 and shall hold office for a term of two (2) years or until their successors shall be qualified, and thereafter each succeeding commissioner shall hold office for a term of two (2) years. Section 4. Said Act is further amended by striking the words and figures sixty dollars ($60.00) and inserting in lieu thereof forty dollars ($40.00) so that section 6 of said Act, as amended, shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that the salary of each member of the said board of commissioners created by said Act shall be and the same is hereby, fixed at forty dollars ($40.00) per month for each calendar month served, the same to be due and payable on the first day of each calendar month for the month served immediately preceding, the same to be full compensation for all services rendered during said month by each of the respective members of said board; except, that each member of said board may also be reimbursed out of county funds for all necessary out-of-county traveling expenses incurred by said member in connection with his duties, said reimbursement to be subject to the approval of the full board; and, provided, that it shall be paid only after said account, together with the approval of the full board, is spread upon the minutes of said board. Compensation. Section 5. It shall be the duty of the Ordinary of Turner County to issue the call for an election for the purpose of submitting this Act to the voters of Turner County for approval or rejection. The call shall be issued

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at least thirty (30) days prior to the date of the election, and the date of the election shall be May 5, 1959. The Ordinary shall cause the date and the purpose of the election to be published once a week for two (2) weeks immediately preceding May 5, 1959 in the official organ of Turner County. The ballot shall have printed thereon the words: For approval of the Act amending the Act creating a Board of Commissioners of Roads and Revenues for Turner County. Against approval of the Act amending the Act creating a Board of Commissioners of Roads and Revenues for Turner County. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote again 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. It shall be the duty of the Ordinary to hold and conduct such election. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 6. The provisions of section 4 of this Act shall become effective on the date that the two (2) additional commissioners, elected in the special election called by the Ordinary, take office. Effective date of Section 4. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act.

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HART COUNTYASSISTANT TO TAX COMMISSIONER. No. 193 (Senate Bill No. 97). An Act to amend an Act creating the office of Tax Commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, so as to authorize the tax commissioner to appoint an assistant; to provide for compensation; 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 Hart County, approved March 4, 1935, (Ga. L. 1935, p. 687), as amended, is hereby amended by adding at the end of section 6 the following: Provided, however, the tax commissioner is hereby authorized to appoint one assistant, who shall be compensated in the amount of $75.00 per month from the funds of Hart County. Said assistant shall assist the tax commissioner in the performance of his duties and shall serve at the pleasure of the tax commissioner. so that when so amended, section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid that the Board of Finance of Hart County, Georgia, shall pay to the tax commissioner of said county, as full compensation for all duties performed by him as receiver and collector of State, county, school district, and any and all other taxes, including professional, poll, and special taxes, as well as costs for issuing tax fi. fas., a fixed salary of $4,800.00 per annum to be paid in monthly installments of $400.00 each, and said tax commissioner out of said salary shall pay whatever clerical assistance and/or help that may be necessary for him to have to perform the duties of said office. Provided, however, the tax commissioner is hereby authorized to appoint one assistant, who shall be compensated in the amount of $75.00 per month from the funds of Hart

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County. Said assistant shall assist the tax commissioner in the performance of his duties and shall serve at the pleasure of the tax commissioner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. HART COUNTYCOUNTY GOVERNMENT. No. 194 (Senate Bill No. 98). An Act to create the office of Commissioner of Roads and Bridges for Hart County; to provide for the election, duties and compensation of said commissioner; to provide for the bond of said commissioner; to create a Board of Finance for Hart County; to provide for the election, duties and compensation of said board; to provide for meetings; to provide for a chairman; to provide for examination of accounts; to provide for a clerk; to provide for filling vacancies; to provide for ratification of prior acts, contracts and commitments; to continue the present commissioner and the present members of the board of finance in office for the term for which they are presently serving; to provide for specific repeal of prior Acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The office of Commissioner of Roads and Bridges, in and for Hart County, be and the same is hereby created. Said commissioner shall be elected at the regular election to be held for county officers in 1960 and quadrennially thereafter in the same manner as other county officers are elected, and the commissioner so elected shall, after qualification, enter upon the discharge

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of his duties on the first day of January following his election and shall hold office for the term of four years, and until his successor is elected and qualified. Persons eligible to hold the office of clerk of superior court shall be eligible to hold said office. Should a vacancy occur in said office the same shall be filled by a special election, called and held in the same manner and governed by the same rules and with the same qualifications as to voters as apply to the election to fill a vacancy in the office of the clerk of superior court. In the interim, the chairman of the board of finance, hereafter named in this Act, shall perform all duties of said office and assume all the responsibility of said commissioner, and receive compensation at the same rate as said commissioner, to be prorated according to length of time he serves. W. Eber Bailey, the present Commissioner of Roads and Bridges, is hereby designated to serve as Commissioner of Roads and Bridges under this law for the term for which he was elected, until January 1, 1961, or until re-elected or his successor has been elected and qualified. Commissioner, term, qualifications, etc. Section 2. The commissioner, as aforesaid, shall be commissioned by the Governor of the State of Georgia for the term for which he is elected, and before entering upon the discharge of his duties shall subscribe to the oath now required by law of county officers. He shall also give bond with good security payable to the Ordinary for and on behalf of Hart County, and his successors in office, in the sum of one thousand ($1000.00) dollars, conditioned for the faithful performance of his duties as commissioner, which bond shall be approved by the Ordinary of said County. Said commissioner shall receive as compensation for his service a salary of twenty-four hundred ($2400.00) dollars per annum. Said salary shall be paid out of county funds in equal monthly payments, by said Board of Finance. Oath, bond, salary. Section 3. Said commissioner shall have the sole right to lay out, open, change or discontinue public roads in said county, when and where necessary, according to the

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laws now of force and effect, and shall have the sole management of working said roads. Said commissioner shall have authority to appoint all overseers, guards and officers that may be required to successfully carry out the provisions of this Act and to prescribe the duties of such guards, overseers and officers, whose salary shall be fixed and paid by said Board of Finance. Powers. Section 4. Said commissioner, be and he is hereby authorized and empowered to work, improve and repair, and to have worked, improved and repaired, the public roads and bridges of said county. He may work a chaingang which has already been organized in said county, or which may hereafter be organized by said commissioner and the said Finance Board, and said commissioner and said board are hereby authorized to organize said chaingang, to consist of the misdemeanor convicts of said County of Hart, or any other county in this State, and such other convicts of said county and State as they may see proper, in such manner and upon such projects as the commissioner might in his discretion deem appropriate. He may have said roads worked, improved or repaired, and bridges built and repaired by contracting for the same when, and in such manner as he may see fit, with private parties, companies, or corporations; provided, that when said roads are improved or repaired or bridges built or repaired by private parties, companies or corporations, all such contracts for such work shall be first approved by the Board of Finance of said county hereafter created by this Act. The commissioner of roads and bridges may act as warden provided such appointment is approved by the Board of Finance, the salary for which will be determined by the Board of Finance and shall be paid out of the funds of Hart County. Said commissioner shall also have authority to purchase material and equipment for the county in a sum not to exceed three hundred ($300.00) dollars in any one month. Same. Section 5. In addition to the commissioner of roads and bridges hereinbefore created, a Board of Finance, consisting of three members, is hereby created in and

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for Hart County. The members of said board shall be elected by the grand jury of Hart County at the last term of the Superior Court of Hart County each year and shall have staggered terms. The members shall take office on January 1 following their election by the grand jury, and shall serve for a term of three years and until their successors are elected and qualified. Any person eligible to hold a county office in said county shall be eligible to be elected as a member of said board. Vacancies on said board shall be filled by the next grand jury sitting in said county, and the remaining members of said board may appoint a member to fill a vacancy until the next grand jury elects a member to serve the unexpired term. W. P. Estes, now serving on the Board of Finance, having been duly appointed as a member of said board, his term expiring on January 1, 1962, is hereby designated as a member of the Board of Finance created by this Act, to service until January 1, 1962, and until his successor is elected and duly qualified. Will J. Bailey, now serving on the Board of Finance, having been duly appointed as a member of said board, his term expiring on January 1, 1961, is hereby designated as a member of the Board of Finance created by this Act, to serve until January 1, 1961, and until his successor is elected and duly qualified. W. E. Fleming, now serving on the Board of Finance, having been duly appointed as a member of said board, his term expiring on January 1, 1960, is hereby designated as a member of the Board of Finance created by this Act, to serve until January 1, 1960, and until his successor is elected and duly qualified. All of the above designated members shall be eligible to succeed themselves. Board of Finance. Section 6. Said Board of Finance shall meet on the second Monday in each month. The first meeting of said Board of Finance shall be held on the second Monday of the month immediately succeeding the date of the approval of this Act. Thereafter all meetings shall be held on the second Monday in each month at which meeting they shall transact such business as may come before them and if they deem it necessary, may hold such call meetings of said board, or may appoint or designate

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any one of its members to transact such business connected with their office between the regular meetings as they may see proper, providing they shall not receive pay for more than three days each month. All of said meetings shall be held in said commissioner's office in the courthouse in Hartwell, Georgia. Same, meetings, etc. Section 7. It shall be the duty of said board to elect one of its members as chairman, who shall preside over the meeting of said board, and a majority of the members shall constitute a quorum. It shall be the duty of said board to look after, control, and supervise, all of the property of said County except that the Ordinary shall have supervision of the courthouse and grounds. It shall be the duty of said board to look after the fiscal affairs of said County of Hart, to levy the taxes for the support of the government of said county, and for the building of roads and bridges; to contract for and buy all supplies, implements, mules, horses, tools, wagons, machines, equipment, or other things which may seem necessary by the commissioner of roads and bridges for the proper maintenance of the convict camp, and for the improvement of the public roads and bridges of said county, which said commissioner may deem necessary for that purpose, and it shall be the duty of said commissioner of roads and bridges to meet with said board at their regular monthly meetings, or oftener, if necessary, and make known to them and discuss with them the needs of his office for the proper building and improving the public roads and bridges of said county. Chairman, duties, etc. Section 8. Said Board of Finance shall carefully go over and audit every account, bill, or other item of indebtedness which may be presented against said county from any source and to approve or disapprove the same, and it shall be the duty of the chairman of the board to sign all checks, warrants or vouchers which may be necessary for the payment of all items which have been approved by said board; provided, however, that the clerk of the superior court shall sign all warrants for the payment of jurors, witnesses and other court expenses, as is now provided by law. Duties.

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Section 9. It shall be the duty of said board to keep proper and correct accounts of all the county finances, which include accounts of the tax commissioner or other officers having the care, custody or collection of County funds, and said board shall prepare and publish an itemized list of expenditures, the first such publication shall be made on or about June 30, 1959, and every six months thereafter in one of the following manners: Same. (a) By mimeograph list of said items of expenditures to be posted in three conspicuous places in the courthouse and a reasonable number of said copies to be kept on file in the office of the Board of Finance for anyone desiring a copy. (b) By publishing in the official organ of the county an itemized list of said expenditures. In no case shall the cost of the preparation and publication of the above for any one time exceed one hundred fifty ($150.00) dollars. Section 10. Said board shall keep a book of minutes and such books of records as may be necessary for the proper record of all business connected with said office, and shall elect a suitable and competent clerk for said board whose duty shall be to keep a record of the minutes of said meetings of said board and act as bookkeeper for said board and said commissioner and do such other clerical work as is necessary to carry on the work of said office. Said clerk shall receive a salary to be fixed by the board of finance of said county and said salary shall be paid out of the county funds each month. Said clerk shall give bond and good security in the sum of one thousand ($1,000.00) dollars payable to said Board of Finance for the faithful performance of his or her duties. Minutes, Clerk, etc. Section 11. Each of the members of said board shall receive compensation for their services in the amount of twenty ($20.00) dollars per diem, not to exceed sixty ($60.00) dollars in any one month, for each day's service for which they perform under this Act, and before entering

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upon the duties of their office each member, except the chairman, shall give bond and security in the sum of five hundred ($500.00) dollars, and the chairman shall give bond in the amount of ten thousand ($10,000.00) dollars, payable to the Ordinary of said County, and an oath to faithfully perform the duties of said office, which oath and bond shall be recorded in the Ordinary's office. Compensation, bond. Section 12. The oath and bonds heretofore given by the commissioner of roads and bridges and the members of the Board of Finance shall be sufficient and remain in full force and effect. Present oaths and bonds. Section 13. All Acts, contracts and commitments of the Commissioner of Roads and Bridges and the Board of Finance abolished herein are hereby ratified and confirmed. Contracts ratified. Section 14. An Act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Hart County, approved January 31, 1946 (Ga. L. 1946, page 260), as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 659), an Act approved February 5, 1952 (Ga. L. 1952, p. 2061), and an Act approved February 13, 1956 (Ga. L. 1956, p. 2356), is hereby repealed in its entirety and each of the aforesaid amendatory Acts is likewise repealed in its entirety; provided, however, that the present Commissioner and the present members of the Board of Finance shall continue in office for the term for which they were elected as provided heretofore in this Act. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act.

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TOWN OF HOMERCORPORATE LIMITS. No. 195 (Senate Bill No. 105). An Act to amend an Act incorporating the town of Homer, approved December 3, 1897 (Ga. L. 1897, p. 234), so as to increase the corporate limits of said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the town of Homer, approved December 3, 1897 (Ga. L. 1897, p. 234) is hereby amended by striking the words three-fourths mile appearing in section 3 and inserting in lieu thereof the words one and three-fourths miles, so that said section, as amended, shall read: Section 3. Be it further enacted, That the corporate limits of said town of Homer shall extend one and three-fourths miles in every direction from the present court house in said town. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. FULTON COUNTYCREDIT FOR PRIOR SERVICE TO JUDGES AND SOLICITOR-GENERAL OF CIVIL AND CRIMINAL COURTS. No. 196 (Senate Bill No. 106). An Act to amend an Act providing for the retirement of judges and solicitor-general of Fulton County Civil and Criminal Courts, approved January 31, 1946, (Ga.

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L. 1946, p. 299), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 3069), so as to allow credit under said Act for prior service with the City of Atlanta or Fulton County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 4(a) of an Act providing for the retirement of judges and solicitor-general of Fulton County Civil and Criminal Courts, approved January 31, 1946 (Ga. 1, 1946, p. 299), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 3069), is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section 4(a) which shall read as follows: Section 4(a). Any present or future judge or solicitor-general, who is, or who may hereafter be entitled to the benefits of this Act, who has served as an employee of Fulton County or City of Atlanta or the State of Georgia, and as such employee, is entitled to the benefits of a pension system established for such employee, may receive credit for such service with Fulton County or City of Atlanta or the State of Georgia, by notifying the trustees of this fund of his election to obtain such credit and benefit, and by paying into the pension fund five (5%) percent of the amount of the salary of a judge or solicitor in Fulton County during the period when such judge or solicitor so claiming benefit, was actually in service as an employee of Fulton County or City of Atlanta or the State of Georgia. Such payment may be made over a period of thirty-six (36) months on deferred installments at the rate of three (3%) percent per annum; provided, no benefit shall be received by the judge or solicitor claiming credit under this provision, until he has paid all of the sums required of him for credit for prior service as an employee of Fulton County or City of Atlanta, or the State of Georgia, and provided further that the amount of any sum owing after such election to obtain credit may be deducted from any sum or sums which otherwise the

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judge or solicitor would be entitled to receive as a benefit under this Act. The judge or solicitor shall have as a credit all sums which he may have paid to any pension fund of Fulton County or City of Atlanta, or the State of Georgia, during his prior service as an employee, without deduction which sums shall be paid by the treasurer of Fulton County or by the trustees of the pension fund, as the case may be, to the trustees and treasurer of the Judges and Solicitors-General's Retirement Fund of Fulton County. The word `employee' as used herein shall also include officers, whether appointed or elected by the people. The words `solicitor general' and `solicitor' as used herein shall include assistant solicitor general and assistant solicitor. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. FULTON COUNTYFIRE PROTECTION FOR UNINCORPORATED AREA OF COUNTY. No. 197 (Senate Bill No. 112). An Act to amend an Act entitled An Act to establish a method for providing fire prevention systems in the unincorporated portion of Fulton County;... and for other purposes, approved February 21, 1951, (Ga. L. 1951, p. 3068), as amended by the Act approved February 18, 1955, (Ga. L. 1955, p. 2275), and by the Act approved March 7, 1957, (Ga. L. 1957, p. 2671); so as to provide for two full-time employees at each station, and to increase the sums which may be expended for fire prevention and protection without creation of a fire district to forty thousand

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($40,000.) dollars per annum; to repeal conflicting provisions; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act to establish a method for providing fire prevention systems in the unincorporated portion of Fulton County;... and for other purposes, approved February 21, 1951, (Ga. L. 1951, p. 3068), as amended by the Act approved February 18, 1955, (Ga. L. 1955, p. 2275), and by the Act approved March 7, 1957, (Ga. L. 1957, p. 2671); be further amended as follows: Section 1. Section 6(b) of said Act is stricken in its entirety, and a new section 6(b) is substituted in lieu thereof as follows: Section 6(b). Nothing herein shall be construed or applied to prevent Fulton County from establishing not more than two fire stations for the protection of lives and property against fire in the unincorporated areas of Fulton County. One of such stations shall be located in the unincorporated area north of the limits of the City of Atlanta and one of such stations shall be located in the unincorporated area south, southwest or west of the city limits of College Park, East Point and Atlanta (the city limits of said respective municipalities being the northernmost point of the unincorporated area in south Fulton County). In each station the personnel employed shall be limited to two full-time employees at any time and the total expenditure for equipment, supplies and salaries shall be limited to the sum of forty thousand ($40,000) dollars per annum, that is to say twenty thousand ($20,000) dollars per annum for each of said stations, provided, however such limitation shall not apply to the expenditure of any bond funds for capital purposes or to the expenditure of any sums raised by taxation upon the district benefited by the erection and maintenance of a fire station, or to the expenditure of any funds contributed or donated by any person, firm or corporation for such purposes, or to the expenditure of

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any funds received under contract by Fulton County for furnishing fire service to any person, firm or corporation within the unincorporated areas, all of such expenditure being authorized in addition to limitation from general funds which Fulton County is authorized to expend under the provisions of this Act. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. CITY OF METTERSALARY OF CLERK. No. 198 (Senate Bill No. 115). An Act to amend the charter of the City of Metter, Georgia, incorporated by an Act approved August 16, 1920 (Ga. L. 1920, pp. 1278, 1318) and the several amendatory Acts thereof providing for a change in the clerk's salary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating a new charter for the City of Metter, approved August 16, 1920 (Ga. L. 1920, p. 1278), as amended, is amended by striking from section 25 thereof the figures $1,800.00 and inserting in lieu thereof the figures $3,000.00, so that said section, as amended hereby, shall read as follows: Section 25. Be it further enacted, That no person is eligible to hold the office of mayor or councilman in said city unless he be twenty-one (21) years old, a qualified elector of the City of Metter, and shall have resided in the City of Metter for a period of one year immediately

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preceding his election. The mayor and council shall, at the last regular meeting in December of each year, fix the salaries of all city officials who are to begin their term of office on the first day of January following, which salaries shall not be increased or diminished during the term for which said officers were elected, provided, however, that salary of the mayor shall not be less than $250.00 per year nor more than $900.00; the salary of the city clerk or recorder-treasurer shall not be less than $150.00 per year nor more than $3,000.00; and the salary of the councilmen shall not be less than $25.00 per year nor more than $200.00 per year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. CITY OF TWIN CITYMAYOR AND COMMISSION, REFERENDUM. No. 199 (Senate Bill No. 116). An Act to amend an Act incorporating the City of Twin City in Emanuel County, approved August 9, 1920 (Ga. L. 1920, p. 1658), as amended, particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 1211), an Act approved February 25, 1949 (Ga. L. 1949, p. 862), so as to change the number of wards; to describe the territorial limits of the said wards; to provide for the election of city commissioners; to provide for the election of the mayor; to provide for his duties; to provide for a referendum; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Twin

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City in Emanuel County, approved August 9, 1920 (Ga. L. 1920, p. 1658), as amended, particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 1211), and an Act approved February 25, 1949 (Ga. L. 1949, p. 862), is hereby amended by striking in its entirety section 3 of said Act and inserting in lieu thereof a new section 3 so that section 3 of said Act, as amended, shall read as follows: Section 3. Be it further enacted by the authority aforesaid, That the territory of said city be and the same is hereby divided into two wards, the same being Ward 1 and 2. The said city shall be divided in the following manner: The city shall be divided into two distinct geographical sections and the dividing line shall be a line which runs in a northeasterly to a southwesterly direction. State Highway No. 23 shall be the dividing line commencing at the point where said highway enters the northeasterly portion of the city limits of the city and continuing southwesterly to said highway junction with Elm Street; thence, the dividing line shall be Elm Street to said street's intersection with Sixth Street; thence, the dividing line shall be an imaginary straight line to the southwesterly portion of the city limits of Twin City (as though Elm Street were continued on a straight line beyond Sixth Street). Ward 1 shall be that section of the city lying on the easterly side of the aforesaid described line, and Ward 2 shall be that section of the city lying on the westerly side of the aforesaid described line. Wards. Section 2. Said Act is further amended by striking section 4 of said Act, as amended, and inserting in lieu thereof a new section 4 so that section 4 of said Act, as amended, shall read as follows: Section 4. Be it further enacted by the authority aforesaid, That the governing and legislative authority of said city shall be vested in a commission of four (4) members. The members of said commission shall have attained the age of twenty-one (21) years, shall have been residents and citizens within the territorial limits of the

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ward of the city in which they represent on said commission for at least two years immediately preceding their election, and shall be qualified voters in the territory within the city limits. They shall hold their first meeting on the first Monday in January 1960 and at such time thereafter as may be effected by resolution or ordinance of said commission. The mayor, or in his absence, the mayor pro tem., shall preside over the deliberations of the commission and shall have the right to vote on all questions; he shall preserve order in the quorum at all meetings of the commission and shall enforce the rules of the body and shall have the power to punish all persons for contempt of such rules and shall perform all duties enumerated in this charter and which are incident to his office. Service of legal process directed to or against the city shall be served upon the mayor, or in the event of his absence, upon the mayor pro tem. Two of said commissioners shall be elected from Ward 1 of said city and two of said commissioners shall be elected from Ward 2 of said city. One commissioner from Ward 1 and Ward 2 shall be elected to serve a one year term, and one commissioner from Ward 1 and Ward 2 shall be elected to serve a two year term. At the next regular election of commissioners, the candidates for the respective office of commissioner shall qualify for either the one year term or the two year term of office, but no candidate shall be eligible to qualify for both offices of his ward. It is the intent of this Act to create a commission whose members shall serve staggered terms. After the first election held in 1959, the terms of office for all commissioners shall be for a period of two years or until their successors are elected and qualified. Commission, terms. The present mayor and commissioners shall remain in office until December 31, 1959 and this Act shall not be construed as to apply to their present duties and powers as they exist under the charter of said city. Section 3. Said Act is further amended by striking from section 14 the words That it shall be the duty of the commissioners to elect a mayor from their own body, who and inserting in lieu thereof the following words The mayor shall be elected by the registered voters of

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the entire City of Twin City for a term of two (2) years. The said mayor shall take office January 1, 1960 and, so that section 14, when so amended, shall read as follows: Section 14. Be it further enacted by the authority aforesaid, the mayor shall be elected by the registered voters of the entire City of Twin City for a term of two years. The said mayor shall take office January 1, 1960 and shall be the administrative head of the municipal government, and shall be responsible for the efficient administration of all departments. The powers and duties of said mayor shall be, in addition to those already enumerated: (a) To see that all laws and ordinances are enforced. (b) To appoint, except as herein provided, subject to the approval of a majority of the commissioners, the heads of all departments of the municipal government, to wit: secretary of the commission, city attorney, city physician, recorder, chief of police or head of any other department which may be established. (c) To remove, with approval of a majority of the commission, any of his appointees or the appointees, of the head of any department whose appointment requires his approval, at any time, when he deems such removal necessary or advisable for the public good. (d) To exercise control over all departments created herein or that may be hereafter created by the commission. (e) To preside over all meetings of the commission with the right to vote on all questions. (f) To recommend to the commissioners for adoption such measures as he may deem necessary or expedient. (g) To keep the commission fully advised as to the financial condition and needs of the city. (h) To make the commission a budget each year, at the time of levying taxes, showing the estimated income and expenditures of the city for the ensuing year. (i) To perform such other duties as may be prescribed by this charter, or be required of him by ordinance or resolution by the commission. Mayor. Section 4. Not less than fifteen nor more than thirty days after the date of the approval of this Act by the

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Governor, or after it otherwise becomes law, it shall be the duty of the mayor of the City of Twin City to issue the call for an election for the purpose of submitting this Act to the voters of the City of Twin City for approval or rejection. The mayor shall set the date of the election to be held on the first Monday in May 1959. The Mayor shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of Twin City. The ballot shall have printed thereon the words: For approval of amendments to the charter of the City of Twin City. Against approval of amendments to the charter of the City of Twin City. 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 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 Twin City. It shall be the duty of the mayor of Twin City to hold and conduct such election. It shall be the duty of the mayor of Twin City to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act.

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COOK COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 200 (Senate Bill No. 117). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, so as to increase the compensation of the chairman and other members of the board of commissioners 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 Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, is hereby amended by striking section 17 in its entirety and inserting in lieu thereof a new section 17, to read: Section 17. The chairman of the board of commissioners shall receive one hundred and seventy-five dollars ($175.00) per month and the other members of the board of commissioners shall each receive one hundred fifty dollars ($150.00) per month. No expenses shall be paid to the commissioners except for actual expenses incurred by them in carrying on county business while outside Cook County. The last item shall be paid only when authorized by the whole board and submitted as an itemized statement to the clerk of said board. The above-authorized compensation and expenses shall be paid from the funds of the county each month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act.

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TOWN OF RINGGOLDCORPORATE LIMITS. No. 201 (Senate Bill No. 120). An Act to amend an Act incorporating the Town of Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved March 9, 1945 (Ga. L. 1945, p. 1130), so as to enlarge the corporate limits of the Town of Ringgold; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved March 9, 1945 (Ga. L. 1945, p. 1130), is hereby amended by adding Section 2A to said Act as amended, which reads as follows: Section 2A. The corporate limits of the Town of Ringgold, in addition to the territory described in section 2, shall also include the property as described below: Beginning at a point on the north line of property known as C. J. A. Pharr property, and thence running in a westerly direction south 83 degrees 54 minutes a distance of 50.35 feet to a point; thence in a northerly direction north 22 degrees 57 minutes 30 seconds west a distance of 286.20 feet to a point; thence north 07 degrees 51 minutes 30 seconds west a distance of 218.55 feet to a point; thence north 02 degrees 12 minutes 30 seconds west a distance of 600.28 feet to a point; thence north 12 degrees 30 minutes west a distance of 211.82 feet to a point; thence north 24 degrees 45 minutes 30 seconds east a distance of 225.97 feet to a point; thence north 05 degrees 43 minutes 30 seconds west a distance of 195.4 feet to a point; thence north 07 degrees 24 minutes 30 seconds east a distance of 216.12 feet to a point; thence north 05 degrees 33 minutes east a distance of 216.36 feet to a point; thence in an easterly direction north 84 degrees 27 minutes west a distance of 154.05 feet to a point; thence in a northerly direction north

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0 degrees 45 minutes west 268.0 feet to a point; thence in an easterly direction north 88 degrees 11 minutes east a distance of 117.1 feet to a point; thence in a southerly direction south 0 degrees 45 minutes east a distance of 50.0 feet to a point; thence south 02 degrees 38 minutes west a distance of 231.99 feet to a point; thence south 05 degrees 53 minutes west a distance of 215.26 feet to a point; thence south 05 degrees 41 minutes west a distance of 215.96 feet to a point; thence south 06 degrees 42 minutes west a distance of 229.49 feet to a point; thence south 14 degrees 40 miutes west a distance of 160.94 feet to a point; thence south 06 degrees 34 minutes west a distance of 148.18 feet to a point; thence south 02 degrees 12 minutes east a distance of 158.17 feet to a point; thence south 03 degrees 02 minutes east a distance of 168.18 feet to a point; thence south 03 degrees 17 minutes east a distance of 173.19 feet to a point; thence south 08 degrees 26 minutes east a distance of 178.48 feet to a point; thence south 01 degree 37 minutes east a distance of 179.66 feet to a point; thence south 05 degrees 23 minutes east a distance of 195.02 feet to the point of beginning. Also, a 20 foot strip commencing at a point on the north line of the G. C. Abney, Jr., property, being Lot No. 8 of the Mrs. G. C. Abney, Sr., subdivision, 50 feet east of the northwest corner of said lot no. 8; thence running south a distance of 20 feet to a point; thence running east a distance of 200 feet to the east line of said lot; thence north a distance of 20 feet along said east line to the northeast corner of said lot; thence running west a distance of 200 feet along the north lines of said lot to the original point of beginning, being the same easement conveyed to T. A. Cochran and Howard Abney by deed from G. C. Abney, Jr., dated April 28, 1958. And also, a 20 foot strip lying along the north line of the Mrs. G. C. Abney, Sr., property and running a distance of 1,034 feet to the west line of the Newman property, known as lot no. 4 of the Clearview Heights subdivision; thence running along said lot no. 4 a distance of 20 feet; thence running in a westerly direction

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paralled with and along the northern line of the above described property to the east line of the G. C. Abney, Jr., property; thence northeast a distance of 20 feet to the point of beginning being the same easement conveyed to T. A. Cochran and Howard Abney by deed from Mrs. G. C. Abney, Sr., dated May 1, 1958. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. TOWN OF RINGGOLDELECTIONS. No. 202 (Senate Bill No. 121). An Act to amend an Act creating and establishing a new charter for the Town of Ringgold, approved March 19, 1943, (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved February 17, 1949, (Ga. L. 1949, p. 691), so as to provide that the polls in all elections held in and for the Town of Ringgold shall be open from seven (7:00) o'clock a.m. until seven (7:00) o'clock p. m.; to repeal all 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 town of Ringgold, approved March 19, 1943, (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved February 17, 1949, (Ga. L. 1949, p. 691), is hereby amended by striking from section 12, the word and figure, six (6), and inserting in lieu thereof the word and figure, seven (7), so that section 12 as amended shall read as follows: Section 12. Managers and Rules for Elections. Be it further enacted that all elections held in and for said

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town shall be managed by a Justice of the Peace or other judicial officer and by two (2) freeholders or by three (3) freeholders, residents of said town to be selected by the mayor; before entering into the duties as managers they shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election, that we will make a just and true return thereof and we will not knowingly permit anyone to vote in this election unless we believe he is entitled to vote according to the laws of said town, nor will we knowingly prohibit anyone from voting who is by law entitled to vote. Said oath to be signed by all managers in the capacity in which he acts. The oath may be administered by any officer qualified to administer oaths or the managers may swear each other. Said managers of election shall be paid two dollars ($2.00) each as compensation for holding such election. The polls in all elections held in and for said town shall be open from seven (7) o'clock, a. m. until seven (7) o'clock p. m., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the results. They shall keep two lists of voters and two tally sheets and shall make a certificate of the result on each tally sheet. The person receiving the highest number of votes for the respective officers, shall be declared to be elected. One of said tally sheets, and one of said lists of voters, together with the ballots, shall be placed by the managers in an envelope or box and sealed and filed with the clerk of said town. The other list of voters and tally sheet shall be kept by such managers for a period of thirty days. Such envelope or box filed with the clerk shall be opened at the next regular meeting of the mayor and aldermen and the results of the election declared by them, after which all of said election papers shall again be placed in said envelope or box and kept by the clerk without inspection, provided no contest be filed or pending for a period of sixty days, after which same may be destroyed. The Mayor and Aldermen of said town are authorized and empowered to adopt such other and further reasonable rules

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for the conduct of elections in said town as they may deem proper. Contests over any election held in said town may be had in the manner as provided by the laws of Georgia in cases of municipal election contests. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act. TOWN OF FORT OGLETHORPECORPORATE LIMITS. No. 203 (Senate Bill No. 122). An Act to amend an Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, so as to enlarge the corporate limits of the Town of Fort Oglethorpe; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, is hereby amended by adding section 2-A to said Act as amended, which reads as follows: Section 2-A. The corporate limits of the Town of Fort Oglethorpe, in addition to the territory described in section 2 shall also include the property as described below: Situate in original land lot no. ninety-five (95) in the ninth (9th) district and fourth (4th) section of Catoosa County, Georgia, and being all of the property shown on the drainage plan for E. L. Gentry forty (40) acre tract, known as `Fort Acres subdivision', Fort Oglethorpe, Georgia, as shown by a plat of record in plat book 5, page 6, in the office of the Clerk of the Superior

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Court of Catoosa County, Georgia, reference to which plat is here made for its full terms, provisions, and conditions. Said property is more particularly described by metes and bounds as follows: Beginning at the northwest corner of land lot no. ninety-five (95) in said district and section which point is on the east boundary line of the city limits of the Town of Fort Oglethorpe, Ga.: thence eastwardly, along and with the original north line of said land lot, a distance of 1005.5 feet to a corner; thence south, with a line running parallel to the original west line of said land lot, a distance of 985.5 feet to a corner; thence westwardly, a distance of 44.5 feet to a corner; thence southwardly, along and with a line running parallel to the original west line of said land lot, a distance of 758.8 feet to a corner; thence westwardly, a distance of 268 feet to a corner thence westwardly, a distance of 468.8 feet to a corner; thence northwardly 213 feet to a corner; thence westwardly, a distance of 307.2 feet to a point on the original west line of said land lot; thence northwardly, along and with the original west line of said lot no. 95; a distance of 1,805.6 feet to the original northwest corner of said land lot, the point of beginning. There is excepted, however, from the above-described property a strip of land twenty (20) feet in width lying immediately east of the west line of said land lot, and extending southwardly, a distance of 985.5 feet to the center of the west line of lot no. 45, as shown on the aforesaid plat, which strip of land was originally reserved for road purposes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1959. Affidavit and copy of advertisement attached to Enrolled Act.

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CITY OF HINESVILLENEW CHARTER. No. 210 (Senate Bill No. 108). An Act to create a new charter of the City of Hinesville in the County of Liberty, and to reincorporate said city, and define its territorial limits; to continue in operation, confirm, and consolidate all Acts heretofore passed incorporating said citiy and amending charter thereof; to provide for all ordinances, rules, regulations, and resolutions of said city, now in force and not in conflict with this Act, to be preserved, continue of force, and remain valid and binding until the same are repealed and amended; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and liabilities and qualifications of all officers; to provide for notice by candidates for office, the manner of their election and removal from office; to provide for the retention of office of the present officers of said city until the election provided for in this charter is held; to provide for the qualifications of all electors and voters therein; to provide for the permanent registration of the qualified voters thereof, and for the registration books of said city and when same shall be open; to provide for the mayor's court; the appointment of a judge thereof, and the trial and punishment therein of all offenders against the laws of said city, and manner of appeal therefrom; to provide for quadrennial election for mayor and councilmen; to provide for the enacting of all necessary ordinances, rules and regulations to provide penalties for the violation of same; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Name. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the City of Hinesville, in the County of Liberty, be and the same is hereby incorporated, as a city under the name of the City of Hinesville.

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Section 2. Corporate Limits. Be it further enacted by the authority aforesaid that the corporate limits of said city be as follows: Beginning at the Liberty County courthouse in Hinesville and running one (1) mile in each and every direction from said beginning point, except, that where said line intersects or touches the boundary line of the Fort Stewart Military Reservation, the city limits of Hinesville shall follow the Fort Stewart Reservation line, and except, if and where the new city limits line shall intersect or touch the city limits line of the City of Flemington, then said line shall follow the city limit line of the City of Flemington. Section 3. Mayor and Council Be it further enacted by the authority aforesaid, that the municipal authority of said city shall be a mayor and five councilmen who are hereby constituted a body corporate under the name and style aforesaid, who shall have perpetual succession and shall have and use a common seal, may sue and be sued, plead and be impleaded, may purchase and hold such property, real or personal, as may be necessary for the good order, government and welfare of said city, and shall have the right to create a lien or lease on same for the purpose of securing credit for said city and may sell said property, real or personal, if it shall appear to be to the interest of said city, the same to be left to the judgment of the mayor and council. Section 4. Elections. Be it further enacted by the authority aforesaid that on the third Wednesday in October, 1959 and quadrennially thereafter, an election shall be held for mayor and five councilmen of said city, who shall hold office for the following four (4) years, beginning November 1, 1959. Said election shall be held by a justice of the peace and two or more freeholders. The managers shall conduct all elections as nearly as practicable as elections of the General Assembly are conducted, except as herein otherwise provided. The polls at all elections shall be opened at some convenience and accessible place in said city at seven (7) o'clock a.m.

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and be closed at six (6) o'clock p. m. The managers at said election shall take and subscribe before any officer authorized to administer oaths, and in the absence of such officer, in the presence of each other the following oath, All and each of us do swear that we will faithfully superintend this day's election; that we are qualified as required by the charter of the City of Hinesville to hold the same; that we will make just and true returns thereof and not knowingly permit anyone to vote unless we believe him to be entitled to do so under the charter of this city, and will not knowingly prevent anyone from doing so who is so entitled, and that we will not divulge for whom any vote was cast unless called upon under the law to do so, So help us God. Within five days after election the said managers shall issue to the newly elected mayor and councilmen a certificate of election, showing to what office that person was elected, and for what period of time. Section 5. Same. (#2) Be it further enacted by the authority aforesaid, that all candidates for the offices of mayor and councilmen, shall announce thirty (30) days before the date of the election by giving said notice in writing to the clerk of the City of Hinesville that they will be a candidate and for what office they wish to offer, and shall comply with all rules set out by the mayor and council. Section 6. Present officials. Be it further enacted by the authority aforesaid, that Mayor F. W. Mingledorff, Sr., be and he is hereby appointed and designated as mayor of said city until November 1, 1959, or until his successor is elected and qualified; That F. F. Rambo, Donald F. Martin, Jr., Hazel Carter, Frank Bagley, and J. B. Fraser, Jr., be and they are hereby appointed and designated as councilmen of said City of Hinesville to serve until November 1, 1959, or until their successors are elected and quilified; said election to be held at the time specified in section 4 of this Act. Section 7. Be it further enacted by the authority

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aforesaid, that before entering upon the discharge of their duties, the mayor and council shall take and subscribe before an officer authorized to administer oaths the following oath: I do solemnly swear that I will faithfully discharge all the duties involving upon me as mayor and councilmen (as the case may be) of the City of Hinesville, to the best of my ability, so help me God. Oaths. Section 8. (#1) Voters. Be it further enacted by the authority aforesaid, that in all elections held under the charter of the city of Hinesville, no person shall be allowed to vote who is not duly registered as hereinafter provided. Nor shall any person be allowed to vote in said election who has not reached the age of eighteen (18) years or who has not been a bona fide resident of said city for at least six (6) months prior to said election and a resident of the State of Georgia for a period of twelve (12) months. Section 9. Registration of voters. Be it further enacted by the authority aforesaid, that the City of Hinesville shall provide for the permanent registration of the qualified voters thereof, by providing a book for such purpose, so that one registration therein is all that is required so long as all other qualifications required by such registration are retained by the person registering in said book The mayor and councilmen of said City of Hinesville shall furnish the clerk of council of said city with a book, to be called the permanent registration book, upon which all persons, desiring to qualify as electors shall be required to qualify as provided by the charter of the City of Hinesville. Such electors upon qualification shall sign their names in alphabetical order, and shall read or have read to them the oath provided for herein before signing. The electors who have qualified and have signed the permanent qualification book shall not thereafter be required to register or further qualify, except as may be required by mayor and councilmen of said city. Each person presenting himself to the clerk of council for the purpose of registering shall before signing his name in the book of permanent registration, be administered the following

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oath, You do solemnly swear that you are a citizen of the United States; that you have resided in the State of Georgia twelve months and will have resided in the City of Hinesville six months before the next election to be held in said city; that you are eighteen (18) years of age or over, and that you have met all requirements required of you by the ordinances of said city, so help you God. upon which said clerk shall register the name, age and occupation of said person, and the clerk shall, on the day of such election, furnish the election managers with a list of the registered, qualified voters of said city, certified by him as such official. The clerk shall keep the permanent registration book open in the clerk's office during the time said office is open for the transaction of business, for the purpose of permitting those to register who desire to do so in the permanent registration book. The clerk shall on the first Wednesday of October of the year 1959, and quadrennially thereafter on the first Wednesday in October, close the voter's book for the general election to be held on the third Wednesday in October, 1959, and quadrennially thereafter on the same date. In all cases of special elections in said city, the clerk shall close the book of permanent registration fifteen (15) days before the holding of said special election. On the third Wednesday in October, 1959, and quadrennially thereafter on the same date, the clerk shall furnish a list of all registered voters who are qualified to vote in said election to the election managers for said election. In case of a special election, he shall likewise furnish a list of the qualified and registered voters to the election manager on the day of the election. In case an elector is not allowed to register by the clerk or whose name is left off the list of qualified voters by the clerk, they shall have the right of appeal to the mayor and councilmen of the City of Hinesville, whose findings shall be final. Said appeal can be made immediately upon the elector ascertaining this fact and the mayor and councilmen shall immediately assemble and hear the appeal de novo. Said hearing shall be before the polls are closed for the election at which elector desires to vote,

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whether special or general, so that a voter may not be removed from the list without a final hearing before the polls are closed at said election. The clerk must revise and purge the list of qualified voters before such election, both general and special. When a name is stricken from the list of qualified voters for any cause, it can only be re-entered thereon by action of the clerk, who shall have the right and power to restore the name when authorized by mayor and councilmen. Section 10. Punishment for illegally voting. Be it further enacted by the authority aforesaid, that any person voting at any election of said city who is not a qualified voter according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction therefor shall be punished as prescribed in the Penal Code of said State. Section 11. Mayor and Council, qualifications. Be it further enacted by the authority aforesaid, that no person shall be eligible to the position of mayor and council unless he has reached the age of twenty-one years, a citizen of the United States and of the State of Georgia, and shall have resided in the City of Hinesville for at least twelve (12) months prior to his election. Section 12. Marshal and Clerk. Be it further enacted by the authority aforesaid, that said mayor and councilmen shall have the authority to elect a judge of Mayor's Court, a marshal and also a clerk and treasurer and prescribe the duties of each; to fix their salaries and require of them such bond as they may deem necessary. Judge of Mayor's Court. Section 13. Terms of office. Be it further enacted by the authority aforesaid, that officers of said City of Hinesville in October, 1959 and at each quadrennial election thereafter shall enter upon the discharge of their duties on the first day of November, next succeeding, and shall continue the discharge of their duties of said position four years or until their successors are elected and qualified; and the mayor shall not be eligible to succeed himself after two four (4) year terms in office.

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Section 14. Vacancies how filled. Be it further enacted by the authority aforesaid, that any vacancy that may occur from any cause in the office of mayor or council shall be filled by the election by remaining members of the council and the mayor or by the council in case vacancy be in the office of the mayor, said election to be made from the citizens of the city of Hinesville who are eligible to the office under the terms of this charter. Section 15. Compensation. Be it further enacted by the authority aforesaid, that the mayor and councilmen of the City of Hinesville shall receive such compensation for his services as may be fixed by the council, which shall not be increased or decreased during his term of office. Section 16. Ordinances. Be it further enacted by the authority aforesaid, that said mayor and council shall have the power to make and pass all ordinances, by-laws, rules and regulations that may be necessary for the good government, peace, order and health of said city, to have the enforcement of all powers herein granted, provided they are not repugnant to the Constitution of the State of Georgia or the United States. Section 17. Taxes. Be it further enacted by the authority aforesaid, that said mayor and council shall have power to levy a tax not to exceed eighteen mills on all property, real or personal, subject to taxation by the laws of the State of Georgia within the corporate limits of said city, for the purpose of paying the expense of said government. Section 18. Business licenses. Be it further enacted by the authority aforesaid, that whenever anything for which state licenses are required shall be done within said city, the mayor and council may require a city license thereon, and may impose a tax thereon for the use of said city. They have the power to license and regulate the management of hotels, private boarding houses, livery stables, private and public transportation through the town, and shall also have the power to tax

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any person operating any kind of business, mercantile or otherwise, in addition to the ad valorem tax provided for by law, also they shall have the power to tax all shows taxable by the State which may exhibit within said city and said mayor and council have the power to pass all ordinances to carry into effect the provisions of this section, and shall have power to prohibit any of the things named in this section. Section 19. Tax Liens. Be it further enacted by the authority aforesaid, that there shall be a lien upon all personal property and real estate within said city for all taxes assessed thereon, and for all fines or penalties which may be assessed or imposed upon the owners thereof by the authority of said city from time to time, which shall have priority over all other liens, except for taxes due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of the liens for State and county taxes, or in such manner as the mayor and council by ordinance may prescribe. Section 20. Be it further enacted, that there shall be a mayor's court for the trial of all offenders against the laws or by-laws, ordinances and regulations of said city, to be held by the mayor, or a recorder, or judge appointed by the mayor and council, as often as necessary at the office of the said mayor, or in his discretion in the county courthouse in said city. Said court shall have the power to preserve order and punish for contempt as hereinafter provided. Said court is hereby empowered to compel the attendance of witnesses unto that end made by rule for contempt, punish witnesses for failure to obey the mandates and subpoenas of the court. Said court shall be authorized and empowered to punish for violation of the laws or ordinances of said city by imprisonment in the city prison or a period not exceeding sixty (60) days, by compelling the defendant or offender to labor upon the streets of said city for a period not longer than sixty (60) days of confining the defendant in the city jail for a period not exceeding sixty (60) days or by a fine not exceeding one hundred ($100.00)

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dollars, to include costs of court, which fine may be collected by execution, or by any one or more of these punishments, in the discretion of the court. Either one of said punishments may be imposed as an alternative punishment to some other imposed. The council shall fix fees for marshal, clerk and presiding officers of said court to be taxed against losing party in all cases. Recorder's Court. Section 21. Executions. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to provide by ordinances, for the collection of all taxes, money and fines due said city by execution issued by the mayor, and executed by the marshal thereof. Section 22. Mayor pro tem. Be it further enacted by the authority aforesaid, that the said mayor and council shall have the power to elect a mayor pro tem. from among the councilmen elected from said city, who shall perform all the duties and exercise all the powers of the mayor when from any cause the mayor cannot be present to perform the duties of said office. Section 23. Mayor's court. Be it further enacted by the authority aforesaid, that the mayor shall have the power to try, sentence and punish all offenders against the laws of said city, to compel the attendance of witnesses, to administer oaths, to admit any offender to bail or to commit him to the city jail, and to designate said power to a judge, or recorder to act in his behalf and in his stead. Section 24. Be it further enacted by the authority aforesaid, that the mayor of said city shall be the chief executive officer thereof; he shall see that all orders by-laws, ordinances, acts and resolutions of the mayor and council are faithfully executed; he may appoint a special police when he may deem it necessary, of whom he shall have full control; he shall have power to issue all executions, penalties and costs imposed by him, as well as executions for taxes due after the time has expired that they shall be paid. Mayor.

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Section 25. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have the right to provide for the annual return of property, both real and personal, for taxes by the citizens and taxpayers of said city and shall have the right to supervise all the returns thus made and fix a just valuation upon all such property subject to taxation in said city; and to revise and correct said return. Taxes. Section 26. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to issue bonds for public improvements of said city, subject to the limitation and regulations in such case provided by the Constitution and laws of the State of Georgia. Bonds. Section 27. Be it further enacted by the authority aforesaid that said mayor and council shall have the power of eminent domain to condemn property and to lay out streets, alleys and public highways within the corporate limits of said city of Hinesville and for the improvement of streets and erection of sidewalks. Eminent domain. Section 28. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1959. Affidavit and copy of advertisement attached to Enrolled Act. CRABBING IN CERTAIN COUNTIES REGULATED. No. 215 (House Bill No. 64). An Act to provide that in all counties of this State having a poulation of more than 150,000, according to the 1950 United States Census or any future such census, that it shall be unlawful to catch crabs for commercial purposes within 100 yards of the property line of any

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resident or any extension of his dock; to regulate the manner of setting out crab traps, crap pots and crab trap floats in the rivers, streams, creeks, sounds, cuts, bays and estuary in this State; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The provisions of this Act shall only be applicable to all counties of this State having a population of more than 150,000, according to the 1950 United States Census or any future such census. Counties where applicable. Section 2. The term crab trap, as used herein, shall include all crab pots, crab traps and any other similar device used for the taking of crabs. The term crab trap float, as used herein, shall mean and include those corks, floats or substances of any and whatever kind attached by a line or chain to a crab trap and which remains on the surface of the water. Definitions. The term crab trap anchor, as used herein, shall mean and include all weights or devices used to anchor the crab trap float into position. The term stream, as used herein, means any creek, bay, stream, cut, sound, river or estuary, including the Intracoastal waterway as shown on the Coast and Geodetic Survey Chart of said waterway in this State. Section 3. No crab trap float nor crab trap anchor shall be anchored any farther out than twenty (20) yards from the mean low water mark in any stream of three hundred (300) yards or more in width at mean low water; provided, however, that a crab trap may be placed farther out in the said stream, if it is so attached to the crab trap anchor that the line from the crab trap float goes to the bottom of the stream to the crab trap anchor, and a line of non-floating material is laid from the crab trap anchor along the bottom of the stream to the crab trap. Location of crab traps.

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Section 4. No crab trap float nor crab trap anchor shall be anchored any farther out than ten (10) yards from the mean low water mark in any stream which is fifty (50) yards or more in width at mean low water and not more than three hundred (300) yards in width at mean low water. Provided, however, that a crab trap may be placed farther out in the said stream if it is so attached to the crab trap anchor that the line from the crab trap float goes down to the bottom of the stream to the crab trap anchor, and a line of non-floating material is laid from the crab trap anchor along the bottom of the stream to the crab trap. Same. Section 5. No crab trap, crab trap anchor, or crab trap foat shall be placed any farther out than five (5) yards from the mean low water mark of any stream twenty-five (25) yards or more in width at mean low water and less than fifty (50) yards in width at mean low water. Same. Section 6. No crab trap or crab trap float shall be placed in any stream of less than twenty-five (25) yards in width, at mean low water. Same. Section 7. Each crab trap float when in position in any stream, must be attached thereto in such manner as to be clearly visible for not less than 100 yards in the daytime, a red flag of not less than 16 square inches, on a staff not less than 18 inches in length. Each crap trap float when in position in any stream, must have attached thereto in such a manner as to adequately reflect light to a distance of not less than 50 yards at night, in all directions, luminous paint, tape, or other reflective substance. Each crab trap and crab trap float when in position in any stream, must have attached thereto, on both the crab trap and crab trap float, in such a manner as to be clearly legible, the name and address of the owner. Markings. Section 8. No person shall catch crabs for commercial purposes within 100 yards of the property line of any resident or any extension of his dock. Commercial crabbing.

Page 2616

Section 9. Any person violating any provision of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Crimes. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1959. BRYAN COUNTYFEE SYSTEM ABOLISHED AS TO CERTAIN OFFICERS. No. 216 (House Bill No. 72). An Act to change the compensation of the sheriff, the deputy sheriff of the 20th GMD, the deputy sheriff of the 19th and 1380th GMD, and the clerk of the superior court of Bryan County from the fee system to the salary system; to provide the procedure in connection therewith; to provide for the disposing of fees; to provide an effective date; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the sheriff, the deputy sheriff of the 20th GMD, the deputy sheriff of the 19th and 1380th GMD, and the clerk of the superior court of Bryan County, which is now based on a fee system is hereby abolished and the officers herein named shall thereafter be paid salaries as herein provided. All fees, costs, percentages, forfeitures, penalties and allowances, and all perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected as compensation for service by an officer named, shall be received and diligently collected by said officer for the sole use of Bryan County and shall be held as public funds belonging to Bryan County and accounted for and paid over to the county treasurer of Bryan County on the first Tuesday in each month at which

Page 2617

time a detailed, itemized statement shall be made by the officer to show such collection and sources from which collected and the county treasurer of Bryan County shall keep a separate account showing such collections and the source from which they are paid. Fee system abolished. Section 2. The salaries of the county officers of Bryan County shall be as follows: Sheriff $6,000.00 per annum Deputy Sheriff, 20th GMD $4,500.00 per annum Deputy Sheriff, 19th and 1380th GMD $3,600.00 per annum Clerk of Superior Court $6,000.00 per annum All salaries payable under this Act shall be paid in equal monthly installments. Section 3. This Act shall become effective on January 1, 1961. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that a Bill will be introduced in the January session 1959 Georgia Legislature: To be entitled an Act to change the compensation of the sheriff, the deputy sheriff of the 20th Georgia Military District, the deputy sheriff of the 19th and 1380th Georgia Military District, and the clerk of the superior court of Bryan County from the fee system to the salary system; to provide the procedure in connection therewith; to provide for the disposing of fees; to provide an effective date; to repeal all conflicting laws and for other purposes. This the 22nd day of December, 1958. Representative in the General Assembly from Bryan County. Jack W. Shuman
Page 2618

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack W. Shuman, who, on oath, deposes and says that he is representative from Bryan County, and that the attached copy of notice of intention to introduce local legislation was published in the The Pembroke Journal, which is the official organ of said county, on the following dates: December 25, 1958, January 1, and January 8, 1959. Jack W. Shuman Representative, Bryan County Sworn to and subscribed before me this 19 day of Jan., 1959. Janette Hirsch Notary Public, Georgia, State at Large My Commission Expires October 4, 1960 (Seal). Approved March 10, 1959. CITY COURT OF PEMBROKECOMPENSATION OF SOLICITOR. No. 217 (House Bill No. 74). An Act to amend an Act creating and establishing the City Court of Pembroke in and for the County of Bryan, approved January 10, 1938 (Ga. L. 1937-38, Ex. Sess., p. 714), as amended, particularly by an Act approved February 11, 1943 (Ga. L. 1943, p. 781), so as to provide compensation for the solicitor-general; to provide for the disposing of fees; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2619

Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act creating and establishing the City Court of Pembroke in and for the County of Bryan, approved January 10, 1938 (Ga. L. 1937-38, Ex. Sess., p. 714), as amended, particularly by an Act approved February 11, 1943 (Ga. L. 1943, p. 781), by striking section 4 of the original Act, as amended, in its entirety, and inserting in lieu thereof the following: Section 4. The Solicitor of the City Court of Pembroke shall be elected, and if no election, then a Solicitor Tempore shall be appointed by the Judge of the City Court of Pembroke for each term of the court, which solicitor shall be a practicing attorney in the City Court of Pembroke. The solicitor of the City Court of Pembroke whether elected or appointed shall receive eighteen hundred ($1,800.00) dollars per annum, payable in monthly payments. All fees, costs, percentages, forfeitures, penalties and 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 the solicitor-general, shall be received and diligently collected by the solicitor-general for the sole use of Bryan County and shall be held as public funds belonging to Bryan County and accounted for and paid over to the county treasurer of Bryan County on the first Tuesday in each month at which time a detailed, itemized statement shall be made by the solicitor-general to show such collection and sources from which collected and the county treasurer of Bryan County shall keep a separate account showing such collections and the sources from which they are paid. Section 2. This Act shall become effective on January 1, 1961. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2620

Notice. Notice is hereby given that a Bill will be introduced in the January session 1959 Georgia Legislature: To be entitled an Act to amend an Act creating and establishing the City Court of Pembroke in and for the County of Bryan, approved January 10, 1938 (Ga. L. 1937-38, Ex. Sess., p. 714), as amended, particularly by an Act approved February 11, 1943 (Ga. L. 1943, p. 781), so as to provide compensation for the solicitor general; to provide for the disposing of fees; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative in the General Assembly from Bryan County. Jack W. Shuman. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack W. Shuman, who, on oath, deposes and says that he is representative from Bryan County, and that the attached copy of notice of intention to introduce local legislation was published in the The Pembroke Journal, which is the official organ of said county, on the following dates: December 25, 1958, January 1, and January 8, 1959. Jack W. Shuman Representative, Bryan County. Sworn to and subscribed before me this 19 day of Jan. 1959. Janette Hirsch Notary Public, Georgia, State at Large My Commission Expires October 4, 1960. (Seal). Approved March 10, 1959.

Page 2621

ELBERT COUNTYSALARY AND EXPENSES OF TAX COMMISSIONER, REFERENDUM. No. 218 (House Bill No. 85). An Act to amend an Act creating the office of County tax commissioner of Elbert County, approved August 7, 1925 (Ga. L. 1925, p. 640), as amended by an Act approved July 27, 1929 (Ga. L. 1929, p. 602), and an Act approved March 10, 1937 (Ga. L. 1937, p. 1323), so as to change the compensation of the tax commissioner from a fee basis to a salary basis; to fix the salary of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of county tax commissioner of Elbert County, approved August 7, 1925 (Ga. L. 1925, p. 640), as amended by an Act approved July 27, 1929 (Ga. L. 1929, p. 602), and an Act approved March 10, 1937 (Ga. L. 1937, p. 1323), is hereby amended by striking section 5 in its entirety and in lieu thereof inserting the following: Section 5. The compensation of the county tax commissioner of Elbert County, Georgia shall be $7,000.00 per annum, payable monthly out of the funds of Elbert County. The compensation hereinabove provided shall be in lieu of any and all fees, costs, commissions, and perquisites allowed by law for the receiving and collecting of county taxes. All expenses of operating the office of county tax commissioner, including personnel, shall be borne and paid for out of the funds of Elbert County except expenses incurred in travel to various districts to receive tax returns. Said office expenses shall be determined by the grand jury in session when the salary basis becomes effective based upon recommendations of the tax commissioner and the commissioner of roads and revenues. The tax commissioner shall be responsible for the employment of the necessary personnel to operate such office.

Page 2622

Section 2. Not less than ten nor more than fifteen days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Elbert County to issue the call for an election for the purpose of submitting this Act to the voters of Elbert County for approval or rejection. The ordinary shall set the date for such election Wednesday, April 8, 1959. 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 Elbert County. The ballot shall have written or printed thereon the words: For approval of the Act compensating the Tax Commissioner of Elbert County on a salary basis in lieu of a fee basis. Referendum. Against approval of the Act compensating the Tax Commissioner of Elbert 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 as of 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 Elbert County. It shall be the duty of the ordinary to hold and conduct such an 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.

Page 2623

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1959 Session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Elbert County, Georgia, from a fee basis to a salary basis; to fix the compensation of the Tax Commissioner of Elbert County; and for other purposes. This 22 day of Dec., 1958. J. H. Miller Representative, Elbert Co. Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. H. Miller, who, on oath, deposes and says that he is representative from Elbert County, and that the attached copy of notice of intention to introduce local legislation was published in the The Elberton Star, which is the official organ of said county, on the following dates: Dec. 23 30, 1958 and January 6, 1959. J. H. Miller Representative, Elbert County Sworn to and subscribed before me this 12th day of January, 1959. G. Hughel Harrison Notary Public, Georgia, State at Large My Commission Expires April 30, 1961 (Seal). Approved March 10, 1959.

Page 2624

ELBERT COUNTYCLERK OF SUPERIOR COURT AND ORDINARY PLACED ON SALARY, REFERENDUM. No. 219 (House Bill No. 86). An Act to place the clerk of the superior court and the ordinary of Elbert County on a salary basis in lieu of a fee basis; to provide for the collection of fees, costs, commissions and other purposes of such officers for the use and benefit of Elbert County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The clerk of the superior court of Elbert County shall be compensated in the amount of six thousand ($6,000.00) dollars per annum, payable monthly from the funds of Elbert County. All expenses of operating the office of the clerk of the superior court of Elbert County, including personnel, shall be borne and paid for out of the funds of Elbert County. Said office expenses shall be determined by the grand jury in session when the salary basis becomes effective based upon recommendations of the clerk of the superior court and the commissioner of roads and revenues. The clerk of the court shall be responsible for the employment of the necessary personnel to operate such office. Clerk of superior court. Section 2. The ordinary of Elbert County shall be compensated in the amount of forty-five hundred ($4,500.00) dollars per annum, payable monthly from the funds of Elbert County. All expenses of operating the office of county ordinary, including personnel, shall be borne and paid for out of the funds of Elbert County. Said office expenses shall be determined by the grand jury in session when the salary basis becomes effective based upon recommendations of the ordinary and the commissioner of roads and revenues. The ordinary shall be responsible for the employment of the necessary personnel to operate such office. Ordinary. Section 3. The compensation provided hereinabove

Page 2625

shall be the said officers' sole compensation and in full payment of all services rendered by said officers in performing the duties of their respective offices, including the services performed by such officers as ex officio officers of said county. Sole compensation. Section 4. All fees, costs, commissioners, forfeitures, penalties, allowances, moneys and other emolument and perquisites of any kind which are now, or may be hereafter, allowed by law to be received or collected as compensation for services of any of said officers, except said salaries, shall be collected by each and all of said officers for the sole use of Elbert County and shall be paid by said officers to Elbert County and said county is hereby subrogated to all rights, claims and liens of said officers respectfully therefor. Fees. Section 5. Not less than ten nor more than fifteen days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Elbert County to issue the call for an election for the purpose of submitting this Act to the voters of Elbert County for approval or rejection. The ordinary shall set the date for such election Wednesday, April 8, 1959. 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 Elbert County. The ballot shall have written or printed thereon the words: For approval of the Act to place the Clerk of the Superior Court and the Ordinary of Elbert County on a salary basis in lieu of a fee basis. Referendum. Against approval of the Act to place the Clerk of the Superior Court and the Ordinary of Elbert 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 votes cast on such question are for approval

Page 2626

of the Act, it shall become of full force and effect as of 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 Elbert 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. 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 there will be introduced at the January 1959 session of the General Assembly of Georgia a bill to place the clerk of the superior court and the ordinary of Elbert county on a salary basis in lieu of a fee basis; to fix the compensation of each of said officers; and for other purposes. This 22 day of Dec., 1958. J. H. Miller, Representative, Elbert Co. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. H. Miller, who, on oath, deposes and says that he is representative from Elbert County, and that the attached copy of notice of intention to introduce local legislation was published in The Elberton Star, which is the official organ of said county, on the following dates: December

Page 2627

23 and 30, 1958, and January 6, 1959. /s/ J. H. Miller J. H. Miller Representative, Elbert County. Sworn to and subscribed before me this 12th day of January, 1959. G. Hughel Harrison Notary Public, Georgia, State at Large. My Commission expires April 30, 1961. (Seal). Approved March 10, 1959. ELBERT COUNTYBOARD OF COUNTY COMMISSIONERS, REFERENDUM. No. 220 (House Bill No. 87). An Act to amend an Act entitled An Act to Provide a Board of Commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved August 11, 1913 (Ga. L. 1913, p. 385), and an Act approved February 1, 1951 (Ga. L. 1951, p. 2199), so as to provide for commissioner districts; to provide that, after the term of the present incumbent, the commissioner of roads and revenues of Elbert County shall be composed of five members; to provide for a chairman of the commissioners, his term of office, his compensation and duties; to provide for the filing of vacancies; to provide for a bond of the chairman and clerk and to fix the amount and payment of the premium thereof; to provide for the submission of this Act for ratification or rejection; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2628

Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide a board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved August 11, 1913 (Ga. L. 1913, p. 385) and an Act approved February 1, 1951 (Ga. L. 1951, p. 2199), is hereby amended by adding a new section to be numbered section 1 A, to read: Section 1A. For the purpose of electing future members of the board of commissioners of roads and revenues of Elbert County, there is hereby created five commissioner districts in Elbert County, to wit: (all directions are general directions from the City of Elberton). Commissioner District No. 1 shall be composed of that area outside the corporate limits of the City of Elberton between State highway 72 (Southwest) and State highway 17 (Southeast). Commissioner district No. 2 shall be composed of that area outside the corporate limits of the City of Elberton between State highway 17 (Southeast) and State Highway 72 (East) Commissioner District No. 3 shall be composed of that area outside the corporate limits of the City of Elberton between State highway 72 (East) and State highway 17 (North). Commissioner District No. 4 shall be composed of that area outside the corporate limits of the City of Elberton between State highway 17 (North) and State highway 72 (Southwest). Commissioner District No. 5 shall be composed of that area within the corporate limits of the City of Elberton. The districts herein provided shall be bounded by the highways hereinabove enumerated as they exist on the effective date of this Act. Commissioner districts. Section 2. Said Act, as amended, is further amended by adding a new section to be numbered 1 B, to read: Section 1B. Any other provision of this Act to the contrary notwithstanding, at the expiration of the term of the incumbent commissioner, the board of commissioners of roads and revenues for the County of Elbert

Page 2629

shall be composed of five members. One commissioner shall be a resident of each of the commissioner districts hereinabove created. The compensation and the duties of the chairman shall be determined by the board before the chairman is elected. The commissioners shall elect from their number a chairman, and he shall perform such duties and shall be compensated in an amount as shall be determined by the board. The chairman shall serve at the pleasure of the board. Any vacancies shall be filled by the remaining members of the board for the unexpired term. The remaining members of the board shall be compensated in the amount of $30.00 per month, payable from the funds of Elbert County. The five man board of commissioners of roads and revenues for the County of Elbert provided herein shall be elected at the same time and manner as is now provided for the election of the commissioner of roads and revenues of Elbert County. Commissioners. 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. The commissioners shall appoint a clerk to perform such duties as may be required of him by the Commissioners. The clerk shall serve at the pleasure of the commissioners. The commissioners shall set the duties and compensation of the clerk. The clerk and the chairman shall give bond in an amount to be determined by the commissioners. Such bond shall be payable to the ordinary of Elbert County, conditioned upon the faithful performance of the duties of the clerk and chairman. The clerk shall be bonded in the minimum amount of twenty-five hundred ($2,500.00) dollars. The premium of any such bond shall be payable from the funds of Elbert County. Clerk bonds. Section 4. Not less than ten nor more than fifteen days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Elbert County to issue the call for an election for the purpose of submitting this

Page 2630

Act to the voters of Elbert County for approval or rejection. The ordinary shall set the date for such election Wednesday, April 8, 1959. 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 Elbert County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act changing the number of Commissioners of Roads and Revenues from one to five. Against approval of the Act changing the number of Commissioners of Roads and Revenues from one to five. 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 of 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 Elbert 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. 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 1959 session of the General Assembly of Georgia, a bill to provide an Advisory Board of county commissioners during the remaining term of the incumbent

Page 2631

commissioner; to provide for the duties, meetings, compensation and election of the advisory board; to provide for commissioner districts; to provide that, after the term of the present incumbent the commissioners of roads and revenues of Elbert county shall be composed of five members; to provide for a chairman of the commissioners and his term of office and compensation; to provide for the filling of vacancies; to provide that the incumbent commissioner may not spend any funds of Elbert County or take any action except upon approval of advisory board created hereunder; and for other purposes. This 22 day of Dec. 1958. J. H. Miller, Representative, Elbert Co. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. H. Miller, who, on oath, deposes and says that he is representative from Elbert County, and that the attached copy of notice of intention to introduce local legislation was published in The Elberton Star, which is the official organ of said county, on the following dates: December 23 and 30, 1958 and January 6, 1959. J. H. Miller, Representative, Elbert County. Sworn to and subscribed before me this 12th day of January, 1959. G. Hughel Harrison Notary Public, Georgia, State at Large. My Commission expires April 30, 1961. (Seal). Approved March 10, 1959.

Page 2632

STENOGRAPHERS FOR GRAND JURIES OF CERTAIN COUNTIES. No. 221 (House Bill No. 89). An Act to authorize a stenographer to be present with the grand jury while witnesses are being examined by the grand jury in counties 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; to provide for the appointment of such stenographer and to regulate the conduct of such stenographer; to provide the oath to be taken by such stenographer before appearing before the grand jury, and to prohibit such stenographer from testifying in any hearing or trial concerning anything learned or heard by such a stenographer while in attendance on said grand jury; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same. Section 1. That from and after the passage of this Act a stenographer may be appointed by the solicitor-general in counties 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 and such stenographer, when so appointed, is hereby authorized to be present and in attendance upon the grand jury of such counties while any witness is being examined by that body provided, however, that before attending such grand jury such stenographer shall take the following oath, to-wit: Counties where applicable. I do solemnly swear that I will keep secret all things and matters coming to my knowledge while in attendance upon the grand jury. So help me God. Oath. However, such stenographer is hereby authorized to take and transcribe the testimony or any part of the

Page 2633

testimony of any witness who testifies before the grand jury and to furnish such transcript of testimony to the grand jury or to the solicitor-general only. Transcript. Section 2. Be it further enacted and it is hereby enacted by the authority of the same, that such stenographer shall be incompentent to testify upon any hearing or trial concerning any matter or thing coming to the knowledge of such stenographer while in attendance on the grand jury. Testimony. Section 3. Be it further enacted and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 10, 1959. PENSIONS TO WIDOWS OF PENSIONERS OF CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONS. No. 226 (House Bill No. 147). An Act to amend an Act entitled an Act to provide that cities having a population of more than 150,000 by the United States Census of 1920 or any subsequent census shall furnish pensions to all officers and employees of such cities who have served twenty-five years and for the other purposes set forth in the Act approved August 20, 1927 (Ga. L. 1927, p. 265) and the several Acts amendatory thereof; to provide for the payment of pensions to widows of officers and employees who have retired on a pension and to widows of officers and employees who were entitled to retire on a pension but had failed to do so, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of

Page 2634

the same that the Act described in the caption to this Act, as amended, be further amended as follows: Section 1. That section 8 of an Act approved March 28, 1935, (Ga. L. 1935, p. 445-449), which said Act is an amendment to the Act described in the caption to this Act, as the same was amended by an Act approved March 8, 1945 (Ga. L. 1945, p. 999, et seq.), be further amended by adding at the end of said section, as now amended, the following: or for 5 years prior to the death of an officer or employee who was entitled to retire but failed to do so. so that said section, as amended, shall read as follows: Be it further enacted, that the pensions set up and provided for in this Act shall, in case of death of the pensioner if said pensioner has complied with all the requirements of this Act as to designating the surviving widow, if such pensioner shall leave a surviving widow, be a sum equal to three-fourths ([frac34]ths) of the amount the pensioner would have received and shall be paid to such widow during the remainder of her life except that such widow's pension shall be discontinued in case of her remarriage. In case the officer or employee could have secured a pension on account of his services but failed to do so and continued in the service of the city and died without having a pension set apart to said widow subject to the restrictions herein named and provided the pensioner has paid for such privilege, such widow may apply for and receive a pension of three-fourths ([frac34]ths) of the amount equal to what her deceased husband would have been entitled to and have the sum of said pension set apart to her during her life of widowhood. Provided, however, in order to entitle the widow to a pension under this Act, she must have been the wife of the officer or employee of such cities for a period of five (5) years prior to the retirement of such pensioner or for five (5) years prior to the death of an officer or employee who was entitled to retire but failed to do so, as provided by the terms of this Act.

Page 2635

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1959. PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS IN CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONSCREDIT FOR MILITARY SERVICE. No. 227 (House Bill No. 151). 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 section 1 of an Act approved March 9, 1956 (Ga. L. 1956 p. 3379) 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 Georgia and it is hereby enacted by authority of the same as follows: Section 1. That section 1 of an Act approved March 9, 1956, amending the Act set forth in the caption to this Act, (Ga. L. 1956 p. 3379) be further amended by striking from the fourth line of said section the following language: and actually served in Korea so that said section, as amended, shall read as follows: Any officer or employee who was inducted in the service of the Armed Forces of the United States under

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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 sub-section (f) thereof. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1959. DEKALB COUNTYCOMMISSIONER DISTRICTS, VACANCIES ON BOARD OF COMMISSIONERS. No. 228 (House Bill No. 180). An Act to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia, and creating a chairman and board of commissioners of roads and revenues for DeKalb County, Georgia, approved March 8, 1956 (Ga. L. 1956, Vol. II, p. 3237) so as to redefine and correctly describe commissioner districts three and four established therein; to provide a new method of filling vacancies in the office of chairman or member of the board of commissioners of roads and revenues of DeKalb County, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act amending, revising, superseding and consolidating the laws pertaining to the governing

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authority of DeKalb County, Georgia, and creating a chairman and board of commissioners of roads and revenues for DeKalb County, Georgia, approved March 8, 1956 (Ga. L. 1956, Vol. II, p. 3237) is hereby amended by striking the fourth and fifth paragraphs of section 2 (A) thereof, which paragraphs describe and designate commissioner district number three and commissioner district number four, in their entirety and by substituting in lieu thereof two new paragraphs describing and designating commissioner district number three and commissioner district number four, which substituted paragraphs shall read as follows: Commissioner district number three shall be all that tract or parcel of land situated in the central south part of DeKalb County, and being more particularly described as beginning at a point on the south prong of Peachtree Creek at the intersection of said creek with the Seaboard Air Line Railroad and continuing south along the Seaboard Air Line Railroad to the intersection of said railroad with East Lake Drive; thence southeasterly along East Lake Drive to the intersection of said drive with Second Avenue; thence south along Second Avenue to the intersection of said avenue with Gordon Street; thence east along Gordon Street to the intersection of said street with Fayetteville Road; thence north along Fayetteville Road to the intersection of said road with Pharr Road; thence easterly along Pharr Road to the intersection of said road with Candler Road; thence southerly along Candler Road to the intersection of said road with Glenwood Avenue; thence west along Glenwood Avenue to the intersection of said avenue with the east prong of Dolittle Creek; thence southerly along the east prong of Dolittle Creek and the main body of Dolittle Creek to the intersection of said prong and creek with South River; thence east along South River to the intersection of said river with Panthersville Road; thence southerly along Panthersville Road to the intersection of said road with the DeKalb County line; thence east, south, east, north and east along the DeKalb County line to the intersection of said county line with Lombard Road; thence north along Lombard Road to the intersection

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of said road with Corn Creek; thence easterly along Corn Creek to the intersection of said creek with South River; thence northwesterly along South River to the intersection of said river with Snapfinger Creek; thence northerly along Snapfinger Creek to the intersection of said creek with Brown's Mill Road; thence northwesterly along Brown's Mill Road to the intersection of Decatur-Flat Shoals Road and Wesley Chapel Road; thence northwesterly along Decatur-Flat Shoals Road to the intersection of said road with Cobb Creek; thence northwesterly along Cobb Creek to the intersection of said creek with Peachcrest Road; thence northwesterly along Peachcrest Road to the intersection of said road with Midway Road; thence north along Midway Road to the intersection of said road with the Covington Highway; thence northwesterly along the Covington Highway to the interesection of said highway with North Clarendon Avenue, formerly known as the Old Stone Mountain Road; thence northerly along North Clarendon Avenue to the intersection of said avenue with Laredo Drive, formerly known as Farrar Place; thence northwesterly along Laredo Drive to the intersection of said drive with East Ponce de Leon Avenue; thence southerly along East Ponce de Leon Avenue to the intersection of said avenue with DeKalb Industrial Way; thence northerly along DeKalb Industrial Way to the intersection of said way with Lawrenceville Road; thence northeasterly along Lawrenceville Road to the intersection of said road with the south prong of Peachtree Creek; thence westerly along the south prong of Peachtree Creek to the point of beginning. Commissioner district no. 3. Commissioner District Number Four shall be all that tract or parcel of land situated in the southeast part of DeKalb County, and being more particularly described as beginning at a point on the south prong of Peachtree Creek at the intersection of said creek with Lawrenceville Road and proceeding southerly along Lawrenceville Road to the intersection of said road with DeKalb Industrial Way; thence southerly along DeKalb Industrial Way to the intersection of said way with East Ponce de Leon Avenue; thence northeasterly along East Ponce de

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Leon Avenue to the intersection of said avenue with Laredo Drive, formerly known as Farrar Place; thence southeasterly along Laredo Drive to the intersection of said drive with North Clarendon Avenue, formerly known as the Old Stone Mountain Road; thence southerly along North Clarendon Avenue to the intersection of said avenue with Covington Highway; thence southeasterly along Covington Highway to the intersection of said highway with Midway Road; thence south along Midway Road to the intersection of said road with Peachcrest Road; thence southerly along Peachcrest Road to the intersection of said road with Cobb Creek; thence southerly along Cobb Creek to the intersection of said creek with Decatur-Flat Shoals Road; thence southerly along Decatur-Flat Shoals Road to the intersection of said road with Wesley Chapel and Brown's Mill Roads; thence southerly along Brown's Mill Road to the intersection of said road with Snapfinger Creek; thence southerly along Snapfinger Creek to the intersection of said creek with South River; thence southeasterly along South River to the intersection of said river with Corn Creek; thence southwesterly along Corn Creek to the intersection of said creek with Lombard Road; thence south along Lombard Road to the intersection of said road with the DeKalb County line; thence east, southeasterly, northeasterly, and northwesterly along the DeKalb County line to the intersection of said county line with Old Rosser Road; thence westerly along Old Rosser Road to the intersection of said road with Rosser Road; thence westerly along Rosser Road to the intersection of said road with Tucker-Stone Mountain Road; thence south along Tucker-Stone Mountain Road to the intersection of said road with Fellowship Road; thence west along Fellowship Road to the intersection of said road with the south prong of Peachtree Creek; thence westerly along the south prong of Peachtree Creek to the point of beginning. Commissioner district no 4. Section 2. Said Act is further amended by adding at the end of section 5 thereof the following: All persons elected or appointed to fill vacancies

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pursuant to the provisions of this section shall serve until the next general election held in said county for election of members of the General Assembly, at which general election a person shall be elected to serve for the remainder of the unexpired term of any such office. Provided, nevertheless, that this section shall not be construed to prohibit any person so appointed or elected in any such special election from offering in said general election for election to the remainder of such unexpired term, nor to prohibit such person or any other person from offering in said general election both for election to the remainder of the unexpired term of such office and for election to a full term succeeding such unexpired term when such general election is the regular general election for election to such office. Vacancies. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. Notice of the intention to apply for the passage of this local Bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly as required by law. Attached hereto and made a part of this Bill is a copy of said notice, accompanied by an affidavit of the authors ot the effect that said notice has been published as provided by law. Affidavit. Georgia, DeKalb County. Personally appeared before me, the undersigned attesting officer authorized to administer oaths, James A. Mackay, Guy W. Rutland, Jr., and W. Hugh McWhorter, who on oath depose and say that they are representatives from DeKalb County, Georgia and authors of the attached Bill, and that the following notice of intention to introduce local legislation was published in the DeKalb New Era, which is the official organ of DeKalb

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County, Georgia, on the following days: January 1, 1959, January 8, 1959, and January 15, 1959. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1959, session of the General Assembly of Georgia a Bill to amend an Act approved March 8, 1956 (Ga. L. 1956, p. 3237) creating a chairman and board of commissioners of roads and revenues for DeKalb County, Georgia, so as to redefine the commissioner districts therein created; to provide a new method of filling vacancies in said offices; to empower said board to adopt ordinances for the governing and policing of said county, to provide penalties for the violation thereof, to authorize the licensing and regulation of businesses and the levying of license taxes, and to establish and create a county recorder's court, all in accordance with the Amendment to Section I of Article VI of the Constitution ratified November 4, 1958, (Ga. L., 1958, p. 582); to repeal conflicting laws; and for other purposes. This 29th day of December, 1958. W. Hugh McWhorter Guy W. Rutland, Jr. James A. Mackay Representatives, DeKalb County. Sworn to and subscribed before me this 26th day of January, 1959. Ann Hardy Notary Public, DeKalb County, Georgia. My Commission expires July 26, 1961. (Seal). Approved March 10, 1959.

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CITY OF CHAMBLEECHARTER AMENDED. No. 229 (House Bill No. 182). An Act to amend the Act of 1935, approved March 28, 1935, and found in Georgia Laws of 1935, at pages 944 to 976, inclusive, creating a new charter for the City of Chamblee, and to amend all Acts amended by said Act, and to amend all Acts amendatory of said Acts, so as to divided the corporate area and territory of said city into districts for the purpose of electing members of council in said municipality; to provide for the election of a councilman from each of said districts; to prescribe qualifications for candidates for the office of councilman; to provide qualifications for said office; to ratify and confirm previous amendments to said charter; to authorize the mayor and council to enter into agreements and contracts for the purpose of furnishing social security insurance and benefits to its employees and persons eligible for such protection; to authorize levying and collecting taxes to pay the costs and expenses of providing such protection; to authorize expenditure of moneys raised by taxation, and also general funds, for the purpose of maintaining such insurance and protection; to authorize the council to designate a newspaper from time to time in which official notices and advertisements of said municipality, or relating to its business, procedures, and proceedings shall be published; to amend the present requirements relating to publication of zoning 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, as follows: Section 1. On and after the passage and approval of this Act, the Act of August 17, 1908, found in Georgia 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, and found in Georgia Laws of 1935, pages 944

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to 976, inclusive, creating a new charter for the City of Chamblee, and all Acts amendatory thereof, and all Acts amended by said Acts, shall be, and the same are hereby amended in the following respects: Intent. Section 2. Section 1 of article 3 of said Act of 1935, as amended by the Act of 1952, approved February 15, 1952, and as amended is set out in full on page 2631 of Georgia Laws of 1952. Said section as amended vests control and management and legislative functions in a mayor and council, and provides and prescribes qualifications for said officers. By this Act said section is amended by adding at the end thereof the following subparagraphs: A. Hereafter members of the city council of said City of Chamblee shall be elected from districts within the city as defined by this Act. Council. B. At the time a candidate for the office of councilman qualifies as a candidate, and at the time he is elected to such office, and throughout his term of service as such, he shall be a bona fide resident of an election district within the city designated by him when qualifying as a candidate. This to be in addition to all other qualifications prescribed by the charter, as amended. Each councilman elected under these provisions shall be known as the councilman from the district specified by him when qualifying as a candidate, and as voted upon in the election. C. Each candidate for office of councilman shall be voted upon by the voters of the municipality, in city-wide elections, in the same manner as heretofore, and elected in the same manner as heretofore, except as changed by this Act. D. Each councilman elected pursuant to these provisions shall have the same city-wide powers, authority, and jurisdiction as was vested in councilmen prior to this Act.

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E. In holding elections pursuant to the provisions of this Act, written or printed ballots shall be used, and candidates for councilmen from each separate district shall be grouped or bracketed according to district. Each qualified voter participating in such election shall be entitled to vote for one candidate, and one only, from each district from which a candidate is to be elected. F. Candidates for the office of mayor, and their qualifications, are not affected by the provisions of this Act. G. This Act shall become effective, and shall apply to, the following: Elections held in 1959, prior to the regular December, 1959, elections, for the purpose of filling vacancies on the council; the regular December 1959 election, held on the first Saturday in December, 1959, for the purpose of electing councilmen for terms beginning January 1, 1960; the regular December, 1960, election held for the purpose of electing councilmen for terms beginning January 1, 1961. And the Act shall apply to all elections held for electing councilmen subsequent to the date last named. H. The office of a councilman shall become vacant upon his removal of his residence from the district from which elected. Section 3. Be it further enacted by the authority aforesaid, and it is so enacted by said authority, that section 35 of article 1 of said Act of 1935, which section appears on pages 987 and 988 of Georgia Laws of 1935 be, and the same is, hereby amended by repealing the last two sentences of said section and inserting in lieu of said stricken portion the following: When real property is levied upon by the marshal he shall advertise the same in the official organ of the municipality, designated as such by the governing authorities of the municipality, and sell the property before the front door of the meeting place of the city council in said municipality, on general legal sales day, as fixed by general law, after advertising to the same

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extent and in the same manner (except as to the newspaper in which advertised) as sheriff's sales. Said marshal shall have authority to execute to the purchaser of any property, real or personal, bills of sale and deeds to any property sold by such marshal, and to place purchasers in possession of such properties. All such marshal's sales to be for cash, at public auction, to the highest bidder, and within the legal hours of sale as fixed by general law. Executions, Marshal's sales. Section 4. Be it further enacted by the authority aforesaid, and it is so enacted, that section 2 of the Act approved January 30, 1946, and found in Georgia Laws of 1946, page 420, amending the charter of the City of Chamblee, which section relates to publication of zoning notices, be and the same is hereby repealed in its entirety and a new section 2 substituted to read as follows: Section 2. Be it further enacted by the authority aforesaid, that before any ordinance or resolution is passed zoning, districting, or restricting the use of any property, or changing the status of any when once fixed, the governing body shall cause to be published a notice of its intention to act in respect thereto at a designated time and place to be stated in the published notice. Said notice shall be published once each week for two consecutive weeks immediately before the designated meeting, in the official organ of the municipality, designated as such by the governing authorities of the municipality. Said publications shall be made in the two weeks immediately preceding the beginning of the week during which action will be taken pursuant to the notice. Said notice shall afford opportunity to interested persons to be heard both for and against the proposed action. Said meeting may be adjourned from day to day, and from time to time, and said matter may be carried over from meeting to meeting until regularly and duly heard and disposed of. The action of the governing body shall be final, but any interested person feeling himself injured or damaged thereby shall have the right of certiorari to the superior court of said county, to be sued

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out and disposed of under general laws regulating the practice on certiorari. Zoning notice. Section 5. All of said Act of 1946 (Ga. L. of 1946, pp. 420 to 422) as amended by this Act, is hereby ratified and confirmed as an amendment to the charter of said City of Chamblee. But ratified and confirmed only as amended by this Act. Act of 1946 ratified. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that section 3 of article 1 of said Act approved March 28, 1935 (Ga. L. 1935, pp. 976 to 994, inclusive), and all Acts amended by said Act, and all Acts amendatory of said Acts be, and the same are hereby amended by striking and repealing said section 3 of article 1 and substituting in lieu thereof a new section 3 to read as follows: Section 3. Said City of Chamblee shall have power to levy, assess, and collect ad valorem taxes for all ordinary, current, or otherwise legal expenses of government upon all property within its territorial limits, or taxable by it under provisions of general law, not to exceed five mills upon each dollar of assess valuations. Among the ordinary and legal purposes for which such taxes may be levied, collected, and expended by the municipality shall be that of furnishing Social Security insurance and protection to its employees and other persons eligible for such protection. Said municipality shall likewise have power and authority to expend other general funds for the same purpose whether raised by taxation or orthewise. Ad valorem taxes. Section 7. Be it further enacted by the authority aforesaid, and it is hereby so enacted, that said Act of 1935 (Ga. L. of 1935, pp. 976 to 994, inclusive), creating a new charter for said municipality, and all Acts amended by said Act, and all Acts amendatory thereof, be and the same are hereby amended in the following respects: First, by adding to article 1 of said Act of 1935, and

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to follow immediately after section 42, a new section to be known as section 43, and to read as follows: Section 43. The mayor and council of the City of Chamblee shall have authority to enter into all necessary contracts and agreements, bonds and other instruments for the purpose of furnishing Social Security protection and insurance to its employees and other persons eligible for such protection under existing laws, or under future laws. They shall have authority to expend public money for said purpose, as elsewhere provided in this Act. Social security. Second, by adding to said article 1 of said Act of 1935, and to follow immediately after section 43 above referred to, a new section to be known as section 44, and to read as follows: Section 44. The mayor and council of the City of Chamblee shall have authority to designate any newspaper published in DeKalb County, or having a general circulation in DeKalb County, as the official organ of said municipality, and in which all notices and advertisements required by said charter, as amended, or as may be amended hereafter, or as may be required by general law, shall be published. Said designation shall be made as soon after passage and approval of this Act as may be practicable. Such designation shall be recoverable at the will of the council at anytime. Official organ. Section 8. Be it further enacted by the authority aforesaid, and it is enacted by said authority, that said Act of 1935 (Ga. L. of 1935, pp. 976 to 994, inclusive), and all acts amendatory thereof, and particularly the Act approved January 7, 1958 (Ga. L. of 1958, pp. 3318 to 3322, inclusive), and all Acts amended by said several Acts (said Act of 1958 providing for annexation of additional territory to said municipality) be, and the same are, hereby amended by striking from and repealing the last clause of section 3 of said Act of 1958 which reads as follows: Sanitary taxes shall be collectible within said area

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for the year 1957, and inserting in lieu of the stricken and repealed clause the following: Sanitary taxes. Sanitary taxes shall be collectible within said area for the year 1959. Section 9. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that a referendum having been held as provided by the said Act of 1958 (Ga. L. of 1958, pp. 3318 to 3322, inclusive), which Act provided that certain territory be annexed to the City of Chamblee in the event a majority of those voting in the territory proposed to be annexed should be in favor of annexation, and those voting in the City of Chamblee should be in favor of annexation, and the result of said annexation as to both classes of voters being decidedly in favor of annexation, and so declared by the governing body, and by the governing body so certified to the Secretary of State, said annexation of the territory described in said Act of 1958 is hereby declared to be ratified, final, and complete, and said territory a part of the incorporated area of said municipality; and by this Act said territory is made a part of the incorporated area of said municipality. Annexation ratified. Section 10. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, the corporate area of the City of Chamblee is divided into districts for the purpose of electing councilmen who are to serve as such. For such purpose, said districts are to be known as election districts, and are to be numbered Election Districts 1, 2, 3, 4, and 5, respectively. (a) Election District 1 shall include the area lying within the following described lines and boundaries: Beginning at the point where the center line of Deere Drive, if extended in a straight line in a northerly direction would intersect the northwestern right-of-way line of Peachtree Industrial Boulevard, and from said point of interesction running southeastwardly along said

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extended center line, and along said center line also extended in the same course in a southeastern direction to the point where said extended line intersects the center line of Peachtree Road at or near the south line of land lot 299 of the 18th district of DeKalb County; thence running easterly along the center line of Peachtree Road to its intersection with the extended center line of Carroll Avenue; thence eastwardly along the extended center line of Carroll Avenue to its intersection with the center line of Hospital Road (as extended to said point of intersection); thence north along the center line of Hospital Road as thus extended to the center line of Stone Mountain Road; thence northwest along the center line of West Hospital Road, and an extension thereof in the same course to the center line of the right-of-way of the Southern Railway Company; thence running northeastwardly along the center line of the Southern Railway Company's said right-of-way to the eastern corporate limit line of the City of Chamblee; thence following the said corporate limit line of the City of Chamblee in all its courses, distances, curves, and meanderings so as to reach the southeastern right-of-way line of said Peachtree Industrial Boulevard in the northwestern part of land lot 309 of the 18th district of DeKalb County; thence southwest along the southeast right-of-way line of said Peachtree Industrial Boulevard to the West line of said land lot 309; thence north along said west line of land lot 309 to the north-western right-of-way line of said Peachtree Industrial Boulevard; thence turning southwestwardly on the northwestern right-of-way line of said Peachtree Industrial Boulevard, and running thence southwesterly parallel to the southeastern right-of-way line of Peachtree Industrial Boulevard back to the starting point on the northwestern right-of-way line of Peachtree Industrial Boulevard. Said Hospital Road and West Hospital Road are, for the purposes of description herein, treated as each being a continuation of the other. Said Hospital Road is sometimes known and referred to as West Hospital Road, and also as West Hospital Avenue. The portion of West Hospital

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Road lying north of Stone Mountain Road is also known as West Hospital Avenue. Election districts. (b) Election District 2 shall include the area lying within the following described lines and boundaries: Beginning at the point where the northern right-of-way line of Harts Mill Road (formerly known as Sexton Road) intersects the extended center line of Sexton Woods Drive, and running thence in a southerly direction along the extended center line of said Sexton Woods Drive to the northwestern right-of-way line of Peachtree Industrial Boulevard; thence running northeastwardly parallel to the southeastern right-of-way line of Peachtree Industrial Boulevard to the point where the north-western right-of-way line of Peachtree Industrial Boulevard intersects the west line of land lot 309 of the 18th land district of DeKalb County, and at the eastern corporate limit line of the City of Chamblee; thence running northwardly, westerly, southwesterly, and at all times following the corporate limit line of said City of Chamblee as now existing, and back to the beginning point in this description of district 2. Said beginning point is in the northeastern part of land lot 307 of the 18th district of DeKalb County. District 2 as herein established includes all the corporate area of said municipality which lies east of the center line of Sexton Woods Drive, and northwest of district 1 as above established. (c) Election District 3 shall include the area lying within the following described lines and boundaries: Beginning at a point in the center of Peachtree Road, at the southwest corner of district 1, as above described, and running thence westerly along the center of Peachtree Road to the point where the center line of Hardee Avenue, if extended in the same course and as a straight line would intersect the center line of Peachtree Road; thence running south along the center line of Hardee Avenue to the south corporate limit line of the City of Chamblee; thence running first in a general easterly direction along the southern corporate limit line of the City of Chamblee to the eastern boundary thereof which is along the east line of Shallowford public road; thence

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running in a general northerly direction, but at all times following the lines, curves, meanderings, angles, courses and distances of the corporate limit line of the City of Chamblee as now existing and to the center line of the right-of-way of the Southern Railway Company, thence southwesterly along the centerline of said railway right-of-way to a point where the center line of West Hospital Road extended in the same course intersects the center line of said railway right-of-way; thence in a southeast direction along the extended center line of West Hospital Road to the center of Stone Mountain Road; thence south along the east line of district 1, and the center of Hospital Road, to the center line of Carroll Avenue; thence westerly along the center line of Carroll Avenue to the point where said center line, if extended, intersects the center line of Peachtree Road; thence southwesterly along the center line of Peachtree Road to the point of beginning. (d) Election District 4 shall include the area lying within the following described lines and boundaries: Beginning on the northwestern right-of-way line of Peachtree Industrial Boulevard at the point where the center line of Deere Drive, extended northwesterly and in a straight line would intersect the said northwestern right-of-way line of Peachtree Industrial Boulevard; thence running southeasterly along said center line of Deere Drive, as extended, and also as extended in the same course and in a straight line to the center line of Peachtree Road southeast of the Southern Railway right-of-way and near the south line of land lot 299 of the 18th district of DeKalb County; thence running westwardly along the center line of Peachtree Road to the point where the center line of Peachtree Road would intersect the center line of Hardee Avenue, if the center line of Hardee Avenue were extended in the same course and in a straight line; thence running south along the center line of Hardee Avenue to the south boundary and corporate limit line of the City of Chamblee; thence turning in a westerly direction on said south boundary and corporate limit line of said municipality, and at all times continuing and following the lines, courses, distances,

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angles, meanderings and curvatures of the southern, southwestern, and western boundaries of, and along and around said boundaries back to the point where said boundary intersects the west line of said land lot 278 of the 18th district and at the northwestern right-of-way line of said Peachtree Industrial Boulevard; thence northeasterly along the northwestern right-of-way line of said Peachtree Industrial Boulevard, and following the curvatures therein, and to the point of beginning in the description herein contained of said election district 4. Said district 4 being bounded on the northeast by district 1, and bounded on the east by district 3. Said district 4 to contain all the corporate area of said municipality which is bounded on the northwest by N. W. Side of Peachtree Industrial Boulevard, and on the northeast and east by said districts 1 and 3. (e) Election District 5 shall include the area lying within the following described lines and boundaries: Beginning at the point where the extended center line of Sexton Woods Drive intersects the northern right-of-way line of Harts Mill Road (formerly Sexton Road), and running thence in a westerly, southwesterly, northwesterly direction along the northern, northeastern, and at times the northwestern side of said Harts Mill Road, and following the curvature thereof, to the point where the northern side of said Harts Mill Road intersects the western line of land lot 307 of the 18th district of DeKalb County; thence south along said west line of said land lot 307, and also along the west line of land lot 300 of said district, and also along the west line of land lot 278 of said district, to the northwestern right-of-way line of Peachtree Industrial Boulevard; thence northeasterly along the northwestern right-of-way line of Peachtree Industrial Boulevard, and following the curvature thereof, to the center line of said Sexton Woods Drive: thence running northwardly along the extended center line of said Sexton Woods Drive to the point of beginning in this description of election district 5. Section 11. In the event any section, paragraph, or provision of this Act, or any isolated portion thereof,

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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 12. Be it further enacted by the authority aforesaid, and it is so enacted by authority of the same, that there is attached hereto and made part of this Act the published notice of intention to apply for local legislation relating to the matters mentioned in this Act, and passed upon by the General Assembly, with proof of publication of said notice, which proof is also made a part of this Act, all as required by the Constitution and laws of this State, and in full compliance therewith. Section 13. Be it further enacted by the authority aforesaid, and it is so enacted by said authority, 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 Chamblee will apply to the General Assembly of Georgia, at the January, 1959, session to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. of 1935, pp. 976 to 994, inclusive) and all Acts amendatory thereof, so as to divide the corporate area into election districts; to provide for election of councilmen from such districts; to prescribe qualifications for councilmen; to ratify and confirm previous amendments; to authorize agreements and contracts for furnishing social security insurance and protection to eligible persons; to authorize levying and collection of taxes for furnishing social security protection and to authorize expenditure of funds for said purpose; to authorize the council to designate a newspaper from time to time in which official notices and advertisement shall be published; to amend present requirements relating to publication of zoning notices; and for other purposes.

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This the 22 day of December, 1958. W. B. Malone, Mayor Carl T. Hudgins, Attorney. 12-25-3t. 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 25, 1958; January 1, January 8, 1959. Said newspaper being the one in which sheriff's advertisements are published. The DeKalb New Era W. H. McWhorter, Managing-Editor Sworn to and subscribed before me this 12 day of January, 1959. Carl T. Hudgins Notary Public, DeKalb County, Georgia. (Seal). Approved March 10, 1959. CITY OF SWAINSBOROCORPORATE LIMITS. No. 230 (House Bill No. 191). An Act to amend an Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, particularly by an Act approved

Page 2655

March 25, 1958 (Ga. L. 1958, p. 3143), so as to change the corporate limits of the City of Swainsboro; 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, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 3143), is hereby amended by adding a new section, to be known as section 1-B, to read as follows: 1-B. In addition to the area prescribed in section 1 and such area as is included in the corporate limits found in section 1-A, the corporate limits of the City of Swainsboro shall also consist of the following described territory: Beginning at a point that is one mile due east of the center of the corporate limits of said city as such corporate limits existed on January 1, 1958; 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) southwesterly from the point where the center of U. S. Highway No. 1 intersects the corporate limits of said city as such corporate limits existed on January 1, 1958; 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 corporate limits of said city as such corporate limits existed on January 1, 1958, 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 corporate limits of said city as such corporate limits existed on January 1, 1958; thence along the corporate limits of said city as such corporate limits

Page 2656

existed on January 1, 1958 in a counter-clockwise direction to the point of beginning. Section 2. This Act shall become effective on January 1, 1960. 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, 1959 session of the General Assembly of Georgia a bill to change the corporate limits of the City of Swainsboro; and for other purposes. This 1st day of December, 1958. George L. Smith, II Representative, Emanuel County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Geo. L. Smith, II, who on oath, deposes and says that he is representative from Emanuel County, and that the attached copy of notice of intention to introduce local legislation was published in the Swainsboro Forest Blade, which is the official organ of said county, on the following dates: December 4, 1958, December 11, 1958, December 18, 1958 and December 25, 1958. George L. Smith, II Representative, Emanuel County. Sworn to and subscribed before me this 21st day of January, 1959. Frances Y. Read, Notary Public. My Commission expires January 6, 1962. (Seal). Approved March 10, 1959.

Page 2657

COMPENSATION OF CLERK AND PURCHASING AGENT IN COUNTIES OF NOT LESS THAN 108,000 AND NOT MORE THAN 113,000 PERSONS. No. 233 (House Bill No. 220). An Act to amend an Act, (Ga. L. 1957, pp. 2832 and 2833), providing for the appointment of a clerk and purchasing agent for the board of commissioners of roads and revenues of all counties in this State having a population of not less than 108,000 and not more than 113,000 according to the United States Census of 1950, or any future United States Census, to provide for such clerk's authority, duties and compensation and repeal of Acts in conflict therewith. By striking therefrom the words and figures $5,775.00 per annum and inserting in lieu thereof the words and figures six thousand dollars ($6,000.00) per annum, 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, to-wit: That Georgia Laws, 1957, pages 2832 and 2833, be amended by striking therefrom the words and figures, wherever they appear therein, the sum of $5,775.00 per annum and inserting in lieu thereof, the words and figures six thousand dollars ($6,000.00) per annum. Be it further enacted by the authority of the same that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 10, 1959.

Page 2658

DEKALB COUNTYREGULATION OF BUSINESSES. No. 236 (House Bill No. 232). An Act to amend An Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia, and creating a chairman and board of commissioners of roads and revenues for DeKalb County, Georgia, approved March 8, 1956 (Ga. L. 1956, Vol. II, p. 3237) so as to authorize and empower the chairman and board of commissioners of roads and revenues of DeKalb County to fix, levy and assess license fees, taxes or charges on all persons, firms and corporations engaging in or offering to engage in any trade, business, calling, avocation or profession in the area of said county outside the incorporated limits of municipalities situated therein and to prescribe rules and regulations governing the issuance, suspension and revocation of such licenses; to authorize and empower said board of commissioners to classify all such trades, businesses, callings, avocations or professions, and to assess different license fees, charges or taxes against different classes of businesses; to authorize and empower said board of commissioners to adopt rules and regulations governing the conduct of all such businesses; to authorize and empower said board of commissioners to prescribe penalties for the violation of any ordinances, rules or regulations adopted pursuant to this Act; to provide for the issuance of fi. fas. and the collection of such license fees, charges or taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: The Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia, and creating a chairman and board of commissioners of roads and revenues for DeKalb County, Georgia, approved March 8, 1956 (Ga. L. 1956, Vol. II, p. 3237) is hereby amended by adding

Page 2659

a new paragraph at the end of section 12 of said Act to be designated as paragraph (r) which shall read as follows: (r) To fix, levy and assess license fees, charges or taxes on all persons, firms and corporations engaging in or offering to engage in any trade, business, calling, avocation or profession in the area of DeKalb County, Georgia, outside the incorporated limits of municipalities situated therein, except businesses which are subject to regulation by the State Public Service Commission, and to classify all such persons, firms and corporations subject to this Act according to the nature, manner and size of business conducted by such persons, firms and corporations and to fix, levy and assess different license fees, charges or taxes against different classes of trades, businesses, callings, avocations or professions. Such licenses shall be issued, annually or otherwise, and may be revoked, cancelled or suspended after notice and a hearing, in accordance with rules prescribed by said board. Said board shall be further authorized and empowered to adopt ordinances and resolutions to govern and regulate all such trades, businesses, callings, avocations or professions, not contrary to regulations prescribed by general law, for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens of said county, and to prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses without the obtaining of a license or which such license is revoked or suspended. Payment of said license fees, charges or taxes may be enforced by fi. fas. issued by the governing authority of said county and levied by any officer in said County authorized by law to levy fi. fas. for taxes, assessments, fines, costs or forefitures due said county. Said board shall be authorized, in its discretion, to require any and all persons, firms or corporations licensed under this Act to give a bond payable to DeKalb County and conditioned to pay said county or anyone else, suing in the name of said county and for their use, for injuries or damages received on account of dishonest, fraudulent, immoral or improper conduct in the administration of

Page 2660

the business so licensed, such bond to be fixed and approved by said board of commissioners but not to exceed the sum of five thousand dollars. Such license fees, charges or taxes shall be in addition to all other taxes or assessments heretofore or hereafter levied by said county, and all funds received from same shall be paid into the county depository as general funds of said county. License fees. Bonds. Section 2. The board of commissioners of roads and revenues of DeKalb County shall have full power and authority to pass any and all ordinances, rules and regulations necessary and proper to carry out the provisions of this Act. Ordinances. Section 3. Should any sentence, clause, phrase or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part thereof other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Section 5. Notice of intention to apply for the passage of this local Bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly as required by law. Attached hereto and make a part of this Bill is a copy of said notice, accompanied by an affidavit of the authors to the effect that said notice has been published as provided by law. Affidavit. Georgia, DeKalb County. Personally appeared before me, the undersigned attesting officer authorized to administer oaths, James A.

Page 2661

Mackay, Guy W. Rutland, Jr., and W. Hugh McWhorter, who on oath depose and say that they are representatives from DeKalb County, Georgia and authors of the attached bill, and that the following copy of notice of intention to introduce local legislation was published in the DeKalb New Era, which is the official organ of DeKalb County, Georgia, on the following days: January 1, January 8, and January 15, 1959. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1959, session of the General Assembly of Georgia a Bill to amend an Act approved March 8, 1956, (Ga. L. 1956, p. 3237), creating a chairman and board of commissioners of roads and revenues for DeKalb County, Georgia, so as to redefine the commissioner districts therein created; to provide a new method of filling vacancies in said offices; to empower said board to adopt ordinances for the governing and policing of said county, to provide penalties for violation thereof, to authorize the licensing and regulation of businesses and the levying of license taxes, and to establish and create a county recorder's court, all in accordance with the amendment to Section I of Article VI of the Constitution ratified November 4, 1958, (Ga. L. 1958, p. 582); to repeal conflicting laws; and for other purposes. This 29th day of December, 1958. W. Hugh McWhorter Guy W. Rutland, Jr. James A. Mackay Representatives, DeKalb County. Sworn to and subscribed before me, this 28th day of January, 1959. George T. Bagby Notary Public Approved March 10, 1959.

Page 2662

ATKINSON COUNTYCOMPENSATION OF ORDINARY. No. 237 (House Bill No. 244). An Act to provide that the ordinary of Atkinson County, Georgia, shall have a supplemental salary in addition to the fees and other compensations to which he is now entitled; to set the amount of such supplemental salary; to provide for a retroactive salary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The ordinary of Atkinson County shall receive a supplemental salary of two hundred dollars ($200.00) per month in addition to the fees and other compensation to which he is now entitled. Said sum shall be paid out of the general county funds by the fiscal authorities of said county. The first payment shall be made from the first day of the first month following the final passage and aproval of this Act and thereafter on the first of each succeeding month. Salary. Section 2. Be it further enacted that in addition to the foregoing supplemental salary of said ordinary, the county commissioner of Atkinson County shall pay to said ordinary a sum equal to two hundred dollars ($200.00) per month beginning as of April 1, 1958, and continuing through the month next preceding the date on which the first payment provided for in section 1 is paid. Additional compensation. Section 3. 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 hereof. The General Assembly hereby declares that it would

Page 2663

have passed the remaining parts of this Act if it had known that such parts or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Georgia, Atkinson County. Notice is hereby given that pursuant to the recommendation of the past two successive grand juries of Atkinson County, that under and by the virtue State of Georgia as contained in Article XI, Section Two, Chapter 2-79, section of the Code of Georgia 2-7902, I will introduce at the next session of the General Assembly of Georgia a bill authorizing the supplementing of the compensation now paid the ordinary of Atkinson County, Georgia, by providing for a monthly salary of $200.00 to be paid by Atkinson County to said ordinary; to provide how and when the same shall be paid and for other purposes. This 22nd day of December, 1958. Joe Kirkland Representative-elect, Atkinson County, Georgia. Georgia, Atkinson County. I, Bird Yarbrough, being first duly sworn, on oath say: That I am editor and publisher of the Atkinson County Citizen, a weekly newspaper and the official organ of Atkinson County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and accurate copy of the notice to apply for legislation, which notice appeared in said newspaper in issues dated December 25, 1958, and January 1, and 8, 1959. Bird Yarbrough
Page 2664

Sworn to and subscribed before me this 17th day of January, 1959. *[See Enrolled Act]. Notary Public, Atkinson County, Georgia. (Seal). Approved March 10, 1959. ACT PROVIDING FOR FEES TO TAX RECEIVERS IN CERTAIN COUNTIES NOT APPLICABLE IN COUNTIES HAVING NOT LESS THAN 6,050 AND NOT MORE THAN 6,100 PERSONS. No. 238 (House Bill No. 245). An Act to amend an Act providing for the payment of certain fees to the tax receiver in counties of a certain population, approved February 8, 1951 (Ga. L. 1951, p. 69), so as to exempt certain counties from the operation of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the payment of certain fees to the tax receiver in counties of a certain population, approved February 8, 1951 (Ga. L. 1951, p. 69), is hereby amended by adding a new section, to be known as section 1A to read as follows Section 1A. The provisions of this Act shall not be applicable to any county in this State having a population of not less than 6,050 and not more than 6,100, according to the United States Census of 1950 or any future such census. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1959.

Page 2665

CITY OF DOUGLASCORPORATE LIMITS. No. 239 (House Bill No. 252). An Act to amend an Act creating a new charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 170), as amended, particularly by an Act approved August 15, 1923 (Ga. L. 1923, p. 609), so as to change the corporate limits of the City of Douglas, Georgia; 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 Douglas, approved December 20, 1899 (Ga. L. 1899, p. 170), as amended, particularly by an act approved August 15, 1923, (Ga. L. 1923, p. 609), is amended by adding section 3A in its entirety which shall read as follows: Section 3A. The corporate limits of the City of Douglas shall include in addition to section 3, the territory described in section 3A as follows: All that tract or parcel of land lying and being in original lot of land no. 223 in the 6th land district of Coffee County, Georgia, and more particularly described as follows: Beginning at a point where the eastern city limits line of the City of Douglas, Georgia, intersects the north boundary of Walker Street extension and thence proceeding south 78 degrees 30 minutes east along the north boundary line of Walker Street extension a distance of 629.6 feet, more or less, to a point 2132.3 feet west of the center line of State highway no. 135; thence north 11 degrees 30 minutes east a distance of 420 feet; thence north 78 degrees 30 minutes west along the north property line of lands of James H. Garrett, Jr., Raymond Davis, Mrs. Bessie Davis, Tom Fellows and across lands of H. P. Fitzgerald to the city limits line of the City of Douglas, Georgia; thence in a southeasterly direction along the city limits line of the City of Douglas,

Page 2666

Georgia, to the point where said city limits line intersects the north boundary line of Walker Street extension and the point of beginning. Also: All that tract or parcel of land lying and being in lot of land no. 193 in the sixth land district of Coffee County, Georgia, and described as beginning at the point of intersection of the east line of Coffee Avenue, of said city, with the south boundary line of the City of Douglas, Georgia, and from thence running in a southerly direction along the east line of Coffee Avenue and the line which marks its extension a distance of 312.5 feet, more or less, to the north line of land owned now or formerly by C. A. Johnson; thence in a westerly direction along the north line of land owned now or formerly by C. A. Johnson a distance of 387 feet, more or less, to the line which marks the extension of the west line of Pearl Avenue, of said city; thence in a northerly direction along the west line of Pearl Avenue extension to the south boundary line of said City of Douglas, Georgia; and thence in an easterly direction along the south boundary line of said City of Douglas a distance of 395 feet, more or less, to the east line of Coffee Avenue and the point of beginning. Also: All that tract or parcel of land lying and bing in lot of land no. 193 in the sixth (6th) land district of Coffee County, Georgia, being more particularly described as follows: Commencing at the southwest corner of the intersection of Pine Street and Pearl Avenue and thence proceeding south 1 degree 30 minutes west along the west boundary line of Pearl Avenue a distance of 210.5 feet to the point of beginning; thence north 89 degrees west a distance of 119.6 feet; thence south 1 degree 30 minutes west a distance of 420 feet; thence south 89 degrees east a distance of 506.6 feet; thence north 1 degree 30 minutes east a distance of 420 feet; thence north 89 degrees west a distance of 387 feet to the west boundary line of Pearl Avenue and the point of beginning. Also: All that tract or parcel of land lying and being

Page 2667

in original lot of land no. 193 in the sixth land district of Coffee County, Georgia, and more particularly described as follows: Beginning at a point where the south city limits line of the City of Douglas, Georgia, intersects the east boundary line of South Gaskin Avenue; thence proceeding in a southeasterly direction along the city limits line of the City of Douglas, Georgia, to the point where said city limits line intersects the south boundary line of Pine Street; thence east along the south boundary line of Pine Street to the southeast corner of the intersection of Pine Street and Leader Street; thence in a northwesterly direction along the east boundary line of Leader Street to the point where the city limits line of the City of Douglas intersects the east boundary line of Leader Street; thence in a southwesterly direction along the city limits line of the City of Douglas to a point where said city limits line intersects the east boundary line of South Gaskin Avenue and the point of beginning and bounded as follows: North by Leader Street and the present city limits line of the City of Douglas, Georgia, east by Leader Street; south by the south boundary line of Pine Street and west by the city limits line of the City of Douglas, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Coffee Personally appeared before me, the undersigned attesting Officer, George Williams and Henry Milhollin, 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 the above and foregoing notice of intention to introduce local legislation was published in The Douglas Enterprise which said newspaper is the official organ of Coffee County, Georgia, on December 11, 1958, December 18, 1958 and December 25, 1958. George J. Williams (L.S.) Henry R. Milhollin (L.S.)
Page 2668

Sworn to and subscribed before me, this the 29 day of January, 1959. Jeanne Moone Notary Public, Ga., State at Large (Seal). State of Georgia County of Coffee Personally appeared before the undersigned officer, duly authorized to administer oaths, Thomas Frier, who on oath deposes and says that he is publisher of the Douglas Enterprise, a newspaper of general circulation in Coffee County, Georgia, and official organ of the County of Coffee and that the following Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1959 session of the General Assembly of Georgia, a bill to include within the description of the Corporate limits of the City of Douglas, those parcels of land which have heretofore been designated as a part of the City of Douglas by petition of the property owners therein and action by the governing authority of the City of Douglas; and for other purposes. This 10th day of December, 1958. (s) E. R. Smith, Jr. City Attorney Douglas, Georgia has been published in said Douglas Enterprise once a week for three weeks, to-wit in the regular issues of December 11, 18, 25, 1958. Thomas Fier
Page 2669

Sworn to and subscribed before me this the 26th day of January, 1959. Robert J. O'Steen Notary Public, Ga., State at Large (Seal). Approved March 10, 1959. CEMETERY TRUST FUND OF THE CITY OF GRIFFIN. No. 240 (House Bill No. 268). An Act to amend the charter of the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, so as to provide for the establishment of a fund known as The Cemetery Trust Fund of the City of Griffin; to provide for the expenditure of said fund; to provide for a board of trustees to manage said fund; to provide for the investment of the monies of said fund; to repeal conflicting laws; and for other purposes. 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, be and the same is hereby amended to add thereto the following provisions so as to create a fund to be known as The Cemetery Trust Fund of the City of Griffin to-wit: Section 2. The board of commissioners of the City of Griffin shall raise and establish a fund for the care and maintenance of the cemeteries of said city and for the purchase of additional land to be used solely for cemetery purposes. Purpose. Section 3. The city manager of the City of Griffin shall pay to the trustees of said fund not less than fifty

Page 2670

per centum (50%) of the amount received by said city from the sale of any and all cemetery lots in the cemeteries owned by said city and the said city manager shall pay to the trustees of said fund the full amount received by said city for the Permanent Care of any and all lots in said cemeteries. Funds. Section 4. The fund so created shall be known as The Cemetery Trust Fund of the City of Griffin. Created. Section 5. The trustees of this fund shall not use or expend the corpus of the fund for any purpose. Intent. Section 6. The trustees of this fund are authorized to invest the funds in their hands only in bonds of the United States, county or municipal bonds, Federal Sevings and Loan certificates, and savings deposits in an insured bank. Investment of funds. Section 7. The trustees of this fund are authorized to pay to the city manager of the City of Griffin any part or all of the income from the invested funds of this fund; provided, however, that any amount or amounts so paid to said city manager shall be used by him only for the care and maintenance of the cemeteries of the City of Griffin, or for the purchase of land to be used solely for cemetery purposes. Use of income. Section 8. There is hereby established to serve without pay, a board of trustees of The Cemetery Trust Fund of the City of Griffin, whose duties it shall be to carry this Act into effect, to collect, disburse, manage and control said fund, and to adopt and enforce all necessary rules and regulations therefore. The said board of trustees shall consist of the chairman of the board of commissioners of the City of Griffin, the city manager of the City of Griffin, and the city attorney of the City of Griffin, and their respective successors in office. The board shall elect a chairman and a secretary. The city manager shall act as treasurer. He shall give security for faithful discharge of his duties. A majority vote of the board shall control all questions. Board of trustees.

Page 2671

Section 9. 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, Spalding County Personally appeared before the undersigned officer, duly authorized to administer oaths, Arthur K. Bolton and Quimby Melton, Jr., who on oath depose and say that they are representatives from Spalding County, and that the attached copy of notice of intention to introduce local legislation was published in the Griffin Daily News, which is the official organ of said County on the following dates: January 9, 1959, January 16, 1959, January 23, 1959 Arthur K. Bolton Quimby Melton, Jr. Representatives of Spalding County Notice of Local Legislation Notice is hereby given that application for the passage of local legislation at the January session of the General Assembly of Georgiia, will be made in order to amend the charter of the City of Griffin, as amended, by providing for the establishment of a fund to be known as The Cemetery Trust Fund of the City of Griffin; and for other purposes. This 8th day of January 1959. J. S. Langford, City Manager, City of Griffin Sworn and subscribed to before me this 28th day of January 1959 William R. Killian Notary Public, Glynn County, Ga. Approved March 10, 1959.

Page 2672

CITY OF AMERICUSCORPORATE LIMITS. No. 241 (House Bill No. 276). An Act to amend an Act entitled An Act to amend an Act establishing a new charter for the City of Americus, Georgia, approved November 11, 1889, and Acts amendatory thereof, to redefine and extend the corporate limits of Americus to be effective from and after the passage of this Act, by striking the section 1 of the said city charter as amended, and substituted therefore the following and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act corporate limits of the City of Americus shall include the present limits of said city, and in adition certain lands adjacent thereto, the limits of said city being as hereinafter described, to-wit: The corporate limits of the City of Americus, in the County of Sumter, shall extend and embrace a circle having a radius of one and one-quarter (1) miles, the radius point of which is the center of the water tower, now removed, now being occupied by the present city hall, together with additional territories abutting against said one and one-quarter (1) mile radius circle, all of which is more clearly defined as follows: Beginning at a point on the above described one and one-quarter (1) mile radius circle, said point being situated on the Southeasterly right-of-way line of the Central of Georgia Railway; thence N. 41 0[prime]E, along said right-of-way line a distance of 1,475 feet to a point; thence continuing along said railway right-of-way following a curve bearing Northeast a distance of 200 feet to a point; thence S 21 0[prime]E, a distance of 395 feet; thence S 10 0[prime]W, a distance of 1,265 feet, to a point on the aforesaid one and one-quarter (1) mile radius circle; thence in a southeasterly direction along said circle, a distance of 875 feet,

Page 2673

more or less to a point; thence due east 800 feet, more or less to the east line of land lot 144 in the 27th land district; thence due south along said land lot line, a distance of 431.6 feet to a point; thence N 89 07[prime]E, 471.5 to the Northwest corner of the Sunny Dale Heights subdivision; thence N 86 39[prime]E, 479.34 feet to the northeast corner of said Sunny Dale Heights subdivision; thence S 17 54[prime]E, 194.8 feet to a point; thence S 14 08[prime]E, a distance of 402.5 feet; thence S 12 48[prime]E, a distance of 874.41 feet to the southeasterly corner of said Sunny Dale Heights subdivision; thence S 71 04[prime]W a distance of 146 feet; thence S 12 0[prime]E, 212.84 feet to the northwesterly right-of-way line of Georgia State Highway no. 49; thence S 69 55[prime]W along the said highway right-of-way a distance of 60.6 feet; thence N 12 0[prime]W, a distance of 214.04 feet; thence S 71 04[prime]W, 191 feet to a point on the aforementioned one and one-quarter (1) mile radius circle; thence in a southeasterly direction along said one and one-quarter (1) mile radius circle across Oglethorpe Avenue and Crawford Street, a distance of 584 feet, more or less, to the northerly boundary of the tract known as Herman subdivision; thence N 73 15[prime]E a distance of 79 feet, more or less, to a point; thence N 74 04[prime]E, 94.5 feet to the westerly right-of-way line of Lorraine Avenue; thence N 19 30[prime]E, along said right-of-way line, a distance of 301.2 feet to the southerly right-of-way line of Georgia State highway no. 49; thence northeasterly along said highway right-of-way, a distance of 151.3 feet, more or less, to the northwesterly corner of E. C. Hinson property; thence in a southeasterly direction along the westerly line of said E. C. Hinson property, a distance of 356.7 feet to a point which is located N 75 45[prime]E, 98.5 feet from the easterly right-of-way of said Lorraine Avenue; thence N 75 45[prime]E, a distance of 109.5 feet to the northeasterly corner of said Herman subdivision, said point also marking the northwest corner of Beverly Hills subdivision; thence N 83 48[prime]E a distance of 853 feet; thence S 87 57[prime]E, a distance of 679.8 feet to the northeast corner of said Beverly Hills subdivision; thence S 0 15[prime]W a distance of 1,747.0 feet; thence N 89 46[prime]W, a distance of 615 feet; thence S 0

Page 2674

15[prime] W a distance of 1,060 feet to the southerly right-of-way line of Georgia State highway No. 27; thence N 89 46[prime] W, along said highway right-of-way and continuing in said direction along the south right-of-way of East Forsyth Street a distance of 950 feet, more or less, to a point on the one and one-quarter (1) mile radius circle; thence in a southerly and southwesterly direction along said one and one-quarter (1) mile radius circle, a distance of 2,950 feet, more or less to the north line of the property known as G. A. Tye and Sons subdivision; thence in an easterly direction a distance of 146 feet, more or less to the northeast corner of said G. A. Tye and Sons subdivision; thence in a southerly direction, a distance of 560 feet to the southeast corner of lot 23 of said G. A. Tye and Sons subdivision; thence turning a deflection angle of 103 53[prime] to the right and thence in a westerly direction 50 feet to a point; thence turning a deflection angle of 104 07[prime] to the left and thence in a southerly direction for a distance of 250 feet to the northerly right-of-way line of Felder Street, known also as Georgia State highway no. 30; thence in an easterly direction along said northerly highway right-of-way line a distance of 50 feet, more or less to a concrete marker; thence in a northerly direction at a right angle to said highway a distance of 15.0 feet to a concrete marker; thence in a general easterly direction along the northerly right-of-way of said Felder Street a distance of 1,650 feet, more or less to the center of Willett's Branch; thence in a general southerly and southwesterly direction across said Felder Street, following the center of Willett's Branch to the northwesterly corner of the property of Americus and Sumter County Development Corp.; thence N 88 0[prime]E a distance of 351 feet; then N 63 30[prime]E, a distance of 872 feet, to the west line of land lot 189; thence N 35 30[prime]E, a distance of 194 feet; thence S 85 0[prime]E a distance of 342 feet to the westerly right-of-way of Swett Avenue; thence N 15 0[prime]E, a distance of 462 feet to the southerly right-of-way of Georgia State highway no. 30; thence S 87 45[prime]E, along said highway right-of-way a distance of 470 feet, more or less, to the easterly right-of-way of Brady Road; thence in a southwesterly

Page 2675

direction along said Brady Road right-of-way a distance of 1,568 feet, more or less, to the north line of land lot 202, in the 27th land district; thence due east along said land lot line, a distance of 1,160 feet; thence S 07 0[prime]E, a distance of 740 feet; thence S 67 0[prime]E, a distance of 100 feet; thence S 23 0[prime]E crossing into land lot 201, a distance of 800 feet; thence S 07 0[prime]E, across Brady Road, a distance of 1,550 feet to the south line of land lot 201 in the 27th. land district; thence S 88 15[prime]W a distance of 342 feet to the southeast corner of land lot 202; thence continuing S 88 15[prime]W along the south line of land lot 202 of the 27th. land district, crossing the Seaboard Airline Railway, a distance of 2,838 feet, more or less to the Southeast corner of land lot 203 of the 27th. land district; thence continuing S 88 15[prime]W along the south line of land lot 203 a distance of 2,319 feet, more or less to the center of Willett's Branch; thence in a northeasterly direction along the center of Willett's Branch crossing the Seaboard Airline Railway, a distance of 3,170 feet, more or less to the south boundary of Glendale Estates; thence due west 1,390 feet to the southwest corner of said Glendale Estates; thence due north a distance of 1,408 feet to the south right-of-way of Anthony Drive; thence in a westerly direction along the south right-of-way of said Anthony Drive a distance of 98.0 feet; thence in a northerly direction across Anthony Drive, along the westerly right-of-way of Edgewood Drive, a distance of 705 feet to the southerly right-of-way of Felder Street; thence in a Westerly direction along the southerly right-of-way of said street, a distance of 70 feet, more or less to a point in the aforesaid one and one-quarter (1) mile radius circle; thence in a southwesterly direction along said one and one-quarter (1) mile radius circle, a distance of 2,832 feet, more or less to a westerly right-of-way of the Seaboard Airline Railway, thence southeasterly along said railroad right-of-way a distance of 818 feet, more or less to the south right-of-way of Howard Street; thence due west along said Howard Street right-of-way, a distance of 640 feet, more or less to a point which is located 480 feet due east from the east right-of-way of Elm Avenue; thence

Page 2676

due south a distance of 400 feet; thence due west a distance of 480 feet to the east right-of-way of Elm Avenue; thence due south along said Elm Avenue right-of-way, a distance of 470 feet, more or less to the north right-of-way of Grand Avenue; thence in a westerly direction across the intersection of said Elm Avenue and South Lee Street, a distance of 96 feet, more or less to a point which is located on the northerly right-of-way on Columbia Avenue and the westerly right-of-way of South Lee Street; thence northwesterly along said South Lee Street right-of-way a distance of 256 feet; thence in a westerly direction along the south line of F. H. Turpin, Jr. property a distance of 300 feet; thence in a northwesterly direction parallel with South Lee Street a distance of 86 feet; thence in an easterly direction along the north line of said F. H. Turpin, Jr. property a distance of 300 feet to the westerly right-of-way of said South Lee Street; thence northwesterly along said South Lee Street right-of-way a distance of 672 feet, more or less to the south line of Mrs. J. L. Ellis property; thence due west along said property line a distance of 365 feet, more or less to intersection with the one and one-quarter (1) mile radius circle; thence in a general westerly direction along said one and onequarter (1) mile radius circle of distance of 146 feet, more or less to the east line of the property of A. J. Buchannan designated on City of Americus tax map 58 as lot 12-15; thence due south a distance of 314 feet, more or less to the north line of Daniel subdivision; thence N 88 19[prime]E, a distance of 475.9 feet; thence S 3 31[prime]W, 154.5 feet to the north right-of-way of Daniel Street; thence N 87 40[prime]E, along said Daniel Street right-of-way a distance of 70.10 feet; thence S 26 33[prime]E, crossing Daniel Street, along the westery line of G. A. Long property a distance of 242.96 feet to the north line of J. T. Warren property; thence S 88 59[prime]W, a distance of 165 feet to the northeast corner of Fred P. Bowen, property; thence S 02 03[prime]E, 452.84 feet to the southerly right-of-way of Columbia Avenue; thence S 13 13[prime]E a distance of 212.2 feet to the property of P. F. Bahnsen; thence due west along the north line of P. F. Bahnsen

Page 2677

property a distance of 2,647.3 feet to the southwest corner of lot 1 in block F of the Horne subdivision; thence N 06 0[prime]E a distance of 258.9 feet to the northerly right-of-way of Valley Drive; thence in an easterly direction a distance of 515 feet, more or less to the westerly right-of-way of Lakewood Street; thence N 06 0[prime]E a distance of 368 feet to the northwest corner of Lakewood Street and Columbia Avenue; thence due north a distance of 146.5 feet; thence due east a distance of 337.3 feet to the West right-of-way of Rose Avenue; thence N 01 02[prime]W along said Rose Avenue right-of-way a distance of 188 feet, more or less to a point located 410.95 feet from the southwest corner of Rose Avenue and Pecan Drive; thence S 87 15[prime]W along the projected north right-of-way of Daniel Street a distance of 200 feet; thence N 01 02[prime] W parallel with said Rose Avenue a distance of 135 feet; thence in a westerly direction a distance of 510 feet, more or less to a easterly right-of-way of Oak Avenue projected; thence in a northerly direction along the projected east right-of-way of said Oak Avenue a distance of 315 feet, more or less to intersection with the one and one-quarter (1) mile radius circle; thence following the aforesaid one and one-quarter (1) mile radius circle in a general northwesterly, northerly, and northeasterly direction for a distance of 15,695 feet to the southwesterly right-of-way intersection of a proposed street and Armory Drive; thence N 88 0[prime]W along the south right-of-way line of the aforesaid proposed street for a distance of 440 feet; thence N 02 0[prime]E parallel with said Armory Drive, a distance of 621.7 feet to the North right-of-way of Austin Drive; thence S 88 0[prime]E along said Austin Drive right-of-way, a distance of 240 feet; thence N 02 0[prime]E, a distance of 119 feet; thence S 88 0[prime]E, a distance of 260 feet to the east right-of-way of Armory Drive; thence S 02 0[prime]W along said East right-of-way line of Armory Drive for a distance of 529 feet, more or less to intersection with the one and one-quarter (1) mile radius circle; thence in a northeasterly direction along said one and one-quarter (1) mile radius circle, a distance of 292 feet, more or less to the south line of the King Development Co. property; thence S 88 15[prime]W, 96.0 feet to the southwest

Page 2678

west corner of said King Development Company property; thence N 01 45[prime]W, 770 feet along the west right-of-way of Fulton Street to the north right-of-way of Fulton Street to the north right-of-way of Georgia Avenue; thence S 88 45[prime]W, 273 feet to the east right-of-way of Armory Dirve; thence N 01 45[prime]W along said Armory Drive right-of-way a distance of 1,809 feet to the south line of land lot 116 in the 27th. land district; thence S 88 15[prime]W a distance of 30 feet to the southeast corner of land lot 117 in the center of Armory Drive; thence continuing S 88 15[prime]W along the south line of land lot 117, a distance of 840 feet to the southwest corner of the property of Robert Perry; thence N 01 45[prime]W, 358.6 feet to the south right-of-way line of Patton Drive; thence N 87 33[prime]E along said Patton Drive right-of-way, a distance of 630 feet to the northeast corner of Langdon Sheffield property; thence S 01 45[prime] E a distance of 205 feet; thence N. 88 33[prime] E paralled with Patton Drive, crossing aforesaid Armory Drive, for a distance of 687 feet thence N 16 56[prime]W, 213 feet to the south right-of-way line of said Patton Drive; thence N 87 33[prime]E, 210 feet to the westerly right-of-way of Georgia State highway no. 3 which is known locally as the Ellaville highway; thence S 17 15[prime]E along said highway right-of-way, for a distance of 1,881 feet to the northeast corner of J. W. Lott property; thence due west along the north line of said J. W. Lott property to the northwest corner thereof a distance of 214 feet; thence S 13 0[prime]E, 220 feet; thence S 08 0[prime]E, 213 feet to the southwest corner of said J. W. Lott property; thence N 88 45[prime]E along the south line of said J. W. Lott property 214 feet to the westerly right-of-way of said Ellaville highway; thence S 07 05[prime]E along said highway right-of-way, 284.7 feet to intersection with the one and one-quarter (1) mile radius circle; thence in a general easterly direction along said one and one-quarter (1) mile radius circle, a distance of 1,650 feet, more or less to the south right-of-way of Rucker Street; thence S 88 15[prime]W along said Rucker Street right-of-way, a distance of 620 feet, more or less, to the projected west right-of-way of Roney Street; thence N 01 45[prime]W, crossing Rucker Street, following

Page 2679

along the west right-of-way of said Roney Street, a distance of 526.0 feet; thence N 88 15[prime]E, across said Roney Street, along the north boundary of Vista Heights subdivision, a distance of 1058.0 feet to the east right-of-way of North Jackson Street; thence N 02 40[prime]W along said North Jackson Street right-of-way, a distance of 1,079 feet to the northwest corner of the public housing project; thence N 87 20[prime]E along the north line of said public housing project, 1,027 feet to the northeast corner thereof; thence S 05 10[prime]W along the easterly line of said public housing project, 963 feet to a point; thence S 05 20[prime]W, a distance of 100 feet to intersection with the one and one-quarter (1) mile radius circle; thence in a general easterly direction along said one and one-quarter (1) mile radius circle, a distance of 2,810 feet more or less to the point of beginning heretofore described as being situated on the southeasterly right-of-way line of the Central of Georgia Railway. The above description being as shown by plat of the City of Americus, Sumter County, Georgia, dated January 17, 1959, revised in part to delineate the extended and revised city limit as designated by C.L. thereon by the office of the city engineer, Americus, Georgia, and recorded in plat book 2, page 73, of the records of the clerk of superior court, Sumter County, Georgia, and said plat is made a part of this description by reference thereto. Said plat also being on file with the city clerk of the mayor and city council of Americus and on file with the office of the city engineer of the mayor and city council of Americus. Section 2. Be it enacted by the authority aforesaid that the amended corporate limits set forth herein shall also be known as section 1 of the charter of the City of Americus. Section 3. Be it enacted by the authority aforesaid all laws or parts of laws in conflict with the provisions with this Act are hereby repealed. Section 4. A copy of the notice of intention to apply

Page 2680

for this local legislation and the certificate of the publisher are attached hereto and made a part of this Bill and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution of the State of Georgia relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. Affidavit. Georgia, Sumter County. Before me the undersigned officer authorized to administer oaths personally appeared James R. Blair, who on oath says that he is editor and publisher of the Americus Times Recorder, being of general circulation and being the newspaper in which the sheriff's advertisements of Sumter 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 Americus Times Recorder once a week for thee weeks as required by law: Said dates of publication being: December 26, 1958. January 2, 1959. January 9, 1959. James R. Blair Editor and Publisher Americus Times Recorder Sworn to and subscribed before me this 26th day of January, 1959. Ann W. Sheffield Notary Public, Georgia, State at Large. My commission expires Nov. 8, 1962. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given by the undersigned that an Amendment to the charter of the mayor and city council of Americus will be offered at the January session, 1959,

Page 2681

of the Georgia General Assembly. This local Bill shall amend the charter for the City of Americus, Georgia, by redefining the City limits of the City of Americus. The Bill shall provide that all areas which have been annexed within the city limits of the City of Americus by ordinance since 1946 shall be defined and annexed to the present city limits by an Act of the Georgia General assembly. J. FranK Myers, City Attorney For The Mayor and City Council of Americus. Approved March 10, 1959. CITY OF AMERICUSRETIREMENT FUND TAX. No. 242 (House Bill No. 277). An Act to amend an Act establishing a new charter for the City of Americus, Georgia, approved November 11, 1889, and Acts amendatory thereof, by amending the Americus Retirement System (Ga. L. 1950, pp. 2230-2239) as amended, to provide that the mayor and city council of Americus may levy a tax of not more than 5% of the salary or per diem for city employees for the City of Americus Retirement Fund, 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 amend an Act establishing a new charter for the City of Americus, Georgia, approved November 11, 1889, and Acts amendatory thereof, by amending the Americus Retirement System, (Ga. L. 1950, pp. 2230-2239), as amended, to provide that the mayor and city council of Americus may levy a tax of not more than five (5%) of the salary or per diem for city employees for the City of

Page 2682

Americus Retirement Fund, so as to strike from section 2 of said Act the figures three (3%) and inserting in lieu thereof the following: five (5%). Section 2. It being the intention of this Act to enable the mayor and city council of Americus to levy a tax of not more than five (5%) per cent upon the salaries or per diem of each and every employee of said city who benefits from the Americus Retirement System. Section 3. 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. Affidavit. Georgia, Sumter County. Before me the undersigned officer authorized to administer oaths personally appeared James R. Blair, who on oath says that he is editor and publisher of the American Times Recorder, being of general circulation and being the newspaper in which the sheriff's advertisements of Sumter 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 Americus Times Recorder once a week for three weeks as required by law: Said dates of publication being: January 2, 1959 January 9, 1959 January 16, 1959 James R. Blair Editor and Publisher Americus Times Recorder Notice of Intention to Introduce Local Legislation. Notice is hereby given by the undersigned at the request and instructions of the Mayor and City Council of Americus, that a local bill will be introduced at the January, 1959, session of the Georgia General Assembly, and the subject matter of which is as follows:

Page 2683

An Act to amend an Act establishing a new charter for the City of Americus, Georgia, approved November 11, 1889, and Acts amendatory thereof, by amending the Americus Retirement System (Ga. L. 1950, pp. 2230-2239), as amended, to provide that the mayor and city council may levy a tax of not more than 5% of the salary or per diem for City employees for the City of Americus Retirement Fund. Mayor and City Council of Americus By: J. Frank Myers, City Attorney. Sworn to and subscribed before me this 27th day of January, 1959. Ann W. Sheffield Notary Public, Georgia, State at Large. My commission expires Nov. 8, 1962. (Seal). Approved March 10, 1959. CITY OF MONTICELLONEW CHARTER. No 243 (House Bill No. 280). An Act to repeal an Act incorporating the City of Monticello, approved December 18, 1901, (Ga. L. 1901, p. 565), as amended; to incorporate and to grant a new charter to the City of Monticello; to prescribe the corporate limits; to provide for the corporate powers; to provide the form of government; to provide for time and place of elections; to provide qualifications, term of office, and oath for the mayor and councilmen; to provide for election managers; to provide for the qualifications and registering of voters; to provide for illegal voting; to provide for contested elections; to provide for vacancy in office; to provide for removal from office; to provide for salaries of the

Page 2684

mayor and council; to provide rules, time and procedure for city council meetings; to provide for the establishment and qualification of mayor pro tem; to provide for establishment of city officers; to provide methods for tax assessments; to establish a police court; to provide for police powers; to provide for certain specific powers of city council; to provide for succession of government; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Monticello approved December 18, 1901, (Ga. L. 1901, p. 565), as amended, is hereby repealed. The inhabitants of the territory embraced within the corporate limits described hereinafter shall 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. New charter. Section 2. The corporate limits of the city shall extend and form a perfect circle with a radius three-fourths of one ([frac34]) mile or 3,960 feet measured in a straight line without elevations or depressions, in all directions, from the center of the city square on which the Confederate Monument is located, as such square and monument presently exist in the City of Monticello. Corporate limits. Section 3. The city shall have, under this charter, the following powers: 1. The right to govern itself by such ordinances, resolutions and by-laws for municipal purposes as it deems proper, not in conflict with this charter, nor the Constitution and Laws of the State of Georgia, nor the Constitution and the Laws of the United States. Powers. 2. The city shall have the power to contract and be contracted with, sue and be sued. 3. The city shall be capable in law or equity to purchase,

Page 2685

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 same for the use and benefit of said city, as to the city council may deem fit and proper; the mayor of said city, by direction of the city council, making deed to any property sold or disposed of by said city. 4. The city shall have the power and right, under this charter, to hold all property and effects now belonging to the city; to be used by said city for public purposes. 5. The city shall have and use a common seal. 6. The city shall have all the powers granted to municipal corporations and cities by the Constitution of Georgia and the general laws of this State; together with all implied powers necessary to carry into execution the powers heretofore granted in this charter. The city shall have all powers originally granted to it by an Act, approved December 18, 1901, as amended. Those powers shall be a part of this charter, and as is herein expressly provided. 7. The enumeration of particular powers in this charter shall not be deemed to be exclusive. In addition to the powers enumerated herein or implied in this charter, the city shall exercise all functions appropriate to said powers. It is intended that the city shall have and may exercise all powers which under the laws of this state it would be competent for this charter to enumerate. Section 4. The municipal government of the City of Monticello shall be vested in a mayor and five councilmen, who shall be elected in the manner hereinafter set out, and who shall compose the city council of Monticello. Council. Section 5. An election shall be held at the courthouse in the City of Monticello, on the first Tuesday in December 1959, and biennially thereafter on the same day

Page 2686

and in the same month, for mayor and councilmen, who shall serve for two years from the time of their installation, and until their successors are elected and qualified. The city council may, by resolution, order a special election at any time for the election of a councilman or mayor when a vacancy has occurred for any reason. Said special election to be for the purpose of filling the unexpired term of councilmen or mayor, as the case may be. Same, elections, terms, etc. Section 6. Any person who is a resident of the territory described as the corporate limits of the city and who has been a resident thereof for one continuous year immediately preceding the date of the election, and who is twenty-one years of age and a qualified voter of said city, shall be eligible to be elected as mayor or councilman. Should the mayor or any councilman remove his residence from within the corporate limits of said city during his term of office, his office shall immediately become vacant. Elections. Section 7. The term of office of mayor and councilmen shall be two (2) years from the first Tuesday in January after their election, and until their successors are elected and qualified. On the first Tuesday in January, immediately following their election, the mayor and councilmen-elect shall meet in the city hall or council chamber and there severally take, before some officer authorized to administer oaths under the laws of this State, the following oath of office, to-wit: Terms of mayor, etc. I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Monticello for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and knowledge without fear or favor, so help me God. Oath. Should the mayor or any councilman be absent from said meeting, they shall take the oath of office as soon as possible thereafter. Section 8. Be it further enacted by the authority aforesaid, That all elections shall be superintended and managed by a justice of the peace, or some other judicial

Page 2687

officer, and two freeholders, residents of said city, and before entering on their duties as managers of said elections, they shall subscribe the following oath: Elections. All and each of us do swear that we will faithfully superintend this day's election; that we are justices of the peace, or other judicial officers or freeholders (as the case may be), residing in the City of Monticello; that we will make a just and true return thereof, and will not knowingly permit any one to vote in this election unless we believe that he is entitled to vote according to the law of said City of Monticello; nor will we knowingly prohibit any one from voting who is by law entitled to vote, so help us God. Said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in the County of Jasper authorized by law to administer oaths, or if no such officer can be conveniently had, said managers may swear each other. Said managers shall keep two lists of voters and two tally sheets of said election. Said managers shall be appointed by the mayor then in office, or in his absence, by the mayor pro tem., then in office, at least five days before the election, and notice thereof given to the persons appointed, and if any one or more of said managers fail to appear and serve at the time for opening the polls on the day of election, the vacancy or vacancies may be filled instanter, and the necessary number of managers appointed by the mayor then in office, or in his absence, by the mayor pro tem., or in the absence of both by any councilmen then in office. The said managers of said election shall receive such compensation as may be fixed by the city council of said city, not exceeding eight dollars per day each. Section 9. Be it further enacted by the authority aforesaid, That the polls at the elections held in and for said city shall be open from 8 o'clock a.m. to 6 o'clock p.m., when they shall be closed and the managers of said elections shall proceed to count the ballots and consolidate the returns of said election and certify the same.

Page 2688

They shall keep two lists of voters and two tally sheets, and shall make certificate of the result on each tally sheet, and shall place one of said lists of voters and one of said tally sheets, together with the ballots, in an envelope or box, and seal the same, and deposit the same with the clerk of the superior court of Jasper County. The other list of voters and tally sheet shall be filed with the clerk of the city council by said managers for delivery to and inspection by said city council who shall meet within five days after said election is held and declare the result of same, which said declaration of the result of the election they shall cause to be entered of record on their book of minutes. The clerk of the superior court and clerk of said city council, after the expiration of thirty days from the time of said election, shall destroy said ballots and list of voters, without inspection, provided no notice of contest be filed or pending, in which case they shall preserve same until said contest be finally determined. Election hours, etc. Section 10. Be it enacted by the authority aforesaid, That all persons who are eighteen (18) years and who shall have paid all taxes legally imposed and demanded by the city authorities, except taxes for the year in which the election is held, and who have been bona fide residents of said city for six (6) months previous to the time when the election is held, and who are qualified to vote in the County of Jasper for members of the General Assembly of Georgia and who have registered as hereinafter provided, shall be considered electors and be entitled to vote in said city elections, and no others shall be qualified to vote. The mayor and council shall provide suitable books or cards, or both, for the permanent registering of voters of said city. Every person registered shall take the following oath: Voters. I do hereby solemnly swear that I am eighteen years of age, that I have paid all taxes legally imposed and demanded by the city authorities except taxes for the year in which the election is held, that I will have been a resident of the City of Monticello for six months on or before the date of the next city election and that I have

Page 2689

registered to vote in the City of Monticello and am qualified to vote for members of the General Assembly. Oath. The clerk or other person designated by the mayor and council shall be the registrar of the city. He is given the authority to administer the above oath. No person registering shall be required to again register as a qualified voter of said city as long as he remains a resident thereof and does not become otherwise disqualified. Whenever an election is to be held for said city, the registrar shall close the registration records fifteen days before such election. It shall be the duty of the registrar to make a list of qualified voters for each election. The mayor and council are hereby authorized to provide by ordinance for additional rules and regulations regarding the registration of voters for said city. Section 11. Be it enacted by the authority aforesaid, That if any person shall vote in any city election in said city who is not legally entitled to vote under the laws of said city, upon conviction, he shall be guilty of and punished for a misdemeanor, as provided by law. Crimes. Section 12. Be it enacted by the authority aforesaid, That should any contest arise over the result of any election for mayor and councilmen of said city, it shall be determined as follows: The contestant or contestants shall, within ten days from the date of said election, by petition to the superior court of Jasper County, plainly, fully and distinctly set out his or their grounds of contest, and the names of the persons whose election is contested, and file said petition in the office of the clerk of the superior court of Jasper County. Immediately upon the filing of said petition with said clerk, he shall transmit a copy thereof to the judge of the superior court of Jasper County, and shall furnish the contestees, as set out therein, each with a copy of said petition. Upon receipt of a copy of said petition the said judge shall fix a time and place of hearing, and endorse same on the said copy; provided, that the time of hearing shall not be more than 60 nor less than thirty days, from the date of his order, and may be at the session of the

Page 2690

superior court for said county, or in vacation. All parties shall receive from said clerk 10 days' notice of the time and place of hearing, and at the time and place, said judge shall proceed to hear and determine said contest, and all the issues of law or fact submitted therein, and render final judgment in the premises. Election contests. Section 13. Be it further enacted by the authority aforesaid, That during the pendency of said contest the persons who have been declared elected as hereinbefore provided by the city council shall exercise the duties of their respective offices. Same. Section 14. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of mayor caused by death, resignation, failure to elect, removal from the city, or otherwise, said vacancy shall be filled by the city council of said city, who shall proceed at once to elect a mayor for the unexpired term, it being declared lawful and competent for said city council to elect one of its own members, should they see fit. And in the case of a vacancy in the office of councilman, caused by death, failure to elect, resignation, removal from the city, elevation to the mayoralty, or otherwise, the vacancy shall be filled by the remaining members of the city council, who shall proceed at once to elect a councilman for the unexpired term. Said mayor or councilman thus elected shall, before entering upon the duties of their respective offices, take the oath of office heretofore prescribed. Vacancies. Section 15. Be it further enacted by the authority aforesaid, That should the mayor or any councilman fail or refuse to perform the duties of his office for two consecutive months, or be guilty of any misconduct in the performance or non-performance of his official duties, the office or offices may, in the discretion of the remaining members of the city council, be declared vacant and the vacancies filled as provided for in section 5 or section 14 of this Act; provided, however, that this power to declare said offices vacant shall not be exercised until the party whose office is affected shall have reasonable

Page 2691

notice, not less than ten days, of the intention of the city council to investigate his conduct with a view of declaring his office vacant, which notice shall be written and specify the time and place of hearing, and said party affected shall have the right to be present at said hearing, to have compulsory process to compel the attendance of such witnesses as he may wish subpoenaed in his behalf, and to be represented by counsel. Same. Section 16. The salary of the mayor shall not exceed one hundred and no/100 dollars ($100.00) per month. The compensation of each member of the council shall not exceed fifty and no/100 dollars ($50.00) per month. Salaries. Section 17. The mayor shall be the chief executive officer of said city and shall be charged with the duty of seeing that all laws, ordinances, rules and regulations of said city are enforced. He shall preside at all meetings of the city council. Mayor. Section 18. The mayor and councilmen shall constitute the city council which shall be the legislative department of said city, and as such shall have full power and authority to establish such rules, laws, ordinances, regulations and orders as they deem proper, respecting any and all municipal affairs, and which they may consider necessary or proper, or incident to the good government of said town, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants thereof, and for the preservation, peace, good order, and dignity of said government. Mayor and council. Be it further enacted by the authority aforesaid, That the city council of said city shall have the power and authority to enact such ordinances, from time to time, as they may deem necessary to enforce the provisions of this charter; the city council shall not enact any ordinance or other measure unless it receives the vote of three councilmen, if there be a full board of five present. In the event a full board of five councilmen are not present, no ordinance or other measure shall be passed unless it receives the votes of three councilmen; provided;

Page 2692

that in case of tie the mayor shall have the right to vote, and any ordinance or other measure in such cases receiving the votes of two councilmen and the mayor shall be passed and held of full force and effect. In no case shall the mayor have the right to vote upon any ordinance or measure, except in case of a tie; but it shall be his duty to vote in all cases where a tie arises, whether with a full board of five present or not, and such vote, when cast, shall count as the vote of a councilman in determining whether any ordinance has received the three votes necessary to pass. In the event a councilman shall be disqualified from voting in accordance with the disqualification prescribed by law of this State, or shall refuse to vote, a note of said refusal or disqualification shall be made upon the book of minutes, and the remaining members of the council shall proceed to vote and act as if said councilman was absent. It shall be optional, but not compulsory, for said city council to have posted any measure, ordinance or resolution, at such places in the city as they may direct for the information of the public, or they may have same published in any newspaper of said city; but the failure to so post or publish any ordinance, measure or resolution shall in no wise operate to render same void. Section 19. The city council shall be presided over at its meetings by the mayor, or in his absence, by the mayor pro tem., and a majority of the council shall be necessary to form a quorum for the transaction of business. The said council shall cause to be kept in a well-bound book an accurate record of all its proceedings, by-laws, acts, orders, ordinances and resolutions, which shall be fully indexed and open to the inspection of any one in said city. Said council shall hold monthly, semi-monthly, or weekly meetings, as they may determine, and the mayor, or mayor pro tem., may call such other and additional meetings as emergencies may in his judgment require. At each meeting of said council the proceedings of the last meeting shall be read and corrected, if erroneous, and signed and approved as correct by the presiding officer for the time being. Upon the call of any member the yeas and nays on any

Page 2693

question shall be taken and recorded on the book of minutes. Section 20. The city council shall, at their meeting after election and qualification, elect one of their members as mayor pro tem., who shall, in the absence or disqualification of the mayor, be the presiding officer of the city council, and shall be allowed to vote on all questions, and who shall, in the absence or disqualification of the mayor, exercise all the functions of the office of mayor, and all the duties, powers, rights, and privileges conferred by this charter upon the mayor, may and shall be exercised by the mayor pro tem. in the absence or disqualification of the mayor, or when the mayor, from sickness or from other reasons, is unable to act. Mayor pro tem. Section 21. The city council shall, at their first meeting after election and qualification elect a city clerk, police chief, fire chief, attorney and treasurer, who shall hold office for such period of time and receive such compensation as may be provided by the city council. Said city council likewise may elect such other city employees as in their opinion should be employed. All such employees shall be elected for such term and upon such conditions as may be prescribed by the city council, and shall receive such compensation as may be provided at the time of election. Officers. Section 22. No person shall be eligible to the office of clerk, attorney, tax assessor or treasurer who has not been a bona fide resident of said city for one year or more preceding his election, and who is not a qualified elector to vote in the city elections of said city. Should any officer listed above in this section, during his term of office, remove from the limits of the said city, his office shall thereby become vacant. All employees other than those named above in this section must become a resident in the city the day he or she begins work for the said city. Same. Section 23. The city council shall have authority to

Page 2694

establish a police department with such other officers and employees as they deem desirable and necessary, and to fix the compensation therefor. Police department. Section 24. The city council shall likewise have the right to establish a fire department, with such officers and employees as they deem desirable and necessary, and to fix the compensation therefor. Fire department. Section 25. The city council shall, at their first meeting after election and qualification, elect three (3) upright, intelligent and discreet persons, who shall be freeholders and residents of said city, as city tax assessors, who shall hold office for two years, and until their successors are elected and qualified. It shall be the duty of said tax assessors to assess the taxable real estate of said city, and receive the returns of personal property, under oath of the taxpayer, and perform such other service as the said city council may, by ordinance, require to be performed in connection with said offices. It shall be the duty of said tax assessors to place a just, fair, and equitable valuation on all real estate within the incorporate limits of said city, and when the owner of personal property fails to return same for taxation, it shall be their duty to place a just, fair, and equitable valuation on same, and double said valuation and enter a note of said double valuation for the information of the city clerk. The tax assessors shall give notice by publication in the newspaper in which the legal advertisements of the sheriff of said county are published, once a week for two weeks, of the time when they will begin receiving tax returns, and the time when the books for receiving same shall be closed, which said times shall be fixed by the city council. In no event shall the books for receiving same be kept open for less than thirty (30) days. Should any vacancy happen in said board of assessors by death, resignation, refusal to perform the duties of the office, removal therefrom, or otherwise, such vacancy shall be immediately filled by the city council. Before entering upon the duties of the office, each of said assessors shall take and subscribe before

Page 2695

some officer authorized to administer oaths by the laws of this State, the following oath of office: Tax assessors. I do solemnly swear that I will faithfuly perform the duties of tax assessors of the City of Monticello, and will make a just and true valuation of all property subject to taxation in said city, according to its actual market value, so help me God. Oath. Two of said assessors shall constitute a quorum for the transaction of business, and any one of said assessors may administer the oath to be made by the taxpayer in his return of personal property for taxation. Section 26. Said tax assessors may hear, during the progress of their investigation, such evidence as the value of any property in said city as they may deem advisable; and if, after the publication of the notice of their intention to receive returns and assess property, as provided for in section 25 of this Act, any taxpayer gives notice to said assessors in writing that he or she desires to submit evidence relative to the value of his or her property liable to assessment, it shall be the duty of said assessors to appoint a time and place to hear such evidence, and hear same before assessing said property; provided, that the taxpayer is present and submits his evidence at the time and place appointed; but if he be not present, either personally or by agent, or attorney, said assessors shall proceed to assess the value of said property with or without hearing evidence, as they determine. If any person be dissatisfied with the valuation of his property as fixed by the assessors, he shall have the right to appeal to the city council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereinafter provided for has been mailed by the clerk. Upon filing said appeal with the clerk of said city, it shall be the duty of the mayor to fix a day upon which a hearing shall be had to give the appellant three (3) days' notice in writing of said hearing. Notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing said city council shall hear all legal and competent evidence, pass

Page 2696

upon same and render their decisions accordingly, and from this decision there shall be no appeal. Hearings. Section 27. In the event the said tax assessors are not satisfied with the return of personal property for taxation, made by any taxpayer, they shall transmit said return to the city council, noting thereon, or annexed thereto, the grounds of their dissatisfaction, and upon the filing of this return with the clerk, it shall be the duty of the mayor to notify the taxpayer that his return of personal property for taxation has been excepted to by the city assessors, and fix a day upon which a hearing will be had; said notice shall be in writing, and shall be given at least three days before the time of said hearing. Notice to the agent or attorney at law of said taxpayer shall be sufficient. At said hearing said city council shall hear all legal and competent evidence, and render their decision assessing and fixing the valuation of said personal property, and from that decision there shall be no appeal. Appeals. Section 28. Immediately after the city assessors have finished assessing the value of the taxable real estate of said city, and receiving the returns of personal property, they shall file a report of their actions with the clerk of the city, and immediately after such report is filed it shall be the duty of said clerk to mail a written or printed notice to every person, setting out the valuation of his taxable real estate in said city, as assessed by the city assessors, specifying, as near as practicable, the valuation assessed for each tract or parcel of land. All the returns of personal property under oath shall, as fast as made, be transmitted by said city assessors to the city clerk, and it shall be the duty of said clerk to prepare a tax digest, which shall contain the valuation of the taxable property, both real and personal, as the same has been determined under the provisions of this charter; noting upon said digest the property double taxed. The city council may, by ordinance, fix the time when said digest is to be completed by the city clerk, and said city council may, upon proper cause shown,

Page 2697

relieve any taxpayer of the double taxation entered against him. Report of tax assessors. Section 29. There shall be a police court established by said city, which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government, and shall be presided over by the mayor of said city, or by the mayor pro tem. in the absence or disqualification of the mayor, or a member of city council of said town, in the absence or disqualification of the mayor and mayor pro tem. Police court. Section 30. The presiding officer of said police court, shall have the power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed two hundred dollars ($200.00), or to imprison offenders for a period of not more than thirty (30) days, or to labor on the public works of the streets of said city for a period of not more than ninety (90) days. He shall have the power to punish for contempt by a fine not to exceed fifty dollars ($50.00), or imprisonment not to exceed thirty (30) days. He shall have the power of a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force, and to try and to commit the offender to jail in Jasper County, or admit them to bail, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Same. Section 31. The city clerk or the chief of police or some other member of the police force, shall attend the session of said court, and act as clerk thereof. He shall sign and execute all processes, summons, subpoenas, and other processes from said court. Same. Section 32. There shall be an appeal from the judgments or decisions of the police court of said city by writ of certiorari to the Superior Court of Jasper County, Georgia, and such writ of certiorari shall be obtained in

Page 2698

the manner now provided by the general laws of the State of Georgia. Same, certiorari. Section 33. The mayor shall have full authority and power to pardon or suspend or commute the sentence of any person convicted of a violation of any ordinances of said city. Same, pardon. Section 34. If on the trial of any person for a violation of any ordinance or law of the city, it shall appear that such person probably is guilty of an offense against the penal laws of the State, it shall be the duty of the court trying such person to commit such person to prison, or let to bail to answer before the court having jurisdiction of same for the offense committed. Same. Section 35. It shall be lawful for the chief of police of said city, any regular or special policeman thereof, to arrest without warrant any and all persons within the corporate limits of said city who are at the time of said arrest, or who before that time have been, guilty within said limits of disorderly conduct, public indecency, quarreling, fighting, or a violation of any laws or ordinances of said city, and to hold said 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 guardhouse, or in the common jail of Jasper County, for a reasonable length of time. Said chief of police, regular or special policeman, shall have the power and authority to call to his assistance, to arrest and detain such offenders, the sheriff of said county, or his deputies, or any constable of said county, or any bystanders, and such persons, when so summoned, shall be bound to assist and aid such officers, and should they fail to do so, they, or either of them, shall be liable to be prosecuted in the police court, and upon conviction punished as prescribed in section 30 of this Act. Police. Section 36. The chief of police, regular or special policeman shall have the right, power and privilege (though they shall not be compelled, if it would be dangerous,

Page 2699

to allow the prisoner to run at large) to release any person arrested within the corporate limits of said city upon said person giving a bond, to be approved by the mayor or chief of police of said city, payable to the City of Monticello, conditioned to pay the said City of Monticello an amount fixed by said mayor or chief of police, and named in said bond, in the event said person arrested does not appear before the corporate authorities of the city at the time and place specified in the bond, and from time to time, till said person arrested is tried for the offense for which he or she was arrested. Bonds. Section 37. If any person who has been arrested charged with a violation of any law or ordinance of said City of Monticello, and has given a cash, surety or personal bond for his or her appearance before the proper corporate authorities to answer such charge, fails to appear at the time and place fixed and recited in the bond, said bond shall be declared forfeited, and a rule nisi directed to the principal and securities, shall issue, directing and requiring them to show cause before the police court at a sitting of said court to be held not less than sixty days from the time of the forfeiture nisi, why the bond should not be absolutely forfeited, copies of which rule nisi shall be served upon the principal and sureties on the bond at least 20 days before the sitting of the court to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing the same once a week for four weeks prior to the sitting of the court to which the same is made returnable, in the newspaper published in said county in which the sheriff's advertisements are published. If, at such return term, no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and securities on said bond, or such of them as have been served, for the full amount thereof, and all cost, which shall include the cost of publication, if service by that method is used, which execution shall be signed by the clerk of the council and mayor of said city, and shall have the same lien and binding effect upon the

Page 2700

property of the defendants therein as execution issued upon judgments in justice or superior courts of this state. Said executions shall be directed to the chief of police of the City of Monticello, and to all and singular the sheriffs, the deputy sheriffs, or constables of said State, by any one of whom the same may be executed. Bond forfeiture. Section 38. The city council shall have the power to control the finances and property of the city; to appropriate money, and provide for the payment of the debts and expenses of the corporation. City council. Section 39. For the purpose of raising revenues to defray the ordinary current expenses incident to the support and maintenance of the city government, the said city council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of the said city, not to exceed one (1) per centum, but when that amount is deemed insufficient, said city council shall have the authority to levy an additional tax in the mode and manner provided by the Constitution and the laws of the State of Georgia. Ad valorem tax. Section 40. The city council shall have the power to provide for the levying and collection of a business or occupation tax upon any trade, business, profession or occupation, except such as are exempt by law, carried on within the city limits, and upon the inhabitants of said city who engage in, or offer, or attempt to engage in, any profession, trade, business or occupation in said city, and on such persons as live without the limits of said city, but who engage in, or attempt, or offer to engage in, any profession, business, trade or occupation, not exempt by law, within the limits of said city, as said city council may deem expedient for the safety, benefit, convenience, and advantage of said city. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession, trade, business or occupation, and said city council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation tax, or take out license

Page 2701

for same, who engage in, or offer, or attempt to engage in, such business, trade, profession, or occupation before paying such tax or taking out such license and complying fully with all the requirements of said city council made in reference thereto. Business taxes. Section 41. Be it further enacted by the authority aforesaid, That said City Council shall have power and authority to levy and collect tax upon the gross sales of every merchant or other vender of goods, wares and merchandise in said city. Said tax not to exceed one-half () of one per cent, and to be in lieu of a business license. Gross sales tax. Section 42. Be it further enacted by the authority aforesaid, That the said city council shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices, etc., stables, feed stables, sale stables, and lots, drays and other vehicles auctioneers, vendue masters, itinerant traders, theaters and theatrical performances, shows, circuses and exhibitions of all kinds, oil-mills, ice works, laundry and water-works, electric light works, itinerant lightingrod dealers, emigrant agents, book agents, peddlers of stoves, clocks, machines, or any kind of articles of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise, or other things, billiard, pool and bagatelle tables kept for public play, every keeper of a shooting gallery, or ten-pin alley, upon the keeper of any table, device, stand, or play for the performance of any game or play, whether played with sticks, balls, rings, or other contrivances, upon balloons, flying-horses, or other like contrivances, bicycles, velocipedes or skating rinks, insurance agents, life, fire, accident, or other insurance companies, loan agents, and agents for any and all kinds of business, banks and bankers, brokers and commission merchants of all kinds, and dealers in futures, keepers of slaughterhouses, beef markets, green grocers, dealers in fresh oysters, vegetables, fruits, breads, and other articles of food, contractors and builders, and all mechanics or artisans,

Page 2702

barber shops, junk shops, pawn brokers, and upon all and every other establishment, business, trade, calling or occupation not heretofore mentioned, and which, under the laws of the State of Georgia, are subject to license. Businesses. Business. Section 43. Be it further enacted by the authority aforesaid, That the said city council shall have power and authority to make and establish by ordinance a fiscal year, in their discretion, from which and to which all licenses shall date. Should any person apply for license for any business in said city for which a license is required, at any time after the fiscal year has begun, the said city council shall have authority to require from such person the same amount as required for a license for a full year, and in no case shall the said city council be required to prorate the amount of any license for a term less than a full year provided, nevertheless, that no change in the fiscal year shall operate to the injury of any person who has paid the amount of license required of him. Fiscal year for licenses. Section 44. Be it further enacted by the authority aforesaid, That said city council shall have power and authority to enforce, by execution, the collection of any debt or claim due or to become due to said city, for taxes, license fees, rents, impounding fees, fines and forfeitures, for laying sewers and drains, for cleaning and reparing privies, and for abating nuisances, and for any and all levies, assessments, fines, debts or demands, due, or to become due, to said city. Said executions to be issued by the clerk of the council, signed by him and the mayor of said city, directed to the chief of police of the City of Monticello, and to all and singular the sheriffs, the deputy sheriffs, and constables of this State, by any one of whom the same may be executed. and who are authorized to levy the same upon the property against which it is issued or on the property of the owner against whom such execution shall issue, and the same to be sold as is provided by the Code of the State of Georgia, in cases of sales for taxes. Executions.

Page 2703

Section 45. It shall be the duty of the chief of police to levy all executions in favor of the city, and after advertising for 30 days as sheriff's sales are advertised, he shall sell the property levied upon before the courthouse door in Jasper County, on a regular sheriff's sale day, and within the legal hours of sheriff's sale, and shall sell at public outcry to the highest bidder, and execute titles to the purchaser, and shall have the same power to place the purchaser in possession as sheriffs of the State have; provided however, should any of the property levied upon, as before provided, remain in the hands of the levying officer, and is of a perishable nature or liable to deteriorate in value from keeping, or there is expense attending the keeping of same (the same not being real estate), it may be sold as provided by law in such cases, except that the order to sell shall be obtained from the Mayor. In the event said executions are levied by any person authorized to levy and execute the same, and not by the chief of police, the time, place and manner of sale shall be the same as is levied by the said chief of police. Same. Section 46. The executions issued in accordance with the power and authority conferred by section 44 of this Act shall have the same force and binding effect as other executions for taxes; in case they are for ad valorem taxes due the city, and in case they are for other taxes, licenses, fines, forfeitures or demands due the city, shall have the same force and binding effect as executions issued from the superior courts and justice courts of this State, and may be levied by any officer to whom they are directed, upon any property in said State subject to said execution. The same right and privileges shall belong to the person against whom executions issue to file an illegality to said execution, and to any person not a party to said execution to file a claim to the property levied on and give bonds, as if said executions issued from a justice's or superior court of this State, and if the amount claimed on said executions is less than one hundred dollars, all the papers connected with said claim or illegality case shall be returned to the justice court of the district in which the

Page 2704

city of Monticello is situated for trial, and said claim or illegality case shall be there tried as claim or illegality cases are tried by law in said court. If the amount claimed on said execution is more than one hundred dollars, or the property levied on is real estate, then all the papers in said case shall be returned to the superior court of Jasper County, should claim or illegality be filed, there to be tried as such cases are by law tried and determined in said court. In the event the real estate levied on lies in another county, and claim of illegality shall be filed, then such case shall be tried in the superior court of the county where the land is situate, as such cases are by law tried and determined in said court. In all cases, the officers making sale under said executions shall execute title to the property sold and put the purchaser in possession. Same, effect. Section 47. Be it further enacted by the authority aforesaid, That the said city council shall have the power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxation. Section 48. Be it further enacted by the authority aforesaid, That the said city council shall have the power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of the State, and general laws of the State applicable to municipalities, and with the funds arising from the sale of any bonds thus issued, may refund existing debts, establish and maintain a system of waterworks, a system of lights, a public school system, erect public buildings, or any other improvement, convenience or necessity for the use of the citizens of said city, and to create a debt and issue bonds of said city for any other lawful purpose under the limitations therein stated. Bonds. Section 49. Be it further enacted by the authority aforesaid, That the city council of said city are authorized to purchase real estate in the said City of Monticello,

Page 2705

and erect thereon a building in which said corporate authorities and the officers of said city may transact the public business of the city, and in which to keep the records, archives and property of said city, and a building for a city prison or guard house, and such other buildings as may be necessary or convenient for carrying on the government of said city; that said city council are authorized to levy and collect a tax upon all the property, real and personal, within the limits of said city not to exceed two-tenths of one percent per annum, with which to pay for said buildings, out of said taxes so levied and collected; provided, however, that the city council shall not have the right or power to levy or collect said tax until the same is submitted to and approved by two-thirds ([frac23]) of the qualified voters of the City of Monticello voting at an election held under the same rules and regulations as other city elections, and of which notice shall be given by publishing same once a week for four weeks in the newspaper published in said city to which the sheriff publishes his advertisements. Those favoring the levying of said tax shall vote in said election, For levying tax, and those opposed to same, Against levying tax, and if two-thirds ([frac23]) of the qualified voters voting in said election vote in favor of levying said tax, then the council of said city shall be authorized to levy and collect the same. Real estate. Section 50. Be it further enacted by the authority aforesaid, That the City of Monticello shall have all the powers granted to municipalities under the Revenue Bond Law (Ga. L. 1937, p. 761, et seq.) and any present or subsequent amendments thereto. Bonds. Be it further enacted by the authority aforesaid, That the City of Monticello is hereby authorized and empowered: a. To buy, construct, extend, operate, serve customers and maintain gas and/or electric generating and distribution systems, together with all necessary appurtenances thereto, both within and without its corporate

Page 2706

limits, as now constituted and as hereafter extended; and, Utilities. b. To acquire by contract, purchase or condemnation rights-of-way, easements, property and privileges for its public utility systems, including gas and/or electric generating and distribution systems, both within and without the corporate limits of said city; provided, that any such condemnation shall be accomplished as prescribed by the laws of the State of Georgia governing the condemnation of property by the State of Georgia, political subdivisions thereof, or municipal corporations. If more than one law is so available at the time of the bringing of any such proceedings, the city may select the law to be used; and, Condemnation. c. To have entire control over all public utilities now or hereafter owned or operated by said city, including gas and/or electric generating and distributing systems, within or without its corporate limits, and with authority to make all contracts necessary to operate such utilities, to make all improvements and extensions thereto and to fix, impose and collect the rates and charges made for services commodities, supplied by such public utilities; and, d. To issue and sell obligations of any of its revenue producing utility systems, including any gas or electric system it may now own or hereafter acquire, payable only from a pledge of the revenues of such system, or combination of systems, as provided in the Revenue Bond Law of the State of Georgia, and in Article VII, Section VII, Paragraph V, of the 1945 Constitution of the State of Georgia, or in any present or subsequent amendment to said Law or said Constitution pertaining thereto. Section 51. The city shall have the power, by ordinance establishing a lawful procedure, to condemn public or private property, either within or without the corporate limits of said city. Condemnation. Section 52. The city shall have the power of eminent

Page 2707

domain and all the rights and privileges of eminent domain, granted to them by law and shall in order to make the provisions thereof effective, the city council may pass such ordinances as they deem necessary to insure the powers therein granted, and to protect the citizens from the limitations therein prescribed. Same. Section 53. The city council of said city shall have the power therein to lay off, close, open and keep in good order and repair roads, streets and sidewalks, for the use of the public, and to provide how said paving, maintenance or care shall be paid, whether by said town or by the adjacent landowners, or by both; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of a majority of the whole council, shall be a nuisance; to protect the property and person of the citizens of said town, to preserve the peace and good order therein, and to punish all offenders for any and all kinds of disorderly conduct and breach of the peace in said town; to adopt rules for the regulations and government of its own body. The mayor and council shall have power to make and pass all needful orders, ordinances and by-laws not contrary to the Constitution and laws of Georgia, to carry into effect the foregoing enumerated powers, and all others conferred upon said town. Sidewalks, streets, etc. Section 54. Be it further enacted by the authority aforesaid. That in all cases where the authorities of said city see proper to open any new street, or to widen any street, lane or alley, or in any way to change the same, it shall be lawful for them to have said street, lane or alley, or the proposed change in same surveyed or marked, and before proceedings to open same they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened, widened or changed twenty days, during which it shall be lawful for such owner, his agent or attorney, in case he cannot agree with said authorities as to the amount of damages, to file objections to the opening of said new street, lane

Page 2708

or alley, or to widening or changing the old street, lane or alley, and make claim for damages which may result to such owner. In case no objection or claim for damages is filed within twenty days, it shall be lawful for the city council to proceed at once to open said street, lane or alley, or make such change in any old one agreeable to the survey made before the commencement of the proceedings, and the owner of the land through which said new street runs or such change is proposed to be made, shall be estopped thereafter from claiming any damages by reason of the opening of said new street, or changing or widening any old one. In case objections are filed and damages are claimed, it shall be the duty of the mayor of the city to select one disinterested freeholder resident in said city, and the owner or his agent shall select another, and they two a third, and in case the said owner shall refuse to select an assessor, the ordinary of Jasper County shall appoint one for him, on application to him reciting said fact by the mayor of said city, and the three assessors so chosen, after hearing such evidence as may be offered by either party, shall proceed to assess the damages resulting therefrom; provided, either party being dissatisfied with said award shall have the right to appeal from same to a jury in the superior court of Jasper County, under the law governing appeals in other cases. Same. Section 55. Be it further enacted by the authority aforesaid, that the city council shall have the right and power to regulate the use of all sidewalks, cross walks and structures over or under the same; to require the owner or occupant of any premises to keep the sidewalks in front of or along the same free from obstructions of any kind; to regulate and prevent the throwing of ashes, offal, dirt, garbage or any offensive matter into any street, avenue, lane, sidewalk or public place within the city, or into any stream of water within the city, and to prevent any injury of any kind to any street, alley, or public grounds or public buildings of said city. Use of sidewalks, etc. Section 56. The city council of said city shall have the right to provide for and regulate curbs and gutters

Page 2709

that flow into the streets or on the sidewalks of said city; to regulate or prohibit the use of the streets and public grounds for signs, sign-posts, awnings, telegraph and telephone poles, horse-troughs, racks, and posting handbills and advertisements; to regulate or prohibit the carrying of banners, handbills, and placards in the streets, on the sidewalks and public places of the city. Same, curbs, gutters, etc. Section 57. The city council of the said city shall have the right and power to prescribe the limits within which wooden buildings, or structures of any kind, shall not be erected, placed or repaired without the permission of said City council; to provide that any and all buildings within said limits, which shall be known as the fire limits, which shall have been damaged by fire, decay or otherwise to the extent of fifty per cent of the value shall be torn down or removed, and to prescribe the manner of ascertaining such damage and the damage sustained by the owner by reason of being thus compelled to tear down or remove such building. In case of an offense against such fire regulations, the city council, after having given five days' notice, shall cause any building not fireproof, and erected in violation of the ordinances of said city, to be removed at the expense of the owner or builder thereof; to be collected by execution as in cases of other execution issued by said city; and said city council shall have the right to determine what are and what are not fireproof buildings within the meaning of said ordinances; said city council shall have the right and power to prohibit and prevent the construction of dangerous chimneys, fireplaces, hearths, stoves, stove-pipes, ovens, boilers, and apparatus used about any building or manufactory, and to cause the same to be removed or placed in safe condition at the expense of the owner, when in the opinion of the city council it is necessary to do so in order to insure safety against fire. Zoning. Section 58. Said mayor and council shall likewise have the power to prescribe by ordinance, rules and regulations for the erection or improvement of any building of any kind within the limits of said city, with

Page 2710

authority to require building permit before same can be erected, and likewise full and complete authority to control and regulate the installation of all plumbing, for the protection of the property, the health and comfort of the inhabitants of said city. Building. permits. Section 59. Be it further enacted by the authority aforesaid, that the mayor and city council may in the interest of the public health, safety, order, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of the buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more the purposes above described. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the mayor and city council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of trade, industry, profession or other activity conducted or to be conducted upon the premises, the number of persons, families or other group units to reside in or use buildings, the public, quasi-public or private nature of the use of premises or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. Zoning. a. Residence Sections. For the reasons above stated, said mayor and city council shall have the further right and power in any districts proposed to be set aside primarily for residence purposes to further classify the use thereof and to provide therein the class or classes of residence to be housed therein and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof.

Page 2711

b. Preparation of plan, notice and hearing, ordinance. No ordinance adopting zoning regulations as above authorized shall be passed by the Mayor and city council until after a comprehensive plan for the zoning of the city has been prepared and submitted to the mayor and city council by the city planning commission. Whenever the city planning commission shall certify to the mayor and city council a plan for the zoning of the city, the mayor and city council shall hold a public hearing thereon and shall give thirty days notice of the time and place thereof in a newspaper of general circulation in the city; and during said thirty days, a copy of such plan and proposed ordinance shall be on file for public examination in the office of the city planning commission or any such other office as may be designated by the mayor and city council. No ordinance, measure or regulations which violates, differs or departs from the plan or report submitted by the city planning commission shall take effect unless passed by the mayor and city council. c. Amendment of zone plan. The mayor and city council may from time to time amend or change the regulations or districts established by the zoning ordinance, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall first be submitted to the city planning commission for approval or disapproval, and the city planning commission shall have been allowed a reasonable time, not less than fifteen days, for consideration and report. Whenever the owners of fifty percent of the land in any area shall present a petition duly signed and acknowledged to the mayor and city council requesting an amendment of the regulations prescribed for such area it shall be the duty of the mayor and city council to vote upon such amendment within sixty days of the filing of same by the petitioners with the city clerk. d. Board of Zoning Appeals. The zoning regulations shall be enforced and administered by the inspector of buildings under the rules and regulations of the board

Page 2712

of zoning appeals. The mayor and city council shall create a board of zoning appeals which board shall hear and decide appeals from and review any order, requirement, decision or determinations, made by the inspector of buildings in the enforcement of the zoning regulations. The mayor and city council may authorize the board of zoning appeals to administer the details of the application of any zoning regulation and may delegate to such board in accordance with general rules set forth in the zoning ordinance power to permit exceptions to and variations from the zoning regulations, and to administer the zoning regulations as specified therein; or such administrative powers and functions may be delegated by the mayor and city council either in whole or in part of the city planning commission and the city planning commission when acting in accordance with such delegations shall be the board of zoning appeals. e. Certiorari to review decision of Board of Zoning Appeals. Every decision of the board of zoning appeals shall be subject to writ of certiorari issued from the superior court upon the same terms as such writs are issued in any case. Section 60. The city council shall have authority to establish an animal pound for stray animals and to change the same whenever they deem proper; to fix a schedule of charges and penalties to be paid by the owner such impounded animal or fowl before they are released from the pound; to regulate the mode and manner of sale or disposition of impounded animals or fowls where no owner appears to claim them, or where the payment of impounded fees charged, or penalties or cost is refused; to provide for the proper notice and advertising of impounded animals or fowls, and to provide for the disposition of the proceeds of the sale of impounded animals or fowls, and to provide for the punishment of all persons who, without authority, break or enter the pound. Animal pound. Section 61. The city council of said city shall have

Page 2713

the right and power to enact ordinances for the purpose of preventing the spread of contagious diseases, and to declare and enforce quarantine against such diseases, and to punish any violation or infringement of the quarantine rules and regulations of said city. The said city council of said city shall also have the power and right to establish, build and maintain hospitals or pest houses within the limits of said city, or outside those limits, as they may determine, and for this purpose they are authorized to buy, hold, possess, and receive real estate outside the limits of said city, and to condemn, if it cannot be bought, real estate to be used for these purposes, the condemnation proceedings being done as provided in section 51 of this Act. The said city council shall also have the power to compel the removal to the smallpox hospital or pest house of any person or persons who shall have smallpox within the limits of said city and who do not provide their premises with sufficient guards to completely quarantine them; but even when the premises on which said person may be who shall have the smallpox shall be sufficiently guarded, it shall still be within the power of said city council, when it is deemed necessary and safest, to remove said person to the hospital or pest house. The said city council shall also have the power and authority to declare by resolution that vaccination shall be compulsory upon all persons residing within the limits of said city, and upon all persons who may be working or sojourning in said city, whether they be permanent residents or not of said city; the said city council may purchase vaccine points, employ physicians to perform the vaccination, and provide in said resolution the time within which all persons as above referred to shall be vaccinated, and give notice of the place and persons who will perform the vaccination for and on behalf of said city, without charge to the individual; and any person failing or refusing to be vaccinated within the time required in said resolution, either by the physician appointed by the city to perform such vaccination, or by some other competent person, shall upon conviction be punished as the said council

Page 2714

may by ordinance prescribe, consistent with the provisions of this Act. Public health. Section 62. This charter shall provide for succession in government in that the continuation of functions shall be made a part of this charter, and such continuation is hereafter provided for: (a) The present mayor and councilmen of the City of Monticello are hereby declared and appointed lawful officers of the City of Monticello, under this charter, until the 1st Tuesday in January, 1960, and until their successors are elected and duly qualified, as provided in this charter. Present mayor and council. (b) Nothing in this charter contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the city or of any office, department or agency existing at the time when this charter takes effect, or any provision of law in force at the time when this charter shall take effect and not inconsistent with the provisions of this charter, in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement, rights, civil rights or any other rights or privileges of officers or employees of the city or any office, department or agency thereof. Intent. (c) All persons holding administrative office at the time this charter takes effect shall continue in office and in the performance of their duties until provisions shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any office, department or agency of the city by the laws of the State shall, if such office, department or agency, be abolished by this charter, or under its authority, be thereafter exercised and discharged by the office, department or agency designated by the council unless otherwise provided herein. Present employees. (d) The City of Monticello is hereby made responsible

Page 2715

as a corporate body for all legal debts, contracts and obligations for which the Town of Monticello, as incorporated under an Act approved December 18, 1901 (Ga. L. 1901, p. 565), as amended, is now obligated. Present debts. (e) No action or proceeding, civil or criminal, pending at the time when this charter shall take effect, brought by or against the city or any office, department or agency or officer thereof, shall be affected or abated by the adoption of this charter or by anything therein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any office, department or agency or officer party thereto may be or under this charter be assigned or transferred to another office, department or agency or officer, but in that event the same may be prosecuted or defined by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this charter. Pending actions. Section 63. All existing valid ordinances, rules, bylaws, regulations and resolutions of the Town or City of Monticello, Georgia, not inconsistent with this charter shall remain in full force and effect for the City of Monticello until altered, amended or repealed. Existing ordinances. Section 64. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that I will introduce a local Bill in Legislature of Georgia, 1959 session affecting the City of Monticello, Georgia, Captioned as follows: To be entitled an Act to repeal an Act incorporating the City of Monticello, approved December 18, 1901, (Ga. L. 1901, p. 565) as amended: to incorporate and to grant a new charter to the City of Monticello; to prescribe the corporate limits; to provide for the corporate powers; to provide the form of government; to provide for time and place of elections; to provide qualifications,

Page 2716

term of office and oath for the mayor and councilmen; to provide for election managers; to provide for the qualifications and registering of voters; to provide for illegal voting; to provide for contested elections; to provide for vacancy in office; to provide for removal from office; to provide for salaries of the mayor and councilmen; to provide rules, time and procedure for city council meetings; to provide for the establishment and qualification of a mayor pro tem; to provide for establishment of city officers; to provide methods for tax assessments; to establish a police court; to provide for police powers; to provide for certain specific powers of city council; to provide for succession of government; to repeal all conflicing laws; and for other purposes. This January 5, 1959. Roy R. Kelly, Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy R. Kelly, 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 8, January 15 and January 22, 1959. Roy R. Kelly, Representatives, Jasper County Sworn to and subscribed before me this 2nd day of Feb. 1959. John Tye Ferguson Notary Public. My Commission expires Oct. 10, 1961. (Seal). Approved March 10, 1959.

Page 2717

CITY OF KENNESAWCHARTER AMENDED. No. 245 (House Bill No. 286). An Act to amend an Act creating a new charter for the City of Kennesaw, approved February 16, 1950 (Ga. L. 1950, p. 2506), as amended by an Act approved December 15, 1953, Ga. L. 1953, Nov.-Dec. Sess., p. 2826), and an Act approved February 28, 1958 (Ga. L. 1958, p. 2224), so as to provide for an additional councilman; to stagger the terms of councilmen; to fix the term of office of the mayor and councilmen; to require candidates for the office of councilman to name the incumbent or predecessor in the office to be filled; to repeal conflicing 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 Kennesaw, approved February 16, 1950 (Ga. L. 1950, p. 2506), as amended by an Act approved December 15, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2826), and an Act approved February 28, 1958 (Ga. L. 1958, p. 2224), is hereby amended by striking the word four from section 4 and inserting in lieu thereof the word five, so that said section when so amended shall read: Section 4. Be it further enacted, that the municipal government of the City of Kennesaw shall consist of and be vested in a mayor and five councilmen; that said mayor and councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, automobiles, bicycles, carriages, drays, hacks, wagons, airships livery-stables, sales-stables, warehouses, sleeping apartments, restaurants, cafes, opera-house, theatres, picture shows and all kinds of shows and circuses, dancehalls, skating-rinks, bowling alleys, pool and billiard-rooms, and all other places of amusements; storehouses, hitching places, markets,

Page 2718

slaughter houses, garages, shops, mills, ginneries, factories barber-shops, soda-founts, beer-saloons, telegraph and telephone companies gas, water, lights, and electrical companies, booths, stands, tents, stores, business establishments filling stations, common carriers, all sales and displays in said town and other matters and things whatsoever that may be by them considered necessary or proper or incident to good government of said city, and the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said town, and the preserving of peace, good order and dignity of said government; and said mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and laws of this State, and to prescribe punishment for the commission of different acts of crime and violations of any ordinances of the said mayor and councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed as restrictive to said powers alone but shall include all and every other thing and acts necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Mayor of councilmen. Section 2. 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. The present mayor and four councilmen of the City of Kennesaw shall continue in office until the first Monday in January 1961 and until their successors are elected and qualified. The said mayor and councilmen shall exercise all the powers and authority conferred upon the mayor and council of the City of Kennesaw created by this Act as amended, and on the third Monday in December 1960, there shall be elected a mayor and five councilmen as provided for hereinafter. Mayor and five councilmen.

Page 2719

Section 3. Said Act as amended is further amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. On the third Monday in December 1960, there shall be elected by the qualified voters of the City of Kennesaw, a mayor and five councilmen. The mayor shall be elected for a term of two years and until his successor is elected and qualified. The two candidates for membership on the city council receiving the highest number of votes shall serve for a term of two years 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 and until their successors are elected and qualified. Thereafter, on the third Monday in December of each year, an election shall be held to elect the successors to the councilmen whose terms expire. All future successors shall be elected for a term of two years and until their successors are elected and qualified. Successors to the mayor shall likewise be elected on the same day every two years. The mayor and councilmen elected in 1960 shall take office on the first Monday in January immediately following such election and all successors shall likewise take office on the first Monday in January immediately following their election. On the first Monday immediately following their election, the mayor and councilmen shall meet in the city hall or other designated place in said city and each take an oath before some officer authorized to administer oaths as folows: Same, terms, etc. `I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Kennesaw for the term for which I was elected and I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God.' Oath. Should the mayor or any councilman be absent from said meeting, he shall take the oath of office as soon as possible thereafter. The mayor and council shall provide by ordinance for regular monthly meetings and may

Page 2720

hold such special called meetings as the business of the city may require, which special or called meetings shall be called by the Mayor in his discretion, to be convened as provided by ordinance. In the event that the office of mayor or the office of councilman shall become vacant for any reason other than the expiration of term of office, the vacancy shall be filled by appointment by the mayor and remaining members of council in the case of vacancies on the council, and by the members of council in case of a vacancy in the office of mayor. Any person appointed to fill a vacancy shall do so for the unexpired term. Section 4. Said Act is further amended by adding a new section to be known as section 14 A, to read as follows: Section 14 A. In all elections after the election in 1960 which are held for members of council for the City of Kennesaw, any candidate when qualifying shall specify the person holding the office for which the candidate desires to run and in the event the office is vacant, he shall designate the person holding the office immediately prior to such vacancy. Elections. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Cobb County. I, Brooks P. Smith, do hereby certify that I am publisher and general manager of The Marietta Journal, the newspaper in which sheriff's advertisements appear in Cobb County, and the attached copy of notice of intention to introduce local legislation was published in said newspaper on the following days, to-wit: January 2, January 9, and January 16, 1959. Brooks P. Smith Sworn to and subscribed before me this 22nd day of January, 1959. Thelma D. Myers Notary Public, Cobb County, Georgia My Commission Expires September 14, 1960 (Seal).

Page 2721

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1959 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 2nd day of January, 1959. Harold S. Willingham Raymond M. Reed Eugene W. Holcombe Cobb County Representatives Approved March 10, 1959. DODGE COUNTYFEE SYSTEM ABOLISHED AS TO SHERIFF AND CLERK OF SUPERIOR COURT. No. 246 (House Bill No. 288). An Act to change from the fee system to the salary system in the County of Dodge, State of Georgia, the sheriff of said county and the clerk of the superior court thereof; to make provisions to carry out such change; to regulate the collection and disposition of costs and other perquisites of such officers; to provide for deputies and clerks for such offices; to provide for the payment of salaries for such officers, deputies and clerks; to provide for furnishing the sheriff of transportation to carry out the duties of his office; to provide for the necessary office expense of such officers; to provide for the effective date 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 as follows: Section 1. The salaries for the officers herein named

Page 2722

shall be their full and complete salary, except as herein stated, and all fees or other emoluments now allowed or hereafter allowed by any authority of law, shall be construed to be county funds and accountable for as such. The sheriff of Dodge County, Georgia, shall receive a salary of seven thousand five hundred dollars ($7,500.00) per year and the clerk of the superior court of said county shall receive a salary of seven thousand two hundred dollars ($7,200.00) per year, both salaries being payable monthly by the commissioner of roads and revenues of said county out of the general funds of said county. Salaries. Section 2. In addition to the above salary to be paid to the sheriff of Dodge County, Georgia, the sheriff shall also be paid, as now or hereafter provided for by law, the per diem for dieting prisoners. Sheriff. Section 3. Nothing in this Act shall be construed as a repeal or a ratification of that certain Act of the General Assembly approved March 9, 1945, (Ga. L. 1945, p. 1152), as amended by that certain Act approved February 13, 1952, (Ga. L. 1952, p. 2490), relating to special deputy sheriffs in certain counties. Prior Acts not disturbed. Section 4. The commissioner of roads and revenues of Dodge County shall furnish to the sheriff of said county and to one deputy sheriff of said county automobile transportation to be for the exclusive use of the duties performed by said sheriff and deputy, and such transportation shall not be used for the personal use of said deputy or sheriff. The amount of the expense of such transportation shall be in the discretion of the commissioner of roads and revenues of Dodge County and shall be paid out of the general funds of said county. Transportation for sheriff. Section 5. The sheriff of Dodge County may employ one deputy sheriff to be paid a salary not in excess of $400.00 per month, as determined by said sheriff, out of the general funds of said county by the commissioner of roads and revenues of said county. Said sheriff may

Page 2723

employ such other deputies, as are authorized by law, at his expense. Deputy sheriffs. Section 6. The clerk of the Superior Court of Dodge County shall employ a deputy clerk, who shall be paid a maximum salary of $300.00 per month, to be determined by said clerk, out of the general funds of Dodge County by the commissioner of roads and revenues of said county. In addition thereto said clerk may employ such assistant or assistants as the official work in his office may require, and at such compensation as may be determined by him; provided, however, that the total compensation to be paid for such assistant or assistants shall not exceed the sum of $250.00 per month. The salaries of such assistant or assistants, not to exceed $250.00 per month for the total of such salaries, shall be paid out of the general funds of said county by the commissioner of roads and revenues of said county. Deputy clerk, etc. Section 7. All fees, costs allowances, percentages, forfeitures, penalties and all other perquisites not allowed by law, or hereafter allowed by law, to be collected by the sheriff of Dodge County and by the clerk of the superior court of said county, shall be received and collected by said officers for the sole use of the county and shall be held and accounted for as public monies belonging to said county. Such officers shall on or before the tenth day of each month submit a detailed report of the sums so collected to the commissioner of roads and revenues and to the ordinary of said county, and pay the same over to the officer fulfilling the duties of treasurer of Dodge County. Said commissioner of roads and revenues and ordinary shall keep said reports on file in their respective offices as a public record and open to public inspection. The procedure now in force as to which officer shall collect the costs and other perquisites of office and distribute the same, shall remain in force as now provided by law, but as herein provided, all such sums shall be collected for the use of said county. Fees. Section 8. All fees, costs, and other perquisites of

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office which are due the sheriff and the clerk prior to the effective date of this Act and which are collected after the effective date of this act, shall be collected as herein provided, but shall be remitted to such officer upon his presenting his bill therefor to the commissioner of roads and revenues of Dodge County. Any services rendered by said officers after the effective date of this Act shall be accounted for as county money. Fees due officers. Section 9. This Act shall become effective on the 1st day of January, 1961. Effective date. Section 10. All laws and parts of laws in conflict herewith are expressly repealed. Georgia, Dodge County. Notice is hereby given of the intention of the undersigned to apply for the pasage of local legislation at the January, 1959, session of the General Assembly of Georgia entitled: An Act to change from the fee system to the salary system in the County of Dodge, State of Georgia, the sheriff of said county and the clerk of the superior court thereof; to make provisions to carry out such change; to regulate the collection and disposition of costs and other perquisites of such officers; to provide for deputies and clerks for such offices; to provide for the payment of salaries for such officers, deputies and clerks; to provide for furnishing the Sheriff of transportation to carry out the duties of his office; to provide for the necessary office expense of such officers; to provide for the effective date of this Act; to repeal conflicting laws; and for other purposes. This January 12, 1959. W. S. Stuckey, Dodge County Representative Georgia, Dodge County. I, E. T. Methvin, do certify that I am publisher of the

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Times-Journal, the official organ of Dodge County, Georgia, and that I published the foregoing notice in the issues of said Times-Journal appearing on January 14th, 21st and 28, 1959. This January 30, 1959. E. T. Methvin Approved March 10, 1959. DODGE COUNTYPRIMARY ELECTIONS. No. 247 (House Bill No. 289). An Act to require all primary elections for the nomination of candidates for county offices of Dodge County, Georgia, of any political party, to be held on the second Wednesday in May of this year in which such officers are elected in November; and for other purposes. Be it enacted by the authority of the General Assembly of Georgia, and it is hereby enacted by the authority of the same as follows: Section 1. Each and every political party desiring to nominate candidates for county offices of said Dodge County, Georgia, by a primary election, shall hold such primary election on the second Wednesday in May in the year in which county officers of Dodge County, Georgia are elected, and at no other time, and any rule or regulation of any such political party or its subdivisions to the contrary, is null and void. Date set. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this law are hereby repealed.

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Georgia, Dodge County. The undersigned intends to apply for the passage, at the January, 1959, session of the General Assembly of Georgia, of a bill to be entitled An Act to require all primary elections for the nomination of candidates for county offices of Dodge County, Georgia, of any political party, to be held on the second Wednesday in May in the year in which such officers are elected in November; and for other purposes. This January 12, 1959. W. S. Stuckey Representative, Dodge County, Georgia Georgia, Dodge County. I, E. T. Methvin, do certify that I am publisher of the Times-Journal, the official organ of Dodge County, Georgia, and that the foregoing notice of intention to apply for local legislation was published in the Times-Journal in the issues appearing on January 14th, 21st and 28, 1959. This January 30, 1959. /s/ E. T. Methvin Approved March 10, 1959. CITY COURT OF EASTMANABOLISHED. No. 249 (House Bill No. 291). An Act to abolish the City Court of Eastman in and for the County of Dodge; to transfer all records of such court and the pending business in such court to the Superior Court of Dodge County, Georgia; to provide

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that this Act shall become effective on the first day of January, 1961; 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: Section 1. That the City Court of Eastman as created by an Act approved August 19, 1912, or by any other Act or by any amendment thereto, be and the same is hereby abolished, and all laws creating the City Court of Eastman or amending any Act creating the City Court of Eastman are hereby repealed. Abolished. Section 2. All records of any character and all business pending in such court or on appeal therefrom or thereto is hereby transferred to the Superior Court of Dodge County, Georgia. Transfer of records. Section 3. This Act shall not become effective until January 1, 1961. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Dodge County. Notice is hereby given of the intention of the undersigned to apply, at the January, 1959, session of the General Assembly of Georgia, for the passage of a bill to be entitled an Act to abolish the City Court of Eastman in and for the County of Dodge; to transfer records of such court and pending business in such court to the Superior Court of Dodge County, Georgia; to provide that the Act shall become effective on the 1st day of January, 1961; and for other purposes. This January 12, 1959. W. S. Stuckey Representative, Dodge County, Georgia
Page 2728

Georgia, Dodge County. I, E. T. Methvin, do certify that I am the publisher of the Times-Journal, the official organ of Dodge County, Georgia, and that I published the foregoing notice in the Times-Journal in the issues appearing on January 14th, 21st and 28, 1959. This January 30, 1959. E. T. Methvin Approved March 10, 1959. CITY OF NEWNANEMPLOYEES' RETIREMENT SYSTEM AMENDED. No. 252 (House Bill No. 308). An Act to amend an Act of the General Assembly of Georgia entitled an Act to create a new charter of the City of Newnan, in the County of Coweta, approved December 8th, 1893, and other acts amendatory thereto, and to amend in particular an act of the General Assembly approved February 25, 1949, creating a retirement system for the City of Newnan, and all Acts amendatory thereto, to provide that the provisions of the retirement systems shall be optional to persons hereinafter employed by said city; to authorize the retirement board to use the pension fund or other assets as guaranty for deposit necessary to place the employees of said city under the Federal Social Security System; to provide for the withdrawal of certain employees from the coverage of the retirement system, and for other purposes. Be it, and it is hereby enacted by the General Assembly of Georgia: Section 1. That section 2 of the Act of 1949, (Ga. L.

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1949, p. 1996), creating a retirement system for the City of Newnan, is hereby amended by striking said section 2 in its entirety and inserting in lieu thereof a new section 2 to read, as follows: Section 2.(a). The City of Newnan shall levy each pay day upon each and every employee of said city, who was an employee thereof on December 1, 1958, and not exempt from the provisions of this act as hereinafter provided, and each and every person becoming an employee of said City after December 1, 1958, and not exempt from the provisions of this Act as hereinafter provided, who elects in writing at the time of his or her employment to benefit hereunder, a tax of four per cent of the salary or per diem due and payable up to and including $200.00 per month, and nothing for salaries or per diem in excess of $200.00 per month, which tax shall be deducted from the salary or per diem of each such employee by said city and paid over to the retirement board hereinafter provided for. In like manner said city shall, through its city council, appropriate from the funds of said city and pay into the retirement fund hereby created, an amount equal to the aggregate amount of said tax on said salaries and per diem of all the employees affected hereby, and shall thereafter underwrite any deficit which may show up in the fund from time to time. Retirement tax. (b). An election to benefit hereunder shall be irrevocable except as hereinafter provided. Section 2. Be it further enacted that section 3 of said Act on page 1997 is hereby amended by adding at the end thereof, the following: Said board shall have the right to pledge any funds or other assets on hand in excess of those required for immediate use, as guaranty for deposit to establish a Social Security system for the employees of the City of Newnan, under the rules and regulations of the Federal Social Security Program. Social Security. Section 3. Be it further enacted that section 13 of said Act on page 2001 is hereby amended by striking

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said section 13 in its entirety and inserting in lieu thereof a new section 13 to read, as follows: Section 13. (a). Any employee leaving the service of the City of Newnan for any reason other than retirement by the retirement board of trustees, shall be refunded the actual amount of money he or she has paid into the retirement fund, less five per centum, which said five per centum shall remain in said fund; provided, however, that any employee who leaves the service of the City of Newnan and withdraws the amount of his contributions to the retirement fund as in this section provided and subsequently returns to the employment of said city shall not receive credit for the time of service represented by such withdrawal until and unless he shall have repaid said sum plus five per cent thereof into said retirement fund. Refund to employees leaving employment of city. (b). Each and every employee of the City of Newnan, who voted in the Social Security election held by the said City on December 1, 1958, to withdraw from the coverage of this act shall be entitled to a refund of and the retirement board is hereby authorized and directed to refund to each such employee the total amount of his or her contribution to the retirement fund less five per centum, which said five per centum shall remain in the fund; provided that, if after withdrawing the amount of his contributions to the retirement fund, as herein provided an employee ceases to be in the employ of said city and thereafter returns to the employment of said city he shall not be entitled to elect to come under the provisions of this Act. Refunds to employees electing to be covered by Social Security. Section 4. Be it further enacted that except as herein provided nothing contained in this Act shall be construed to affect the rights and liabilities of the City of Newnan and/or its employees under the Newnan Retirement System created by Georgia Laws, 1949, page 1996, approved February 25, 1949. Intent. Section 5. Be it further enacted that all laws and

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parts of laws in conflict herewith are hereby repealed. Georgia, Coweta County Personally appeared before me, the undersigned, authorized by law to administer oaths, James Thomasson, who on oath says he is editor and publisher of The Newnan Times-Herald, published in Newnan, Coweta County, Georgia, and being the legal organ for the County of Coweta, who certified that legal notice, a true copy of which is attached hereto, 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 January 1, January 8, January 15 and January 22, 1959. James Thomasson Sworn to and subscribed before me this 30th day of January, 1959. Virginia D. Millians Notary Public, State of Georgia (Seal). Notice. Notice is hereby given that legislation will be introduced in the General Assembly of Georgia, 1959 session, for the purpose of amending the Act of the General Assembly of Georgia approved on the 25th day of February, 1949, providing for a retirement plan for city employees, etc., so that employees employed subsequent to the proposed Act and who would come within the provisions of the Act establishing the retirement plan may be given the option to or not to avail themselves of the benefits of the retirement act; and also to provide that members of the retirement system who voted in a Social Security election held by the employees of the City of Newnan on December 1, 1958, may withdraw from the Retirement system if they so indicated in said election and be refunded money paid into said system in accordance with the provisions of said Act; and to provide for the right to use monies already paid into the

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pension fund as guaranty for deposit necessary to place employees of the City of Newnan under the Social Security system and for other purposes. Approved March 10. 1959. POLK COUNTYFEE SYSTEM ABOLISHED AS TO NAMED OFFICERS, REFERENDUM. No. 253 (House Bill No. 309). An Act to abolish the present mode of compensation accruing in the offices of clerk of the superior court, clerk of the city court, ordinary, sheriff of the city court, and sheriff of Polk County, Georgia, tax collector for Polk County, Georgia, tax receiver of Polk County, Georgia, known as the fee system, and to prescribe in lieu thereof salaries for such offices; to fix the amounts of payment, to provide the time and method of payment, 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; to provide for the payment of all insolvent costs due the clerk of the superior court of Polk County and the clerk of the city court of Polk County, and the sheriff of Polk County, Georgia, and the sheriff of the City Court of Polk County, that has accrued, up to and

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prior to the effective date of this Act, and for which each of the above said officers has not received the compensation due each of them as per their claims on priority basis, and for other court officers who have filed their claims on the same priority basis; to provide for the payment of the accrued costs and fees due each of said officers up to and prior to the effective date of this Act, to each of the officers, viz: the clerk of the superior court of Polk County, the clerk of the City Court of Polk County, the sheriff of Polk County, Georgia, the sheriff of the City Court of Polk County, the ordinary the tax collector of Polk County, and the tax receiver of Polk County, as the said fees are collected; 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 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 present mode of compensation accruing to the offices of clerk of the superior court, clerk of the city court, ordinary, and the sheriff of Polk County, Georgia, and the sheriff of the City Court of Polk County, the tax collector of Polk County, and the tax receiver of Polk County, Georgia, known as the fee system is hereby abolished, and in lieu thereof salaries for such officers are prescribed as hereinafter provided. Fee system abolished as to named officers. Section 2. (a) The clerk of the superior court of said county, who is also clerk of the city court of said county shall receive eighteen thousand ($18,000.00) dollars per annum for his total compensation and to pay any deputies or clerical help he may hire. Clerk of Superior Court. (b) The ordinary of said county shall receive seventy-two hundred ($7,200.00) dollars per annum as his total compensation and shall pay out of the same any help he may hire. Ordinary.

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(c) The sheriff of said county who is also sheriff of the city court of said county shall receive a salary of twenty-five thousand five hundred ($25,500.00) dollars per annum for his total compensation including expenses. Out of said amount he shall maintain at least two (2) deputies and such other deputies and help as he deems necessary. Sheriff. (d) The tax collector of said county shall receive sixteen thousand ($16,000.00) dollars per annum. Out of the above amount he shall be required to compensate the necessary deputy or deputies and clerical help required to maintain the offices in the Cedartown court house and the Rockmart county office building. Tax collector. (e) The tax receiver of said county shall receive six thousand six hundred ($6,600.00) dollars per annum for his total compensation and shall pay out of same any help he may hire. Tax receiver. Section 3. Said salaries shall be paid in twelve (12) equal monthly installments and shall be in full payment of all services rendered by said officers, including, in the case of said clerk and sheriff, services performed as ex officio officers of the city court of said county. Said salaries shall be expenses of the courts of said county, and payable from any funds of said county available for such purpose. Said salaries shall be paid on the last day of each month. Payment of salaries. Section 4. All fees, commissions, costs, allowances, funds, moneys and other emoluments, accruing on and after the effective date of this Act to the above officers except said salaries accruing to each of said officers shall be and become the property of Polk County, Georgia, and said county is hereby subrogated to all rights, claims and liens of said officers, respectively, therefor. Fees. Section 5. Said officers shall diligently and faithfully undertake to collect all fees, commissions, costs, allowances, funds, moneys, and other emoluments accruing to the respective officers and belonging to said county, and

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shall receive and hold the same in trust for said county as county funds, and shall pay the same into the treasury of said county on or before the fifteenth day of each month. At the time of each such monthly payment, each of said officers shall furnish the treasury of said county a detailed statement of all such funds received during the preceding month by such officer and paid into the treasury at such time. Duties. Section 6. The necessary office expenses of said officers shall be paid from any funds of the county available for such purpose. Each of said officers shall furnish to the board of commissioners of roads and revenue on or before the fifteenth day of each month an itemized statement of expenses incurred in his office during the preceding month. Office expenses. Section 7. The official bonds of each of said officers, and the respective deputies, clerks and assistants, required by law, shall be procured by said officer, and the premiums on these official bonds shall be paid out of county funds. Bonds. Section 8. All insolvent costs due to the officers of the courts of said county who have filed their claims as provided by law, shall be paid out of the insolvent fund on priority basis until each of said officers have been fully compensated for their fees due to each of them prior to the effective date of this Act and in accordance with the law governing the priority of claims, and the filing of same. Fees due officers. Section 9. All accrued costs and fees due each of said officers up to and prior to the effective date of this Act shall be paid to each of them as the same is collected. Same. Section 10. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection,

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sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. 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 11. This Act shall become effective on January 1, 1961, if adopted by referendum as hereinafter provided. Effective date. Section 12. In January, February or March of 1960, it shall be the duty of the ordinary of Polk County to issue the call for an election for the purpose of submitting this Act to the voters of Polk County for approval or rejection. The ordinary shall set the date of such election for the day in 1960 the executive council of the Democratic Party shall set to hold their local 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 Polk County. The ballot shall have written or printed thereon the words: For approval of the Act placing the Sheriff, the Clerk of the Superior Court, the Ordinary, the Tax Collector and the Tax Receiver of Polk County on a salary basis in lieu of a fee basis. Referendum Against approval of the Act placing the Sheriff, the Clerk of the Superior Court, the Ordinary, the Tax Collector and the Tax Receiver of Polk 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 January 1, 1961. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense

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of such election shall be borne by Polk 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 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Leigslation. Notice is hereby given that the undersigned will introduce at the 1959 session of the General Assembly of Georgia a bill to place the sheriff, the clerk of the superior and city court, the ordinary of Polk County, the tax collector, and the tax receiver on a salary basis; to provide for deputies, employees and assistants; to provide for disposition of fees collected; to provide for reports and inspection of books and records; to provide for salaries for deputies, employees and assistants; to provide for the expenses incurred in carrying out the duties of the ordinary, sheriff, the clerk of court, tax collector, and tax receiver; to provide a method and source of payments; to provide for payments of insolvent cost; to provide for an effective date at this act; to repeal conflicting laws; and for other purposes. /s/ E. J. Coalson, Representative, Polk County, Georgia. Dec. 11-18-25, Jan. 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Elmer John Coalson, who, on oath, deposes and says that he is

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representative from Polk County, and that the attached copy of notice of intention to introduce local legislation was published in the Cedar Town Standard, which is the official organ of said County, on the following dates: December 11, 18, and 25, 1958, and January 1, 1959. /s/ E. J. Coalson Representative, Polk County. Sworn to and subscribed before me this 2nd day of February, 1959. G. Hughel Harrison Notary Public, Georgia, State at Large My Commission Expires April 30, 1961 (Seal). Approved March 10, 1959. COMPENSATION OF COUNTY TREASURERS IN COUNTIES OF NOT LESS THAN 36,000 AND NOT MORE THAN 38,000 PERSONS. Code 23-1013 Amended as to Certain Counties. No. 254 (House Bill No. 313). An Act to amend section 23-1013 of the Code of Georgia of 1933 relating to compensation of county treasurers, as amended by an Act approved March 24, 1939 (Ga. L. 1939, p. 277), and an Act approved December 17, 1953 (Ga. L. 1953, p. 176) so as to give discretion to county governing authorities, in counties having a population of 36,000 to 38,000 in the 1950 census or any future census, to increase such compensation to a sum not to exceed $4,200.00; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 23-1013 of the Code of Georgia of 1933 relating to compensation of county treasurers, as

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amended by an Act approved March 24, 1939 (Ga. L. 1939, p. 277), and an Act approved December 17, 1953 (Ga. L. 1953, p. 176), is hereby amended by adding a new sentence at the end of the first paragraph thereof to read: Provided further that the governing authorities of counties having a population of 36,000 to 38,000 in the 1950 census or any future census may, in their discretion, increase the compensation to the county treasurers to a sum not to exceed $4,200.00 per annum., so that said section when so amended shall read: 23-1013. County treasurers in the several counties are entitled to receive two and one-half per cent. commission for receiving, and two and one-half per cent. commssion for paying out, all sums up to $10,000; and one and one-fourth per cent. for receiving, and one and one-fourth per cent. for paying out, the excess over $10,000, for receiving and paying out county funds; Provided, that in no case shall the compensation of county treasurers exceed the sum of $3,000 per annum, unless within the sole discretion of the proper governing authorities of the county the compensation may be increased to a sum not to exceed $3,600 per annum. Provided further that the governing authorities of counties having a population of 36,000 to 38,000 in the 1950 census or any future census may, in their discretion, increase the compensation to the county treasurers to a sum not to exceed $4,200.00 per annum. Making his returns to the grand jury $1.00 Making his returns to the ordinary 1.00 No county treasurer or other county official shall receive any commission on funds received or disbursed in connection with county contracts with State Highway Board of Georgia for the construction or repair of roads. This section shall not apply to funds received and/or disbursed on county contracts with the State Highway Board for the construction or repair of roads. The funds received and disbursed from the contracts mentioned in the preceding paragraph shall be collected

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by the county treasurer, in those counties having a county traesurer, and the funds disbursed by him without any commission or fee, and in those counties having no county treasurer the funds from these contracts shall be collected and disbursed by the usual officers, without any commission or fee. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1959. WARE COUNTYSANITARY DISTRICTS, SANITARY SERVICES, ETC. No. 255 (House Bill No. 314). An Act to amend an Act to create the office of commissioner of roads and revenues of the County of Ware, approved August 16, 1915, (Ga. L. 1915, Ex. Sess., p. 411), as amended, so as to create five (5) sanitary districts in said county; to provide for sanitary service in said districts; to provide for a tax or assessment to pay for same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create the office of commissioner of roads and revenues of the County of Ware, approved August 16, 1915, (Ga. L. 1915, Extra Session, p. 411), as amended, is hereby amended by adding thereto the following sections: Section 25-(a). There are hereby created five (5) Sanitary Districts in Ware County outside the limits of the incorporate municipalities as follows: Sanitary District No. 1. Beginning at a point at the City Limits of Waycross on U. S. Highway # 84 to Brunswick and extending Southeast to the Woodard-Godwin

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road. Follow Woodard-Godwin road south to a point 528 feet northeast of the center line of construction of U. S. Highway # 23 to Folkston. Then follow this point parallel to the highway to a point where the Astoria road would cross U. S. Highway # 23 perpendicular. Then follow the Astoria road at a westerly direction to a point where this road would intersect the A. C. L. R. R. Follow the A. C. L. R. R. northwest to a point 2 miles southeast of the intersection between this railroad and the A. C. L. R. R. to Blackshear. At this point, make a 90 degree angle from the A. C. L. R. R. to Folkston going in a southwesterly direction until this line intersects the Old Swamp Road south. Then follow the Old Swamp Road north to the city limits of Waycross. Then follow the city limits back to the beginning point. Sanitary District No. 2. Beginning at a point at the city limits of Waycross on U. S. Highway # 84 to Brunswick. Follow Highway # 84 southeast to the Ware County line. Go north on county line until it intersects the Satilla River. Follow the Satilla River in a northwesterly direction until it intersects U. S. Highway # 82 to Blackshear. Then follow Highway # 82 in a southwesterly direction to the city limits. Then follow the city limits back to the beginning point. Sanitary District No. 3. Beginning at a point at the city limits of Waycross on U. S. Highway # 82 to Blackshear. Follow Highway # 82 in a northeasterly direction to the county line which is the Satilla River. Follow the Satilla River in a northwesterly direction until it intersects the Alma highway at Waltertown. Follow the Alma highway southwest until it intersects the highway to Jamestown. Follow the Jamestown highway southeast until it joins U. S. Highway # 1. Then follow highway # 1 southeast to the city limits of Waycross. Follow the city limits of Waycross back to beginning point. Sanitary District No. 4. Beginning at a point at the city limits of Waycross on U. S. Highway # 1 North. Follow highway # 1 in a northwesterly direction until

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it joins the Jamestown Road. Follow the Jamestown Road northwest to Waltertown where the Alma highway intersects. Follow the Alma highway northeast to the Satilla River. Follow the Satilla River west until it crosses U. S. Highway 1. Follow U. S. Highway 1 southeast mile to a new county road. Follow the new county road south until it intersects the new road through the industrial section at the Waycross and Ware County Airport. Follow this road southeast until it intersects U. S. Highway # 82 to Waresboro. Follow Highway # 82 southeast to a point where the Colored Cemetery Road would intersect this highway. Follow the Colored Cemetery Road south to a point where it would cross the A. C. L. R. R. to Pearson. Follow the A. C. L. R. R. southeast to the city limits of Waycross. Follow city limits of Waycross back to beginning point. Sanitary District No. 5. Beginning at a point at the city limits of Waycross on the A. C. L. R. R. to Pearson. Follow the A. C. L. R. R. northwest to the Colored Cemetery Road. Follow the Colored Cemetery Road south to Georgia Highway # 122. Then follow Georgia Highway # 122 northeast to the Smith Road. Follow the Smith Road south until it intersects U. S. # 84 to Homerville. Cross Highway # 84 in the same direction of travel with the Smith Road which is now running southeast to a point where the Smith Road would intersect the A. C. L. R. R. northeast 1 and [frac38] miles. Then make a turn at an angle of 110 degrees southeast. Follow this line of travel straight until it intersects the Old Swamp Road. Follow the Old Swamp Road north to the city limits of Waycross, then follow the city limits of Waycross back to beginning point. Section 25-(b). The commissioner of roads and revenues shall provide either a county sanitary system to be operated by the county, making such expenditures in connection with the establishment and operation thereof as the commissioner deems necessary, or the said commissioner shall contract with an independent contractor to collect and dispose of garbage. The full cost of establishing, maintaining and operating any such system,

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or any of the facilities thereof, shall be defrayed by the levying and collecting of a tax or an assessment, or both, on the property owners within such district. Section 25-(c). The commissioner of roads and revenues of Ware County is hereby authorized and directed to regulate the collection and disposition of garbage, trash and refuse in any or all of the five (5) sanitary districts in said county. The commissioner shall make all rules and regulations necessary for the collection and disposition of such garbage and shall regulate and set the fees or charges for the services rendered. Such regulations shall not conflict with any general laws of force in this State. The commissioner may prescribe different charges for different classes of customers such as restaurant businesses, commercial or residential, but such charges or fees shall be uniform per pick-up or per services rendered within each class. Section 25-(d). In order to protect the public health and welfare said commissioner shall prescribe rules and regulations for the disposal and removal of garbage from all businesses, residences, and occupied dwellings, providing when it shall be removed, and to where it should be removed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia, County of Ware: Before the undersigned, a notary public, this day personally came Jack Williams, Jr., who being first duly sworn, according to law, says that he is the editor of the Waycross Journal Herald, the official newspaper and organ of Ware County, Georgia, and the publication of which the annexed is a true copy was published in said paper on Saturday, December 20, 1958, Saturday, December

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27, 1958, and Saturday, January 3, 1959, once each week thereafter for three weeks as provided by law. Jack Williams, Jr. Editor Waycross Journal Herald Sworn to and subscribed to before me this 3 day of January, 1959. Louise Breen Notary Public (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that the County of Ware intends to apply for the passage of local legislation at the 1959 session of the General Assembly of Georgia, convening in January, 1959, so as to authorize the board, consisting of commissioner of roads and revenues in conjunction with the ordinary, and clerk of the superior court of Ware County, Georgia, to provide systems of garbage collection and garbage disposal; to provide for the division of said county into such territorial sanitation districts as said board shall deem advisable; to provide for service charges against residents and businesses served by such garbage collection and garbage disposal facilities; to provide for the compliance with rules and regulations adopted by said board and by the Ware County Board of Health by all residents and businesses in said district; to provide for the issuance of executions for said services; and for other purposes. This 16 day of December, 1958. Ware County, Georgia By Joe Schreiber, Ware County Attorney Approved March 10, 1959.

Page 2745

CITY OF BRUNSWICKCHARTER AMENDED. No. 256 (House Bill No. 318). An Act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers upon its city commission to close portions of certain streets and to retain or dispose of same; to amend sections 3, 4 and 6 of An Act to amend an Act entitled `An Act to consolidate and amend the several Acts incorporating the City of Brunswick, and for other purposes therein mentioned,' approved August 27, 1872, and the several Acts amendatory thereof, and for other purposes, approved August 12, 1914 (Ga. L., 1914, pp. 493, 494 and 495), fixing the time for making tax returns, and for amendment of such returns, and for completion of assessment of personal and real property and the time thereof, and providing for inspection of such assessments, and providing for the city tax assessor's authority to assess unreturned property for taxation, and providing penalty for such nonreturn; and to amend said charter, as amended, so that said city, through its governing authority, may make and collect assessments for any or all sanitary services that may be rendered by said city, and to authorize said city, through its city commission, to provide the manner and method of collecting such assessments; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, to-wit: Section 1. That the commission of said city shall have the right and authority to close the following described streets or any portions thereof in the City of Brunswick, Glynn County, Georgia, as identified and described according to the well known maps and plan of said city, to-wit: (a) Carpenter Street, from the southerly line of Gloucester Street to the northerly line of Monk Street; (b) Triangular portion of unnamed street appearing on the Revised Plat of Goodyear

Page 2746

Park (revised May 29, 1952): made by Smith and Gillespie, recorded in the office of the Clerk of the Superior Court of Glynn County, Georgia, and thereon described as bounded southerly 148.11 feet by property of Hercules Powder Company, westerly 60 feet, more or less, by the easterly line of lot 17 in block S of Goodyear Park, and northerly 130 feet, more or less, by the projection southeasterly of the northerly line of said lot 17; and (c) Those three portions of Johnson Street described as follows: (1) from the southeasterly line of Altama Avenue southerly to the Roswell-King Town Commons Line, and (2) from the southerly line of First Street southerly to the northwesterly line of Altama Avenue; and (3) from the southerly line of Second Street southerly to the northerly line of First Street. Closing of streets. After closing such street or streets, or 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, sell or exchange any portion or portions or all of such closed portion or portions of said streets, for such consideration, with such restrictions and exceptions and reservations, and upon such terms as the commission deems best, at public or private sale, to any person, firm or corporation. If such property shall be sold at public sale, it shall be done in the same manner as provided in the city charter for the sale of other city real property, except that the sale must be by unanimous vote of the commission, with the written concurrence of the city manager. Section 2. That from and after January 1, 1960, sections 3, 4 and 6 of the Act approved August 12, 1914, entitled An Act to amend an act entitled `An act to consolidate and amend the several acts incorporating the City of Brunswick, and for other purposes therein mentioned,' approved August 27, 1872, and the several acts amendatory thereof, and for other purposes, (Ga. L. 1914, pp. 493, 494 and 495), are stricken, and in lieu thereof, the following enacted: Sec. 3. The date of making all tax returns in said

Page 2747

city is hereby changed so as to begin on the first day of January of each year, and all returns now required by law to be made shall be made by the first day of April of each year. All notice now required by law to be given said city for the transfer of all property, shall be given by the first day of March of each year. All real and personal property must be returned in person by the owner or agent, and the return of all real property, when accepted by the city tax assessor, shall remain as the return of such realty from year to year, unless altered or amended. The said city tax assessor shall have the right to amend the return on realty and personalty between the first day of January and the 20th day of March of each year, after notifying the owner or agent thereof of such intention to amend (the notice herein provided shall be deemed to be complete when the same shall have been mailed to the owner or agent of said property). Tax returns assessments, etc. Sec. 4. The city tax assessor shall complete the assessment of all personal and real property by the first day of May of each year, and the assessments thus made shall be open for inspection in the office of the secretary of the city commission from the first day of May to the 20th day of May. Sec. 6. The city tax assessor shall, after the first day of April of each year, proceed to ascertain what personal property has not been returned for taxation, and shall assess the same for taxation from the most authentic source obtainable against the owner; said assessment to be so marked as to indicate that the same was assessed in default of return; and the same shall be taxed in doubly assessed value as a penalty for such non-return. Section 3. Be it further enacted by the authority aforesaid that the charter of the City of Brunswick is hereby amended by adding a new section thereto which shall read: The City of Brunswick, Georgia, through its governing

Page 2748

authority, the commission of said city, shall by ordinances have full power and authority, in addition to all other taxing powers and authority given it under the laws of Georgia and the charter of said city and all amendments thereto, to levy, fix, assess, and collect the tax and/or charge for any or all sanitary services rendered to commercial establishments by or through said city, including the levying, fixing, assessing and collection and disposal; and said city, through its governing authority, shall have full power and authority to enact such ordinances as may be necessary, needed or expedient, to enforce the payment of such taxes or charges, and shall have full power and authority, through said governing authority, to enact ordinances to provide for the manner and method of collecting such taxes and charges. The governing authority shall likewise have authority to classify commercial establishments in such manner as to impose such taxes or charges in accordance with the relative needs and services performed by the city as to such establishments. Sanitary service. Section 4. Be it further enacted that should any clause, portion or section of this act be declared not constitutional or invalid by any court of competent jurisdiction for any reason, it shall not invalidate any other portion thereof, but shall affect only that part so declared to be unconstitutional or invalid. Section 5. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 6. That attached hereto and made a part hereof as required by the Constitution of the State of Georgia, now of force, is the affidavit of the authors of this Act to the effect that the notice of the intention to apply for local legislation, a copy of which is attached to such 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 9, 16 and 23, 1959.

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State of Georgia, County of Fulton. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, William R. Killian and Charles L. Gowen, who having been first duly sworn, on oath each deposes and says that they are the authors of the above and foregoing Act to amend the charter of the City of Brunswick, Georgia; that the notice of intention to seek local legislation, copy of which is attached below this affidavit, was published in The Brunswick News, the newspaper in which are published sheriff's advertisements for Glynn County, Georgia, (in which county lies the City of Brunswick), in the issues of January 9, 16 and 23, 1959; and that this affidavit is made by the undersigned as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia, ratified August 7, 1945, as amended, and ratified at the general election held November 4, 1952. Chas. L. Gowen William R. Killian Sworn to and subscribed before me on this 2 day of Feb., 1959. Janette Hirsch Notary Public, Georgia, State at Large My Commission Expires October 4, 1960. (Seal). Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia at the 1959 session convening January 12, 1959, a local bill entitled An Act entitled an act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers upon its city commission to close portions of certain streets and to retain or depose of same; to amend sections 3, 4 and 6 of `An Act to amend an act entitled An Act to consolidate and amend the several acts incorporating the City of Brunswick, and for other purposes therein mentioned,

Page 2750

approved August 27, 1872 and the several Acts amendatory thereof, and for other purposes,' approved August 12, 1914 (Ga. L., 1914, pp. 493, 494 and 495), fixing the time for making tax returns, and for amendment of such returns, and for the completion of assessment of personal and real property and the time thereof, and providing for inspection of such assessments, and providing for the city tax assessors' authority to assess unreturned property for taxation, and providing penalty for such nonreturn; and to amend said charter, as amended, so that said city, through its governing authority, may make and collect assessments for any or all sanitary services that may be rendered by said city, and to authorize said city, through its city commission, to provide the manner and method of collecting such assessment; and for other purposes. This January 6, 1959. Approved March 10, 1959. CITY OF FORT VALLEYCHARTER AMENDED. No. 257 (House Bill No. 337). An Act to amend an act creating a charter for the City of Fort Valley approved August 27, 1907, and all acts amendatory thereto; and to provide for the establishment of a parks and cemetery commission and an industrial commission and to authorize the City of Fort Valley to establish a planning commission. 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; Section 1. That there shall be a parks and cemetery commission for the City of Fort Valley to consist of three members, one of which said member shall be a member of council of the City of Fort Valley and shall be elected

Page 2751

by vote of the council and appointed by the mayor, whose term of office shall run until the expiration of his present term as a member of council of the City of Fort Valley, and who shall be eligible for reappointment to this body during such term as said member is a member of council of the City of Fort Valley. Parks and cemetery commission. One member of the parks and cemetery commission shall be elected by the utilities commission of the City of Fort Valley from among its members, and said member shall serve during the term of his office as a member of the utilities commission of Fort Valley and may be re-elected thereafter, provided said member is re-elected to the utilities commission. The foregoing two members shall serve without pay. The third member of said commission shall be elected to said commission by the Federated Garden Clubs of the City of Fort Valley, and their successors, annually, and the term of this member shall continue for one year from the date of his or her selection and until such time as his or her successor is duly qualified. The member of the parks and cemtery commission selected by the Federated Garden Clubs of Fort Valley shall be paid an annual remuneration equal to the remuneration paid to members of Council of the City of Fort Valley. It shall be the duty of said parks and cemetery commission to supervise the maintenance and development of all cemeteries and parks and recreational areas within the City of Fort Valley. Funds necessary to obtain the objectives of the parks and cemetery commission shall be appropriated annually by the mayor and council in their annual budget. In addition to the foregoing duties, it shall be the general purpose of said commission to promote beautification of the city in general, and to do those things not contrary to the laws of this State which will result in a more attractive community, including the planting of trees, shrubs and flowers on property belonging to the city. Section 2. There shall be established by the mayor

Page 2752

and council of the City of Fort Valley a commission to be known as the Fort Valley Industrial Commission, said Commission shall consist of twelve members who shall serve without remuneration and who shall be appointed by the mayor. Each of said commissioners shall serve for a term of five years, except that at the inception three members shall serve two years, three members shall serve three years, three members shall serve four years and three members shall serve five years. The said members shall be eligible for reappointment at the expiration of their respective terms. The officers of said commission shall be a chairman, a vice-chairman and the secretary and treasurer. These three officers, together with two other members shall constitute the board of directors of said commission. The officers and members of the board of directors shall be elected annually and shall be eligible to succeed themselves, and they shall be elected by the members of the commission. Vacancies among the commission shall be filled by the same manner as the initial appointments. The five members of the board of directors, or a majority of same, shall constitute a quorum with authority to act and transact business. Fort Valley Industrial Commission. It shall be the duties and purpose of this commission to do all things not contrary to the laws of the State of Georgia to promote the industrial development of the community. Said commission shall have the authority to accept donations, gifts and grants for the purpose of carrying out its objectives. Section 3. From and after the date of the passage and approval of this act, the City of Fort Valley is authorized to establish a planning commission in accordance with the general enabling legislation passed by the General Assembly of Georgia and as set out in the Acts of 1957 and as such legislation may be amended, and to do all things to accomplish zoning and planning for the city in accordance with the provisions of said Act. Planning commission. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced

Page 2753

at the January, 1959, session of the General Assembly of Georgia, a bill to provide for a zoning and planning commission of the City of Fort Valley; to provide for a parks and cemetery commission of the City of Fort Valley; and to provide for an industry commission of the City of Fort Valley. This December 9, 1958. The Mayor and City Council of Fort Valley. Georgia, Peach County. I, D. K. Grahl, do hereby certify that I am the editor of the Leader-Tribune in Fort Valley, Georgia, said newspaper being the newspaper in which sheriff's advertisements for the City of Fort Valley are published and that the notice hereto attached concerning the application for an Act to amend the charter of the City of Fort Valley was published in the issues of December 11th, 18th and 25th, 1958, of the Leader Tribune. D. K. Grahl Sworn to and subscribed before me this 31 day of January, 1959. Joseph D. Willis Notary Public, Georgia, State at Large. My Commission expires Oct. 28, 1961. (Seal). Approved March 10, 1959.

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TELFAIR COUNTYCOMPENSATION OF CLERK OF TAX COMMISSIONER. No. 258 (House Bill No. 343). An Act to amend an Act creating the office of the Telfair County Tax Commissioner approved December 29, 1937 (Ga. L. 1937-38 Ex. Sess., p. 892); as amended particularly by an Act approved February 12, 1945 (Ga. L. 1945, p. 630); an Act approved February 5, 1952 (Ga. L. 1952, p. 2049); an Act approved February 23, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2527); and an Act approved March 3, 1955 (Ga. L. 1955, p. 2542), so as to provide for the compensation of the clerk of the tax commissioner of Telfair County; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of the Telfair County Tax Commissioner approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 892); as amended particularly by an Act approved February 12, 1945 (Ga. L. 1945, p. 630); an Act approved February 5, 1952 (Ga. L. 1952, p. 2049); an Act approved February 23, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2527); and an Act approved March 3, 1955 (Ga. L. 1955, p. 2542), is hereby amended by striking section 6 of said Act in its entirety as amended and inserting in lieu thereof a new section 6, so that section 6 of said Act as amended shall read as follows: Section 6. Be it further enacted by the authority aforesaid that the said Telfair County Tax Commissioner shall receive and be paid, as full compensation for all duties performed by him as receiver and collector of State, county, school district, and any and all other taxes, including professional, poll and special taxes as well as costs for issuing tax fi. fas., a fixed salary of fifty-four hundred ($5,400.00) dollars per year, the same to be paid by the commissioner of roads and revenues of said county from the funds in the county treasury,

Page 2755

in installments and at the rate of four hundred fifty ($450.00) dollars per month. Provided, however, that the commissioner of Telfair County or other person having charge of affairs of Telfair County is hereby authorized to pay from the funds of said county a sum not to exceed two hundred fifty ($250.00) dollars per month for a clerk or assistant to said tax commissioner of Telfair County, who may be appointed or employed by the tax commissioner. Said salary for the said clerk or assistant shall be paid at such time as the commissioner of roads and revenues of said county may desire and fix. 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, Wimbric Walker, who, on oath, deposes and says that he is representative from Telfair County, and that the attached copy of notice of intention to introduce local legislation was published in the Telfair Enterprise, which is the official organ of said county, on the following dates: Dec. 11, 18 and 25th, 1958. Wimbric Walker Representative, Telfair County Georgia, Telfair County. Notice is hereby given that I shall introduce, at the next session of the General Assembly of Georgia, a local bill affecting Telfair County as follows to-wit: A bill to provide for clerical help in the office of tax commissioner of Telfair County; to provide for compensation for such services; to provide the duties of such clerical help; to provide for the compensation to be paid the tax commissioner of said county, and for other purposes.

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This 9th day of December, 1958. Wimbric Walker, Representative, Telfair County, Georgia. Sworn to and subscribed before me this 3rd day of February, 1959. Adele Keyes Notary Public. My Commission expires March 27, 1962. (Seal). Approved March 10, 1959. TELFAIR COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES; CLERICAL HELP IN COUNTY OFFICES. No. 259 (House Bill No. 344). An Act to amend an Act creating the office of commissioner of roads and revenues in and for the County of Telfair, approved August 27, 1931 (Ga. L. 1931, p. 566); as amended particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 776); and an Act approved February 23, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2525); so as to provide for compensation for the commissioner of said county; to provide for employment of certain employees; to repeal all 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 and for the County of Telfair approved August 27, 1931 (Ga. L. 1931, p. 566); as amended particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 776); and an Act approved

Page 2757

February 23, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2525), is hereby amended by striking section 6 of said Act in its entirety and inserting a new section 6 so that section 6 of said Act as amended shall read as follows: Section 6. Said commissioner shall be required to give and devote his entire time, or so much thereof as may be necessary, to the business and interest of said County of Telfair in the performance and discharge of his duties, and to receive as compensation for his time and to recover the expenses incurred by him, for traveling in or out of said county, owning and/or operating an automobile in the discharge of his duties; the cost of fuel and upkeep thereof and any and all other pay, reimbursement for expenses, emoluments or perquisites whatsoever the sum of seven thousand two hundred ($7,200.00) dollars per year, the same to be paid from the treasury of said county in installments and at the rate of six hundred ($600.00) dollars per month. Section 2. Said Act is further amended by adding a new section to said Act to be known as section 15 A, which shall read as follows: Section 15 A. That from and after the passage of this Act, the commissioner of roads and revenues of Telfair County, Georgia, is hereby authorized to employ additional or supplemental employees for clerical or other work, in addition to such employees as is now provided by law, in the office of the commissioner of roads and revenues, the office of tax commissioner, the office of superintendent of schools, the office of ordinary, the office of clerk of superior court and the office of sheriff of said county, at his discretion, and at such salary or salaries as may be fixed by said commissioner of roads and revenues of Telfair County, who shall have authority to dispense with such service at his pleasure. The compensation to be paid said employee or employees in either or all of said offices to be paid by said commissioner from the general funds of said county. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wimbric Walker, who, on oath, deposes and says that he is representative from Telfair County, and that the attached copy of notice of intention to introduce local legislation was published in the Telfair Enterprise, which is the official organ of said county, on the following dates: Dec. 11, 18 and 25th, 1958. Wimbric Walker, Representative, Telfair County. Georgia, Telfair County. Notice is hereby given that I shall introduce, at the next session of the General Assembly of Georgia, a local bill affecting Telfair County as follows to-wit: A bill to provide for the compensation to be paid the commissioner of roads and revenues of said county; to provide for clerical assistance in said office, and the compensation to be paid for such services and for other purposes. This 9th day of December, 1958. Wimbric Walker Representative, Telfair County, Georgia Sworn to and subscribed before me this 3rd day of February, 1959. Adele Keyes Notary Public My Commission expires March 27, 1962. (Seal). Approved March 10, 1959.

Page 2759

CITY OF FORSYTHAUTHORITY TO CLOSE STREET. No. 260 (House Bill No. 348). An Act to amend the charter of the City of Forsyth; to provide the mayor and aldermen of the City of Forsyth with the authority to close Johnson Lane between Juliette Road and the new interstate right of way; to provide the mayor and aldermen with the authority to sell and convey by fee simple deed to the abutting property owners of said streets; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The charter of the City of Forsyth is hereby amended so that the mayor and aldermen of the said city are given the power and authority to close that portion of Johnson Lane in the City of Forsyth that extends between Juliette Road and the new interstate right of way. Section 2. Said charter is further amended so that the mayor and aldermen for the City of Forsyth are given the power and authority to sell and convey by fee simple deed to the owners of abutting property that portion of Johnson Lane as described in section 1. Said deeds conveyed pursuant to the provisions of this Act shall vest in the respective grantees full fee simple title unencumbered by any rights of the public for use, for public street purposes, the property conveyed. The consideration flowing to the city for any conveyance by the city, pursuant to the provisions of this Act, shall be either monetary or by exchange of properties between the city and the respective grantees. 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 application will be made

Page 2760

at the session of the General Assembly which convenes in January, 1959 for the passage of a bill amending the city charter of the City of Forsyth so as to give the mayor and aldermen of the City of Forsyth the authority to close a certain street in said City of Forsyth known as Johnson Lane running between the Juliette Road and the new Interstate right of way and also the authority to sell and convey by fee simple deed to the abutting property owners the street so closed; and for other purposes. This December 20, 1958. /s/ William B. Freeman Representative, Monroe County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William B. Freeman, who, on oath, deposes and says that he is representative from Monroe County, and that the attached copy of notice of intention to introduce local legislation was published in the Monroe Advertiser, which is the official organ of said county, on the following dates: January 1, January 8 and January 15, 1959. William B. Freeman, Representative, Monroe County. Sworn to and subscribed before me this 4th day of Feb., 1959. John T. Ferguson Notary Public My Commission expires Oct. 10, 1961. (Seal). Approved March 10, 1959.

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AUGUSTA PORTS AUTHORITYCREATED. No. 261 (House Bill No. 354). An Act creating the Augusta Ports Authority; conferring and granting powers and imposing duties; authorizing the execution of leases and agreements and the hypothecation and mortgaging of its properties; authorizing the Authority to sue and in certain instances to be sued; authorizing the issuance of revenue anticipation bonds and certificates upon certain conditions; making the bonds and certificates of the authority legal investments; fixing the lien status of special funds of the Authority; declaring the Authority to be a department and instrumentality of the State; exempting the property, income and bonds thereof from taxation; 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 the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Augusta Port Authority. There is hereby created a body corporate and politic in Richmond County to be known as the Augusta Port Authority. Section 2. Definitions. As used in this Act, the following words and terms shall have the following meaning: (a) The word Authority shall mean the Augusta Port Authority created by Section 1 of this Act. (b) The word project shall be deemed to mean and include the acquisition of lands, properties and improvements by purchase, lease or otherwise for industrial or manufacturing use, expansion and development, wharves, docks, terminals, ships, ferries, piers, quays, elevators, compresses, refrigeration storage plants, warehouses,

Page 2762

buildings and facilities to be used in the manufacturing, processing, assembling, storing or handling of any agricultural or manufactured produce or produce of mining or industry, if the use and operation thereof will in the judgment of the Authority result in the increased use of the port facilities of the Port of Augusta. Any project may include other structures and any and all facilities needful for the convenient use of the same in the aid of commerce, including the dredging of approaches thereto, and the construction of belt line railroads, railroad sidings, roads, highways, bridges and causeways necessary or useful in connection therewith, and shipping facilities and transportation facilities incident thereto and useful or convenient for the use thereof, including terminal railroads, and also airports, seaplane bases, air transportation terminals, and truck terminals. There may be included as a part of any project any public utility facilities necessary or desirable to supply public utility services to other parts of such project or to the users of any of the facilities of the Authority which public utility facilities may include, but without limitation, facilities for the supplying of electricity, gas and water and for the collection and disposal of storm and sanitary sewage. There may be included as part of any project all appurtenances, equipment and machinery of every kind and nature necessary or desirable for the full utilization of the project. (c) The term cost of the project shall embrace the cost of construction and 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, fiscal agents 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

Page 2763

of property necessary for such construction and operation. (d) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of constructing, maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project. Any buildings or facilities acquired by the Authority hereunder which are to be utilized in the manufacturing, processing, assembling, storing or handling of any agricultural or manufactured produce or produce of mine or industry, which may be acquired by the Authority for operation by a corporation, entity or persons other than the Authority, as distinguished from facilities acquired by the Authority for operation by it as a part and allied facilities for the direct use of the public, shall be acquired and financed hereunder only if prior to the issuance of bonds therefor the Authority shall have entered into a lease or leases thereof or an agreement or agreements for the sale thereof pursuant to the terms of which the lessees or purchasers shall pay to the Authority such rentals or installment purchase payments, or both, as upon the basis of determinations and findings to be made by the Authority, will be fully sufficient to pay principal of and interest on the bonds issued for the financing thereof, to build up and maintain any reserves deemed by the Authority to be advisable in connection therewith, and to pay the cost of maintaining the buildings and facilities in good repair and keeping them propertly insured, unless the leases or agreements obligate the lessees or purchasers to pay for such insurance or maintenance. The Authority is given full power and discretion to enter into any such agreements or leases as may in its judgment be desirable for the best interests of the Authority. Any such agreement or lease may provide that any surplus capacity of the buildings or facilities which are the subject matter thereof may be utilized by and for the benefit of the general public, in which event such surplus capacity may be maintained or operated, or both, by either the

Page 2764

Authority or by the lessee or purchaser under the lease or agreement, or in part by each, all as may be provided in the lease or agreement. Any project may include in part one or more buildings or facilities or combinations thereof to be leased or sold as provided in this paragraph and in part other facilities described in subsection (b) of this section, the revenues of the whole being allocated and pledged to the financing of the project as a whole, and in such event the requirements of this paragraph applicable to buildings or facilities to be leased or sold, shall be applicable only to the part of the project which consists of the buildings or facilities to be so leased or sold. (e) The term port shall include any place, natural or artificial, in Richmond County in which watergoing vessels may be sheltered or loaded or unloaded. (f) The term harbor shall include any place, natural or artificial, in Richmond County in which vessels capable of moving articles of commerce by waterborne vessels may be loaded, unloaded or accommodated. Section 3. Membership. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be elected by a majority of The City Council of the City of Augusta. The first members shall be elected for terms of one, two, three, four and five years, and thereafter their successors shall be elected to serve a term of five years. Vacancies shall be filled for the unexpired term by The City Council of Augusta. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member shall be a member of The City Council of Augusta, but there shall be no other disqualification to hold public office by reason of membership in the Authority. Section 4. Powers. The powers of the Authority shall include but not be limited to, the power:

Page 2765

(1) To buy, acquire, hold, develop, improve, own, operate, maintain, sell, dispose of, lease, as lessor or lessee, and mortgage land, buildings, real and personal property including stock of other corporations. (2) To receive and administer gifts, grants and donations and to administer trusts. (3) To grant, loan and lease any of its funds and property to private persons and corporations promising to develop port facilities or utilize water transportation on the Savannah River within Richmond County or originating or terminating therein which in the judgement of the Authority will be of benefit to the people of The City of Augusta or Richmond County. The provisions of this clause shall not be construed to limit any other power of the Authority. (4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor. (5) To contract with The City of Augusta, Richmond County and other political subdivisions and with private persons and corporations and to sue in its corporate name; (6) To have and exercise the usual powers of public and private corporations performing similar functions which are not in conflict with the Constitution and laws of this State, including the power to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority. (7) To encourage and promote the expansion of port and harbor development facilities and water transportation

Page 2766

on the Savannah River, trade and commerce in Richmond County, and to make long range plans therefor; (8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. (9) To designate officers to sign and act for the Authority generally or in any specific matter. (10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority expressly conferred by this Act. (11) 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 and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, excepting such property, liens, easements and franchises used or owned by publie service corporations, 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 or pay for any property so acquired except from the funds provided by authority of this Act. Any proceedings for condemnation shall be instituted in the same manner and under the same provisions of law governing condemnation of property for public use as that exercised by counties and municipalities of this State. If the Authority shall deem it expedient to construct any project on lands, the title to which shall then be in the County of Richmond or The City Council of Augusta, the governing authorities of Richmond County and of The City Council of Augusta are authorized in their discretion, to convey title to such lands to the Authority.

Page 2767

(12) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals of projects or sale of projects, or contracts with respect to the use of projects which it causes to be erected or acquired. And the County of Richmond and The City Council of Augusta are hereby authorized to enter into leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable. (13) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage self-liquidating projects to be located on property owned or leased by the Authority, the cost of the project to be paid from the proceeds of revenue-anticipation certificates of the Authority and from any grant from the United States of America, State of Georgia, County of Richmond, The City Council of Augusta, or from any contribution by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept. (14) To provide by resolution, when concurred in by The City Council of Augusta for the issuance and sale of negotiable revenue anticipation certificates, for the purpose of paying all or any part of the cost of 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 revenue of certain designated projects; or (3) from revenues of the Authority generally. Any such certificates

Page 2768

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. A. 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 Council of Augusta, the County of Richmond, 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. B. Certificates of the Authority 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

Page 2769

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. At 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. C. Certificates of the Authority shall be authorized by its resolution when concurred in by the City Council of Augusta 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. D. 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

Page 2770

property or provide 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 be a bank or trust company authorized to exercise trust powers, may take possession and use, operate and manager 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. E. It is hereby found, determined and declared that the Authority herein created constitutes a department and instrumentality of the State of Georgia, that the carrying out of the purposes of this Act and the powers and duties imposed in the Authority will constitute the performance of an essential governmental function of the State, will promote the natural resources of the State, and will benefit the inhabitants of the State, and accordingly it is provided and the State covenants with the holders from time to time of the bonds issued hereunder that: (1) the Authority shall be required to pay no taxes or assessments imposed by the State or any of its political subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction,

Page 2771

control, possession or supervision, or upon its activities in the operation or maintenance of any such properties, or on any income derived by the Authority from such facilities or otherwise, and (2) that the bonds of the Authority, their transfer and the income therefrom shall always be exempted from taxation within the State. F. 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 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. G. 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

Page 2772

payment of current annual maturities and reserves thereof. Section 5. Notice to Georgia Ports Authority. The Authority shall not undertake any project for the construction or acquisition of any wharves, docks, piers, quays or similar structures for public use along or over that portion of the waters of the Savannah River which are under the jurisdiction of the Georgia Ports Authority without first notifying the Georgia Ports Authority; and the Georgia Ports Authority shall have the right of refusing to approve such project, and may require, as a pre-requisite to its consideration and approval, the submission to it by the Authority of an analysis, in such form as it may prescribe of said project. If the Georgia Ports Authority shall disapprove any such project, after such analysis has been submitted and considered by it, the Authority is prohibited from proceeding therewith. Section 6. All laws or parts of laws in conflict herewith are hereby repealed. Section 7. 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. /s/ J. B. Fuqua /s/ William M. Fleming, Jr. /s/ C. W. Edwards, Sr. Members House of Representatives, Richmond County, Georgia Affidavit of Publication. Attorney or Agency: Fulcher, Fulcher, Hagler Harper, Business, Attorneys-At-Law. State of Georgia, Richmond County. Personally appeared, Marie LeRoy, who being duly sworn says that she is an officer of Southeastern Newspapers,

Page 2773

Inc., publishers of The Augusta Herald a daily newspaper in Augusta, in said State and County, and that the advertisement Notice of Legislation duly appeared in said newspaper on the following dates to wit: January 15-22-29, 1959. Marie LeRoy, Secty. Notice of Legislation. Notice is hereby given that the following legislation will be introduced at the 1959 Session of the General Assembly of Georgia: An Act creating the Augusta Port Authority; conferring and granting powers and imposing duties; authorizing the execution of leases and agreements and the hypothecation and mortgaging of its properties; authorizing the Authority to sue and in certain instances to be sued; authorizing the issuance of revenue anticipation bonds and certificates upon certain conditions; making the bonds and certificates of the Authority legal investments; fixing the lien status of special funds of the Authority; declaring the Authority to be a department and instrumentality of the State; exempting the property, income and bonds thereof from taxation; 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. This 12th day of January, 1959. E. D. Fulcher, City Attorney, The City Council of Augusta. Sworn to and subscribed before me this 2nd day of February, 1959. Kate Broadwater Notary Public, Richmond County, Ga. (Seal). Approved March 10, 1959.

Page 2774

CITY OF AUGUSTACHARTER AMENDED. No. 263 (House Bill No. 367). An Act to amend the charter of the City of Augusta, incorporated as The City Council of Augusta (Ga. L. 1798) as amended by the various amendatory Acts thereof, and especially as amended by Act of the General Assembly approved February 8, 1955 (Ga. L., 1955, pp. 2120-2139), so as to provide for the payment of entrance fees by candidates for the office of mayor and for membership in council; to provide, prescribe, and regualte the method of voting by those absent or physically disabled; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. The 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 amendatory Acts thereof, and especially as amended by Act of the General Assembly approved February 8, 1955 (Ga. L., 1955, pp. 2120-2139), is further amended as follows: (a) By adding to paragraph eleven (11) of section 1 of said Act approved February 8, 1955 (Ga. L. 1955, pp. 2120-2139) entitled Notification of candidacy for mayor or council, the following additional provision: Upon the filing of a copy of said notification with the clerk of council of The City Council of Augusta, each candidate for the office of mayor shall pay an entrance fee of three hundred dollars ($300.00), and each candidate for membership in the city council shall pay an entrance fee of one hundred dollars ($100.00). Such entrance fees shall not be refunded, even in the event of the withdrawal of the candidate, but shall be used for the purpose of partially defraying the cost of holding the election. Entrance fees of candidates for mayor or councilman.

Page 2775

so that said paragraph when amended shall read as follows: Notification of candidacy for mayor or council. Every person hereafter intending to become a candidate for the office of mayor of the City of Augusta or for membership in the city council of said city, whichever the case may be at any regular or special city election, shall either by themselves or by the proper authorities of the party nominating them, file notice of their candidacy with the mayor or mayor pro tempore of the City of Augusta, at the same time filing a copy of said notification of their candidacy with the clerk of council of The City Council of Augusta, at least fifteen days but not more than thirty-five days before said election. Said declaration or notification of such intention, which shall state the position, and in the case of the candidacy being for membership in the city council, the ward in which said candidate is offering for election and anyone filing such declaration shall do so during the office hours of the city offices prescribed by the ordinances of The City Council of Augusta. A written acknowledgment of the receipt of such declaration from said clerk or his deputy shall always be evidence of its filing. Upon the filing of a copy of said notification with the clerk of council of The City Council of Augusta, each candidate for the office of mayor shall pay an entrance fee of three hundred dollars ($300.00) and each candidate for membership in the city council shall pay an entrance fee of one hundred dollars ($100.00). Such entrance fees shall not be refunded, even in the event of the withdrawal of the candidate, but shall be used for the purpose of partially defraying the cost of holding the election. (b) By striking paragraph thirty-three (33) entitled Absentee ballots and sub-paragraph numbered (1) through (4), inclusive, and inserting in lieu thereof the following: Absentee ballots. (1) Authorized; Application; Delivery by mail. Any registered and qualified voter when required to be absent from the City of Augusta, or who,

Page 2776

because of physical disability, will be unable to vote in person, may vote by mail: Provided that he or some member of his immediate family shall apply for a ballot in writing to the clerk of The City Council of Augusta not less than twenty-four hours, nor more than forty-five days, prior to the election in which he may desire to participate. (2) Certifying applicants who are qualified voters; mailing ballots; enclosures with ballots. The said clerk, upon receipt of the application for ballot, shall satisfy himself that the applicant is duly qualified to vote in the election for which application to vote is made and if found eligible shall make out the certificate in duplicate, file the copy thereof in his office and attach the original and coupon as hereinafter provided and forward the same by United States Mail to the applicant or deliver the same to the applicant or the member of his immediate family who applied in person for the ballot and shall also attach: (a) An envelope containing the folded ballot sealed and marked Ballot Within. (b) An envelope for resealing the marked ballot, the form of which is hereinafter provided and called voucher. (c) A properly addressed envelope for the return of said ballot. (d) A printed slip giving full instructions regarding the manner of marking the ballot in order that the same may be counted and the manner of preparing and returning the same, which printed slip shall be provided by the mayor of the City of Augusta. The certificate of registration shall be printed and worded as follows: This is to certify that_____ is a qualified voters of the _____ Ward of the City of Augusta,

Page 2777

Georgia and entitled to vote in the election to be held on _____. Application for ballot received_____from _____ (Members of immediate family) or (by United States mail) and _____ (mailed) or (delivered) to _____ on _____. A copy of this certificate is filed with the letter of application. No._____. (Signed)_____ Clerk of The City Council of Augusta (3) Method of marking ballot. Upon receipt, the voter shall open the sealed envelope marked Ballot Within in the presence of an officer qualified under the law to attest deeds and shall then and there mark the ballot and replace the same within the envelope in the presence of the officer aforesaid who shall witness the same in writing as hereinafter provided. The envelope with the coupon hereinafter described shall be enclosed within the envelope directed to the said clerk and the registration date of the same shall be the same as that of the coupon enclosed if returned by mail; if returned by the voter or the member of his immediate family to whom the ballot was delivered, the same shall be returned to the clerk on the same date as that of the coupon enclosed. (4) Return of marked ballot; blanks to be filled out and returned with ballot. The voters, after marking and replacing the ballot, shall seal and sign the voucher, the officer aforesaid signing as a witness to said voucher. The voucher shall be on the back of the return envelope containing; the marked ballot and shall be as follows: This is to certify that the enclosed ballot was received by me from the clerk of The City Council of

Page 2778

Augusta. The envelope marked Ballot Within was opened by me in the presence of_____ (the officer qualified under the laws to attest deeds), marked while in his presence, without assistance or knowledge on the part of anyone as to the manner in which the same was prepared, and then and there sealed as provided by law. (Signed)_____ Witness_____ Date_____ If the voter, because of physical disability, received assistance, the person who served as witness may fill in the blanks and sign for the voter, making a notation of the reason for such act. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Section 4. 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. /s/ J. B. Fuqua /s/ C. W. Edwards, Sr. /s/ William M. Fleming, Jr. Members House of Represenatatives, Richmond County, Georgia. Affidavit of Publication. Attorney or Agency: Fulcher, Fulcher, Hagler Harper. Business: Attorneys-At-Law. 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

Page 2779

that the advertisement notice of local legislation duly appeared in said newspaper on the following dates to wit: January 15-22-29, 1959. Marie LeRoy, Secty. Notice of Local Legislation. Notice is hereby given that the following local legislation will be introduced at the 1959 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, incorporated as The City Council of Augusta (Ga. L. 1789) as amended by the various amendatory Acts thereof, and especially as amended by Act of the General Assembly approved February 8, 1955 (Ga. L. 1955, pp. 2120-2139), so as to provide for the payment of entrance fees by candidates for the office of mayor and for membership in council; to provide, prescribe, and regulate the method of voting by those absent or physically disabled; and for other purposes. This 12th day of January, 1959. E. D. Fulcher, City Attorney The City Council of Augusta. Sworn to and subscribed before me this 2nd day of February, 1959. Katie Broadwater Notary Public, Richmond County, Ga. My Commission expires July 13, 1959. (Seal). Approved March 10, 1959.

Page 2780

TOWN OF OXFORDSALARY OF MAYOR AND COUNCILMENREFERENDUM. No. 264 (House Bill No. 371). An Act to amend an Act entitled An Act to create a new charter for the Town of Oxford, to revise, consolidate and amend the several Acts pertaining thereto, and for other purposes, approved August 12, 1914 (Ga. L. 1914, p. 1108), as amended by an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2037), so as to provide for the compensation of the mayor and councilmen; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a new charter for the Town of Oxford, to revise, consolidate and amend the several Acts pertaining thereto, and for other purposes, approved August 12, 1914 (Ga. L. 1914, p. 1108), as amended, by an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2037), is hereby amended by striking section 3 of said Act in its entirety and inserting in lieu thereof the following: Section 3. The government of said town shall be vested in a mayor and six councilmen, three of whom shall constitute a quorum. For his services to said town, the mayor shall receive compensation in the sum of two hundred ($200.00) dollars per year and each of the six councilmen shall receive the sum of one hundred ($100.00) dollars per year. Salaries. Section 2. This Act shall become effective only after a majority of the duly qualified electors of the Town of Oxford, voting in an election as hereinafter provided for, shall vote for payment to the mayor of two hundred ($200.00) dollars per year and to each councilman one hundred ($100.00) dollars per year. The mayor and council shall provide for an election to be conducted

Page 2781

as elections are now conducted and the returns 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 payment of salaries. The clerk shall certify the results of said election to the Secretary of State. The election shall be held on the 1st day of May, 1959, and two (2) weeks' publication and notice of the date of said election shall be given in three public places in said town prior to said date. On the issue submitted to the voters of said town aforesaid, the ballots shall be marked For payment to the Mayor of two hundred ($200.00) dollars per year and to each Councilman one hundred ($100.00) dollars per year and Against payment to the Mayor of two hundred ($200.00) dollars per year and to each Councilman one hundred ($100.00) dollars per year. If a majority of those voting vote against payment, this Act shall be void; if a majority of those voting vote for payment, then this Act shall be of force and effect. Referendum. Section 3. If approved in the above election, this Act shall be effective on and after January 1, 1961. 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 that there will be introduced at the January 1959 session of the General Assembly of Georgia, a bill to amend the charter of the Town of Oxford so as to compensate the members of the council and the mayor; and for other purposes. This 6 day of January, 1959. W. D. Ballard Representative, Newton County Georgia, Fulton County. Personally appeared before me, the undersigned authority

Page 2782

duly authorized to administer oaths, W. D. Ballard, who, on oath, deposes and says that he is representative from Newton County, and that the attached copy of notice of intention to introduce local legislation was published in The Covington News, which is the official organ of said county, on the following dates: January 15, 22, and 29, 1959. W. D. Ballard, Representative, Newton County. Sworn to and subscribed before me this 4 day of February, 1959. Frank H. Edwards Notary Public, Georgia, State at Large. My Commission expires October 14, 1960. (Seal). Approved March 10, 1959. CITY OF CARTERSVILLECORPORATE LIMITS, REFERENDUM. No. 268 (House Bill No. 407). 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), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2283), so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Cartersville, approved February 8, 1937 (Ga. L. 1937, p. 1532), as amended particularly by an Act approved

Page 2783

February 11, (Ga. L. 1957, p. 2048), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2283), is hereby amended by adding to the end of section 2 A thereof the following: In addition to the corporate limits described in section 2 and heretofore in this section, the City of Cartersville shall also include the following: Tract Number IAll that certain tract or parcel of land situated, lying and being in the 4th district and 3rd section of the County of Bartow, State of Georgia, and lying within the following boundaries, to-wit: Being all or parts of land lots 235, 236, 237, 238, 239, 240, 241, 264, 265, 266, 267, 268, 269, 270, 307, 308, 309, 310, 311, 312, 313, 336, 337, 339, 340, and 341; 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 at the intersection of the west right of way of U. S. Highway Number 41, and 441 with said presently established city limits; thence running along the west right of way of said highway in a northerly direction for a distance of 4561.55 feet to the point of intersection of said west right of way with the north land lot line of land lot 241, said point of intersection being 153 feet east of the common north east-west land lot corner of land lots 240 and 241 on said land lot line; and designated by an iron pipe; thence running south 89 degrees 56 minutes west 6817.78 feet to the center of Pettits Crek, at its intersection with the north land lot line of land lot number 235; thence running in a southerly direction following the center of Pettits Creek 3900 feet, more or less, to a point formed by its intersection with the south right of way of the Western and Alabama Railroad and the presently established city limits; thence running along the south right of way of said Western and Alabama Railroad and the present city limits for a distance of 2559.4 feet, more or less, to the city limits as established by Georgia Law 1937, page 1532, et seq.; thence running back in an easterly direction for a distance of 6097 feet, more or less, on the city limits established by Georgia Law 1937,

Page 2784

page 1532, et seq., to its intersection with the right of way of U. S. Highway 41 and 441, the same being the point of beginning and comprising 669.70 acres, or 1.046 square miles. Corporate limits. Tract Number I, herein described, is more fully detailed on a plat of the above described land prepared by White and Camp, Engineering and Surveying, LaGrange, Georgia, dated December 12, 1958, and recorded in plat book three (3), page 116 of the clerk's records, Bartow County, Georgia, the same being incorporated herein by reference thereto as if fully set out herein. Section 2. Not less than twenty (20) 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 mayor and aldermen of Cartersville to issue the call for an election for the purpose of submitting this Act to the voters of the within proposed territory to be annexed for approval or rejection. The mayor and aldermen shall set the date of such election for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call. The mayor and aldermen shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Cartersville. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act to extend the limits of the City of Cartersville. Against approval of the Act to extend the limits of the City of Cartersville. 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 less than a majority of the votes cast on such question are for approval of the Act, it shall be void and

Page 2785

of no force and effect. The expense of such election shall be borne by the City of Cartersville. It shall be the duty of the mayor and aldermen 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 aldermen 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 3. 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 the following local legislation will be introduced at the January, 1959 session of the General Assembly of Georgia: An Act to amend the charter of the City of Cartersville and the several amendatory Acts thereof, so as to extend the corporate limits of said city beyond the limits as now defined; to repeal conflicting laws; and for other purposes. This 23rd day of December, 1958. Robert E. Gibbons, Clerk of City of Cartersville, Georgia. 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 Tribune News Publishing Company, which is the official organ of said county, on the

Page 2786

following dates: December 25, 1958, January 1, 1959, January 8, 1959. W. H. Bradley, Representative, Bartow County. Sworn to and subscribed before me this 5th day of February, 1959. Amelia Smith Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 10, 1959. CITY OF ADAIRSVILLECHARTER AMENDED. No. 269 (House Bill No. 408). An Act to amend an Act incorporating the Town of Adairsville approved August 27, 1872 (Ga. L. 1872, p. 121), as amended, so as to provide that said city may contract with other municipalities or governmental bodies to furnish public utility service; to provide for the maintenance and establishment of utility systems in said city, and the collection of charges and the procedures in connection therewith; to authorize said city to contract debts and issue bonds; to provide that the board of aldermen of said city may close or abolish any street, road, sidewalk, or any public area in said city; to provide for condemnation of property; to provide for supervision of buildings and facilities within 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 Town of Adairsville approved August 27, 1872 (Ga. L. 1872, p. 121),

Page 2787

as amended, is hereby amended by adding new sections following Section 8 thereof, to be numbered sections 8A, 8B, 8C, 8D, and 8E, and to read as follows: Section 8A. The City of Adairsville shall have the power to contract with other municipalities or governmental bodies for any number of years not exceeding fifty (50), to provide public utilities for sewerage, water, and natural gas and the distribution systems therefor within said City of Adairsville, to finance and refinance the same with revenues received therefrom or with revenue anticipation bonds either separately or in conjunction with existing systems in the City of Adairsville to manage and control such distribution systems, to regulate, fix and collect the rates therefor by contract with such municipalities, to be granted and to procure franchises, easements and rights of ways for the same within such municipalities or governmental bodies, to provide such public utilities and distribution systems to areas outside the corporate limits of the City of Adairsville and finance the same in the manner aforesaid, to ratify any and all such contracts and services now existing or heretofore entered into or provided by said city. Public utilities. Section 8B. The City of Adairsville, by and through its mayor and board of aldermen, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, including condemnation of lands or premises necessary for same, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities, and commodities furnished thereby and, in anticipation of the collection of revenues therefrom to issue negotiable certificates payable from such revenues maturing over a term of years, to finance the cost of construction and operation of same from the revenues therefrom or otherwise, and to exercise all the powers and authorities to do all the things and acts authorized by the `Revenue Anticipation Law of 1937' of this State, and Acts amendatory thereof. Bonds.

Page 2788

The city shall have the same power to collect utility bills and other charges relating to utility distribution systems owed the city by anyone outside the city limits and the creation of lines therefor as may be done and in the same manner as within the city. The term utility bills is extended to include water, natural gas, and sewerage both inside and out of the city limits of the City of Adairsville, Georgia, as amended. Liens. Section 8C. The board of aldermen of said city shall have power and authority to sell at private sale any property purchased by the City of Adairsville at a sale thereof for taxes or under other process, as well as any other property of the city, that is of no use to the city; and the board of aldermen of said city are hereby granted full power and authority, in their discretion, to close or abolish, either permanently or temporarily, any street, road, alley, sidewalk, or other public area in said city. Sale of property, closing of streets, etc. Section 8D. The City of Adairsville shall have the power of eminent domain to condemn public or private property for the use of said city, either within or without the corporate limits thereof excluding the property of any existing public utility other than for rights of way for streets, natural gas, water and sewerage, to carry out any of its powers. Eminent domain. (a) The City of Adairsville shall have the power to revoke existing rights to use the city streets and alleys for sewerage, water and natural gas distribution systems, power to purchase existing sewerage, water and natural gas distribution systems within the city limits which do not belong to the city, power to lease or rent from others over any term of years any such public utility distribution system or any part thereof, additional power to purchase and to finance from the revenues received by the city from the operation of any of its systems over a term of years, such systems or any material, fixtures, implements, or facilities needed in the operation of the same, and to ratify any such leases or purchases and financing

Page 2789

arrangements therefor now existing or heretofore entered into. Existing operations. (b) The City of Adairsville shall have the power through its board of aldermen to make contracts and enact all ordinances necessary thereto, including but not limited to, the purchase of any materials, fixtures, implements, or facilities needed in the operation of any of its public utility distribution system and to execute contracts of rental, lease purchase agreements, retention title contracts, and all other contracts or agreements of a similar nature, payable on the installment and for any term of years, for providing the same; all such contracts and agreements entered into prior to the approval of this Act by the City of Adairsville, through its mayor and board of aldermen, are hereby confirmed and ratified in toto. Public utilities. Section 8E. Said Board of Aldermen shall have the power to exercise general supervision over all buildings and facilities of every character within said city, and to prescribe rules and regulations for the improvement or construction of any building and facilities within said city, and shall have the right and authority to exercise said supervision by passing and enforcing such ordinances as may be appropriate. Building permits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the undersigned intends to apply to the General Assembly of Georgia at the January, 1959, session thereof for an amendment to the Charter for the City of Adairsville, giving to said city the power to enter into contracts with other municipalities for such municipalities to provid public utilities and the distribution system therefor, including the exercise of the right of eminent domain therefor, within the corporate limits of the City of Adairsville for any term of years that may be agreed upon, and for the City of Adairsville to participate jointly therein, and for any

Page 2790

other purposes. This 23rd day of December, 1958. City of Adairsville By: C. F. Jarrett 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 Tribune News Publishing Company, which is the official organ of said county, on the following dates: December 25, 1958 January 1, 1959January 8, 1959. W. H. Bradley Representative, Bartow County Sworn to and subscribed before me this 5th day of February, 1959. Amelia Smith Notary Public, Georgia, State at Large My Commission Expires October 4, 1960. Approved March 10, 1959. CITY OF CARTERSVILLECORPORATE LIMITS. No. 270 (House Bill No. 410). 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), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2283), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.

Page 2791

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), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2283), is hereby amended by adding to the end of section 2 A thereof the following: In adition to the corporate limits described in section 2 and heretofore in this section, the City of Cartersville shall also include the following: Tract Number IIAll that tract or parcel of land, situated, lying and being in part of land lots numbering 600 and 601, in the 4th District and 3rd Section of Bartow County, Georgia, and more particularly described as: Commencing at the intersection of the west land lot line of land lot 600 and the presently established city limits of the City of Cartersville as established by Georgia Law 1937, page 1532 et seq., said point being in the approximate center of South Erwin Street, City of Cartersville; thence running south 1 degree 44 minutes east 164 feet to the south west corner of land lot 600 and the intersection of South Erwin Street and Old Mill Road; thence running north 88 degrees 32 minutes east 1707.75 feet on the south land lot line of land lots 600 and 601 along the proximate center of the Old Mill Road to the intersection of said land lots south line with the west right of way of the Louisville and Nashville Railroad; thence running along said west railroad right of way north 4 degrees 44 minutes west 660 feet to its intersection with the city limits established by Georgia Law 1937, page 1532 et seq.; thence running back south westerly on the city limits, as established aforesaid 1750.91 feet, more or less, to its intersection with the west land lot of land lot number 600, and same being the point of beginning. Said area comprising 14.50 acres of land. Tract Number II, herein described, is more fully

Page 2792

detailed on a plat of the above described land prepared by White and Camp, Engineering and Surveying, LaGrange, Georgia, dated December 12, 1958, and recorded in plat book three (3), page 116 of the clerk's records, Bartow County, Georgia, the same being incorporated herein by reference thereto as if fully set out herein. 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 the following local legislation will be introduced at the January, 1959, session of the General Assembly of Georgia: An Act to amend the charter of the City of Cartersville and the several acts amendatory thereof, so as to extend the corporate limits of said city beyond the limits as now defined; to repeal conflicting laws; and for other purposes. This 23rd day of December, 1958. Robert E. Gibbons Clerk of City of Cartersville, Georgia 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 Tribune News Publishing Company, which is the official organ of said county, on the following dates: December 25, 1958 January 1, 1959January 8, 1959 W. H. Bradley Representative, Bartow County
Page 2793

Sworn to and subscribed before me this 5th day of February, 1959. Amelia Smith Notary Public, Georgia, State at Large My Commission Expires October 4, 1060 (Seal). Approved March 10, 1959. CITY OF CARTERSVILLECORPORATE LIMITS, REFERENDUM. No. 271 (House Bill No. 412). 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), and an Act approved March 17, 1958, p. 2283), so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of 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), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2283), is hereby amended by adding to the end of section 2 A thereof the following: In addition to the corporate limits described in section 2 and heretofore in this section, the City of Cartersville shall also include the following: Tract Number IIIAll that certain tract or parcel of land situated, lying, and being in the 4th district, and 3rd section of the County of Bartow, State of Georgia and lying within the following boundaries, to-wit:

Page 2794

Being all or parts of land lots 523, 524, 558, 557, 595, 596, 597, 598, and 599; 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 at the intersection of said present city limits, and the east land lot line of land lot number 599, said point of intersection being within the right of way of South Erwin Street, said city and county; thence running S144[prime]E 164[prime] to the southeast land lot corner of land lot number 599, and, the intersection of South Erwin Street and Old Mill Road; thence running S88 19[prime]W 6711.39 feet to the south land lot line of land lot numbers 599, 598, 597, 596, and 595 to the south west land lot corner of land lot number 595; thence N148[prime]W 3929.20 feet on the west land lot line of land lots 595, 558, and 523, to the present city limits, as amended by Georgia Laws 1958, page 2283, et seq.; thence due east 1028.84[prime] to an existing corner on the corporate city limits, as amended, aforesaid; thence southeasterly 1040[prime], on the present city limits, as amended aforesaid, to the north right of way of State highway # 61; thence easterly along the north right of way of State route # 61 567.2 feet back to the present city limits as established by Georgia Laws 1937, page 1532, et seq.; thence continuing southeasterly on said original and presently existing city limits to the south right of way line of State route # 61; thence running in a westerly direction along the south right of way line of State route # 61 283.18[prime]; thence southerly 268 feet to a corner on the present city limits as amended by Georgia Laws 1958, page 2283 et seq.; thence continuing easterly along said amended city limits 154 feet to an iron pin; continuing thus on said amended city limits southerly 32 feet to an iron pin; thence continuing on said city limits, as amended, easterly 270.02 feet to a point on the city limits as established by Georgia Laws 1937, page 1532 et seq.; thence continuing southeasterly and easterly on the city limits as originally established by Georgia Laws 1937, page 1532, et seq. 5904 feet, more or less, back to its intersection with the east land lot line of land lot #599, said point

Page 2795

of intersection being the point of beginning. Said tract comprises 211 acres, or.33 square miles. Tract Number III, herein described, is more fully detailed on a plat of the above described lands prepared by White and Camp, Engineering and Surveying, La-Grange, Georgia, dated January 15, 1959, and recorded in plat book three (3), page 117 of the clerk's records, Bartow County, Georgia, the same being incorporated herein by reference thereto as if fully set out herein. Section 2. Not less than twenty (20) nor more than thirty (30) days after the date of the approval of this Act it shall be the duty of the mayor and aldermen of Cartersville to issue the call for an election for the purpose of submitting this Act to the voters of the within proposed territory to be annexed for approval or rejection. The mayor and aldermen shall set the date of such election for a day not less than twenty (20) nor more than thirty (30) days after the issuance of the call. The mayor and aldermen shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Cartersville. The ballot shall have writen or printed thereon the words: Referendum. For approval of the Act to extend the limits of the City of Cartersville Against approval of the Act to extend the limits of the City of Cartersville. 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 less than a majority of the votes cast on such question are for 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 Cartersville. It shall be the duty of the mayor and aldermen to hold and conduct

Page 2796

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 aldermen 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 3. 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 the following local legislation will be introduced at the January, 1959, session of the General Assembly of Georgia: An Act to amend the charter of the City of Cartersville and the several amendatory acts thereof, so as to extend the corporate limits of said city beyond the limits as now defined; to repeal conflicting laws; and for other purposes. This 23rd day of December, 1958. Robert E. Gibbons Clerk of City of Cartersville, Georgia 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 Tribune News Publishing Co., which is the official organ of said county, on the following dates: December 25, 1958 January 1, 1959January 8, 1959. W. H. Bradley Representative, Bartow County
Page 2797

Sworn to and subscribed before me this 5th day of February, 1959. Amelia Smith Notary Public, Georgia, State at Large My Commission Expires October 4, 1960 (Seal). Approved March 10, 1959. CITY OF ADAIRSVILLECORPORATE LIMITS, REFERENDUM. No. 272 (House Bill No. 413). An Act to amend an Act incorporating the City of Adairsville, approved August 27, 1872 (Ga. L. 1872, p. 121), as amended, particularly by an Act approved October 15, 1887 (Ga. L. 1887, p. 549) and an Act approved August 22, 1907 (Ga. L. 1907, p. 358) and an Act approved January 30, 1946 (Ga. L. 1946, p. 311) and an Act approved March 26, 1947 (Ga. L. 1947, p. 839), so as to extend and redefine the corporate limits of the city; to provide a referendum for the submission of this Act for approval or rejection; 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 Adairsville, approved August 27, 1872 (Ga. L. 1872, p. 121), as amended, particularly by an Act approved October 15, 1887 (Ga. L. 1887, p. 549) and an Act approved August 22, 1907 (Ga. L. 1907, p. 358) and an Act approved January 30, 1946 (Ga. Laws 1946, p. 311) and an Act approved March 26, 1947 (Ga. L. 1947, p. 839), is hereby amended by adding thereto a new section, section 1-A as follows: Section 1-A. The corporate limits of the City of

Page 2798

Adairsville are hereby extended and redefined and described as follows: All that tract or parcel of land located in the 15th district and 3rd section of Bartow County, Georgia, consisting of parts of land lots 162, 163, 164, 165, 166, 167, 168, 169, 192, 193, 194 and 195; more particularly described as: Beginning at the intersection of the center line of the proposed Rural Post Road known as Georgia State Highway Project Number S-0829 (2) between Kingston and Adairsville, Georgia, and the center line of the proposed relocation of State Highway 140 known as State Highway project number S-0828 (4) between Shannon and Adairsville, Georgia, said proposed roads and their center line intersection being more particularly described on a map and drawing of each project on file in the office of the State Highway Department of Georgia, Atlanta, Georgia, reference to which is hereby made, and as presently staked out on the ground this January 19, 1959; thence running north 85 degrees 10 minutes east, south 87 degrees 35 minutes east, and north 85 degrees 30 minutes east following the center line of said project number S-0828 (4) for a distance of 5,443.20 feet to station 404-45 on said State highway 140 proposed relocation; thence running south 2 degrees 0 minutes east 5972.8 feet to a point designated by an iron pin; thence continuing south 80 degrees 20 minutes west 1583.8 feet, south 88 degrees 55 minutes west 465.0 feet, and north 89 degrees 59 minutes west 3276.2 feet to a point on the sub-tangent of the proposed Kingston-Adairsville Post Road Project Number S-0829 (2), said point being located at the east right of way of said proposed road; thence running north 45 degrees 50 minutes west a distance of 399.7 feet to the center line of project number S-0829 (2); thence following the center line of said Kingston-Adairsville Post Road Project S-0829 (2), north 45 degrees 50 minutes west, north 18 degrees 48 minutes east, and north 4 degrees 15 minutes east for a distance of 6,439.92 feet back to its center line intersection with State highway 140 as located in project number S-0828 (4), aforesaid, said intersection being the point of beginning. Corporate limits.

Page 2799

All according to a plat of the above described lands prepared by J. P. Baskin and Associates, Engineers and Surveyors, Rome, Georgia, dated January 15, 1959, and recorded in plat book 3, page 114, of the clerk's records, Bartow County, Georgia the same being incorporated herein by reference thereto for a more full and detailed description thereof. Section 2. The foregoing description supplants the present existing city limits of the City of Adairsville, redefines, extends and establishes a new city limits for said City of Adairsville, Georgia. Section 3. Not less than fifteen 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 ordinary of Bartow County to issue the call for an election for the purpose of submitting this Act to the voters of Bartow County that reside in the area annexed to the City of Adairsville by this Act and all voters residing within the City of Adairsville for approval or rejection. The ordinary shall set the date of such election for a day not less than fifteen nor more than forty-five 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 Bartow 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 Adairsville. Against approval of the Act extending the corporate limits of the City of Adairsville. 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 less than a majority of the votes cast on such

Page 2800

question are for 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 Adairsville. 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. Notice. Notice is hereby given that the undersigned intends to apply to the General Assembly of Georgia at the January, 1959, session thereof for an amendment to the Charter for the City of Adairsville, changing, enlarging or reducing the corporate limits of said city; to provide for a referendum; and for other purposes. This 15th day of January, 1959. City of Adairsville By: C. F. Jarrett Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly autthorized 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 Tribune News Publishing Company, which is the official organ of said county, on the following dates: January 15, 1959 January 22, 1959January 29, 1959. W. H. Bradley Representative, Bartow County
Page 2801

Sworn to and subscribed before me this 5th day of February, 1959. Amelia Smith Notary Public, Georgia, State at Large My Commission Expires October 4, 1960 (Seal). Approved March 10, 1959. DOUGLAS-COFFEE COUNTY INDUSTRIAL AUTHORITY. No. 273 (House Bill No. 421). An Act to create the Douglas-Coffee County Industrial Authority; to provide the purposes, duties, control, organization and powers of said authority; to provide for the issuing of revenue bonds; general obligation bonds and for the validation of such bonds; 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 Douglas-Coffee County Industrial Authority. Name. Section 2. There is hereby created a body corporate and politic to be known as the Douglas-Coffee County Industrial 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 seven (7) members, as follows: Three (3) members shall be appointed by the city commissioners of the City of Douglas and three (3) members shall be appointed by the county commissioners of Coffee County. The seventh (7th) member shall be appointed by joint action of

Page 2802

the commissioners of both the city and county upon the recommendation of the Coffee County Chamber of Commerce. In the event that no such chamber of commerce, the seventh (7th) member shall be appointed by joint action of the commissioners of the city and of the county. The terms of office of the members appointed by the city commissioners shall be the same as and run currently with the terms of office of such commissioners. The terms of office of the members appointed by the county commissioners shall be the same as and run currently with the office of such commissioners. The seventh (7th) member shall be the same as and run currently with the president of the aforesaid chamber of commerce. In the event that there be no such president, the term of the office of the seventh (7th) member shall be prescribed by joint action of the city and county commissioners. In the event any vacancy occurs in the county group, the county commissioners shall fill by appointment, such vacancy for the unexpired term. In the event a vacancy occurs in the city group, the city commissioners shall fill by appointment such vacancy for the unexpired term. In the event a vacancy occurs in the aforesaid seventh (7th) member the commissioners of both the city and county shall fill by appointment such vacancy for the unexpired term. The city and county commissioners may, in their discretion, request the chamber of commerce to submit additional names before making the appointment or any subsequent appointment to the membership to the Authority. If no recommendation is made within ten (10) days after such request, the appointment be made without any recommendation. The members of the Authority shall elect among themselves a president, a vice-president and a secretary-treasurer, except that by a majority vote of the entire membership, they may elect a person as secretary-treasurer who is not a member of the authority. Created. 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: Definitions. (a) The word Authority shall mean the `Douglas-Coffee

Page 2803

County Industrial Authority' created by this Act and by and under Article VII, Section V, Paragraph I of the Constitution of the State of Georgia. (b) The word project shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plants for the purpose of selling, leasing or renting such structures 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 franchises 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 of any project and placing the same in operation. Section 4. The County of Coffee and the City of Douglas are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. Section 5. Any five 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 five affirmative votes. Quorum, etc. Section 6. The Authority shall have powers: Powers. (a) To have a seal and alter the same purpose. (b) To acquire, hold and dispose of personal property.

Page 2804

including the stock of other corporations, for its corporate purposes. (c) To enter into contracts with the County of Coffee and the City of Douglas. (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 franchise necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of or 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 Coffee or the City of Douglas, the governing authorities of Coffee County and the City of Douglas 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 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 rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires. The County of Coffee and the City of Douglas are hereby expressly authorized and empowered to enter into agreements with the Authority for use by the Authority of funds collected by special tax levies by the county and city for development purposes. (g) To construct, erect, acquire, own repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue bond of the Authority or from any grant from the County

Page 2805

of Coffee or City of Douglas, 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 it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (l) To issue revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority, and validate under and in accordance with the applicable provisions. (m) To issue general obligation bonds for the purpose of paying all or any part of the cost of any project of the Authority, such obligation bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of Georgia, 1897, (Ga. L. 1897, pp., 82-85), as amended. Section 7. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue bond issued by the Authority shall be exempt from State and local taxation. Bonds.

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Section 8. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia, County of Coffee or the City of Douglas. Debts. Section 9. 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 Coffee and the City of Douglas. Audits. Section 10. This Act being for the purpose of developing and promoting the public good and the welfare of the County of Coffee and the City of Douglas and their inhabitants, shall be liberally constructed to effect the purposes hereof. Intent. Section 11. 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 12. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1959 session of the General Assembly of Georgia, a bill to provide for enabling legislation pursuant to the constitutional amendment creating the Douglas-Coffee County Industrial Authority, found in Georgia Laws 1957, page 568, which was ratified at the general election in November of 1958; and for other purposes. This 10th day of December, 1958. E. R. Smith, Jr. City Attorney Douglas, Georgia
Page 2807

Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George J. Williams, Henry Milhollin, who, on oath, deposes and says that he is representative from Coffee County, and that the attached copy of notice of intention to introduce local legislation was published in the Douglas Enterprise, which is the official organ of said county, on the following dates: December 11, December 18 and December 25, 1958. George J. Williams Henry Milhollin Representatives, Coffee County Sworn to and subscribed before me this 5 day of Feb., 1959. Janette Hirsch Notary Public, Georgia, State at Large My Commission Expires October 4, 1960 (Seal). Approved March 10, 1959. TOWN OF MITCHELLRATE OF TAXATION. No. 274 (House Bill No. 424). An Act to amend an Act to reincorporate the Town of Mitchell in the County of Glascock, approved March 9, 1935 (Ga. L. 1935, p. 1127), as amended, so as to increase the tax rate limitations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to reincorporate the Town of Mitchell in the County of Glascock, approved March 9, 1935 (Ga. L. 1935, p. 1127), as amended, is amended by

Page 2808

striking from section 61 thereof the words one-half of, so that said section, as amended hereby, shall read as follows: Section 61. Be it further enacted, that for the purpose of raising revenues for the support and maintenance of the Town of Mitchell, the town council shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds and other evidence of debt, money used in banking, where the bank does not pay tax thereon, and every other species of property in said town, owned or held therein subject to taxation; said tax not to exceed one per cent upon all property, both real and personal, exclusive of the taxes for public schools, which shall not exceed thirty-five one hundredths of one per cent, per annum, and exclusive of the taxes required and sufficient to pay the annual interest on the bonded indebtedness of said town and to provide a sinking fund for the purpose of paying the principal of said bonded indebtedness, if any, as required by law. The ad valorem tax above authorized for the general purposes, and the public school tax and the bonded interest and sinking fund tax shall be levied under separate ordinances, each specifying the purpose for which levied and all proceedings for collection of said taxes shall show the amount due on each of said tax levies. The town council shall have power and authority by ordinance to provide for the returns and assessments of all taxable property in said town, and to provide for neglect or refusal to comply with the same. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Introduce Local Bill. GeorgiaGlascock County Notice is hereby given that legislation will be introduced in the 1959 session of the General Assembly of

Page 2809

Georgia to amend the charter of the Town of Mitchell, Ga., by raising the tax rate limitation to ten mills. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. G. Todd, who, on oath, deposes and says that he is representative from Glascock County, and that the attached copy of notice of intention to introduce local legislation was published in the Gibson Record and Guide, which is the official organ of said County, on the following dates: January 23, January 30, and February 6, 1959. W. G. Todd Representative, Glascock County Sworn to and subscribed before me this 6 day of Feb. 1959. Janette Hirsch Notary Public, Georgia, State at Large My Commission Expires October 4, 1960. (Seal). Approved March 10, 1959. CITY OF SUMMERVILLENEW CHARTER, REFERENDUM. No. 275 (House Bill No. 425). An Act to consolidate all of the laws chartering the City of Summerville in the County of Chattooga and to grant a new charter to said city; to provide for the general powers of said city; to provide that said city shall be responsible for all debts and contracts of the former City of Summerville; to provide all valid ordinances; to provide for the corporate limits of said city; to provide for a mayor and councilmen, their powers,

Page 2810

duties and functions; to provide for the passage of ordinances; to provide for the meetings of the city council; the eligibility requirements of the mayor and councilmen; to provide for the compensation of said mayor and councilmen; to provide for elections; to provide for the filling of vacancies in the offices of mayor and councilmen; to provide for the taking of office by said officials and the oath in connection therewith; to provide for tie elections in said city; to provide for qualification and registration of voters in said city; to provide for a recorder's court in said city and the procedure in such court; to provide for ad valorem taxation by said city, and the procedure in connection therewith; to provide for licensing and regulation of trades and occupations; to provide for the maintenance and construction of streets, roads and sidewalks in said city; to provide for the maintenance and establishment of utility systems in said city, and the collection of charges in connection therewith; to provide for the creation and alteration of a fire district in said city; to provide for planning and zoning regulations in said city; to provide for condemnation of private property by said city; to authorize said city to contract debts and issue bonds; to expressly enumerate certain powers of said city; to provide that the powers enumerated in this Act shall not be restrictive; to provide restrictions upon the sale of property by said city; to provide that said city shall operate upon a cash basis, and that all debts for current operating expenses shall be paid in the fiscal year in which incurred; to provide for a referendum; to provide an effective date for said act; to expressly repeal an Act granting a new charter to the City of Summerville, approved December 21, 1897 (Ga. L. 1897, p. 308), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The City of Summerville in the County of Chattooga is hereby incorporated under the name and style of the City of Summerville. Said City of Summerville

Page 2811

as a municipality shall have perpetual succession and is vested with the right to contract and be contracted with, to plead and be impleaded, to buy, own, enjoy, and sell property of all kinds, and to have and use a common seal and do all other things and acts as may be necessary or needful to exercise such rights, powers, functions, privileges and immunities as ordinarily belongs to municipal corporations generally under the law, as well as those hereinafter enumerated. Said corporate body under the name and style of the City of Summerville shall have all the rights, powers, and privileges to purchase, acquire by gift, lease or otherwise to receive hold, possess, enjoy and retain in perpetuity or for any term of years, or dispose of in any manner known to law any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of said city for corporate purposes, subject to the restrictions contained in this Act. Said city shall have the right to adopt such ordinances, rules, regulations and resolutions for the welfare and proper government of the city and for the transaction of the business thereof as may be deemed good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States. Said City of Summerville shall be the legal successor of the City of Summerville in Chattooga County existing at the time of the passage of this Act, and shall receive all of the property of said former city, and be responsible for all debts, contracts and obligations for which said former city is now obligated. Created. Section 2. The City of Summerville is hereby made responsible as a corporate body for all legal debts, contracts and obligations for which the City of Summerville as incorporated under an Act approved December 21, 1897 (Ga. L. 1897, p. 308), as amended, is now obligated. Existing debts. Section 3. All existing, valid ordinances, rules, bylaws, regulations and resolutions of the City of Summerville not inconsistent with this charter shall remain in

Page 2812

full force and effect for the City of Summerville until altered, amended, or repealed. Existing ordinances, etc. Section 4. The corporate limits of the City of Summerville shall extend one (1) air line mile in all directions from the center of the courthouse dome in said city. Corporate limits. Section 5. The government of the City of Summerville shall be vested in a mayor and five (5) councilmen to be called the City Council to be elected as hereinafter provided. (A) The mayor shall be the chief executive officer of the city; have general supervision of the affairs of the city; and shall see that the laws of said city are executed and the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the marshal and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise within the corporate limits of said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. He shall have the right to hire all city employees subject to the approval of the council, and he may discharge any city employee without the necessity of obtaining approval of the council. City council. (B) The council of the City of Summerville shall be the legislative body. It may pass all ordinances for the government of the city. Ordinances shall be proposed and read at a regular meeting of the council, and shall not be passed until the next regular meeting. That all ordinances be advertised in official newspaper one time before passage. The mayor may veto any ordinance passed by the council, in which event such ordinance shall become null and void unless it shall be repassed by four (4) of the members of the council. The council

Page 2813

shall fix an annual budget for the city and approve all expenditures made by the city. (C) The mayor shall appoint annually, subject to the approval of the council, a city clerk, a city treasurer, and a city attorney, who shall serve for a term of one (1) year. He also may appoint such other city employees as may be necessary for the efficient operation of the city, subject to the approval of the council. The treasurer of said city and all other offiicals and employees of the city who shall sign city checks or handle city money shall be bonded in such amount as may be deemed wise by the City Council. Section 6. The council shall meet in regular session upon the second Monday in eaech month. Special meetings of the council may be called at any time by the mayor or by a majority of the members of the council. The mayor shall preside over all meetings of the council, but shall have no vote. At the first regular meeting of the council following the regular election of new members thereof, the council shall elect one (1) of its members as a mayor pro tem. who shall, in the event of the disability or disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor. Same. Section 7. To be eligible to be mayor of the City of Summerville, a person shall be at least twenty-five (25) years of age, the owner of real property in the corporate limits of said city, shall have resided in the City of Summerville a period of at least two (2) years and shall be a registered, qualified voter of the State of Georgia and of the City of Summerville. To be eligible to be a member of the council of said city, a person must be at least twenty-one (21) years of age, a resident of the City of Summerville for a period of at least one (1) year and a registered, qualified voter of the State of Georgia and of the City of Summerville. Should the mayor or any councilman during his or their term of office remove his residence from the limits of said city or cease to be

Page 2814

a bona fide resident thereof, his or their office shall thereby become vacant. Mayor and councilmen. Section 8. The mayor of the city shall be compensated in the sum of four hundred dollars ($400.00) a month, plus mileage and expenses incurred on official business, said mileage and expenses to be approved before payment by the City Council. The members of the council shall receive as compensation the sum of twenty-five ($25.00) dollars per regular meeting, provided they are present attending said meeting. Compensation of mayor and councilmen. Section 9. The first election for mayor and councilmen of said city held under this Act shall be held on the second Saturday in December, 1959. At that time there shall be elected a mayor and five (5) councilmen from the city at large. The councilmen shall be designated as councilman seat no. 1, councilman seat no. 2, councilman seat no. 3, councilman seat no. 4, and councilman seat no. 5. The mayor and councilman seat no. 1 and councilman seat no. 2 shall take office on January 1, 1960, and serve until June 30, 1952, or until their successors are elected and qualified. Councilman seat no. 3, councilman seat no. 4, and councilman seat no. 5 shall take office January 1, 1960, and serve until June 30, 1961, or until their successors are elected and qualified. After the first election to be held in 1959, there shall be an annual election on the third Saturday in June of each year for the mayor and the councilmen of the City of Summerville whose term expires in said year. All persons elected at such election shall take office on July 1, next following their election and serve for a term of two (2) years, or until their successors are elected and qualified. To be eligible to run for the office of mayor and councilman of said city, a person shall qualify with the city clerk of said city between November 12, 1959, and noon November 28, 1959, for the elections to be held in that year. For the regular annual elections, a person shall qualify with the city clerk of said city during the period from fifteen (15) days prior to the first Saturday in June of each year until twelve (12) o'clock noon on the first Saturday in June of each year. Elections

Page 2815

to be held from 7:00 a.m. to 7:00 p.m. at the city hall in Summerville, Georgia. Elections. Section 10. In the event that the office of mayor or of councilman of the City of Summerville should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than forty (40) days from the time such vacancy occurs under the same rules and regulations that govern regular elections in said city. The clerk of said city shall cause notice of the holding of such election, and the time and place thereof, to be published once a week for two (2) weeks prior to said election in the newspaper in which the sheriff's advertisements for Chattooga County are published. In the event that such vacancy in the office of mayor occurs within six (6) months preceding the expiration of term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tem. for the remainder of the term; and provided, further, in event such vacancy should occur within six (6) months prior to a regular annual election to be held on the third Saturday in June, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor pro tem., who shall serve until such regular annual election, and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. If vacancy occurs in office of councilman for any reason within six months of regular election no special election is to be called; in the event a majority of the council shall resign, or vacate office then in that event a special election shall be called under the same provisions as provided for vacancies occurring prior to six months of regular election. To be eligible for election in any special election authorized by this section, a person shall qualify with the city clerk not less than ten (10) and not more than twenty (20) days prior to the date of the election. In the event that the council cannot for want of a quorum and any other reason call the elections authorized by this section, it shall be the duty of the Ordinary of Chattooga County to issue the call for the elections. Vacancies.

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Section 11. The mayor and councilmen first elected under this Act shall take office January 1, 1960. The mayor and councilmen elected at subsequent elections in said city shall take office on July 1 of the year of their election. The mayor and councilmen shall be installed in their office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of the City of Summerville; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof. Oath. Section 12. Should any election held in and for said city under the provisions of this Act result in a tie vote, then in that event, the council of said city shall call a special election within ten (10) days; and said special election shall be held in the same manner as any other election, except that no person shall be a candidate in said special election other than those who received the same number of votes in the prior election; and no person shall be allowed to vote in said special election unless he or she shall have been qualified to vote in the regular election held just prior to said special election. Special elections. Section 13. The mayor and councilmen elected under this Act shall on the first day of July following their election be installed in office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor and councilman (as the case may be) of the City of Summerville; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof. Oath.

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An on the first of July of each year thereafter the mayor and councilmen elect, or councilman elect, shall be installed in office by taking and subscribing said oath. If any such officers fail to be installed on that day, such installation shall take place as soon thereafter as practicable. Section 14. No person shall be allowed to vote in any election held in said city, except he or she be eligible under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly from the County of Chattooga, and unless he shall have bona fide and continuously resided in said City of Summerville, as a citizen thereof, for three (3) months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Electors. Section 15. There shall be established in the City of Summerville created by this Act a permanent registration system of the qualified voters of said city: Registration of electors. (A) By July 1, 1959, the mayor and council of said city shall provide a suitable book or books for the permanent registration of qualified voters of said city. On or near the first page of each of such permanent registration books shall be printed or placed the oath prescribed by subsection (C) of this section. (B) The clerk of said city or any deputy clerk employed in the office of said clerk, shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are provided, and shall cause notice of such facts to be published in one (1) issue of the newspaper in which sheriff's advertisements for Chattooga County are published. Said clerk or deputy clerk shall keep said books open for registration of qualified voters at all times when the said clerk's office is open for business, except during the period next preceding the date of any election in said city, when all candidates in such election shall have qualified.

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(C) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz.: I do solemnly swear that I am eighteen (18) years of age (or will be by the time of the next regular city election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Chattooga, and that I have bona fide and continuously resided in the City of Summerville, as a citizen thereof of three (3) months (or will have by the time of the next city election). The clerk or deputy clerk shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the clerk or deputy clerk, who shall immediately thereafter enter at the places provided the age, sex, and race of each person registering. (D) No person registering as herein provided, or who is now registered, shall be required to again register as a qualified voter of said city, so long as he or she remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city. (E) Whenever any election is to be held in and for said city, the said registration books are to be closed at the time when candidates for such election may no longer qualify and delivered to the mayor of said city, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three (3) in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election,

Page 2819

and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the limits of said city, or who are otherwise disqualified for any lawful cause; provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the hearing as to such disqualification, and shall be served on each person at least twenty-four (24) hours before the time of such hearing (leaving at the most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' list the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One (1) copy of same shall be retained, and two (2) copies shall be filed with the clerk of said city, one (1) of which shall be open to inspection during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar and registrars shall complete said lists at least two (2) days before said election. Elections. (F) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar, or a majority of the registrars, that his name was omitted therefrom by accident or mistake. (G) The City of Summerville shall have full power

Page 2820

to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters and qualification of candidates for elections and such other election rules as may become necessary. It shall also fix the compensation to be paid by the city to such registrar or registrars, and may designate the clerk of said city to act as a registrar or as one of the registrars provided for under this Section if they deem proper. Section 16. There shall be established in the City of Summerville created by this Act a mayor's or recorder's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. Recorder's court. (A) Said court shall be held as often as necessary for the trial of offenders. The mayor shall preside over said court and perform the duties thereof unless he shall have appointed a recorder. Any recorder appointed as judge of said court shall be a member of the Bar of the Supreme Court of Georgia, unless the mayor is unable to obtain the services of an attorney to so preside, in which event any upright and intelligent person may be appointed recorder. The clerk of the city shall act as clerk of the court, and the chief police officer of the city or other police officers shall attend said court and perform all such duties therein and in the enforcement of its sentence as they may be required by ordinances of said city or by the orders of the judge of said court. (B) The jurisdictional limits of said court shall include the corporate limits proper of said city; and said court shall have jurisdiction to try offenses against the laws and ordinances of said city, committed within the said jurisdictional limits. (C) The mayor or recorder, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding one hundred ($100.00) dollars and imprisonment in the prison of said city not to

Page 2821

exceed ten (10) days, either or both, in the discretion of said court. (D) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court will have the right to sentence said defendant to pay a fine not exceeding two hundred ($200.00) dollars and to imprisonment in the prison of said city or in the common jail of Chattooga County, not exceeding ninety (90) days, and to work and labor in the city chaingang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding ninety (90) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs and fines shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (E) All cases made in said court shall be in the name of the City of Summerville; all warrants for offenses against the laws and ordinances of said city shall be signed by the presiding officer of said court, or the mayor of said city, or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the clerk, deputy clerk, if one should be elected or employed, or policeman, and shall bear teste in the name of the mayor or the presiding officer of said court. (F) The mayor or recorder shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court, and, where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Chattooga County for trial, to assess bail for his appearance, and

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to commit to the jail of Chattooga County, in default of bond. (G) Said court shall have the right to compel the attendance of witnesses, within or without jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, policeman, deputy sheriff or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. (H) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, service upon surety alone shall be sufficient, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty (30) days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said city. Said court shall have power to issue warrants for the re-arrest of any defendant whose bond has been forfeited, or who fails to appear in court. (I) Said court shall have full power and authority,

Page 2823

and the council is hereby empowered to adopt, such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. Section 17. All persons owning property in said city shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal. Subject to taxation by said city, as of January 1 of each year; and the books for recording same shall be open on January 1 and close on March 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose at the fair market value thereof. The city shall have the right to levy a tax on all real and personal property within the corporate limits of said municipality. Taxation. Section 18. The mayor of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting of the City Council in January, shall select three (3) upright freeholders residing in said city as a board of tax assessors. The mayor shall fix the per diem compensation of said tax assessors, which shall not exceed eight ($8.00) dollars per day for each tax assessor. Vacancies on said board may be filled by the mayor as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessor to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax return made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. The assessors shall have the authority to apply to the mayor for a subpoena to produce any records, books, statements, or papers of any person, firm, or corporation doing business or owning property in the city, or any nonresident doing business or owning property in the city, in order for the assessors to determine the true value, or proper owner, of any property in the city, whether

Page 2824

or not the property has been returned by the owner. The notice to produce shall set out the records, books, statements or papers desired by the assessors, the time and place said records are desired, shall be signed by the mayor, and served upon the person, firm, corporation, place of business, or their agent, at least five days prior to the date required by the assessors. Failure to produce such records, books, statements, or papers subpoenaed shall constitute a contempt of the mayor or recorder's court. If any person or corporation fails or refuses to make return of any of his, her, or its real estate or personal property, as hereinafter required, by the first day of March in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at the fair market value thereof. They shall make a return of their work within thirty (30) days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or taxes assessed against their property five (5) days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice ten (10) days before said hearing to a non-resident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Same. (A) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the council of said city, provided said appeal be filed in writing with the clerk of said city within five (5) days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said council at its next

Page 2825

regular meeting, unless continued for cause, and its decision shall be final. The council of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. (B) The Council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Section 19. The taxes of said city shall fall due on June 20 of each year, and tax executions shall be issued against all persons who have not paid their taxes by that time. All tax executions shall be signed by the clerk, and bear teste in the name of the mayor of said city. The marshal or other police officers of said city, the sheriffs, deputy sheriffs and constables of this State shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of the Code of Georgia, sections 92-4301, etc., and 92-4401. Tax executions. Section 20. The City of Summerville, created by this Act, shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobile, jitneys, trucks, taxis, and public or private vehicles of all kinds, traveling vendors of patent medicines, soaps, notions, and all other articles; also hotels, boarding houses, restaurants, lunch stands, drinking stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool, and other kind of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins,

Page 2826

sawmills, planing mills; also auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks, or otherwise; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And said city shall have the power to require registration of, and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said city; and said city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said city shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Business licenses. Section 21. The City of Summerville, created by this Act, shall have full power and authority in their discretion, to grade, pave, macadamize and otherwise improve for travel and drainage the streets, sidewalks, and public lanes and alleys of said City; to put down curbing, cross drains, crossings, intersections, and otherwise improve the some. In order to carry into effect the authority above delegated, the Act of the General Assembly of Georgia, approved August 25, 1927 (Ga. L. 1927, pp. 321-335), (Chapter 69-4 of the Code of Georgia, as amended, with the exception of Code section 69-402), providing a method for making improvements in municipalities having a population of six hundred (600) or more population, is hereby adopted and made a part of this Act, and the council

Page 2827

of the City of Summerville, created by this Act, is hereby made the governing body referred to and authorized to act under the terms of said Act hereby adopted and made a part hereof. Streets. Section 22. Said City of Summerville shall have full power and authority to furnish water, electric lights and power, gas, heat, and other public utility service for the public use in and out of said city, and for private use and charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat, and any other public utility system or plants; to purchase or generate electric energy; and to maintain the supplying of said public utility service. Public utilities. Section 23. Said City of Summerville shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, electric lights and power, energy, gas, heat, and sewer service, by the following methods: Same. (A) By making said charges for water, electric energy, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water, electric light and power energy, gas, heat, or sewer service shall be shut off from the building, place, or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, is fully paid; and further it may be provided for the issuance of an execution for the unpaid charges for water, electric energy, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in possession or having the right to possession and use of such real estate has by contract agreed to pay for such charges.

Page 2828

(B) Said city shall have full power to require prompt payment in advance for all water, electric energy, gas, heat and sewer service furnished by said city; or require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such services, and shut off and refuse to furnish water, electric energy, gas, heat, and sewer service where payment in advance or deposit, as the case may be, is not promptly paid; and to enforce by execution against any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, electric energy, gas, heat, or sewer service. Should any consumer fail to pay all water, or electric light, gas, heat, or sewer service charges due by him to said city, then the said city may cut off water, light, gas, heat or sewer services from the premises and, should he move to another place in said city, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (C) Said city shall have power to adopt all necessary ordinances to put either method in force in said city, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (D) The provisions of this section shall be applicable to charges for any public utility-service provided or furnished by said city, including water, electric energy, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said city, from the operation and provisions of this Act. Section 24. Said city is authorized to enact any and all ordinances, rules and regulations, necessary to lay out and prescribe a fire district in said city, and to enlarge, change, or modify its limits from time to time; to prescribe when, how and of what material buildings in said limits may be erected, repaired, or covered, how

Page 2829

thick the walls may be, how the chimneys, stoves, pipes, and flues are to be constructed; to provide for fire escapes in said buildings; and generally do all such things and to pass such laws and ordinances as the city may deem necessary in order to protect said city as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. It 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 and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the city may order such building removed or altered and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire districts, etc. Section 25. (A) The City of Summerville, may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited

Page 2830

to accomplish the purpose of the zoning regulations. In the determinations and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, or other activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission to be composed of not more than three (3) members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals, to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Chattooga County. Zoning, etc. (B) In lieu of the above power of planning and zoning, the City of Summerville is authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities, counties or municipalities and counties. Section 26. The City of Summerville shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and play-grounds; for rights-of-way for any electric light, water supply, gas, or sewer line, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works and system, sewerage system, including line and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the city shall desire to exercise the power and authority to condemn

Page 2831

property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code, 1933, section 36-301, et seq. Condemnation. Section 27. The Council of said City of Summerville shall have power and authority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a water supply system, establishing, improving and maintaining a sewerage system, a system of lights or electric power, and other public service or utility system, for the paving or otherwise improving streets, sidewalks, or public places and public buildings, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Debts, bonds, etc. Section 28. In addition to the power and authority vested in said City of Summerville, created by this Act, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: (A) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect health of said city, to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said city; Ordinances. (B) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain

Page 2832

said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases in said city, and to co-operate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same; (C) To own and regulate cemeteries and parks, either within or without the said city, to establish, control and govern a municipal market in the said city, to own or contribute to the support and maintenance of swimming pool, golf links, parks and playgrounds, either within or without the corporate limits of said city; (D) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said city; to regulate or prohibit sale and shooting of fireworks and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said city; (E) To regulate the character of buildings to be erected in said city, and to adopt and enforce building requirements and/or permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electric wiring in structures in said city; (F) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; (G) To grant franchises, easements, and rights-of-way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said city, on such terms and conditions as may be prescribed; and to regulate all public services or utility corporations doing business in said city in any manner not in conflict with State or Federal law; (H) To establish, equip, and maintain a fire department;

Page 2833

(I) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (J) To provide, equip, and maintain a prison and chaingang, and to regulate the same; and to provide for the working of convicts on the streets of said city, or any public works of said city, both within and without the corporate limits; (K) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said city, and to regulate the operation thereof; (L) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (M) To lay out and open new streets and alleys and close abandoned streets and alleys in said city; and to change the grades thereof; (N) To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the mayor's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury; (O) To require connection with sewerage by property owners whose property abut on streets having sewer mains therein. Section 29. The enumeration of powers contained in

Page 2834

this Act shall not be considered as restrictive; but the City of Summerville and the authorities of said city may exercise all powers, rights, and jurisdiction as they might if such enumeration were not made, and the council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare and protection of said city; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the council may prescribe additional regulations and modes of procedure, not repugnant to the interest and purpose of this Act or the laws of this State. Intent. Section 30. No electric light, gas, water or other public utility plant or system, now or hereafter owned by the City of Summerville, shall ever be sold, leased, or otherwise disposed of by the City of Summerville, created by this Act, except in the manner provided by, and in strict compliance with, the Act of the General Assembly of Georgia approved August 25, 1925 (Ga. L. 1925, pp. 177-179), (Sections 91-901 - 91-904 of the Code of Georgia); and the provisions of said Act are hereby incorporated as a part of this section by this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason. Any other property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased or otherwise disposed of by said city by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease or other disposition; the mayor, by direction of said council, making conveyance thereof; provided, that no conveyance of any property worth over one hundred ($100.00) dollars shall be made unless public notice is given of intention to convey in the newspaper of general circulation in the county in which sheriff's advertisements are made at least once a week for three (3) consecutive weeks immediately prior to such sale or encumbrance; provided,

Page 2835

further, that nothing in this section shall vary the laws regarding bond issues. Public utilities. Section 31. The City of Summerville shall operate strictly upon a cash basis. No employee or official of the city shall have authority to bind the city for any debts for current operating expenses to be paid at a time other than in the fiscal year July 1 to June 30 in which debt is incurred. Debts. Section 32. Not less than thirty (30) nor more than forty-five (45) days after the approval of this Act by the Governor or it otherwise becomes law, it shall be the duty of the present mayor and council of the City of Summerville to issue the call for an election for the purpose of submitting this Act to the voters of the City of Summerville for the approval or rejection. The date of the election shall be set for a day not less than thirty (30) nor more than forty-five (45) days after the issuance of the call. The city clerk shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of Chattooga County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act granting a new charter to the City of Summerville. Against approval of the Act granting a new charter to the City of Summerville. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection 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 hereinafter provided. 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 the City of Summerville. It shall be the duty of mayor and council of said city to hold and conduct such election. They shall hold such election under

Page 2836

the same 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 33. If this Act shall be approved at the referendum provided for in section 32 hereof, it shall become of full force and effect on January 1, 1960, except for sections 9, 11, 12, 13, 14, and 15, which shall become effective on July 1, 1959, so as to permit the conduct of the first election for mayor and councilmen of said city to be had under their provisions. Effective dates. Section 34. An Act granting a new charter to the City of Summerville, approved December 21, 1897 (Ga. L. 1897, p. 308), as amended, particularly by an Act approved December 20, 1899 (Ga. L. 1899, p. 279), an Act approved August 6, 1909 (Ga. L. 1909, p. 1366), an Act approved March 20, 1939 (Ga. L. 1939, p. 1329), an Act approved March 27, 1941 (Ga. L. 1941, p. 1766), an Act approved March 6, 1945 (Ga. L. 1945, p. 892), an Act approved January 31, 1952 (Ga. L. 1952, p. 2007), and an Act approved February 24, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2557), is hereby repealed in its entirety. Prior Acts repealed. Section 35. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of a Local Bill. Notice is hereby given that application will be made at the next session of the General Assombly of Georgia for the passage of the following bill: Entitled an Act to repeal the Act of 1897 creating a charter for the City of Summerville, and all amendments thereto; and to create a new charter for the City of Summerville, and

Page 2837

provide for a referendum. /s/ James H. Floyd, Representative, Chattooga County /s/ Joseph E. Loggins, Representative, Chattooga County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd and Joseph E. Loggins, who, on oath, deposes and says that they are representatives from Chattooga County, and that the attached copy of notice of intention to introduce local legislation was published in the Summerville News, which is the official organ of said county, on the following dates: January 15, 22, and 29, 1959. /s/ James H. Floyd, Representative, Chattooga County /s/ Joseph E. Loggins, Representative, Chattooga County Sworn to and subscribed before me this 6th day of February, 1959. /s/ Amelia Smith (Seal). Notary Public, Georgia, State at Large My Commission Expires October 4, 1960 Approved March 10, 1959.

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ACT PROVIDING FOR RETIREMENT OF JUDGES AND SOLICITOR-GENERAL OF FULTON CIVIL, CRIMINAL AND JUVENILE COURTS AMENDED. No. 276 (House Bill No. 431). An Act to amend an Act entitled An Act to provide for the retirement of the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County and the judge of the Juvenile Court of Fulton County; approved January 31, 1946, and published in Georgia Laws 1946 at pages 299 through 303, inclusive, as amended, so as to fix the time within which such judges, solicitor-general and other officers and persons eligible to qualify for participation in said retirement fund plan may qualify to participate therein, prescribe the terms and conditions of such qualifications, the length of service required for such retirement, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act to provide for the retirement of the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County and the judge of the Juvenile Court of Fulton County; to repeal all laws in conflict herewith and for other purposes, approved January 31, 1946, (Ga. L. 1946, pp. 299 through 303), as amended, be further amended as follows: Section 1. Any officer or employee qualified for retirement benefits under the terms of this Act as amended shall have the privilege to retire at anytime after his sixty-fifth birthday and shall thereupon be qualified to receive and shall receive partial retirement benefits as provided in this Act upon the following terms and conditions: (a) No such person shall be entitled to such retirement benefits until such person has received credit for service as provided by the terms of this Act as amended

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for a period of not less than fifteen (15) years. (b) The retirement benefits shall bear the same ratio to full retirement benefits as the number of full years of service completed at the time of retirement bears to twenty years. Such person shall otherwise be entitled to all the rights and benefits provided in said Act, as amended, for officers and employees participating in said pension plan. Retirement at age 65 with 15 years service. Section 2. By striking the words: not electing to qualify within the time specified in section 4 hereof in the second, third and fourth lines of section 5 of said Act approved January 31, 1946, and inserting in lieu thereof the following language, to-wit: who has not heretofore elected to qualify within the time specified in section 4 hereof or as may have heretofore been authorized or permitted, may, on and after the passage and approval of this amendment, elect to qualify for the benefits under this act, and, by adding at the end of section 5, the following proviso, to-wit: Provided that, instead of paying into said fund, in a total or lump sum, as hereinbefore provided, an amount equal to 5% of his or her salary from the time of the passage of this Act, or from the time of qualifying for his or her office, plus three per centum per annum on such payments, any such judge, solicitor-general or other officer made eligible by this amendment to qualify for the benefits of this Act, as hereby amended, may, at his or her option, elect to make said payments in thirty-six equal monthly installments which shall be deducted each month from his or her salary, as other payroll deductions are made, and deposited into said retirement fund as other deposits therein are made, as provided by said Act, as amended, provided further that any or all of said installments above referred to may be paid at any time at the option of such judge or solicitor-general or other officers herein referred to, provided further that any officer electing to qualify for retirement under the authority of this amendment, may, in the same manner and on the same terms and conditions, qualify for the benefits of said Act for his widow, and by further amending the same

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so that, when thus amended, section 5 of said Act shall read as follows: Election to qualify under Act. Section 5. Be it further enacted that any judge or solicitor-general, or other officer herein referred to, who has not heretofore elected to qualify within the time specified in section 4 hereof or as may have heretofore been authorized or permitted, may, on and after the passage and approval of this amendment, elect to qualify for the benefits under this Act, and then and in that event such judge or solicitor-general or other officer herein referred to, shall commence paying into the retirement fund the percentage of his salary as is provided in section 4 hereof, and, in addition thereto, he or she shall pay into said fund, in a total or lump sum, an amount equal to 5% of his or her salary from the time of the passage of this Act, or, in case of new judges or new solicitors-general, or other officers herein referred to, from the time of qualifying for their respective offices, plus three per centum per annum on the payments provided for in this Act from the date upon which the judge or solicitor-general or other officer first became eligible to qualify under said Act, and upon making such payments he, she or they shall be qualified to retire under the terms hereof. Provided that, instead of paying into said fund, in a total or lump sum, as hereinbefore provided, an amount equal to 5% of his or her salary from the time of the passage of this Act, or from the time of qualifying for his or her office, plus three per centum per annum on such payments, any such judge, solicitor-general or other officer made eligible by this amendment to qualify for the benefits of this Act, as hereby amended, may, at his or her option, elect to make said payments in thirty-six (36) equal monthly installments which shall be deducted each month from his or her salary, as other payroll deductions are made, and deposited into said retirement fund, as other deposits therein are made, as provided by this Act, as amended, provided further that any or all of said installments above referred to may be paid at any time before maturity, at the option of such judge, solicitor-general or other officers herein referred to, and provided further that any officer

Page 2841

electing to qualify for retirement under the authority of this amendment may in the same manner and on the same terms and conditions, qualify for the benefits of this act for his widow. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 4. A copy of notice of intention to apply for this local legislation and an affidavit or a certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. 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 15, 22, 29th days of December, 1959, and on the 5, 12th days of January, 1959 as provided by law. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1959 session of the General Assembly of Georgia for local legislation to amend an Act providing a system for pension and retirement pay to the judges and the solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, and the

Page 2842

judge of the Juvenile Court of Fulton County, and for other purposes, approved January 31, 1946 (Ga. L. 1946, p. 299), and the several acts amendatory thereof. Harold Sheats, Fulton County Attorney /s/ Frank Kempton Sworn to and subscribed before me this 16th day of January, 1959. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959 (Seal). Approved March 10, 1959. CANDLER COUNTYCOMPENSATION OF ORDINARY. No. 277 (House Bill No. 435). An Act to provide for a supplemental salary for the ordinary of Candler 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 ordinary of Candler County shall receive a supplemental salary of six hundred ($600.00) dollars per annum, to be paid in equal monthly installments from the funds of Candler County. Said sum shall be in addition to all fees and other compensation which the ordinary now receives. Supplemental salary. 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 in which it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Georgia, Candler County. Notice is hereby given that there will be introduced at the January 1959 session of the General Assembly of Georgia, a bill to supplement, by compensation, the fees of the ordinary of Candler County; and for other purposes. This 22nd day of December 1958. /s/ Juanita C. Mulling Legal Ads. Georgia, Candler County. Notice is hereby given that there will be introduced at the January 1959 session of the General Assembly of Georgia, a bill to supplement, by compensation, the fees of the ordinary of Candler County; and for other purposes. This 22nd day of December 1958. /s/ Juanita C. Mulling Georgia, Candler County. Personally appeared before the undersigned attesting officer, Beatrice K. Lanier, who after being sworn deposes and on oath says that she is an employee in the office of the Metter Advertiser, a weekly newspaper of said county in which the sheriff's advertisements are published, and that the above attached notice of intention to introduce local legislation was duly published in said newspaper in the issues of December 25, 1958, January 1, 1959 and January 8, 1959. /s/ Beatrice K. Lanier
Page 2844

Sworn to and subscribed before me, this the 10th day of January, 1959. /s/ George H. Lane N.P., Candler County, Ga. (Seal). Approved March 10, 1959. PULASKI COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES. No. 278 (House Bill No. 437). An Act to amend an Act creating the office of Commissioner of Roads and Revenues of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended, particularly by an Act approved February 8, 1949 (Ga. L. 1949, p. 286), and an Act approved March 6, 1956 (Ga. L. 1956, p. 2845), so as to change the compensation of the commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenues of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended, particularly by an Act approved February 8, 1949 (Ga. L. 1949, p. 286), and an Act approved March 6, 1956 (Ga. L. 1956, p. 2845), is amended by striking from section 5 thereof the words and figures thirty-six hundred ($3,600.00) dollars and inserting in lieu thereof the words forty-eight hundred ($4,800.00) dollars, so that said section, as amended hereby shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that said commissioner shall receive a salary of forty-eight hundred ($4,800.00) dollars per annum to be paid out of the county treasury monthly at the end of each month's service. Said commissioner shall be required

Page 2845

to give his undivided attention and his time to the duties of said office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that I will introduce at the current session of the General Assembly of Georgia an Act, entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for Pulaski County and amendments thereto, said Act to be found in Georgia Laws, 1919, page 729, et seq., by increasing the salary of said commissioner from $3600.00 annually to $4800.00 annually; and for other purposes. This January 16, 1959. /s/ R. C. Massee, Representative, Pulaski County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. C. (Bob) Massee, 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 21, January 28, and February 4, 1959. /s/ R. C. Massee, Representative, Pulaski County, Georgia Sworn to and subscribed before me, this 9th day of February, 1959. /s/ John Tye Ferguson Notary Public My Commission Expires Oct. 10, 1961. (Seal). Approved March 10, 1959.

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CITY COURT OF REIDSVILLEFUNDS PAID TO TATTNALL COUNTY. No. 279 (House Bill No. 438). An Act to amend an Act establishing the City Court of Reidsville, approved August 22, 1905 (Ga. L. 1905, p. 335), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2785), an Act approved February 15, 1952 (Ga. L. 1952, p. 2835), and an Act approved March 5, 1957 (Ga. L. 1957, p. 2343), so as to change the amount paid directly to the county commissioners of Tattnall 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 establishing the City Court of Reidsville, approved August 22, 1905 (Ga. L. 1905, p. 335), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2785), an Act approved February 15, 1952 (Ga. L. 1952, p. 2835), and an Act approved March 5, 1957 (Ga. L. 1957, p. 2343), is hereby amended by striking from the first sentence of section 43 thereof the words and figures twenty-five percent (25%) and inserting in lieu thereof the words and figures fifty percent (50%), and further by striking from the third sentence in said section the words and figures seventy-five percent (75%) and inserting in lieu thereof the words and figures fifty percent (50%), so that, as amended, section 43 shall read as follows: Section 43. Be it enacted by the authority aforesaid, that fifty percent (50%) of moneys arising from fines, forfeitures, forfeited recognizances and convict hire arising in said city court, over and above the court costs in case, shall belong to the county commissioners of Tattnall County. It shall be the duty of said city court to keep a record of all such moneys collected, and once every three months, at the beginning of a quarter, he shall make settlement with the county commissioners for the

Page 2847

portion of such moneys in his hands belonging to said county. The remaining fifty percent (50%) of such moneys, shall be paid to the solicitor, the sheriff and the clerk of said court, to be applied on their insolvent cases. Fifty percent (50%) of such remainder shall go to the solicitor, twenty-five percent (25%) to the sheriff, and twenty-five percent (25%) to the clerk. Section 2. The provisions of this Act shall become of full force and effect on and after January 1, 1960. Effective date. Section. 3. All laws and parts of laws in conflict with this Act are hereby repealed. February 7, 1959. This is to certify that the following advertisement has been run in the Tattnall Journal for three consecutive weeks. Beginning January 22, 1959, January 29, 1959, and February 5, 1959. /s/ Russell Rhoden, Editor Tattnall Journal, Reidsville, Georgia Notice of Local Legislation. Notice is hereby given that legislation affecting the City Court of Reidsville will be introduced at the 1959 session of the General Assembly so as to provide that a larger precentage of fines and forfeitures accruing in city court above cost involved in each individual case shall go to the Board of County Commissioners for the purpose of helping defray the expenses involved in operating the City Court of Reidsville, Georgia, Tattnall County. /s/ Wilton Hill, Representative, Tattnall County. Approved March 10, 1959.

Page 2848

CRAWFORD COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 280 (House Bill No. 440). An Act to provide additional compensation for the clerk of the Superior Court of Crawford County, Georgia; to provide the amount of such compensation; to provide how and when such compensation shall be paid; to repeal conflicting laws; to provide effective date, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Clerk of the Superior Court of Crawford County, Georgia, shall, in addition to his regular fees authorized by law, receive a monthly supplemental salary in the amount of one hundred twenty-five ($125.00) dollars, to be paid to said clerk on the first day of each month out of county funds by the board of commissioners of roads and revenues of Crawford County, Georgia. Section 2. The effective date of this Act shall be March 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 I intend to introduce local legislation at the present session of the General Assambly of Georgia to provide for additional compensation for the clerk of the Superior Court of Crawford County, Georgia; to repeal conflicting laws; and for other purposes. This legislation will be subject to the approval of the Board of Commissioners of Roads and Revenues of Crawford County prior to being introduced. /s/ W. T. Jones, Representative.
Page 2849

Georgia, Crawford County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. T. Jones, who on oath, deposes and says that he is representative from Crawford County and that the attached copy of notice of intention to introduce local legislation was published in the Georgia Post which is the official organ of said county, on the following dates: January 22, January 29, February 5. /s/ W. T. Jones, Representative, Crawford County, Georgia /s/ John Scarborough Notary Public, Georgia State at Large My Commission Expires June 11, 1963 (Seal). Approved March 10, 1959. CITY OF ALBANYCHARTER AMENDED, POWERS AND DUTIES OF CITY MANAGER. No. 281 (House Bill No. 448). An Act to amend an Act to create and establish 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 1, 1951 (Ga. L. 1951, p. 2090), an Act approved March 4, 1955 (Ga. L. 1955, p. 2647), and an Act approved March 6, 1956 (Ga. L. 1956, p. 2824), so as to place the personnel and activities of the police and fire departments of said city under the supervision and control of the city manager; to make provisions relative to the employment and dismissal of officers and employees of the police and fire departments; to provide for appeals; to prescribe the procedure connected with the foregoing; to repeal conflicting laws, and for other purposes.

Page 2850

Notice of Intention to Introduce Local Legislation. Section 1. An Act creating a new charter for the City of Albany approved August 18, 1923 (Ga. L. 1923, p. 370), is hereby amended by striking from subsection 3 of section 4 of the Act (p. 380) the words police department and fire department, so that said subsection 3 of section 4 when so amended will read as follows: (3) To remove employees employed by him without the consent of the commission and without assigning any reason therefor; provided, nothing herein shall operate or confer upon the city manager supervision and control over the city board of education, trustees of Carnegie Library, and water, light and gas commission. Be it further enacted by the authority aforesaid: Section 2. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), particularly subsection (i) of section 3 (p. 378), amended by an Act approved February 1, 1951 (Ga. L. 1951, p. 2090), an Act approved March 4, 1955 (Ga. L. 1955, p. 2647), and an Act approved March 6, 1956 (Ga. L. 1956, p. 2824), is hereby further amended by striking the language inserted therein by said Act approved March 6, 1956 (Ga. L. 1956, p. 2824), and inserting in lieu thereof the following: The board of city commissioners shall, on the second Monday in January of every other year, beginning January, 1960, elect a city manager, a city attorney, a city clerk and treasurer (the duties of which two offices shall be performed by one person), a city physician, and, at the pleasure of the board, may elect a police court recorder. All other officers and employees of city, except those specifically excluded in section 1 hereof, shall be appointed by the city manager, and shall not be elected or employed for any specific term, but shall be retained so long as the duties of the job are performed with efficiency, or until discharged as hereinafter provided. Provided, however, that the respective chiefs and other personnel of the police and fire departments employed by

Page 2851

the city manager shall be subject to discharge by him during a probationary period of six months from date of appointment, subject to the approval of the board of city commissioners, with or without cause and without notice or hearing. All such officers and employees of the police and fire departments, who have served the requisite probationary period shall be subject to removal only for cause, and after 24 hours written notice setting forth substantially the cause of complaint. Any person dismissed shall have the right to appeal to the board of city commissioners by filling a written request for a hearing with the city clerk, within 24 hours after service of the written notice hereinabove provided for. Thereafter, within 48 hours of the filing of a request for hearing such employee shall be given written notice of the time and place of hearing. Thereafter the board of city commissioners shall conduct a hearing of such charges, with the right of the employee to be present and to be represented by counsel. If found guilty of the charges contained in the notice of dismissal by a majority vote of the total membership of the board of city commissioners, such employee may be discharged, suspended without further pay or reinstated. Any officer or employee may fail or refuse to demand such hearing and if such hearing is not demanded within the time hereinabove provided same shall be waived. Any officer or employee shall have the right to resign and resignations may be accepted by the city manager. The right of certiorari from the decision of the board of city commissioners shall exist in all cases and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. Be it further enacted by the authority aforesaid: Section 3. That all employes and personnel of the police and fire departments (except the respective chiefs thereof), regardless of the tenure and duration of their prior service as an officer, agent or employee of the city of Albany, shall be deemed to have been originally appointed immediately upon the effective date of this Act, and required to serve the six months probationary period,

Page 2852

as provided in section 2 hereof. Be it further enacted by the authority aforesaid: Section 4. That 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 ensuing 1959 regular session of the General Assembly, a bill to amend an Act to create and establish a new Charter for the City of Albany (Acts 1923, p. 370) so as to more fully define and enlarge the duties and functions of the city manager of said city as provided in section 4 of said charter, so as to put the supervision and control of the functions and personnel of the police and fire departments under said city manager so that the personnel and employees of the police and fire departments will be subject to the same rules, regulations and provisions as those provided for all other city employees, not specifically exempted from the supervision of the city manager in the charter. Dated, this the 9th day of January, 1959. George D. Busbee Colquitt H. Odom Georgia, Fulton County. In person before the undersigned attesting officer duly authorized under the laws of this state to administer oaths, came George D. Busbee and Colquitt H. Odom, who being duly sworn on oath, depose and say that they are the joint authors of the bill described in the foregoing notice and that said notice of local legislation was duly published in the Albany Herald, a newspaper in which the sheriff's legal advertisements are published for Dougherty County, Georgia, once a week for three consecutive weeks, to-wit: January 10th, 17th and 24th, 1959, preceding the introduction of said bill in the General Assembly of Georgia. George D. Busbee Colquitt H. Odom
Page 2853

Sworn to and subscribed before me, this 9th day of February, 1959. Amelia Smith Notary Public, Fulton County, Georgia. My Commission expires October 4, 1960. (Seal). Approved March 10, 1959. DOUGLAS COUNTYFIRE DISTRICT CREATED. No. 282 (House Bill No. 450). An Act to create a fire district in Douglas County; to provide the boundaries of such district; to authorize said county to levy a tax upon the property in such district; to provide that the funds collected shall be used only for fire prevention purposes in such district; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in Douglas County a fire protection district. Said district shall be that area within a circle, the radius of which is one and one-half (1) miles; the center of which is the center of the intersection of Sweetwater Road and the main line of the Southern Railroad in that area in Douglas County known as Lithia Springs, excluding that area within said circle not in Douglas County and also excluding that area within said circle bound as follows: From the point where the perimeter of the circle above described intersects the east side of the Bankhead Highway; thence, southwest along the east side of Bankhead Highway until it intersects Limit Street; thence, west along the south side of Limit Street until it intersects Hotel Street; thence, north along the west side of Hotel Street until it intersects the county line; thence, east along the county line until it intersects the perimeter of the above-referenced circle; thence, south along the perimeter of said

Page 2854

circle until it intersects the east side of the Bankhead Highway. Section 2. The governing authority of Douglas County is hereby authorized to levy a tax, not exceeding 6 mills, upon the value of the taxable property, less homestead exemptions, in the above-described fire district to be used as said authority directs only in the above-described district for fire prevention purposes. Tax. Section 3. In the event the above area is incorporated as a municipality, this Act will no longer be of any force and effect. 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 of intention to introduce local legislation to provide for a fire district for the community of Lithia Springs, to provide for limits of said district, and for other purposes. /s/ A. A. Fowler, Jr. A. A. Fowler, Jr. Representative, Douglas County, Georgia. Georgia, Douglas County. The undersigned does hereby certify that he is the representative from Douglas County and that the aforesaid notice was advertised in the Douglas County Sentinel, a newspaper in which sheriff's advertisements for Douglas County are published, on January 15, 1959, January 22, 1959, and January 29, 1959. A. A. Fowler, Jr., Representative, Douglas County, Georgia
Page 2855

Sworn to and subscribed before me this 9th day of February, 1959. Amelia Smith Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. (Seal). Approved March 10, 1959. CITY OF VALDOSTACORPORATE LIMITS. No. 283 (House Bill No. 451). An Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, approved November 21, 1901 (1901 Ga. L., pp. 670 to 688, inclusive), and Acts amendatory thereof; to alter, relocate and redefine the corporate limits of said city; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia, approved November 21, 1901, incorporating the City of Valdosta (1901 Ga. L., p. 670, et seq.), together with the Acts amendatory thereof, be and the same is hereby amended as follows: Section 1. The corporate limits (territorial limits) of the City of Valdosta in the County of Lowndes are hereby altered, relocated and redefined so that from and after the passage of this Act the said corporate limits shall be defined, located and described as follows: Beginning at the point where the east margin of the right-of-way of the Georgia Florida Railroad main line intersects the north margin of the right-of-way of Georgia State Highway No. 31 (East Park Avenue); thence running westerly along the north margin of said highway right-of-way to its intersection with the north margin

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of the old Lakeland Road; thence running westerly along the north margin of said Lakeland Road to the east margin of North Forrest Street; thence running northerly along the east margin of North Forrest Street to a point 2037 feet northerly from the north margin of Pineview Drive; thence running south 88 degrees 30 minutes west 693 feet; thence running south 1 degree east to the north margin of Pineview Drive; thence running westerly along the north margin of Pineview Drive to a point 140 feet east of Dukes Avenue; thence northerly and parallel with Dukes Avenue a distance of 239 feet; thence south 89 degrees 10 minutes east 160 feet; thence north 11 degrees 15 minutes east 240 feet; thence north 89 degrees 10 minutes west 150 feet; thence north 11 degrees 15 minutes east 80 feet; thence north 89 degrees 10 minutes west 170 feet to the center line of Dukes Avenue; thence south 11 degrees 15 minutes west along the center line of Dukes Avenue to the north margin of Pineview Drive; thence westerly along the north margin of Pineview Drive to the east margin of Bemis Road; thence running northerly along the east margin of Bemis Road to the original north line of land lot number 80 in the 11th land district of said County; thence running westerly along the original north line of said lot number 80 to the original northwest corner of said lot number 80; thence running south 70 degrees 02 minutes west a distance of 495.6 feet; thence running south 70 degrees 23 minutes west to the east margin of the right-of-way of North Ashley Street (U.S. Highway No. 41); thence running westerly to the center of the intersection of Oak Street and Eager Road; thence running westerly along the center line of Eager Road to a point 300 feet westerly from the west margin of Oak Street (measured perpendicular to Oak Street); thence running southerly parallel with and 300 feet westerly from the west margin of Oak Street to a point 175 feet northerly from the center line of Canna Drive (measured perpendicular to Canna Drive); thence running south 89 degrees west 2473 feet; thence running north 2 degrees 02 minutes east 1523 feet to the center line of Eager Road; thence westerly along the center line of

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land lot number 34 in the 11th land district of said county; thence northerly along said original land lot line to the north margin of Eager Road; thence south 89 degrees 10 minutes west a distance of 657 feet; thence north 28 degrees 21 minutes west a distance of 1055 feet; thence north 89 degrees 10 minutes west 688 feet; thence south 00 degrees 10 minutes west a distance of 595 feet to the center of the run of Two Mile Branch; thence running westerly along the meanderings of the center of the run of Two Mile Branch to its intersection with the center of the run of another certain branch known as Sugar Creek; thence running southerly and up and along the center of the run of said Sugar Creek to the west margin of the right-of-way of the Georgia, Southern, Florida Railroad; thence running southerly along the west margin of said railroad right-of-way to the south margin of Bay Tree Road; thence running easterly along the south margin of Bay Tree Road to its intersection with the west margin of Melody Lane; thence running southerly along the west margin of Melody Lane to the southern end of Melody Lane; thence running due south to the center of the run of One Mile Branch; thence running westerly along the meanderings of the center of the run of said One Mile Branch to the west margin of Gordon Street; thence running north 33 degrees 37 minutes west along the west margin of Gordon Street a distance of 469 feet; thence running south 40 degrees west 216 feet to the east margin of the right-of-way of the Georgia Southern Florida Railroad; thence running north along said east margin of said railroad right-of-way a distance of 765 feet; thence running south 40 degrees west to the center of the run of One Mile Branch; thence running southerly and easterly along the meanderings of the center of the run of said One Mile Branch to the west margin of the right-of-way of said Georgia Southern Florida Railroad; thence running southeasterly along said west margin of said last mentioned railroad right-of-way to the west margin of Hightower Street; thence running southerly along the west margin of Hightower Street to the south margin of River Street; thence running

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southerly to a point on the north margin of the old V.M.W. Railroad right-of-way 960 feet easterly from the east margin of Stanley Street (measured along the north margin of said railroad right-of-way); thence running westerly along the north margin of said right-of-way to the west margin of Stanley Street; thence running southerly along the west margin of Stanley Street to the north margin of the right-of-way of West Hill Avenue (U. S. Highway No. 84); thence running due south to the south margin of the right-of-way of West Hill Avenue; thence running easterly along the south margin of the right-of-way of West Hill Avenue to its intersection with the west margin of Stanley Street; thence running southerly along the west margin of Stanley Street to the southern margin of Dukes Bay Drainage Canal; thence running easterly along the southern margin of Dukes Bay Drainage Canal to the east margin of Myddleton Avenue; thence running southeasterly in a straight line to a point on the west margin of the right-of-way of Valdosta Southern Railroad main line which point is located twelve hundred thirty-seven and six-tenths (1237.6) feet northerly from the center line of the Old Clyattville Road (measured along the west margin of the last mentioned railroad right-of-way); thence running southeasterly in a straight line to a point on the center line of Old Clyattville Road 367 feet westerly from the center line of the Georgia Southern Florida Railroad, Palatka Division; thence running southeasterly parallel with the last mentioned railroad to the center line of a certain railroad side tract located in the yards of The Langdale Company (which side tract intersects the southern margin of the Georgia Southern Florida Railroad right-of-way at a point approximately 980 feet from the west margin of the right-of-way of Georgia State Highway No. 31, measured along the south margin of said Georgia Southern Florida Railroad right-of-way); thence running southerly along the center line of said railroad side tract to its intersection with the east margin of the right-of-way of the Valdosta Southern Railroad; thence running southerly along the east margin of said last mentioned right-of-way

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to the original south line of land lot number 63 in the 11th land district of Lowndes County, Georgia; thence running easterly along said south line of said lot number 63 a distance of 276.5 feet; thence running north 1 degree west a distance of 316.1 feet; thence running north 89 degrees east to the west margin of the right-of-way of Madison Highway (Ga. State Highway No. 31); thence running northerly to the intersection of the east margin of said Madison Highway and the south margin of the new paved road which leads to said Madison Highway from a point on the west side of U. S. Highway No. 41 immediately north of the State Farmer's Market property in said county; thence running easterly along the southern margin of said new paved road to the east margin of the right-of-way of the Georgia Southern Florida Railway, Palatka Division; thence running southeasterly along the east margin of said last mentioned right-of-way to the southernmost corner of the State Farmer's Market property in said county; thence running north 40 degrees 32 minutes east seven hundred forty-seven (747) feet; thence running southeasterly parallel with the west margin of the right-of-way of U. S. Highway No. 41 (South Patterson Street) a distance of three hundred (300) feet; thence running north 40 degrees 32 minutes east to the east margin of the last mentioned highway right-of-way; thence running northerly along the east margin of said U. S. Highway right-of-way to the east margin of South Lee Street; thence running northerly along the east margin of South Lee Street to the south margin of the right-of-way of Georgia State Highway No. 94; thence running easterly along the south margin of said State Highway No. 94 right-of-way to the original east line of land lot number 76 in the 11th land district of said county; thence running northerly along the east original lines of said lot number 76 and land lot 77 and 78 in said land district to the south margin of the right-of-way of the A. C. L. Railroad; thence running easterly along the southern margin of the last mentioned railroad right-of-way to the original west line of land lot number 153 in the 11th land district of said county; thence running northerly

Page 2860

along the course of the said west line of said land lot number 153 to the center of the run of Knight's Creek; thence running in a general westerly direction up the meanderings of the center of the run of Knight's Creek to the original east line of the land lot number 106 in the 11th land district of said county; thence running due west to the east margin of the right-of-way of the Georgia Florida Railroad; and thence running northerly along the east margin of said Georgia Florida Railroad right-of-way to the north margin of the right-of-way of Georgia State Highway No. 31 and the point of beginning. Provided, however, that there is excepted and excluded from the territory with the corporate limits of said city the following described area, to-wit: Beginning at the intersection of the west margin of South Patterson Street (U. S. Highway No. 41) in Lowndes County, Georgia, with the south margin of Dampier Street, and from said intersection running westerly along the south margin of Dampier Street approximately 975 feet to the center of a drainage ditch or canal; thence running southerly along the center of said drainage ditch to the north margin of the right-of-way of a new paved street or road lying immediately north of the State Farmer's Market in said county; thence running easterly along the north margin of the right-of-way of said new street or road to the west margin of the right-of-way of U. S. Highway No. 41; thence running northerly along the west margin of the right-of-way of said U. S. Highway No. 41 to a point 78 feet northerly from the north margin of Lela Avenue (measured along the west margin of the right-of-way of said U. S. Highway No. 41); thence running southwesterly at right angles with said highway right-of-way a distance of four hundred sixty feet; thence running northwesterly parallel with said highway right-of-way a distance of sixty feet; thence running northeasterly perpendicular to said highway right-of-way four hundred sixty feet to the west margin of said highway right-of-way; thence running northwesterly along the west margin of said highway right-of-way to

Page 2861

the south margin of Dampier Street and the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. There is attached hereto and made a part of this Act a copy of the published notice of intention to apply for the passage of this Act and a certificate of the publisher of The Valdosta Daily Times, the newspaper in which sheriff's advertisements for Lowndes County are published, certifying that said copy is true and correct and that the same has been published as provided by law. 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 19th and 26th days of December, 1958 and on the 2nd day of January, 1959; 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. E. M. Turner Sworn to and subscribed before me, this 7th day of February, 1959. Hazel Pollard, Notary Public, Lowndes County, Ga. My Commission expires March 14, 1959. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the 1959 session of the General Assembly of Georgia

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for the passage of a bill amending the charter of the City of Valdosta, which bill shall be entitled as follows: A bill entitled: An Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said City, approved November 21, 1901 (1901 Ga. L., pp. 670 to 688, inclusive), and Acts amendatory thereof; to alter, relocate and redefine the corporate limits of said City; and for other purposes. Henry T. Brice City Attorney Approved March 10, 1959. CITY OF VALDOSTAAMOUNT OF FINES IN RECORDER'S COURT. No. 284 (House Bill No. 452). An Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said City, approved November 21, 1901, (1901 Ga. L., pp. 670 to 688, inclusive), and Acts amendatory thereof: To increase from two hundred dollars to five hundred dollars the amount of fine which may be imposed by the mayor's (recorder's) court in the trial of offenders against ordinances, rules, regulations and by-laws of the City of Valdosta; 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 (1901 Ga. L. pp. 670, et seq.), together with the Acts amendatory thereof, be and the same is hereby amended as follows: Section 1. The Act of the General Assembly of Georgia,

Page 2863

approved November 21, 1901, incorporating the City of Valdosta (Acts 1901, page 670, et seq.), together with the Acts amendatory thereof, is hereby amended by striking in its entirety section 10 and inserting in lieu thereof a new section 10, to read as follows: Sec. 10. The mayor, or in his absence 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 ordinances, a mayor's court for said city for the trial of offenders against ordinances, rules, regulations and by-laws of said city, and impose such penalties therefor, not exceeding a fine of five hundred dollars, or labor on the streets of said city, or public works of said city, or confinement in the calaboose or guardhouse, not to exceed ninety days, said fine to be collected by execution issued by the clerk of the council against the estate, both real and personal, of the offender. Section 2. Be it further enacted, that all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Section 3. There is attached hereto and made a part of this Act a copy of the published notice of intention to apply for the passage of this Act and a certificate of the publisher of The Valdosta Daily Times, the newspaper in which sheriff's advertisements for Lowndes County are published, certifying that said copy is true and correct and that the same has been published as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the 1959 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Valdosta, which bill shall be entitled as follows: A Bill entitled: An Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, approved

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November 21, 1901, (1901 Ga. L. pp. 670 to 688, inclusive), and Acts amendatory thereof; to increase from two hundred dollars to five hundred dollars the amount of fine which may be imposed by the mayor's (recorder's) court in the trial of offenders against ordinances, rules, regulations and by-laws of the City of Valdosta; and for other purposes. Henry T. Brice City Attorney Georgia, Lowndes County. I, E. M. Turner, do hereby certify and on oath deposes 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 9th, 16th and 23rd days of January in the year 1959; 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. E. M. Turner Sworn to and subscribed before me, this 7th day of February, 1959. Hazel Pollard Notary Public, Lowndes County, Ga. My Commission expires March 14, 1959. (Seal). Approved March 10, 1959.

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TOWN OF CADWELLCHARTER AMENDED. No. 285 (House Bill No. 453). An Act to amend an Act incorporating the Town of Cadwell, in Laurens County, approved August 12, 1914 (Ga. L. 1914, pp. 499-521), as amended, so as to increase the number of the Town's Council from four to five members; to change the date of the election of the mayor and council of said town; to provide that they be elected for staggered terms, effective for the year 1960; to provide that thereafter the mayor and council be elected for two-year terms; to extend the corporate limits of said town by correcting and reenacting an Act approved March 4, 1955 (Ga. L. 1955, pp. 2616-2618), extending said town's corporate limits; 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 incorporating the Town of Cadwell, in Laurens County, approved August 12, 1914 (Ga. L. 1914, pp. 499-521), as amended, be and is hereby amended by striking section 4 of the original Act of 1914 in its entirety, and substituting in lieu thereof the following provisions: Section 2. The governing authority of the Town of Cadwell shall consist of a mayor, and a council composed of five members, who shall be elected and shall serve for the terms as hereinafter provided. Mayor and council. Section 3. On the first Tuesday in December 1959, and biennially thereafter on the same day, an election shall be held for mayor and two councilmen, each of whom shall serve for a term of two years, beginning January 1, 1960. The candidates shall designate the respective offices which they seek, and the candidate for mayor who receives the largest number of votes shall be declared elected, and the two candidates receiving the largest number of votes for councilmen shall be declared

Page 2866

elected to said offices, each respectively, for the aforesaid terms, and until their successors have been elected and qualified. Terms, etc. Section 4. On the first Tuesday in December 1959, an election shall be held for the election of three councilmen, each of whom shall serve for a term of one year, beginning January 1, 1960; and the three candidates receiving the largest number of votes for councilmen shall be declared elected to these offices for the aforesaid terms, each respectively, and until their successors have been elected and qualified. Same. Section 5. On the first Tuesday in December 1960, and biennially thereafter on the same day, an election shall be held for the election of three councilmen, each of whom shall serve for a term of two years, beginning January 1, 1961. The three candidates receiving the largest number of votes for councilmen shall be declared elected to these offices for the aforesaid terms, each respectively, and until their successors have been elected and qualified. Same. Section 6. The purpose of the foregoing provisions is to stagger the terms of the mayor and councilmen, so that the mayor and two councilmen shall be elected for terms of two years, each respectively, in each odd-numbered year hereafter; and after the 1959 election, the three other councilmen shall be elected for terms of two years, each respectively, in each even-numbered year hereafter. Intent. Section 7. Be it further enacted by the authority aforesaid, that all elections for mayor and councilmen, as hereinbefore provided, shall be held at the town hall in the Town of Cadwell, or in such public building as may be used or designated by the mayor and council as the town hall; and if there be no such town hall, the election shall be held at the place where State and county elections are held in and for the Cadwell District or precinct, of Laurens County; and in no event shall such an election be held in the store, private office or private

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quarters of any citizen of said town. All such elections shall be conducted under the provisions of state law applicable to and governing the election of members of the General Assembly of Georgia, and the polls shall be opened at 7:00 o'clock, a. m., and remain open until 7:00 o'clock, p. m., as now provided by the general law of this State. All provisions of section 5 of the original Act of 1914 in conflict herewith are hereby repealed pro tanto. Elections. Section 8. Be it further enacted by the authority aforesaid, that the aforesaid Act incorporating the Town of Cadwell, as amended, be and is hereby amended by striking section 2 of said original Act in its entirety, and substituting in lieu thereof a new section 2 providing as follows: Section 2. The corporate limits of the Town of Cadwell shall encompass an area of two thousand (2000) yards square with the center of said square being the intersection of Burch and Dexter Streets in said town. Said area shall be the same as that set out in a plat recorded in plat book 2, page 498, in the office of the clerk of the Superior Court of Laurens County, Dublin, Georgia, recorded December 2, 1954. Corporate limits. The purpose of this section is to correct and re-enact the provisions of an Act approved March 4, 1955 (Ga. L. 1955, pp. 2616-2618), extending the corporate limits of the Town of Cadwell exactly as hereinabove provided. Section 9. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and are hereby repealed. State of Georgia, Laurens County. I, W. H. Champion, do certify that I am editor, general manager and publisher of the Dublin Courier-Herald, a newspaper in which the sheriff's advertisements for Laurens County are published, being the official organ for Laurens County; and I further certify that the following

Page 2868

notice of intention to apply for and introduce a local bill affecting the Town of Cadwell, in Laurens County, Georgia, to-wit: Notice of Intention to Apply for and Introduce Local Bill Affecting Town of Cadwell. Upon the request of the mayor and council of the Town of Cadwell, notice is hereby given that a local bill will be applied for and introduced by the undersigned at the 1959 session of the General Assembly of Georgia for the purpose of amending the charter of said municipality, as granted by an Act approved August 12, 1914 (Ga. L. 1914, pp. 499-521), in the following particulars: To increase the Town's Council from four to five members, to change the date of the election of the mayor and councilmen of said town, to provide that they be elected for staggered terms effective for the year 1960, to provide that thereafter the mayor and council be elected for two-year terms; and for the further purpose of extending the corporate limits of said town by correcting and re-enacting the Act approved March 4, 1955 (Ga. L. 1955, pp. 2616-2618) extending said town's corporate limits; and for other purposes. This 16th day of January, 1959. Harry E. Green, W. H. Lovett, Representatives of Laurens County, Georgia. was duly and regularly published in the Dublin Courier-Herald once a week for three weeks during the period of the past 60 days, to-wit: On Saturday, January 17, 1959; Saturday, January 24, 1959, and Saturday, January 31, 1959. Certified this February 2, 1959: W. H. Champion.
Page 2869

Executed by W. H. Champion in the presence of and witnessed by: Sara E. Smith, Notary Public, Laurens County, Georgia. My Commission Expires Dec. 28, 1960. (Seal). Approved March 10, 1959. CITY COURT OF CARROLLTONOFFICE OF JUDGE EMERITUS CREATED, FUNDS TO BE PAID TO CARROLL COUNTY. No. 286 (House Bill No. 454). An Act to amend an Act establishing a City Court in the City of Carrollton, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, so as to create the office of judge emeritus of said court; to provide for the appointment of persons to such office; to provide for the compensation and duties of persons so appointed; to provide for the term of such office; to provide for the payment out of the fines and forfeitures arising in said court a specified sum into the treasury of Carroll County, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the Generl Assembly of Georgia: Section 1. An Act establishing a City Court in the City of Carrollton, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, is amended by inserting following section 4 thereof a new section which shall be known as section 4A, which reads as follows: Section 4A. There is hereby created the office of Judge Emeritus of the City Court of Carrollton. Any person who has served two (2) terms as Judge of the City Court of Carrollton, and shall be serving a term as judge, and shall be sixty-five years of age, shall be

Page 2870

eligible to be appointed to the office of Judge Emeritus. Such person shall submit to the Governor his resignation in writing as Judge of the City Court of Carrollton, and the Governor shall appoint such person judge emeritus for the remainder of his unexpired term. It shall be the duty of the judge emeritus to consult with the judge and the solicitor of the City Court of Carrollton and advise them. A judge emeritus of the City Court of Carrollton shall be compensated in the sum of one hundred and fifty dollars ($150.00) per month, payable from the funds of Carroll County. Section 2. Said Act is further amended by inserting following section 33 thereof a new section to be entitled section 33A which shall read as follows: Section 33A. After the passage of this Act there shall be paid out of the fines and forfeitures arising in said court into the treasury of Carroll County, Georgia to be used to partially defray the cost of the operation of said court the following specified sums: On all cases in which there is a fine of $15.01 to $25.00 the sum of $2.00 to be paid into treasury of said county. On all fines from $25.01 to $50.00 the sum of $3.00 to be paid over to the county. All fines from $50.01 to $100.00 the sum of $5.00 to be paid over to the county. On all fines from $100.01 the sum of $50.00 to be paid over to the county. 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, 1959, Session of the General Assembly of Georgia, a Bill to create the position of Judge Emeritus of the City Court of Carrollton; the payment of a portion of the fines and forfeitures arising in said Court into the treasury of Carroll County, Georgia; and for other purposes.

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Georgia, Carroll County: Personally appeared before me, an officer authorized to administer oaths, Stanley Parkman, editor and publisher of the Carroll County Georgian, the local organ of Carroll County, Georgia, who after being duly sworn deposes and says that the foregoing legal advertisement appeared in the Carroll County Georgian on January 22, January 29 and on February 5, 1959. This 6th day of February, 1959. Stanley Parkman. Sworn to and subscribed before me, this 6th day of February, 1959. Patricia Hughes, Notary Public. Approved March 10, 1959. CITY OF LITHIA SPRINGSCHARTERED, REFERENDUM. No. 287 (House Bill No. 455). An Act to incorporate the community in Douglas County, Georgia, known as Lithia Springs, to be incorporated under the name of City of Lithia Springs, to define the name, stye and corporate limits of said city; to provide for the general powers of said municipality; to provide for a mayor and councilmen, their powers, duties and functions; to provide for the meetings of the city council, the eligibility requirements of the mayor and councilmen; to provide for the compensation of said mayor and councilmen; to provide for elections; to provide for the filling of vacancies in the offices of mayor and councilmen; to provide for the taking of office by said officials and the oath in connection therewith; to provide for tie elections in said city; to

Page 2872

provide for qualification and registration of voters in said city; to provide for ad valorem taxation by said city, and the procedure in connection therewith; to provide for licensing and regulation of trades and occupations; to provide for the maintenance and construction of streets, roads and sidewalks in said city; to provide for the maintenance and establishment of utility systems in said city; and the collection of charges in connection therewith; to provide for the creation and alteration of a fire district in said city; to provide for condemnation of private property by said city; to provide for planning and zoning regulations in said city; to authorize said city to contract debts and issue bonds; to expressly enumerate certain powers of said city; to provide that the powers enumerated in this Act shall not be restrictive; to provide restrictions upon the sale of property by said city; to provide that said city shall operate upon a cash basis, and that all debts for current operating expenses shall be paid in the fiscal year in which incurred; 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. That from and after the passage and adoption by referendum of this Act, the inhabitants of the territory hereinafter described are hereby incorporated under the name and style of the City of Lithia Springs. Said City of Lithia Springs as a municipality shall have perpetual succession and is vested with the right to contract and be contracted with, to plead and be impleaded, to buy, own, enjoy and sell property of all kinds, and to have and use a common seal and do all other things and acts as may be necessary or needful to exercise such rights, powers, function, privileges and immunities as ordinarily belongs to municipal corporations generally under the law, as well as those hereinafter enumerated. Said corporate body under the name and style of the City of Lithia Springs shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise to receive, hold, possess, enjoy

Page 2873

and retain in perpetuity or for any term of years, or dispose of in any manner known to law any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of said city for corporate purposes, subject to the restrictions contained in this Act. Said city shall have the right to adopt such ordinances, rules, regulations and resolutions for the welfare and proper government of the city and for the transaction of the business thereof as may be deemed good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States. Incorporated. Section 2. The corporate limits of the City of Lithia Springs shall include all that area within a circle, the radius of which is one and one-half (1) miles, the center of which is the center of the intersection of Sweetwater Road and the main line of the Southern Railroad in said city, excluding that area within said circle not in Douglas County and also excluding that area within said circle bound as follows: From the point where the perimeter of the circle above described intersects the east side of the Bankhead Highway; thence, southwest along east side of Bankhead Highway until it intersects Limit Street; thence, west along the south side of Limit Street until it intersects Hotel Street; thence, north along the west side of Hotel Street until it intersects the county line; thence, east along the county line until it intersects the perimeter of the above-referenced circle; thence south along the perimeter of said circle until it intersects the east side of the Bankhead Highway. Corporate limits. Section 3. The government of the City of Lithia Springs shall be vested in a mayor and five (5) councilmen to be called the City Council to be elected as hereinafter provided. (A) The mayor shall be the chief executive officer of the city; and have general supervision of the affairs of said city; and shall see that the laws of said city are executed and the officers of said city are faithful in the discharge of their duties. He shall cause the books and

Page 2874

records of said city and of its officers to be inspected; and shall have control of the marshal and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise within the corporate limits of said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. He shall have the right to hire all city employees subject to the approval of the council, and he may discharge any city employee without the necessity of obtaining approval of the council. Mayor and councilmen. (B) The council of the City of Lithia Springs shall be the legislative body. It may pass all ordinances for the government of the city. Ordinances shall be proposed and read at a regular meeting of the council, and shall not be passed until the next regular meeting. The mayor may veto any ordinance passed by the council, in which event such ordinance shall become null and void unless it shall be repassed by four (4) members of the council. The council shall fix an annual budget for the city and approve all expenditures made by the city. The council, upon the advice of the mayor, shall prescribe the compensation for all city employees. (C) The mayor shall appoint annually, subject to the approval of the council, a city clerk and a city treasurer, who shall serve for a term of one (1) years. The city clerk and the city treasurer may be the same person. He also may appoint such other city employees as may be necessary for the efficient operation of the city, subject to the approval of the council. The treasurer of said city and all other officials and employees of the city who shall sign city checks or handle city money shall be bonded in such amount as may be deemed wise by the city council. Section 4. The council shall meet in regular session upon the second Monday in each month. Special meetings

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of the council may be called at any time by the mayor or by a majority of the members of the council. The mayor shall preside over all meetings of the council, but shall have no vote. At the first regular meeting of the council following the regular election of new members thereof, the council shall elect one (1) of its members as a mayor pro tem. who shall, in the event of the disability or disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor. Council meetings. Section 5. To be eligible to be mayor of the City of Lithia Springs, a person shall be at least twenty-five (25) years of age, the owner of real property in the corporate limits of said city, shall have resided in the area known as the City of Lithia Springs a period of at least two (2) years and shall be a registered, qualified voter of the State of Georgia and of the City of Lithia Springs. To be eligible to be a member of the council of said city, a person must be at least twenty-one (21) years of age, a resident of the area known as the City of Lithia Springs for a period of at least one (1) year and a registered, qualified voter of the State of Georgia and the City of Lithia Springs. Should the mayor or any councilman during his or their term of office remove his residence from the limits of said city or cease to be a bona fide resident thereof, his or their office shall thereby become vacant. Mayor. Councilmen. Section 6. The mayor of the city shall be compensated not to exceed the sum of fifty dollars ($50.00) a year, plus mileage and expenses incurred on official business, said mileage and expenses to be approved before payment by the city council. The members of the council shall be compensated, not to exceed the sum of twenty-five dollars ($25.00) a year, payable annually. The salaries paid the mayor and members of the council the following year shall be set each year at the regular November meeting of the council, but in no event shall exceed the limit set forth above. Salaries. Section 7. The City of Lithia Springs shall be divided into four (4) wards, as follows:

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Ward 1 will be that area bounded on the north by Bankhead Highway, on the east by the city limits and on the south and west by Sweetwater Street. Ward 2 will be that area bounded on the east by Sweetwater Street, on the south and west by the city limits and on the north by Bankhead Highway. Wards. Ward 3 will be that area bounded on the east by Mozley Street or Hayes Bridge Road, on the south by Bankhead Highway, on the west by the city limits and on the north by the county line. Ward 4 will be that area bounded on the east by the city limits, on the south by Bankhead Highway, on the west by Mozley Street or Hayes Bridge Road, and on the north by the county line. Section 8. The first election for mayor and councilmen of said city held under this Act shall be held on Wednesday, May 20th, 1959. At that time there shall be elected a mayor and one councilman from the city at large and one councilman from each of the four wards set forth above. Those desiring to declare for ward councilmen shall so declare and shall be a bona fide resident of that said ward, but shall still be voted on in a city-wide basis the same as the mayor and councilman at large. The city-wide councilman and the two ward councilmen receiving the highest number of votes shall serve for the remainder of the year 1959 and for two additional calendar years, and shall take office on June 1, 1959 and serve until December 31, 1961 or until their successors are elected and qualified. The mayor and the two other councilmen shall take office on June 1, 1959, and serve until December 31, 1960, or until their successors are elected and qualified. After the first election to be held on May 20, 1959, there shall be an annual election on the first Wednesday in December of each year for the mayor and the councilmen of the City of Lithia Springs whose term expires in said year. All persons elected at such election shall take office on January 1, next following their election and serve for a term of

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two (2) years, or until their successors are elected and qualified. To be eligible to run for the office of mayor and councilmen of said city, a person shall qualify with the city clerk of said city, or in the case of the first election, that person appointed by the Ordinary of Douglas County for said purpose, between April 22 and noon May 5 for the elections to be held in that year. Elections. Section 9. In the event that the office of mayor or of councilman of the City of Lithia Springs should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than forty (40) days from the time such vacancy occurs under the same rules and regulations that govern regular elections in said city. The clerk of said city shall cause notice of the holding of such election, and the time and place thereof, to be published once a week for two (2) weeks prior to said election in the newspaper in which sheriff's advertisements for Douglas County are published. In the event such vacancy in the office of mayor occurs within six (6) months preceding the expiration of term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tem. for the remainder of the term; and provided, further, in event such vacancy should occur within six (6) months prior to a regular annual election to be held on the first Wednesday in December, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor pro tem., who shall serve until such regular annual election, and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. To be eligible for election in any special election authorized by this section, a person shall qualify with the city clerk not less than ten (10) and not more than twenty (20) days prior to the date of the election. In the event that the council cannot for want of a quorum or any other reason call the elections authorized by this section, it shall be the duty of the Ordinary of Douglas County to issue the call for the elections. Vacancies. Section 10. The mayor and councilmen first elected

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under this Act shall take office on June 1, 1959. The mayor and councilmen elected at subsequent elections in said city shall take office on January 1 of the year following the year of their election. The mayor and councilmen shall be installed in their office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of the City of Lithia Springs; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof. Oath. And on the first of January each year thereafter, the mayor and councilmen elect, or councilmen elect, shall be installed in office by taking and subscribing said oath. If any such officers fail to be installed on that day, such installation shall take place as soon thereafter as practicable. Section 11. Should any election held in and for said city under the provisions of this Act result in a tie vote, then in that event, the council of said city shall call a special election within ten (10) days; and said special election shall be held in the same manner as any other election, except that no person shall be a candidate in said special election other than those who received the same number of votes in the prior election; and no person shall be allowed to vote in said special election unless he or she shall have been qualified to vote in the regular election held just prior to said special election. Special election. Section 12. No person shall be allowed to vote in any election held in said city, except he or she be eligible under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly from the County of Douglas, and unless he shall have bona fide and continuously resided in the area known as the City of Lithia Springs, as a citizen thereof, for

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three (3) months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Voters. Section 13. There shall be established in the City of Lithia Springs created by this Act a permanent registration system of the qualified voters of said city: (a) By November 21, 1959, the mayor and council of said city shall provide a suitable book or books for the permanent registration of qualified voters of said city. On or near the first page of each such permanent registration books shall be printed or placed the oath prescribed by subsection (C) of this section. Voter registration. (B) The clerk of said city or any deputy clerk employed in office of said clerk, shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are prvided, and shall cause notice of such facts to be published in one (1) issue of the newspaper in which sheriff's advertisements for Douglas County are published. Said clerk or deputy clerk shall keep said books open for registration of qualified voters at all times when the said clerk's office is open for business, except during the period next preceding the date of any election in said city, when all candidates in such election shall have qualified. (C) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz.: I do solemnly swear that I am eighteen (18) years of age (or will be by the time of the next City election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Douglas, and that I have bona fide and continuously resided in the City of Lithia Springs, as a citizen thereof for three (3) months (or will have by the time of the next City election).

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The clerk or deputy clerk shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the clerk or deputy clerk, who shall immediately thereafter enter at the places provided the age, sex and race of each person registering. (D) No person registering as herein provided, or who is now registered, shall be required to again register as a qualified voter of said city, so long as he or she remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city. (E) Whenever any election is to be held in and for said city, the said registration books are to be closed at the time when candidates for such election may no longer qualify and delivered to the mayor of said city, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three (3) in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the limits of said city, or who are otherwise disqualified for any lawful cause; provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the hearing as to such disqualification, and shall be served on each person at least twelve (12) hours before the time of such hearing (leaving at most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed

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to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records, and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' list the names of all persons found to be decreased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One (1) copy shall be retained, and two (2) copies shall be filed with the clerk of said city, one (1) of which shall be open to inspection during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least two (2) days before said election. (F) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar or a majority of the registrars, that his name was omitted therefrom by accident or mistake. (G) The City of Lithia Springs shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters. It shall also fix the compensation to be paid by the city to such registrar or registrars, and may designate the clerk of said city to act as a registrar or as one of the registrars provided for under this section if they deem proper. Section 14. There shall be established in the City of Lithia Springs created by this Act a mayor's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. Mayor's court.

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(A) Said court shall be held as often as necessary for the trial of offenders. The mayor shall preside over said court and perform the duties thereof. The clerk of the city shall act as clerk of the court, and the chief police officer of the city or other police officers shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinances of said city or by the orders of the mayor. (B) The jurisdictional limits of said court shall include the corporate limits proper of said city; and said court shall have jurisdiction to try offenses against the laws and ordinances of said city, committed within the said jurisdictional limits. (C) The mayor, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding twenty-five ($25.00) and imprisonment in the prison of said city not to exceed ten (10) days, either or both, in the discretion of said court. (D) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding one hundred ($100.00) and to imprisonment in the prison of said city or in the common jail of Douglas County, not exceeding thirty (30) days, and to work and labor in the city chaingang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding thirty (30) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (E) All cases made in said court shall be in the name

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of the City of Lithia Springs; all warrants for offenses against the laws and ordinances of said city shall be signed by the mayor of the said city, or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the clerk, deputy clerk, if one should be elected or employed, or marshal, and shall bear teste in the name of the mayor. (F) The mayor shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court, and where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Douglas County for trial, to assess bail for his appearance, and to commit to the jail of Douglas County, in default of bond. (G) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any nonresident subpoenaed by a defendant. (H) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty (30) days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be

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enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said city. Said court shall have power to issue warrants for the re-arrest of any defendant whose bond has been forfeited. (I) Said court shall have full power and authority, and the council is hereby empowered to adopt, such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. Section 15. The mayor and councilmen shall have power to levy and collect a tax upon all property within the limits of the municipality, provided that said tax shall not exceed ten (10) mills upon the value of said property. Taxes. Section 16. All persons owning property in said city shall be required to make a return under oath, annually, to the board of tax assessors of said city of all their property, subject to taxation by said city, as of January 1 of each year; and the books for recording same shall be opened and closed the same dates as those of Douglas County. Said property shall be returned by the property owner on blanks furnished for that purpose at an amount not to exceed the amount established by the tax assessors of Douglas County. Tax returns. Section 17. The mayor of said city, within a reasonable time after the election, and annually thereafter, on or before the first regular meeting of the city council in January shall select three (3) upright freeholders residing in said city as a board of tax assessors. The mayor shall fix the per diem compensation of said tax assessors, which shall not exceed eight dollars ($8.00) per day for each tax assessor. Vacancies on said board may

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be filled by the mayor as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessor to assess the value of all real estate and personal property subject to taxation by the tax assessors of Douglas County; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her, or its real estate or personal property, as hereinafter required, before the close of the books in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at 10% above the assessed value thereof. They shall make a return of their work within thirty (30) days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or ten per cent (10%) additional taxes assessed against their property, five (5) days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five (5) days before said hearing to a nonresident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Tax assessors. (A) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the council of said city, provided said appeal be filed in writing with the clerk of said city within five (5) days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and

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the fair market value as contended for by the appellant; said appeal shall be heard by said council at its next regular meeting, unless continued for cause, and its decision shall be final. The council of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor if, in their opinon, it is returned and assessed below its fair market value or the value set thereon by the tax assessors of Douglas County. (B) The council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Section 18. The taxes of said city shall fall due on December 20 of each year, and tax executions shall be issued against all persons who have not paid their taxes by that time. All tax executions shall be signed by the clerk, and bear teste in the name of the mayor of said city, the sheriffs, deputy sheriffs and constables of this State shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of the Code of Georgia, sections 92-4301, etc., and 92-4401. Executions. Section 19. The City of Lithia Springs, created by this Act shall have full power and authority to license, regulate, control or prohibit, in a nondiscriminatory manner, all businesses, occupations, professions, callings, trades or avocations in said city. And said city shall have the power to require registration of, and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad

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valorem taxes due said city; and said city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said city shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations and proper in the premises. Business licenses, etc. Section 20. (A) The City of Lithia Springs, created by this Act, shall have full power and authority in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage the streets, sidewalks, and public lanes and alleys of said city; to put down curbing, cross drains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, the Act of the General Assembly of Georgia, approved August 25, 1927 (Ga. L. 1927, pp. 321-335), (Chapter 69-4 of the Code of Georgia, as amended, with the exception of Code section 69-402), provided a method for making improvements in municipalities having a population of six hundred (600) or more population, is hereby adopted and made a part of this Act, and the Council of the City of Lithia Springs, created by this Act, is hereby made the governing body referred to and authorized to act under the terms of said Act hereby adopted and made a part hereof. Streets, etc. (B) In all cases where street paving or repairing is contemplated on any street in said city, in which water mains, sewers, pipes, or electric wiring conduits are laid, or are to be laid, said city shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property line extensions against the property to which said connections are made, and in the same manner as assessments for street paving are made and collected.

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Section 21. Said City of Lithia Springs shall have full power and authority to furnish water, electric lights and power, gas, heat, and other public utility service for the public use of said city, and for private use and charge therefor; to own, construct, enlarge, operate and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat, and any other public utility system or plants; to purchase or generate electric energy; and to maintain the supplying said public utility service. Utilities. Section 22. Said City of Lithia Springs shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, electric lights or power energy, gas, heat, and sewer service, by the following methods: Same. (A) By making said charges for water, electric energy, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water, electric light and power energy, gas, heat, or sewer services shall be shut off from the building, place, or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, is fully paid; and further it may be provided for the issuance of an execution for the unpaid charges for water electric energy, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in possession or having the right to possession and use of such real estate has by contract agreed to pay for such charges. (B) Said city shall have full power to require prompt payment in advance for all water, electric energy, gas, heat, and sewer service furnished by said city; or require of each consumer or person served a reasonable

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deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, electric energy, gas, heat, and sewer service, where payment in advance or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, electric energy, gas, heat, or sewer service. Should any consumer fail to pay all water, or electric light, gas, heat, or sewer charges due by him to said city, then the said city may cut off water, light, gas, heat, or sewer services from the premises and, should he move to another place in said city, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (C) Said city shall have power to adopt all necessary ordinances to put either method in force in said city, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (D) The provisions of this section shall be applicable to charges for any public utility-service provided or furnished by said city, including water, electric energy, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said city, from the operation and provisions of this Act. Section 23. Said city is authorized to enact any and all ordinances, rules, and regulations, necessary to lay out and prescribe a fire district in said city, and to enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may be, how the chimneys, stoves, pipes, and flues are to be constructed; to provide for fire escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the city

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may deem necessary in order to protect said city as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. It shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove pipes, or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the city may order such building removed or altered and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire districts, etc. Section 24. The City of Lithia Springs may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determinations and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, or other

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activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasipublic, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission to be composed of not more than three (3) members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals, to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Douglas County. Provided that nothing herein shall be permitted to disturb the present location of any business now located in said city as long as said business is carried on in its present manner. Zoning, etc. Section 25. The City of Lithia Springs shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights-of-way for any electric light, water supply, gas, or sewer line, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the city shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general

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laws of the State of Georgia for condemnation of private property by town and cities as contained in Georgia Code, 1933, section 36-301, et. seq. Condemnation. Section 26. The council of said City of Lithia Springs shall have power and authority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of establishing, improving, and maintaining a water supply system, establishing, improving, and maintaining a sewerage system, a system of lights or electric power, and other public service or utility system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Bonds, debts, etc. Section 27. In addition to the power and authority vested in said City of Lithia Springs, created by this Act, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: (A) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect health of said city, to prevent the spread of and to suppress infections, contagious, or dangerous diseases in said city; Ordinances. (B) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases, either in or outide of said city, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same;

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(C) To own and regulate cemeteries and parks, either within or without said city, to establish, control, and govern a municipal market in the said city, to own or contribute to the support and maintenance of swimming pools, contribute to the support and maintenance of swimming pools, golf links, parks and playgrounds, either within or without the corporate limits of said city. (D) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said city; to regulate or prohibit sale and shooting of fireworks and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said city; (E) To regulate the character of buildings to be erected in said city, and to adopt and enforce building requirements and/or permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electric wiring in structures in said city; (F) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; (G) To grant franchises, easements, and rights-of-way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said city, on such terms and conditions as may be prescribed; and to regulate all public services or utility corporations doing business in said city in any manner not in conflict with State or Federal law. Said city shall franchise electric utility companies and cooperatives in the areas now served by each utility; (H) To establish, equip, and maintain a fire department; (I) To define and prohibit nuisances within the corporate

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limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (J) To provide, equip, and maintain a prison and chaingang, and to regulate the same; and to provide for the working of convicts on the streets of said city, or any public works of said city, both within and without the corporate limits; (K) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said city, and to regulate the operation thereof; (L) To suppress and prohibit houses where illegal, immoral or disorderly practices are had; (M) To lay out and open new streets and alleys in said city; and to change the grades thereof; (N) To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the Mayor's Court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury; (O) To require connections with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein. Section 28. The enumeration of powers contained in this Act shall not be considered as restrictive; but the City of Lithia Springs and the authorities of said city may exercise all powers, rights, and jurisdictions as they

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might if such enumeration were not made, and the council may pass all laws and ordinances, rules, and regulations they may deem needful and proper for the general welfare and protection of said city; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the council may prescribed additional regulations and modes of procedure, not repugnant to the interest and purpose of this Act or the laws of this State. Intent. Section 29. Any property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said city by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the Mayor, by direction of said council, making conveyance thereof; provided, however, that no conveyance of any property worth over one hundred dollars ($100.00) shall be made unless public notice is given of intention to convey in the newspaper of general circulation in the county in which sheriff's advertisements are made at least once a week for three (3) consecutive weeks immediately prior to such sale or encumbrance; provided, further, that nothing in this Section shall vary the laws regarding bond issues. Section 30. The City of Lithia Springs shall operate strictly upon a cash basis. No employee or official of the city shall have authority to bind the city for any debts for current operating expenses to be paid at a time other than in the fiscal year July 1 to June 30 in which debt is incurred. All contracts or purchases exceeding $500.00 shall be on a sealed bid basis and the bids shall be opened in public. Debts. Section 31. Not later than March 14, 1959, it shall be the duty of the Ordinary of Douglas County to issue the call for an election for the purpose of submitting

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this Act to the property owners in the proposed city limits for approval or rejection. The Ordinary shall set the date of such election on April 8, 1959. 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 Douglas County. The ballot shall have written or printed thereon the words: For approval of the Act incorporating the City of Lithia Springs. Against approval of the Act incorporating the City of Lithia Springs. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such questions are for approval of the Act, 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, it shall be void and of no force and effect. The expense of such election shall be borne by Douglas 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. In the event of adoption of this charter it shall be the duty of said Ordinary to call another election on May 20, 1959 for the election of a mayor and council who shall hold office as hereinbefore provided. Referendum. For the purpose of the above two elections Mrs. N. H. Nielsen and H. V. Branan are herein named as a board of registrars to assist the Ordinary in preparing a voters' list. Section 32. If this Act shall be approved at the referendum

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provided for in section 31 hereof, it shall become of full force and effect on June 1, 1959. Effective date. Section 33. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce local legislation to provide for the incorporation of the City of Lithia Springs, to provide for a referendum concerning same, and for other purposes. A. A. Fowler, Jr., Representative, Douglas County, Georgia Georgia, Douglas County. The undersigned does hereby certify that he is the representative from Douglas County and that the aforesaid notice was advertised in the Douglas County Sentinel, a newspaper in which Sheriff's advertisements for Douglas County are published, on January 15, 1959, January 22, 1959, and January 29, 1959. A. A. Fowler, Jr., Representative, Douglas County, Georgia. Sworn to and subscribed before me this 9th day of February, 1959. Amelia Smith, Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. (Seal). Approved March 10, 1959.

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RICHMOND COUNTYBOARD OF EDUCATION. No. 288 (House Bill No. 459). An Act to amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), an Act approved February 17, 1950 (Ga. L. 1950, p. 2728), and an Act approved March 6, 1956 (Ga. L. 1956, p. 2891), so as to provide for two additional members on the Board of Education of Richmond County; to provide for a specific repeal; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), an Act approved February 17, 1950 (Ga. L. 1950, p. 2728), and an Act approved March 6, 1956 (Ga. L. 1956, p. 2891), is hereby amended by adding the following sentence to paragraph 5 of section 1 of section B of said Act as amended: There shall be an eighth member on the board from the eighth ward of the City of Augusta and said member shall serve for a term expiring December 31, 1960., and by striking paragraph 6 of section 1 of section B of said Act as amended in its entirety and inserting in lieu thereof a new paragraph 6 which shall read as follows: Member of Board of Education. The board within thirty days after the approval of this Act shall appoint two additional members to the board: One member from the 124th militia district for a term expiring January 1, 1960, and one member from the 1434th militia district for a term expiring January 1, 1960. The two members from the 124th and 1434th militia districts shall be elected at the next election for a term of four years and these two members elected in

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said election shall take office January 1, 1960. The members of the board from the 1660th and the 1760th militia districts shall continue as members of the board until their four-year terms of office shall expire January 1, 1963. The members of the board from the fifth and sixth wards of the City of Augusta and the 1269th militia district shall continue as members of the board until their four-year terms of office shall expire on January 1, 1960., and by striking paragraph 8 of section 1 of section B of said Act as amended in its entirety and inserting in lieu thereof a new paragraph 8 to read as follows: The Board shall consist of fifteen members., so that section 1 of section B of said Act as amended, when so amended shall read as follows: Section 1. Richmond County, a single school district. Composition and method of election of the board of education. The County of Richmond shall be a single school district and shall be confined to the management and control of a board of education at least five of whom shall reside in Richmond County outside the corporate limits of the City of Augusta. They shall be freeholders and shall have resided in Richmond County for a period of not less than five years preceding their election; they shall be elected by the qualified voters in the ward, district, or combined districts in which they reside as hereinafter provided. An election for members of the board of education shall be held on the first Saturday in November, 1949, and on the first Tuesday in November in every year thereafter. That every person hereinafter intending to become a candidate for membership on the board of education at the regular election, as now fixed by law for the first Tuesday in November, shall by the first Saturday in October, preceding such month of November, file in the office of the clerk of the Board of Commissioners of Roads and Revenues of Richmond County with said clerk a declaration or notice of such intention, stating

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in addition, the ward or district. A written acknowledgement of the receipt of such declaration from said clerk shall always be evidence of its filing. That in case not more than one such notice or declaration of intention is filed in respect to any particular, such position during the time above required, then the person so filing by virtue of this Act, becomes the incumbent of such position for the next ensuing term, as now fixed by law; and the said clerk of the Board of Commissioners of Roads and Revenues of Richmond County shall, on the Monday next succeeding such first Saturday in October, publish, in each daily paper of the City of Augusta a declaration to that effect, in such papers, the names of candidates for each such position where there is more than one candidate for any such position; that once a week during the month of September of each year, said clerk shall publish in such daily newspaper as the official notices of the sheriff may be now or hereafter, published in, a notice of the requirements of this Act as touching the next ensuing election. That in cases where there is not more than one notice or declaration filed as heretofore required, in regard to any particular position, that no polls shall be opened nor election held in such ward or district as such condition may exist. That in case no notices or declarations in regard to any particular place or position are filed, as heretofore required, the Board of Education shall fill such vacancy; and in every case where more than one such notice or declaration shall be so filed for the position in respect to which it is filed, the election shall be held as required. That the clerk of the Board of Commissioners of Roads and Revenues of Richmond County must certify as to the unopposed candidates and this will be authority of the Secretary of State for issuing commissions to such unopposed candidates. At the election which was held on the first Saturday in November in the year, 1949, seven members of the board having been elected to fill the vacancies which did occur on January 1, 1950, in the 119th; 123rd; 1269th; 1760th; 1434th; 124th; and 1660th districts, Georgia Militia, in Richmond County. The members

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elected at that election to fill the named vacancies were elected for the following term respectively; 119th District, for a four year term, expiring January 1, 1954; 123rd district, for a three year term, expiring January 1, 1953; 1269th district, 1760th district, 1434th district, 124th district and 1660th district, each for a term of two year expiring January 1, 1952. At the election which shall be held on the first Tuesday in November in the year 1950, seven members of the board shall be elected to fill the vacancies which will occur on January 1, 1951, in the first, second, third, fourth, fifth, six and seventh wards of the City of Augusta. The members elected at that election to fill the named vacancies shall be elected for the following terms respectively: First ward and second ward for a three year term expiring January 1, 1954; third ward and fourth ward for a two year term expiring January 1, 1953; fifth ward and sixth ward for a one year term expiring January 1, 1952; seventh ward for a four year term expiring January 1, 1955. There shall be an eighth member on the board from the eighth ward of the City of Augusta and said member shall serve for a term expiring December 31, 1960. The board within thirty days after the approval of this Act shall appoint two additional members to the board: One member from the 124th militia district for a term expiring January 1, 1960, and one member from the 1434th militia district for a term expiring January 1, 1960. The two members from the 124th and 1434th militia district shall be elected at the next election for members of the Board of Education for Richmond County for a term of four years and these two members elected in said election shall take office January 1, 1960. The members of the board from the 1660th and the 1760th militia districts shall continue as members of the board until their four year terms of office shall expire January 1, 1963. The members of the board from the fifth and sixth wards of the City of Augusta and the 1269th militia district shall continue as members of the board

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until their four year terms of office shall expire on January 1, 1960. At all regular elections held after the year 1951, the members elected at such elections shall serve full four-year terms from the first day of the following January. The board shall consist of fifteen members. Vacancies, except those arising from expiration of term, shall be filled by the remaining members of said board electing a successor for the unexpired portion of the term. In filling vacancies the resident requirements hereinbefore provided shall be observed. Section 2. Said Act is further amended by repealing in its entirety an Act providing for the appointment and election of an additional member to the County Board of Education of Richmond County, approved March 6, 1956 (Ga. L. 1956, p. 2891). 1956 Act repealed. 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 there will be introduced in the General Assembly of Georgia (January, 1959 Term), a bill entitled: An Act to Amend an Act entitled to continue existence of the public schools in Richmond County, Georgia; to amend an act Georgia Law 1950, page 2728 to provide for the election of members of the Board of Education so as to provide that the following districts in said county shall be entitled to one member each to said Board of Education beginning at the next regular election one member of said Board of Education in Richmond County, Georgia, to wit: 1760th D. G. M.; 1434th D. G. M.; and 124th D. G. M.; and 1660th D. G. M.; and to provide that one member from the said 124th D. G. M. and the said 1434th D. G. M., shall be appointed to said Board of Education by the present

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membership to serve until the next regular election and for other purposes. C. W. Edwards Sr. Representative Richmond County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. W. Edwards, Sr., who, on oath, deposes and says that he is representative from Richmond County, and that the attached copy of notice of intention to introduce local legislation was published in the Augusta Herald, which is the official organ of said county, on the following dates: January 23, 30, and February 6, 1959. C. W. Edwards Sr. Representative, Richmond County Sworn to and subscribed before me this 10 day of Feb., 1959. Frances Read Notary Public, Fulton County, Ga. My Commission Expires January 6, 1962. (Seal). Approved March 10, 1959. CITY OF JACKSONCORPORATE LIMITS. No. 289 (House Bill No. 461). An Act to amend the charter of the City of Jackson, approved February 15, 1952 to define the corporate limits thereof Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the

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authority of the same, that from and after the passage of this Act section 1 of the Act creating a new charter for the City of Jackson, approved February 15, 1952 be amended by striking in its entirety section 1 thereof and substituting in lieu thereof the following section. 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 corporate limits of the City of Jackson, Georgia shall be and is defined as follows: Beginning at a monument at the southwest corner of the incorporated limits of Pepperton where lands of Darden Watkins, Mrs. S. F. Peters and Pepperton Cotton Mills, Inc. converge; thence north zero degrees 40 minutes west for a distance of six hundred fourteen (614) feet (land line between Darden Watkins and Pepperton Cotton Mills) to monument planted beside Iron Axle; thence north 10 degrees 36 minutes west a distance of eight hundred seventy four (874) feet to monument on north side of State Highway Route No. 16 right of way; thence along north right-of-way of State Highway Route No. 16 in an easterly direction for a distance of six hundred sixty four (664) feet to monument (to corner of Butts County Development Board, Pepperton Cotton Mills and Highway 16 north right-of-way; thence north zero degrees 50 minutes west a distance of two thousand one hundred ninety seven (2,197) feet to a monument, (along land line of Butts County Development Board and Pepperton Cotton Mills) (Corner of Mallet property); thence north 89 degrees 45 minutes west a distance of two thousand eight hundred eighty one (2881) feet to a monument on the northeast right-of-way of the Southern Railway system (along land line of Butts County Development Company and George Mallet for a good portion of the distance); thence northwesterly along the northeast right-of-way of the Southern Railway system a distance of three thousand six hundred seventy nine (3,679) feet to a monument (above and below Covington Street); thence north 30 degrees west a distance of nine hundred twenty (920) feet to monument (to take in disposal plant); thence south 60 degrees west a distance of seven hundred fifty (750) feet to a

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monument on the northeast right-of-way of Southern Railway system (enclosing disposal plant-monument approximately center of trestle on south side of Yellow Water Creek 75 feet from center of track); thence northwesterly along the northeast right-of-way of the Southern Railway system situated on the point where the line between the 612th and 615th Districts G. M. Butts County, Georgia intersects the northeast right-of-way of the Southern Railway system; thence south along said district line to the intersection of said line and Yellow Water Creek; thence along the run of Yellow Water Creek in a southeasterly direction and northerly direction to the southwest boundary of the Southern Railway system right-of-way; thence southeasterly along the Southern Railway system right-of-way to a point where this said right-of-way intersects the northwest right-of-way of Covington Street (State Highway No. 36 north); thence west to a point where this (due west) line intersects a line drawn 500 feet from the center of McDonough Road; thence northwesterly parallel to McDonough Road 500 feet from the center of McDonough Road and Brookwood Avenue to the northwest bank of First Creek; thence southwesterly along said bank of First Creek to a point 500 feet from the center of Brookwood Avenue on the southwest side of said avenue (distance along First Creek being approximately 1000 feet); thence southeasterly parallel to Brookwood Avenue five hundred (500) feet from the center, to a point where it intersects the northwest property line along Forrest Avenue; thence southwesterly along said property line and extension thereof a distance of one hundred eight (108) feet; thence south 50 degrees east a distance of one thousand three hundred twenty three (1,323) feet (approximate center of Harkness Street at pavement end beyond KYM Company); thence south 40 degrees east a distance of two thousand five hundred sixty two (2,562) feet (to a point on line between Mrs. J. W. Carter and Barnes Lumber Company); thence east a distance of nine hundred twenty four (924) feet (to a point on Highway No. 36, east side, south of David Gray property); thence in a northerly direction a distance of

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eight hundred sixty three (863) feet (in area of Smith Settle tenant house); thence south 89 degrees 45 minutes west a distance of six hundred ninety three (693) feet to a monument on the south side of branch at point of Settle Freeman property joining; thence south zero degrees 15 minutes west a distance of one thousand five hundred sixty two (1,562) feet to the north right-of-way of Georgia Power Company transmission line (extended line strikes tower #550 1 east of point where steel tower leg on northeast side joins concrete footing); thence easterly along the north right-of-way of the Georgia Power Company transmission line a distance of four thousand one hundred twenty three (4,123) feet to a monument 162.5 feet westward from the center of tower #559; thence north zero degrees 50 minutes west a distance of two thousand twenty (2020) feet to a monument on the southwest right-of-way of State Highway Route No. 42 (in vicinity of well at Fuqua Radio Shop); thence along the southwest right-of-way of State Highway No. 42 in a northwesterly direction a distance of one hundred eighty two (182) feet to a monument; thence north 89 degrees west a distance of three hundred nine (309) feet to a monument and the point of beginning (located north of Nelson Street at corner as described in point of beginning). 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, Butts County Personally appeared before the undersigned, J. D. Jones, Jr., editor and publisher of The Jackson Progress-Argus, a weekly newspaper in which legal advertisement are published, who upon oath states that the notice of intention to introduce local legislation, of which a copy is attached below, was published in said paper on Jan. 8, 1959; Jan. 15, 1959; Jan. 22, 1959; Jan. 29, 1959. J. Doyle Jones, Jr. Editor and Publisher.
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Sworn to and subscribed before me this 11 day of February 1959. Mrs. Doyle Jones, Jr. (Seal). Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1959 session of the General Assembly of Georgia, a bill to amend the Act creating a new charter for the City of Jackson, approved February 15, 1952 so as to change and extend the corporate limits of said city and for other purposes. A plat of said extension is now on file at city hall of City of Jackson, Georgia. This 3rd day of January, 1959. Spencer H. Johnson Representative Butts County Approved March 10, 1959. Plat attached to Enrolled Act. TOWN OF WHITECHARTER AMENDED, NAME CHANGED TO CITY OF WHITE, REFERENDUMS. No. 290 (House Bill No. 464). An Act to amend an Act approved on August 7, 1919, (Ga. L. 1919, p. 1385) entitled: An Act to incorporate the Town of White, in the County of Bartow; to define the corporate limits; to provide for a mayor and aldermen and other officers, to prescribe their duties, powers and privileges; to provide for the enactment of all necessary ordinances and the enforcement of the same, and for other purposes; so as to change the name of said town from the Town of White to the

Page 2908

City of White; to redefine and enlarge the city limits of the City of White on the south; to change the term of office of the officers of said city from an annual term to a two-year term providing that the present mayor and aldermen shall hold office until the election to be held on the second Thursday in November, 1960, and biennially thereafter; by amending Ssection 8 of said Act to change the ad valorem tax rate of said city from one-half () of one (1) per cent on the property to two (2) per cent; to empower the city to open, close and alter streets and alleys; to extend the police jurisdiction of the city beyond the corporate limits of said city in every direction a distance of one thousand (1,000) feet; to empower the city to purchase, construct, operate, finance and refinance water systems, natural, liquefied, and artificial gas systems, sewerage systems, and to finance and refinance the same and to hypothecate and pledge the revenue therefrom for the payment of the same, said financing to be over any term of years not to exceed ten (10) and to issue certificates of indebtedness therefor; to purchase capital assets necessary in the operation thereof either on lease-purchase agreements or conditional sale contracts, or otherwise; to extend any municipally owned public utility distribution system beyond the corporate limits for the purpose of serving adjacent territory outside the corporate limits to acquire by purchase, lease, rental, gift, or otherwise real and personal property beyond the corporate limits of the city for use in connection with such distribution systems and to sell the same either at a public or private sale when not needed for city purposes; to provide police protection for any extension of such distribution systems beyond the corporate limits; to exercise the right of eminent domain both inside and outside the corporate limits of the city for the purpose of procuring rights of ways, easements and property beyond the corporate limits needed for such purposes; to make contracts with other municipalities for such other municipalities to provide water and gas distribution systems in the City of White for a term not exceeding

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fifty years and to collect for such services and empowering said city to participate jointly with such municipalities in such contracts; to grant franchises to public utility companies for furnishing electricity to the inhabtants of the city and to make contracts with such public utility companies to participate in the revenues received therefrom; to provide for the creation of liens and the issuances of executions therefor and to collect the same for all debts owed by any customer to the city or to a contracting municipality for public utilities furnished to them, to provide for the collection and the rank and dignity of such liens; to provide a referendum for the submission of this Act for approval or rejection and a procedure connected therewith; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved on August 7, 1919, (Ga. L. 1919, p. 1385) entitled: An Act to incorporate the town of White, in the County of Bartow; to define the corporate limits; to provide for a mayor and aldermen and other officers, to prescribe their duties, powers and privileges; to provide for the enactment of all necessary ordinances and the enforcement of the same, and for other purposes; is hereby amended by striking the words Town of White wherever they may appear in said Act and inserting in lieu thereof the words City of White so that hereafter this municipality shall be known as the City of White. Name City of White. Section 2. Section 2 of said charter as amended is hereby further amended by striking the words Methodist Church and inserting in lieu thereof the words Community Center House and by adding to the end of said section the following: Said corporate limits are further extended on the south so as to include the area outside said circle within the following boundary, to-wit:

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Beginning at that point in the southeast corporate limits as described above, which is located three hundred fifty (350) feet east of the east right-of-way line of U. S. Highway No. 411 when measured at right angles to said right-of-way line and running thence in a southwesterly direction on a line parallel with said highway one (1) mile to a concrete marker; thence in a northwesterly direction on a line which strikes said highway right of way at right angles a distance of three hundred fifty (350) feet to the east line of said right of way; thence on a straight line almost in a northerly direction to the point where the west line on the old Tennessee Road intersects the south line of the White-Grassdale public road; thence in a westerly or slightly southwesterly direction along the south side of the White-Grassdale public road to the center of the branch forming the head waters of Pettit's Creek; thence in a northeasterly direction along the center of said branch to the point where it strikes the perimeter of the one-half () mile circle as described in the first part thereof; thence in a southeasterly and northeasterly direction along said circle to the beginning point; So that when amended said section shall read as follows: Section 2. Be it further enacted, that the corporate limits of said city shall extend one-half () mile in every direction from the center of the front wall of the Community Center House in said city; provided, however, that said corporate limits are further extended on the south so as to include the area outside said circle within the following boundaries: Beginning at that point on the said corporate limits which is located three hundred fifty (350) feet east of the east right-of-way line of U. S. Highway No. 411 when measured at right angles to said right-of-way line and running thence in a southwesterly direction on a line parallel with said highway one (1) mile to a concrete marker; thence in a northwesterly direction on a line which strikes said highway right-of-way at right angles a distance of three hundred fifty (350) feet to the east line of said right of way; thence

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on a straight line almost in a northerly direction to the point to where the west line on the old Tennessee Road intersects the south line of the White-Grassdale Public Road; thence in a westerly or slightly southwesterly direction along the south side of the White-Grassdale Public Road to the center of the branch that forms the head waters of Pettit's Creek; thence in a northeasterly direction along the center of said branch to the point where it strikes the perimeter of the one-half () mile circle as described in the first part thereof; thence in a southeasterly and northeasterly direction along said circle to the beginning point. Corporate limits. Section 3. Said Act as amended is hereby further amended by striking Section 4 therefrom and inserting in lieu thereof the following: Section 4. Be it further enacted, That on the second Thursday in November, 1960, and biennially thereafter on the same Thursday mentioned, an election shall be held at the city hall in said city for a mayor and four aldermen by the qualified voters of said city, whose terms of office shall be for two years, or until their successors are elected and qualified. Said election shall be opened at seven o'clock a. m. and close at seven o'clock p. m. to be held under the superintendence of a justice of the peace and two freeholders of said town, or by three freeholders, under the terms and regulations prescribed by law for holding elections for members of the General Assembly. All persons residing in said city qualified to vote for members of the General Assembly shall be qualified to vote in all elections in said town. The present mayor and aldermen shall continue in office until their successors have been elected hereunder and have qualified. Elections, etc. Section 4. Said Act as amended is hereby further amended by striking from section 8 thereof the words one-half () of one (1) and inserting in lieu thereof the word two (2) so that said section as amended shall read:

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Section 8. Be it further enacted, That said mayor and aldermen shall have power to levy and collect a tax not exceeeding two per cent on all property, both real and personal, within the corporate limits of said city, which may be enforced by execution issued by the clerk in the name of the mayor and aldermen and levied by the marshal. If the property levied on be personalty, the same proceeding shall be had that now governs the sale of property under tax executions at constables' sales, but if the property levied on the realty, the marshal shall return the levy to the sheriff of Bartow County, and by said sheriff sold as the law directs him to sell under executions for State and county taxes when levied on realty. Also, to levy and collect such special taxes on trades, businesses, occupations, theatrical exhibitions, circuses and shows of all kinds, ten pin alleys, billiards, pool tables, itinerant traders, peddlers, auctioneers and all other trades, games or occupations subject to special taxes under the laws of the State as they may deem proper. For the purpose of enforcing the payment for the taxes above enumerated the mayor and aldermen may enact such ordinances and impose such penalties for a violation of the same as they may deem proper, not inconsistent with the Constitution and laws of the State. Taxation. Section 5. Said Act as amended is hereby further amended by inserting after section 10 thereof a new section 10A to read: Section 10A. The mayor and board of aldermen are hereby empowered to open, close, and alter streets and alleys in such city when it deems the same in public interest. Streets, etc. Section 6. Said Act as amended is hereby further amended by inserting after section 11 a new section 11A to read: Section 11A. The police jurisdiction of the City of White shall extend beyond the corporate limits of said city in every direction for a distance of one thousand (1,000) yards. Police jurisdiction.

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Section 7. Said Act as amended is hereby further amended by inserting after section 11 thereof a new section 11A to read: Section 19A. (a) The City of White is empowered to purchase, construct, operate, finance and refinance and maintain water systems, natural, liquefied and artificial gas systems, and sewerage systems, and to hypothecate and pledge the revenue to be received therefrom for the purchase of capital assets necessary to the construction and operation and to the refinancing of the same, to operate, regulate, and protect the same both inside and outside the corporate limits and all such systems already so extended are hereby ratified and the acquisition and financing of any such systems already installed are hereby ratified. Utilities. (b) The City of White is hereby authorized and empowered to extend any municipally owned public utility for water and gas distribution systems and sewerage systems, beyond the corporate limits of said city so as to serve the adjacent territory outside the corporate limits of said city with public utilities. (c) In order to carry out the purposes of this section, the City of White may acquire by purchase, lease, rental, gift, or otherwise such real and personal property beyond the corporate limits of said city as may be deemed necessary by the Mayor and Board of Aldermen and shall have the power to dispose of the same at private sale when it is deemed by said Mayor and Board of Aldermen to be of no further need to the city. The police power of said city is extended to the location of all such property for the purpose of its protection and preservation, and the preservation of said system. (d) In order to carry out the purposes of this section, the City of White shall have the power of eminent domain for the purpose of securing property, easements, and rights of way both within and without the city limits.

Page 2914

(e) The City of White, by and through its mayor and aldermen may contract with other municipalities for such other municipalities to provide water, and gas distribution systems in the City of White for and on behalf of the City of White over such period of years as said municipalities may determine to be advantageous to the same not to exceed fifty years, and may provide in such contracts for such furnishing municipality to fix the rates by and with the consent of the City of White, collect the same, and fix all charges for providing such utilities to the citizens, and may collect the same, and may grant to such municipalities the right by such contracts to use the streets and alleys of the City of White, for the construction of such distribution systems and the City of White may agree to exercise the right of eminent domain wherever the same is necessary for the acquisition of such property as may be deemed necessary for the construction and operation of such systems, and may provide police protection or contract with such municipalities to provide police protection for all such installations and systems, and may enter into such contracts so as to participate jointly in the provision of such distribution systems, or participate to any extent they may deem desirable and shall have the right to grant franchises to such contracting municipalities and to grant easements over the public streets and alleys of said city for such purposes, and shall have power to create and declare a lien for the collection of utility service provided by said contracting municipalities, and shall have power to collect said liens in the same manner as the city taxes may be collected under this charter. (f) The City of White, by and through its mayor and aldermen, is hereby authorized and empowered to purchase capital assets necessary to the operation of any of its public utility systems over any terms of years not exceeding ten, and to obligate itself to pay for the same out of the revenues received from the operation of said system over any such term of years and execute certificates of indebtedness providing for the same, or may purchase them on lease-purchase agreements or through conditional sale contracts; provided, however, that at no

Page 2915

time shall the total amount of the outstanding obligations incurred hereunder for a utility system exceed ten (10) per cent of the cost of such utility system, and all such indebtedness shall be budgeted to the operating cost of the system for which it was incurred. (g) The City of White, by and through its mayor and aldermen, is hereby authorized and empowered to grant franchises to public utility companies for the furnishing of electricity to its inhabitants, and is authorized to enter into such contracts for a term of years, and to charge such public utility companies such amounts for such franchises as may be agreed upon. Section 8. 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. Construction. Section 9. Not less than fifteen (15) 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 Ordinary of Bartow County to issue the call for an election for the purpose of submitting section 2 of this Act to the voters of Bartow County that reside in the area annexed to the City of White by said section for approval or rejection. The Ordinary shall set the date of such election for May 16th, 1959. 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:

Page 2916

For approval of Section 2 of the Act, extending the corporate limits of the City of White. Referendum as to Section 2. Against approval of Section 2 of the Act extending the corporate limits of the City of White. All persons desiring to vote in favor of Section 2 of the Act shall vote for approval, and those persons desiring to vote for rejection of Section 2 of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of section 2 of the Act, section 2 thereof shall become of full force and effect. If less than a majority of the votes cast on such question are for approval of section 2 of the Act, that part of section 2 extending the city limits of the City of White shall be void and of no force and effect. The expense of such election shall be borne by the City of White. 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 10. Not less than fifteen (15) nor more than forty-five (45) day 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 clerk of the City of White to issue the call for an election for the purpose of submitting this Act except section 2 to the voters of the City of White for approval or rejection. The clerk shall set the date of such election for May 16th, 1959. The clerk shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bartow County. The ballot shall have written or printed thereon the words: For approval of the Act extending the term of office of the present officers and giving to the governing authorities

Page 2917

of the City of White additional powers and duties. Referendum as to all sections except Section 2. Against approval of the Act extending the term of office of the present officers and giving to the governing authorities of the City of White additional powers and duties. 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 except section 2 which shall be governed by the procedure set forth in the preceding section. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect except section 2 which shal be governed by the procedure set forth in the preceding section. The expense of such election shall be borne by the City of White. It shall be the duty of the clerk 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 clerk 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 11. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the undersigned intends to apply to the General Assembly of Georgia at the January, 1959 session thereof for an amendment to the charter of the Town of White, giving to said town the power to purchase, construct, operate, finance and maintain water systems, natural, liquified and artificial gas systems, sewerage system, electric systems and all other public utilities, and to hypothecate and pledge the revenues

Page 2918

to be received therefrom for the purchase of the capital assets necessary to the construction and operation and to refinance the same, to operate, regulate and protect the same both inside and outside the corporate limits thereof in adjacent territory, to ratify the acquisition and financing of all such systems already installed, to purchase and own and acquire by eminent domain any property located outside the corporate limits thereof necessary or desirable in connection with any of the public utilities or town government and to sell the same when no longer needed for town purposes, to fix the Town tax rates on all types of property, to make contracts with other municipalities to furnish public utilities for said town and its people over such periods of time as it deems advisable and to participate in such contracts on a joint basis, to provide for the election of officers, to open, close and alter streets and to grant to public utility companies and contracting municipalities franchises, easements and rights of way in the Town in, upon, over and under its public streets and alleys to serve the people of the town, and to ratify any existing franchises, and for other purposes. This 23rd day of December, 1958. Town of White By: Wm. A. Ingram, Town Attorney. Notice. Notice is hereby given that the undersigned intends to apply to the January 1959 session of the General Assembly of Georgia for amendments to the charter of the Town of White changing the corporate name thereof to the City of White; enlarging the corporate limits thereof to include adjacent territory and extending its police jurisdiction a distance of 1,000 yards beyond the corporate limits in all directions; authorizing it to serve the adjacent territory outside the corporate limits with public utilities, and to create liens for the effective collection

Page 2919

for such services both outside and inside said corporate limits; and for other purposes. This 30th day of December, 1958. Town of White By: Wm. A. Ingram, Its Attorney. Notice. Notice is hereby given that the undersigned intends to apply to the General Assembly of Georgia at the January, 1959 Session thereof for an amendment to the charter of the Town of White changing the terms of the officers of said town from one to two years, and for other purposes. This the 20th day of January, 1959. Town of White By: Wm. A. Ingram, 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 Tribune News Publishing Company, which is the official organ of said county, on the following dates: January 22, 1959, January 29, 1959, February 5, 1959. /s/ W. H. Bradley Representative, Bartow County Sworn to and subscribed before me, this 9th day of February, 1959. /s/ Amelia Smith Notary Public (Seal). Approved March 10, 1959.

Page 2920

TOWN OF KINGSTONNEW CHARTER AS CITY OF KINGSTONREFERENDUM. No. 291 (House Bill No. 465). An Act to consolidate all of the laws chartering the Town of Kingston in the County of Bartow and to grant a new charter to said city; to change the name from Town to City of Kingston; to provide for the general powers of said city; to provide that said city shall be responsible for all debts and contracts of the former City of Kingston; to preserve all valid ordinances; to provide for the corporate limits of said city; to provide for a mayor and councilmen, their powers, duties and functions to provide for the meetings of the city council, the eligibility requirements of the mayor and councilmen; to provide for the compensation of said mayor and councilmen; to provide for elections; to provide for the filling of vacancies in the offices of mayor and councilmen; to provide for the taking of office by said officials and the oath in connection therewith; to provide for tie elections in said city; to provide for qualification and registration of voters in said city; to provide for a recorder's court in said city, its jurisdiction and the procedure in such court; to provide for ad valorem taxation by said city, and the procedure in connection therewith; to provide for licensing and regulation of trades and occupations; to provide for the maintenance and construction of streets, roads and sidewalks in said city; to provide for the maintenance and establishment of utility systems in said city, and the collection of charges in connection therewith; to provide for the creation and alteration of a fire district in said city; to provide for planning and zoning regulations in said city; to provide for condemnation of private property by said city; to authorize said city to contract debts and issue bonds; to expressly enumerate certain powers of said city; to provide that the powers enumerated in this Act shall not be restrictive; to provide restrictions upon the sale of property by said city; to provide that said city shall operate upon a cash basis, and that all

Page 2921

debts for current operating expenses shall be paid in the fiscal year in which incurred; to extend police jurisdiction 1,000 yards; to provide for a referendum; to provide an effective date; to expressly repeal an Act granting a new charter to the City of Kingston, approved March 16, 1869 (Ga. L. 1869, p. 81), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Town of Kingston in the County of Bartow is hereby incorporated under the name and style of the City of Kingston. Said City of Kingston as a municipality shall have perpetual succession and is vested with the right to contract and be contracted with, to plead and be impleaded, to buy, own, enjoy and sell property of all kinds, and to have and use a common seal and do all other things and acts as may be necessary or needful to exercise such rights, powers, functions, privileges and immunities as ordinarily belongs to municipal corporations generally under the law, as well as those hereinafter enumerated. Said corporate body under the name and style of the City of Kingston shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise to receive, hold, possess, enjoy and retain in perpetuity or for any term of years, or dispose of in any manner known to law any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of said city for corporate purposes, subject to the restrictions contained in this Act. Said city shall have the right to adopt such ordinances, rules, regulations and resolutions for the welfare and proper government of the city and for the transaction of the business thereof as may be deemed good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States. Said City of Kingston shall be the legal successor to the Town of Kingston in Bartow County existing at the time of the passage of this Act, and shall receive all of the property of said former town, and be

Page 2922

responsible for all debts, contracts and obligations for which said former city is now obligated. Incorporated. Section 2. The City of Kingston is hereby made responsible as a corporate body for all legal debts, contracts and obligations for which the Town of Kingston as incorporated under an Act approved March 19, 1869 (Ga. L. 1869, p. 81), as amended, is now obligated. Existing debts. Section 3. All existing, valid ordinances, rules, bylaws, regulations and resolutions of the Town of Kingston not inconsistent with this charter shall remain in full force and effect for the City of Kingston until altered, amended or repealed. Existing ordinances. Section 4. The corporate limits of the City of Kingston shall extend one half () mile in every direction from the depot of the Western and Atlantic Railroad in said city. Corporate limits. Section 5. The government of the City of Kingston shall be vested in a mayor and four (4) councilmen to be called the City Council to be elected as hereinafter provided. (A) The mayor shall be the chief executive officer of the city; have general supervision of the affairs of the city; and shall see that the laws of said city are executed and the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the marshal and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise within the corporate limits of said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. He shall have the right to hire and fire all city employees subject to the approval of the council. City council.

Page 2923

(B) The council of the City of Kingston shall be the legislative body. It may pass all ordinances for the government of the city. Ordinances shall be proposed and read at a regular meeting of the council, and shall not be passed until the next regular meeting. The mayor may veto any ordinance passed by the council, in which event such ordinance shall become null and void unless it shall be repassed by three (3) of the members of the council. The council shall fix an annual budget for the city and approve all expenditures made by the city. The council, upon the advice of the mayor, shall prescribe the compensation of all city employees. (C) The mayor shall appoint annually, subject to the approval of the council, a city clerk and a city treasurer, who shall serve for a term of one (1) year. He also may appoint such other city employees as may be necessary for the efficient operation of the city subject to the approval of the council. The treasurer of said city and all other officials and employees of the city who shall sign city checks or handle city money shall be bonded in such amount as may be deemed wise by the City Council. Section 6. The council shall meet in regular session upon the second Monday in each month. Special meetings of the council may be called at any time by the mayor or by a majority of the members of the council. The mayor shall preside over all meetings of the council, but shall have no vote. At the first regular meeting of the council following the regular election of new members thereof, the council shall elect one (1) of its members as a mayor pro tem. who shall, in the event of the disability or disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor. Meetings, mayor pro tem., etc. Section 7. To be eligible to be Mayor of the City of Kingston, a person shall be at least twenty-five (25) years of age, shall have resided in the City of Kingston a period of at least two (2) years and shall be a registered, qualified voter of the State of Georgia and of the City of Kingston. To be eligible to be a member of the

Page 2924

council of said city, a person must be at least twenty-one (21) years of age, a resident of the City of Kingston for a period of at least one (1) year and a registered, qualified voter of the State of Georgia and the City of Kingston. Should the mayor or any councilman during his or their term of office remove his residence from the limits of said city or cease to be a bona fide resident thereof, his or their office shall thereby become vacant. Same, qualification, vacancies. Section 8. The mayor of the city and council shall be compensated for holding office. The mayor's salary shall be fifty dollars ($50.00) per year, and the four (4) councilmen's salary shall be fifteen dollars ($15.00) per year each and the clerk shall receive ten dollars ($10.00) per year. Provided they shall be reimbursed actual expenses for any expenses incurred by them in their official capacity for the benefit of said city when approved by City Council. Salaries. Section 9. The first election for mayor and councilmen of said city held under this Act shall be held on the first Saturday in December, 1959. At that time there shall be elected a mayor and four (4) councilmen from the city at large. The councilmen shall be designated as councilman seat no. 1, councilman seat no. 2, councilman seat no. 3, councilman seat no. 4. The mayor and councilmen shall take office on January 1, 1960, and serve until January 1, 1962, or until their successors are elected and qualified. After the first election to be held in 1959, there shall be a biennial election on the first Saturday in December of each two year period for the mayor and the councilmen of the City of Kingston. All persons elected at such election shall take office on January 1, next following their election and serve for a term of two (2) years, or until their successors are elected and qualified. To be eligible to run for the office of mayor and councilmen of said city, a person shall qualify with the city clerk of said city between November 1, 1959 and noon November 20, 1959, for the elections to be held in that year. For the regular biannual elections, a person shall qualify with the city clerk of said city during the period from November 1 to noon

Page 2925

on November 20 of each year in which an election is to be held. Elections. Section 10. In the event that the office of mayor or of councilman of the City of Kingston should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than forty (40) days from the time such vacancy occurs under the same rules and regulations that govern regular elections in said city. The clerk of said city shall cause notice of the holding of such electon, and the time and place thereof, to be published once a week for two (2) weeks prior to said election in the newspaper in which sheriff's advertisements for Bartow County are published. In the event such vacancy in the office of mayor occurs within six (6) months preceding the expiration of term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tem. for the remainder of the term; and provided, further, in event such vacancy should occur within six (6) months prior to a regular annual election to be held on the first Saturday in December, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor pro tem., who shall serve until such regular biannual election, and the vacancy shall be filled by election of a mayor for the new term. To be eligible for election in any special election authorized by this section, a person shall qualify with the city clerk not less than ten (10) and not more than twenty (20) days prior to the date of the election. In the event that the council cannot for want of a quorum or any other reason call the elections authorized by this section, it shall be the duty of the Ordinary of Bartow County to issue the call for the elections. Vacancies. Section 11. The mayor and councilmen first elected under this Act shall take office on January 1, 1960. The mayor and councilmen elected at subsequent elections in said city shall take office on January 1 following their election. The mayor and councilmen shall be installed in their office by taking and subscribing the following oath:

Page 2926

I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of the City of Kingston; that I will faihfully execute and enforce the laws of said city to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof. Oath. Section 12. Should any election be held in and for said city under the provisions of this Act result in a tie vote, then in that event, the council of said city shall call a special election within ten (10) days; and said special election shall be held in the same manner as any other election, except that no person shall be a candidate in said special election other than those who received the same number of votes in the prior election; and no person shall be allowed to vote in said special election unless he or she shall have been qualified to vote in the regular election held just prior to said special election. Elections. Section 13. No person shall be allowed to vote in any election held in said city, except he or she be eligible under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly from the County of Bartow and unless he shall have bona fide and continuously resided in said City of Kingston, as a citizen thereof, for three (3) months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Voters. Section 14. There shall be established in the City of Kingston created by this Act a permanent registration system of the qualified voters of said city: (A) By July 1, 1959, the mayor and council of said city shall provide a suitable book or books for the permanent registration of qualified voters of said city. On or near the first page of each of such permanent registration books shall be printed or placed the oath prescribed by subsection (C) of this section. Voters, registration, etc.

Page 2927

(B) The clerk of said city or any deputy clerk employed in the office of said clerk, shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are provided, and shall cause notice of such facts to be published in one (1) issue of the newspaper in which sheriff's advertisements for Bartow County are published. Said clerk or deputy clerk shall keep said books open for registration of qualified voters at all times when the said clerk's office is open for business, except during the period next preceding the date of any election in said city, when all candidates in such election shall have qualified. (C) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz.: I do solemnly swear that I am eighteen (18) years of age (or will be by the time of the next city election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Bartow, and that I have bona fide and continuously resided in the City of Kingston, as a citizen thereof for three (3) months (or will have by the time of the next city election). The clerk or deputy clerk shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the clerk or deputy clerk, who shall immediately thereafter enter at the places provided the age, sex and race of each person registering. (D) No person registering as herein provided, or who is now registered, shall be required to again register as a qualified voter of said city, so long as he or she remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide

Page 2928

a permanent registration of the qualified voters of said city. (E) Whenever any election is to be held in and for said city, the said registration books are to be closed at the time when candidates for such election may no longer qualify and delivered to the mayor of said city, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three (3) in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the limits of said city, or who are otherwise disqualified for any lawful cause; provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the hearing as to such disqualification, and shall be served on each person at least twelve (12) hours before the time of such hearing (leaving at most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' list the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One (1) copy shall be retained, and two (2) copies shall be filed with the clerk of said city, one (1)

Page 2929

of which shall be open to inspection during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least two (2) days before said election. (F) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar, or a majority of the registrars, that his name was omitted therefrom by accident or mistake. (G) The City of Kingston shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters. It shall also fix the compensation to be paid by the city to such registrar or registrars, and may designate the clerk of said city to act as a registrar or as one of the registrars provided for under this section if they deem proper. Section 15. There shall be established in the City of Kingston created by this Act a mayor's or recorder's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. Recorder's court. (A) Said court shall be held as often as necessary for the trial of offenders. The mayor shall preside over said court and perform the duties thereof unless he shall have appointed a recorder. Any recorder appointed as judge of said court shall be an upright and intelligent person. The clerk of the city shall act as clerk of the court, and the chief police officer of the city or other police officers shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinance of said city or by the orders of the judge of said court. (B) The jurisdictional limits of said court shall include the corporate limits proper of said city and extend 1,000

Page 2930

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

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

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city. Said court shall have power to issue warrants for the re-arrest of any defendant whose bond has been forfeited. (I) Said court shall have full power and authority, and the council is hereby empowered to adopt, such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. Section 15 A. The mayor and council shall have power and authority to levy and collect an ad valorem tax upon all property, real and personal, within the limits of the City of Kingston, for the ordinary and necessary expenses of running said city. Taxation. Section 16. All persons owning property in said city shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal. Subject to taxation by said city, as of January 1 of each year; and the books for recording same shall be open on January 1 and close on April 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose at the fair market value thereof. Tax returns. Section 17. The mayor of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting of the City Council in January, may select three (3) upright freeholders residing in said city as a board of tax assessors. The mayor shall fix the per diem compensation of said tax assessors, which shall not exceed eight dollars ($8.00) per day for each tax assessor. Vacancies on said board may be filled by the mayor as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessor to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax return made to them by property owners, and to increase the valuation of any real estate

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or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her, or its real estate or personal property, as hereinafter required, by the first day of April in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. They shall make a return of their work within thirty (30) days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five (5) days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five (5) days before said hearing to a nonresident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Tax assessors. (A) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the council of said city, provided said appeal be filed in writing with the clerk of said city within five (5) days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said council at its next regular meeting, unless continued for cause, and its decision shall be final. The council of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value.

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(B) The council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Section 18. The taxes of said city shall fall due on December 20 of each year, and the tax executions shall be issued against all persons who have not paid their taxes by that time. All tax executions shall be signed by the clerk, and bear teste in the name of the mayor of said city. The marshal or other police officers of said city, the sheriffs, deputy sheriffs and constables of this State shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of the Code of Georgia, sections 92-4301, etc., and 92-4401. Tax executions. Section 19. The City of Kingston, created by this Act, shall have full power and authority to license, regulate, control or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicines, soaps, notions, and all other articles; also hotels, boarding houses, restaurants, lunch stands, drinking stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool, and other kind of tables, tenpine, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughterhouses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks, or otherwise; and all

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businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And said city shall have the power to require registration of, and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said City; and said city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said city shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Business license, etc. Section 20. (A) The City of Kingston, created by this Act, shall have full power and authority in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage the streets, sidewalks, and public lanes and alleys of said city; to put down curbing, cross drains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, the Act of the General Assembly of Georgia, approved August 25, 1927 (Acts of 1927, pp. 321-335), (Chapter 69-4 of the Code of Georgia, as amended, with the exception of Code Section 69-402), providing a method for making improvements in municipalities having a population of six hundred (600) or more population, is hereby adopted and made a part of this Act, and the Council of the City of Kingston, created by this Act, is hereby made the governing body referred to and authorized to act under the terms of said Act hereby adopted and made a part hereof. Streets, etc. (B) In all cases where street paving or repairing is

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contemplated on any street in said city, in which water mains, sewers, pipes, or electric wiring conduits are laid, or are to be laid, said city shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property line extensions against the property to which said connections are made, and in the same manner as assessments for street paving are made and collected. Section 21. Said City of Kingston shall have full power and authority to contract for the furnishing or distributing of or to furnish or distribute water, gas, heat and sewerage for the public use of said city, and for private use and charge therefor; to grant franchises for or to contract for, or to own, construct, enlarge, operate, and maintain a system for the manufacturing and/or supplying gas and/or heat; to purchase electric energy; and to maintain the supplying of said public service. Utilities. Section 22. Said City of Kingston shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, gas, heat, and sewer service, by the following methods: Same. (A) By making said charges for water, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water, gas, heat, or sewer services shall be shut off from the building, place or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, is fully paid; and further it may be provided for the issuance of an execution for the unpaid charges for water, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or

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other person in possession or having the right to possession and use of such real estate has by contract agreed to pay for such charges. (B) Said city shall have full power to require prompt payment in advance for all water, gas, heat, and sewer service furnished by said city; or require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, gas, heat, and sewer service where payment in advance or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, gas, heat, or sewer service. Should any consumer fail to pay all water, gas, heat, or sewer charges due by him to said city, then said city may cut off water, gas, heat, or sewer services from the premises, and, should he move to another place in said city, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (C) Said city shall have power to adopt all necessary ordinances to put either method in force in said city, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (D) The provisions of this section shall be applicable to charges for any public utility service provided or furnished by said city, including water, gas, heat and sewer service. Section 23. Said city is authorized to enact any and all ordinances, rules, and regulations, necessary to lay out and prescribe a fire district in said city, and to enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may be, how the chimneys, stoves, pipes, and flues are to be constructed; to provide for fire escapes

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in said buildings; and generally do all such things and to pass such laws and ordinances as the city may deem necessary in order to protect said city as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. It shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove pipes, or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the city may order such building removed or altered and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire district. Section 24. (A) The City of Kingston may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determinations and establishment of districts and

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regulations, classification may be based on the nature or character of the trade, industry, or other activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission to be composed of not more than three (3) members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals, to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Bartow County. Zoning, etc. (B) In lieu of the above power of planning and zoning, the City of Kingston is authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities, counties, or municipalities and counties. Section 25. The City of Kingston shall have full power and authority to condemn private property except the property of any existing public utility for any public purpose, such as establishing public streets, sidewalk, parks, and playgrounds; for rights-of-way for any water supply, gas, or sewer line, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the city 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

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sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by town and cities as contained in Georgia Code, 1933, section 36-301, et seq. Condemnation. Section 26. The council of said City of Kingston shall have power and authority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State for the purpose of refunding valid existing debts, establishing, improving, and maintaining a water supply system, establishing, improving, and maintaining a sewerage system, and other public service or utility system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Debts, bonds, etc. Section 27. In addition to the power and authority vested in said City of Kingston, created by this Act, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: Ordinances. (A) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect health of said city, to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said city; (B) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases, either in or outside of said city, and to co-operate in the

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management and control of any public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same; (C) To own and regulate cemeteries and parks, either within or without said city, to establish, control, and govern a municipal market in the said city, to own or contribute to the support and maintenance of swimming pool, golf links, parks and playgrounds, either within or without the corporate limits of said city; (D) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said city; to regulate or prohibit sale and shooting of fireworks and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said city; (E) To regulate the character of buildings to be erected in said city, and to adopt and enforce building requirements and/or permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electric wiring in structures in said city; (F) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; (G) To grant franchises, easements, and rights-of-way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said city, on such terms and conditions as may be prescribed; and to regulate all public services or utility corporations doing business in said city in any manner not in conflict with State or Federal Law; (H) To establish, equip, and maintain a fire department; (I) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same;

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(J) To provide, equip, and maintan a prison and chaingang, and to regulate the same; and to provide for the working of convicts on the streets of said city, or any public works of said city, both within and without the corporate limits; (K) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, jacks, taxis, jitneys, and transfer companies operating in said city, and to regulate the operation thereof; (L) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (M) To lay out and open new streets and alleys in said city; and to change the grades thereof; (N) To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the mayor's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury; (O) To require connection with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein. Section 28. The enumeration of powers contained in this Act shall not be considered as restrictive; but the City of Kingston and the authorities of said city may exercise all powers, rights, and jurisdictions as they might if such enumeration were not made, and the council may pass all laws and ordinances, rules, and regulations they may deem needful and proper for the general

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welfare and protection of said city; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the council may prescribe additional regulations and modes of procedure, not repugnant to the interest and purpose of this Act or the laws of this State. Section 29. No electric light, gas, water, or other public utility plant or system, now or hereafter owned by the City of Kingston, shall ever be sold, leased or otherwise disposed of by the City of Kingston, created by this Act, except in the manner provided by, and in strict compliance with, the Act of the General Assembly of Georgia approved August 25, 1925 (Ga. L. 1925, pp. 177-179) (Sections 91-90191-904 of the Code of Georgia); and the provisions of said Act are hereby incorporated as a part of this section by this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason. Any other property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said city by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said council, making conveyance thereof; provided, however, that no conveyance of any property worth over one hundred dollars ($100.00) shall be made unless public notice is give of intention to convey in the newspaper of general circulation in the county in which sheriff's advertisements are made at least once a week for three (3) consecutive weeks immediately prior to such sale or encumbrance; provided, further that nothing in this Section shall vary the laws regarding bond issues. Sale of property. Section 30. Not less than thirty (30) nor more than forty-five (45) days after the approval of this Act by the Governor or it otherwise becomes law, it shall be the duty of the present mayor and council of the City of

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Kingston to issue the call for an election for the purpose of submitting this Act to the voters of the City of Kingston for approval or rejection. The date of the election shall be set for a day not less than thirty (30) nor more than forty-five (45) days after the issuance of the call. The city clerk 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 Bartow County. The ballot shall have written or printed thereon the words: For approval of the Act granting a new charter to the City of Kingston. Referendum. Against approval of the Act granting a new charter to the City of Kingston. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection 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 hereinafter provided. 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 the City of Kingston. It shall be the duty of the mayor and council of said city to hold and conduct such election. They shall hold such election under the same 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 31. If this Act shall be approved at the referendum provided for in section 30 hereof, it shall become of full force and effect immediately. Provided, however, that the present mayor and council shall remain in office until January 1, 1960, or until their successors in office are duly elected and qualified. Effective date.

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Section 32. An Act granting a new charter to the Town of Kingston approved March 19, 1869 (Ga. L. 1869, p. 81), as amended, an Act approved October 24, 1870 (Ga. L. 1870, p. 208), an Act approved February 22, 1873 (Ga. L. 1873, p. 150), an Act approved December 16, 1895 (Ga. L. 1895, p. 241), and an Act approved August 15, 1910 (Ga. L. 1910, p. 788), is hereby repealed in its entirety. Prior Acts repealed. Section 33. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the undersigned intends to apply to the General Assembly of Georgia at the January 1959 session thereof for an amendment to the Charter of the Town of Kingston, giving to said town the power to contract for or to purchase, construct, operate, finance and maintain water systems, natural, liquified and artificial gas systems, sewerage system, electric systems and all other public utilities; and to hypothecate and pledge the revenues to be received therefrom for the purchase of the capital assets necessary to the construction and operation and to refinance the same, to operate, regulate and protect the same both inside and outside the corporate limits therein adjacent territory, to ratify the acquisition and financing of all such systems already installed, to purchase and own and acquire by eminent domain any property located outside the corporate limits thereof necessary or desirable in connection with any of the public utilities or town government and to sell the same when no longer needed for town purposes, to fix the Town tax rates on all types of property, to make contracts with other municipalities to furnish public utilities for said town and its people over such periods of time as it deems advisable and to participate in such contracts on a joint basis, to provide for the election of officers, to open, close and alter streets and to grant to public utility companies and contracting municipalities franchises, easements and rights of way in the Town in, upon, over and under its public streets and

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alleys to serve the people of the Town, and to ratify any existing franchises, and for other purposes. This 7th day of January, 1959. Town of Kingston By: Henry A. Keever, Town Attorney. 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 Tribune News Publishing Company, which is the official organ of said county, on the following dates: 1/8/59 1/15/59 1/22/59. W. H. Bradley Representative, Bartow County Sworn to and subscvribed before me this 9th day of February, 1959. Amelia Smith Notary Public (Seal). Approved March 10, 1959.

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CITY OF CARNESVILLETERMS AND COMPENSATION OF MAYOR AND COUNCILMEN. No. 292 (House Bill No. 468). An Act to create a new charter for the City of Carnesville in Franklin County, approved August 20, 1913 (Ga. L. 1913, p. 641), as amended, so as to provide for two (2) years staggered terms for the members of the city council; to set the compensation of the mayor and members of council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create a new charter for the City of Carnesville in Franklin County, approved August 20, 1913 (Ga. L. 1913, p. 641), as amended, is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. Beginning with the election held on the second Wednesday in December 1959 and annually thereafter on the second Wednesday in December, there shall be held an election for mayor and certain councilmen as hereinafter provided. The election shall be held in the city hall in the City of Carnesville or such place as the mayor and council may designate. There shall be five (5) councilmen, and the three (3) persons receiving the highest number of votes in the election of 1959 shall serve for a term of two (2) years from the date of their installation and until their successors are elected and qualified. The two (2) persons 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 all members of council shall serve for two (2) years and until their successors are elected and qualified. The term of mayor shall continue to be one (1) year. Section 2. Said Act is further amended by striking from section 11 the words Be it further enacted, That

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the terms of office of the mayor and councilmen of the City of Carnesville shall be one year after the first Wednesday in January after their election and until their successors are elected and qualified., and inserting in lieu thereof the words Be it further enacted, That the term of office of the mayor shall be for one year after the first Wednesday in January after his election and until his successor is elected and qualified. After the election in 1959, as provided for hereinbefore, the terms of office of the councilmen shall be for two years after the first Wednesday in January after their election and until their successors are elected and qualified., so that when so amended section 11 shall read as follows: Section 11. Be it further enacted, That the term of office of the mayor shall be for one year after the first Wednesday in January after his election and until his successor is elected and qualified. After the election in 1959, as provided for hereinbefore, the terms of office of the councilmen shall be for two years after the first Wednesday in January after their election and until their successors are elected and qualified. On the first Wednesday in January of the year after their election, the mayor and council shall meet in the city hall or council chamber and there severally take before some officer of this State authorized to administer oaths, the following oath of office: I do solemnly swear that I will well and truly demena myself as mayor (or councilmen as the case may be) of the City of Carnesville for the ensuing term and faithfully enforce the charter and ordinances of said city, to the best of my skill and knowledge, without fear or favor, so help me God. Should any councilman or mayor-elect be absent from said meeting, he shall take the oath of office as soon as possible thereafter. Section 3. Said Act is further amended by striking section 42 in its entirety and inserting in lieu thereof a new section 42 to read as follows: Section 42. The may and council shall fix the compensation of all officers provided for in this charter other

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than their own. The mayor and each member of council shall be compensated in the amount of twelve dollars ($12.00) per year each. Salaries. 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, 1959 session of the General Assembly of Georgia, a bill to provide that the five (5) members of the city council of Carnesville, Georgia, be allowed to serve a period of two (2) years; two (2) members shall be elected on alternate years. The mayor shall serve a period of one (1) year. /s/ Anderson Dilworth Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Anderson Dilworth, who on oath, deposes and says that he is representative from Franklin County, and that the attached copy of notice of intention to introduce local legislation was published in the Carnesville Herald, which is the official organ of said county, on the following dates: January 9, January 16 and January 23, 1959. /s/ Anderson Dilworth Representative, Franklin County Sworn to and subscribed before me, this 10th day of February, 1959. /s/ John Tye Ferguson Notary Public, My Commission Expires Oct. 10, 1961. (Seal). Approved March 10, 1959.

Page 2950

CITY OF ALBANYELECTIONS. No. 293 (House Bill No. 471). An Act amending an Act to create and establish a new charter for the City of Albany, (Ga. L. 1923, pp. 370-389, 390), as amended, so as to provide that in future elections all candidates shall be required to receive a majority of the votes cast in elections and primaries in order to be declared nominated or elected; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create and establish a new charter for the City of Albany (Ga. L. 1923, pp. 370-389, 390), as amended, be, and the same hereby is further amended by striking from subsection 14 (p. 389) of section 20 of said Act, the words contained in the fourth and fifth lines of said subsection those receiving the highest number of votes being declared elected, and substituting in lieu thereof the words those receiving a majority of the total votes being declared nominated or elected, so that subsection 14 of section 20 of said Act after being so amended, will read as follows: (14) The board of city commissioners shall, at their first meeting after the election, receive said returns from the city clerk and declare the result of the election in accordance with the certificate of the managers, those receiving a majority of the total votes being declared nominated or elected, or the question voted upon being declared carried or not carried, as the case may be, with certificate, together with the resolution of the commission declaring the results of the election, shall be entered on the minuutes of the commission. Winning candidate must receive majority of votes. Section 2. Said Act is further amended by inserting, following section 20 thereof, a new section to be known as section 20A which shall read as follows: Section 20A. Whenever any political party shall

Page 2951

hold a primary election to nominate candidates for any public office in the City of Albany, no person shall be declared the nominee of such political party unless he shall have received a majority of the votes cast in such primary election. Same, primary elections. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that a bill will be introduced at the present 1959 session of the General Assembly of Georgia to amend the charter of the City of Albany so as to provide that in all future elections to be held within said city, each candidate shall be required to obtain a majority of the votes cast in said election in order to be declared the nominee. /s/ George D. Busbee /s/ Colquitt H. Odom Representatives in General Assembly Georgia, Fulton County. In person before the undersigned attesting officer duly authorized under the laws of this State to adminster oaths, came George D. Busbee and Colquitt H. Odom, who being duly sworn on oath, depose and say they are the joint authors of the Bill described in the foregoing notice and that said notice of local legislation was duly published in the Albany Herald, a newspaper in which the sheriff's legal advertisements are published for Dougherty County, Georgia, once a week for three consecutive weeks, to-wit: January 20th, 27th and February 3, 1959, preceding the introduction of said Bill in the General Assembly of Georgia. /s/ George D. Busbee /s/ Colquitt H. Odom Representatives in General Assembly
Page 2952

Sworn to and subscribed before me this 10th day of February, 1959. /s/ John Tye Ferguson Notary Public, My Commission Expires Oct. 10, 1961. (Seal). Approved March 10, 1959. CITY COURT OF CLAXTONDISTRIBUTION OF MONIES ARISING FROM FINES AND FORFEITURES. No. 296 (House Bill No. 476). An Act to amend an Act establishing the City Court of Claxton, approved August 18, 1919 (Ga. L. 1919, p. 446), as amended, particularly by an Act approved August 11, 1922 (Ga. L. 1922, p. 236), so as to change the distribution of monies arising from fines and forfeitures; to provide for the payment of a percentage of the monies derived from fines and forfeitures to Evans County and to provide that such percentage shall not be subject to the claim of any official of said court; to provide for the distribution of the remainder of said monies; 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 Claxton, approved August 18, 1919 (Ga. L. 1919, p. 446), as amended, particularly by an Act approved August 11, 1922 (Ga. L. 1922, p. 236), is hereby amended by striking section 34 in its entirety and in lieu thereof inserting the following: Section 34. The monies arising from fines and forfeitures in said city court shall be paid over to the clerk of said court. Twenty per cent (20%) of such monies

Page 2953

shall be paid to Evans County and shall not be subject to the claim of any official of said court. Eighty per cent (80%) of such monies shall be distributed as follows: twenty-nine per cent (29%) to the clerk, twenty-nine per cent (29%) to the solicitor, and forty-two per cent (42%) to the sheriff, to the extent that the insolvent cost bills of said officers shall be paid in full, if there be sufficient funds in the eighty per cent (80%) to be distributed to pay the same. Nothing contained herein shall be construced so as to authorize any officer of said court to participate in the twenty per cent (20%) of the monies arising from fines and forfeitures in said court herein provided to be paid into the treasury of Evans County. When any party is sentenced by the judge of said city court for a period of six months, or more, and actually serves six months of his sentence, the officers of said court shall be paid their actual cost in the case to the extent that the eighty per cent (80%) of the monies arising from fines and forfeitures shall be available for such payment. It shall be the duty of the clerk of said court to make a strict accounting to the governing authorities of Evans County as to the distribution of such monies as provided in this section. 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 1959 session of the General Assembly of Georgia, a bill to provide a different method of payment of insolvent cost incurred by the officers of the City Court of Claxton; and for other purposes. This 10th day of January, 1959. /s/ E. W. Strickland, Representative, Evans County.

Page 2954

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ernest W. Strickland, who, on oath, deposes and says that he is respresentative from Evans County, and that the attached copy of notice of intention to introduce local legislation was published in the Clayton Enterprise, which is the official organ of said county, on the following dates: January 15, 22 and 29, 1959. /s/ Ernest W. Strickland Representative, Evans County. Sworn to and subscribed before me this 9th day of February, 1959. /s/ G. Hughel Harrison Notary Public, Georgia, State at Large My Commission Expires April 30, 1961. (Seal). Approved March 10, 1959. CITY OF BELLVILLECHARTERED. No. 297 (House Bill No. 477). An Act to create a charter for the City of Bellville in the County of Evans; to provide for powers and authority of said city; to provide for corporate limits; to provide for a mayor and council; to provide for elections; to provide for voters; to provide for terms of office; to provide for qualifications; to provide for permanent registration; to provide for vacancies; to provide for duties; to provide for employees; to provide for compensation; to provide for police and firemen; to provide a police court and procedure connected therewith; to provide for taxation; to provide for licenses; to provide for revenue-producing projects and systems;

Page 2955

to grant the power of eminent domain; to authorize the making of ordinances; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The City of Bellville in the County of Evans is hereby incorporated under the name and style of the City of Bellville. Said City of Bellville, as a municipality, shall have perpetual succession and is vested with the rights to contract, and be contracted with, to plead and be impleaded, to buy, own, enjoy and sell property of all kinds, to have and use a common seal, and do all other things and acts as may be necessary or needful to promote the municipal corporate purposes of said city, and to exercise such rights, powers, functions, privileges and immunities as ordinarily belong to municipal corporations generally under the law, as well as those hereinafter enumerated. Said corporate body under the name and style of the City of Bellville shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise, to receive, hold, possess, enjoy and retain in perpetuity or for any term of years or dispose of in any manner known to law, any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of the City of Bellvill for corporate purposes. The said city, through its mayor and council as hereinafter provided for, shall have special power to make and enter into contracts and agreements, as it may deem necessary for the welfare of the city or its citizens, and specially to make contracts with public or private electric light or power plants, telephone companies, waterworks plants or gas plants, or any other public convenience or necessary company for their products, service and convenience; to assess values of property; to levy and collect taxes, licenses, or other assessments thereon, and to remove nuisances and to have full power, control and supervision over all the streets, lanes, highways, sidewalks and alleys of the city. Chartered, powers. Section 2. The corporate limits of the City of Bellville

Page 2956

shall extend and embrace the following area: All of that area situate, lying, and being within the area one mile square, the center of said area being at the intersection of State Route 169 and State Route 292 in Evans County with the boundaries thereof as follows: Corporate limits. Beginning at the center point northward along the center of State Route 169 for a distance of one-half mile, thence due east a distance of one-half mile, thence due south one mile, thence due west one mile, thence due north one mile, thence east for one-half mile to the center of State Route 169, that is one-half mile north of the center of said area. It being the intent and purpose of this Act to establish the corporate limits as all that area embraced in the above described area. Section 3. The government, supervision, powers and control of the City of Bellville shall be vested in the mayor and three councilmen. From the effective date of this Act through December 31, 1959, the mayor shall be Honorable O. H. Daniels, Jr., and the three councilmen of the City of Bellville shall be Honorable H. K. Nease, Honorable I. C. Hearne, and Honorable Roger Wood. On the first Wednesday in December 1959, and annually thereafter on the same date and in the same month an election shall be held in said city for the election of the officers whose terms expire at the end of the year in which the election is held. All such elections shall be held under such supervision, rules, and regulations as the council may prescribe. In the December 1959 election a mayor and one councilman shall be elected for a term of two years ending December 31, 1961. Two councilmen shall be elected for a term of one year ending December 31, 1960. In the 1959 election the candidate for councilman who shall receive the highest number of votes shall be elected for a term of two years. Thereafter, in the year in which the term of mayor and councilman expire, successors shall be elected for a period of two years and until their successors are elected and qualified. The mayor and councilman so elected shall assume office on January 1 following their election. Mayor and councilmen. This procedure is provided so as to provide that after

Page 2957

the initial elections herein provided, that in the odd-numbered years a mayor and one councilman shall be elected, and in the even-numbered years two councilmen shall be elected. Section 4. Any person who is a resident of the territory described as the corporate limits of the city and who has been a resident thereof for the six months immediately preceding the date of the election, and who is twenty-one years of age and a qualified voter of said city, shall be eligible to be elected as mayor or councilman. Should the mayor or any councilman remove his residence from within the corporate limits of said city during his term of office, his office shall immediately become vacant. Same. Section 5. Any person who has been a bona fide resident of said city for the six months immediately preceding an election and who is qualified to vote for members of the General Assembly, and is properly registered, shall be allowed to vote at any election held in said city. Voters. Section 6. The mayor and council shall provide suitable books or cards, or both for the permanent registering of voters of said city. Every person registered shall take the following oath: I do hereby solemnly swear that I am eighteen years of age, that I will have been a resident of the City of Bellville for six months on or before the date of the next city election and am qualified to vote for members of the General Assembly. Registration of voters. The clerk or other person designated by the mayor and council shall be the registrar of the city. He is hereby given the authority to administer the above oath. No person registering shall be required to again register as a qualified voter of said city as long as he remains a resident thereof and does not become otherwise disqualified. Whenever an election is to be held for said city, the registrar shall close the registration records five days before such election. It shall be the duty of the registrar

Page 2958

to make a list of qualified voters for each election. The mayor and council are hereby authorized to provide by ordinance for additional rules and regulations regarding the registration of voters for said city. Section 7. In the case of a vacancy in the office of mayor or any councilman by reason of death, removal, disability or from any cause other than the expiration of the term of office, such vacancy shall be filled by appointment by the mayor and remaining members of the council, or the remaining members of the council, as the case may be. The person so appointed shall serve for the remainder of the unexpired term. Mayor and council, vacancies. Section 8. Before entering upon their duties as mayor and council of said city, the mayor and council shall take the following oath: I do solemnly swear that I will faithfully discharge the duties devolved on me as mayor or councilman (as the case may be) of the City of Bellville; that I will faithfully execute and enforce the laws and ordinances of said city to the best of my ability, skill and knowledge, so help me God. Same, oath. Section 9. The mayor shall be the chief executive officer of said city and shall be charged with the duty of seeing that all laws, ordinances, rules and regulations of said city are enforced. He shall preside at all meetings of the council. Mayor. Section 10. The mayor and council shall constitute the legislative department of said city, and as such shall have full power and authority to establish such rules, laws, ordinances, regulations and orders as they deem proper, respecting any and all municipal affairs, and which they may consider necessary or proper, or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants thereof, and for the preservation, peace, good order, and dignity of said government. Mayor and council.

Page 2959

Section 11. The members of the council shall elect one of their number as mayor pro tem., who shall serve in the absence of the mayor and shall be vested with all the power and authority of the mayor. Mayor pro tem. Section 12. The mayor and council of said city may elect a city clerk and treasurer, who shall hold office for such period of time and receive such compensation as may be provided by said mayor and council. Said mayor and council likewise may elect such other city employees as in their opinion should be employed. All such employees shall be elected for such term and upon such conditions as may be prescribed by said mayor and council, and shall receive such compensation as may be provided at the time of election. City officers and employees. Section 13. The mayor and council of the City of Bellville shall have full power to fix the time, place and rules of procedure of their regular sessions. The mayor shall have power to convene the city council in special sessions whenever he deems it proper, and the mayor and council shall have full authority and power to perform any of their duties or powers at a special or called session. Council meetings. Section 14. The salary of the mayor and members of the council shall be fixed by ordinance, but such salaries shall not exceed the sum of fifty ($50.00) per annum for the mayor, or twelve ($12.00) dollars per annum for members of the council. Salaries. Section 15. The mayor and council shall have authority to elect a chief of police and such other policemen as they deem desirable and necessary, and to fix the compensation therefor. Police. Section 16. The mayor and council shall likewise have the right to establish a fire department, with such officers and employees and at such salary as the mayor and council may determine. Fire department. Section 17. There shall be a police court in said city,

Page 2960

which shall have jurisdiction to try offenses against the laws and ordinances of the principal government, and shall be presided over by the mayor of said city, or the mayor pro tem., in the absence or disqualification of the mayor. Police court. Section 18. The mayor, as the presiding officer of said police court, shall have power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed one hundred ($100.00) dollars, or to imprison offenders for a period of not more than thirty (30) days. He shall have the power to punish for contempt by a fine not to exceed fifty ($50.00) dollars, or imprisonment not to exceed thirty (30) days. He shall have the power of a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force, and to try and to commit the offender to jail in Evans County, or admit them to bail, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Same. Section 19. The chief of police or some other member of the police force, to be designated by him, shall attend the sessions of said court, and act as clerk thereof. He shall sign and execute all processes, summons, subpoenas, and other processes from said court. Same. Section 20. There shall be an appeal from the judgments or decisions of the police court of said city by writ of certiorari to the Superior Court of Evans County, Georgia, and such writ of certiorari shall be obtained in the manner now provided by the general laws of the State of Georgia. Same, certiorari. Section 21. The mayor shall have full authority and power to pardon or suspend or commute the sentence of any person convicted of a violation of any ordinances of said city. Same, pardon, etc. Section 22. The mayor and council of said city shall

Page 2961

have the power therein to lay off, close, open and keep in good order and repair roads, streets and sidewalks, for the use of the public, and to provide how said paving, maintenance or care shall be paid, whether by said town or by the adjacent landowners, or by both; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of a majority of the whole council, shall be a nuisance; to protect the property and person of the citizens of said city; to preserve the peace and good order therein, and to punish all offenders for any and all kinds of disorderly conduct and breach of the peace in said city; to provide for the annual assesment of taxable property therein, which in no event shall be greater than ten ($10.00) dollars on the thousand dollars worth of taxable property; to adopt rules for the regulations and government of its own body. The mayor and council shall have power to make and pass all needful orders, ordinances and bylaws not contrary to the Constitution and laws of Georgia, to carry into effect the foregoing enumerated powers, and all others conferred upon said city. Ordinances, taxes, etc. Section 23. The mayor and council are hereby authorized to provide by ordinance for the licensing of businesses, professions and trades, and to fix the fee for such licenses. Business licenses. Section 24. Said city, by and through its mayor and council, shall have full power and authority to acquire, construct, reconstruct, improve,a and extend revenue-producing projects and systems, including condemnation of lands or premises necessary for same except property of an existing public utility, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable from such revenues, to finance the

Page 2962

cost of construction and operation of same, and to exercise all the powers and authorities to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State, and Acts amendatory thereof. Utilities. Section 25. The City of Bellville shall have the power of eminent domain to condemn property for the use of said city, either within or without the corporate limits thereof, except property of an existing public utility. Eminent domain. Section 26. Said mayor and council shall likewise have the power to prescribe by ordinance, rules and regulations for the erection or improvement of any building of any kind within the limits of said city, with authority to require building permit before same can be erected, and likewise full and complete authority to control and regulate the installation of all plumbing, for the protection of the property, the health and comfort of the inhabitants of said city. Building permits. Section 27. 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 a Bill will be introduced at the January, 1959, Session of the General Assembly of Georgia, for the incorporation of the Town of Bellville, in Evans County, Georgia, with the rights and powers of such corporations. This the 21st day of January, 1959. H. C. Hearn, Sr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ernest W. Strickland, who, on oath, deposes and says that he is representative from Evans County, and that the attached copy of notice of intention to introduce local legislation was published in the Clayton Enterprise, which is the

Page 2963

official organ of said county, on the following dates: January 22 and 29, 1959, and February 5, 1959. /s/ Ernest W. Strickland Representative, Evans County. Sworn to and subscribed before me this 9th day of February, 1959. /s/ G. Hughel Harrison Notary Public, Georgia, State at Large My Commission Expires April 30, 1961. (Seal). Approved March 10, 1959. CITY OF ALBANYGENERAL MANAGER AND DEPARTMENT MANAGERS OF WATER, GAS AND LIGHT COMMISSION. No. 298 (House Bill No. 479). An Act to amend an Act to create and establish a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, pp. 370-401), by striking subsection 3 of section 26 (p. 401) in its entirety; to provide a manner and method of electing a general manager of the water, gas and light commission; to provide for his tenure in office and his qualifications; to provide a method for his removal and his right to appeal therefrom, to provide his compensation, his administrative responsibilities and enumerate his powers and duties; to provide for the appointment of an assistant to general manager, superintendent of water department, superintendent of gas department, superintendent of light and power department and an office manager, defining their respective qualifications and for their compensation; providing for the removal or discharge of said subordinate employees, and for other purposes.

Page 2964

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 401), is hereby amended by striking in its entirety sub-section 3 of section 26 of said Act and substituting in lieu thereof, the following: (3) The Board of Water, Gas and Light Commissioners shall elect one General Manager of Water, Gas and Light Commission whose term of office shall be until his successor is named and qualified. The general manager shall be subject to removal after due notice of the nature of the charge, and for just cause, after a public hearing before the commissioners and only on a majority vote of the members of the Board of Water, Gas and Light Commissioners. The right of the general manager to representation by counsel and right to list of witnesses on whose testimony charge is based, is preserved. His right of the decision of the Water, Gas and Light Commission to appeal to the Board of City Commissioners is preserved. The manager shall be the administrative head of the commission. Such manager shall be chosen by the Board of Water, Gas and Light Commissioners without regard to political beliefs and solely upon the basis of the executive and administrative qualifications of such person. Such manager shall be a registered professional engineer with five years experience or shall have held a responsible management position in utility operation for five years. The choice shall not be limited to inhabitants of the City or the State. General manager. (a) Compensation: The general manager shall receive such compensation as may be prescribed by the Board of Water, Gas and Light Commissioners. (b) Administrative Responsibility: The general manager must devote all of his working time and attention to the affairs of the Commission and shall be responsible to the commission for the efficient administration of all the affairs of the commission.

Page 2965

(c) Powers and Duties Enumerated: The general manager shall have the power and it shall be his duty: 1. To see that all rules and regulations are enforced. 2. To appoint and employ all necessary employees of the commission. 3. To remove employees employed by him without the consent of the commission and with good and just cause; such employee may appeal the general manager's decision to the commissioners. 4. To exercise supervision and control of all departments and all divisions created in the charter or that may hereafter be created by the commission except as otherwise provided in this Act. 5. To attend all meetings of the commission with a right to take part in the discussions, but having no vote. The general manager shall be entitled to notice of all special meetings, and shall have authority to call special meetings as needed. 6. To recommend to the commission for adoption such measures as he may deem necessary or expedient. 7. To see that all terms and conditions imposed in favor of the commission or inhabitants of the city in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof call the same to the attention of the Board of Water, Light and Gas Commission, whose duty it shall be forthwith to take steps as are necessary to protect and enforce the same. 8. To act as budget manager with such committee as the commission may appoint to prepare and submit to the commission prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts

Page 2966

allotted to each department, and the reasons for such estimated expenditures. 9. To keep the commission at all times fully advised as to the financial condition and needs of the commission. 10. To make a full written report to the commission on the first of each month showing the operations and expenditures of each department for the preceding month. 11. To fix all salaries and compensations of commission employees lawfully employed by him, subject, however, to supervision, control or disapproval by the commission. 12. To perform such other duties as may be prescribed by this act, or required by resolution of the commission. 13. The general manager shall be the purchasing and contracting agent for the commission by whom all the purchases of supplies and services, and all contracts shall be made. He shall secure three (3) or more prices, except on emergency purchases, on all purchases and approve all vouchers for same; provided that all contracts or agreements made by him requiring the expenditure of money to the amount of five hundred dollars ($500.00) or more shall be approved by the Board of Water, Gas and Light Commissioners, except on emergency purchases. There is also created by this Act: 1. Assistant to General Manager. 2. Superintendent of Water Department 3. Superintendent of Gas Department 4. Superintendent of Light and Power Department 5. Office Manager.

Page 2967

Qualifications of the Assistant to General Manager and Superintendents of each Department: He shall be a graduate engineer with at least four (4) years experience or a licensed professional engineer, or shall have at least five (5) years experience in that particular field. The office manager shall be a public accountant or shall have at least five (5) years experience in public utility accounting. All the above officers shall be employed by the general manager and directly under his supervision. Compensation shall be fixed by the general manager subject to approval of the commission. The general manager shall have the right to remove the above officers without consent of commission with good and just cause; however, such officials shall have the right to appeal the general manager's decision to the Board of Water, Light and Gas Commission and finally to the Board of City Commissioners. Be it further enacted by the authority aforesaid: 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 present session of the General Assembly, a bill to amend the city charter of Albany so as to change the method of appointing the manager and other employees of the water, gas and light departments, to define their duties, and tenure of office, and for other purposes. /s/ George D. Busbee /s/ Colquitt H. Odom Representatives, Dougherty County.
Page 2968

Georgia, Fulton County. In person before the undersigned attesting officer duly authorized under the laws of this state to administer oaths, came George D. Busbee and Colquitt H. Odom, who being duly sworn on oath, depose and say they are the joint authors of the bill described in the foregoing notice and that said notice of local legislation was duly published in the Albany Herald, a newspaper in which the sheriff's legal advertisements are published for Dougherty County, Georgia, once a week for three consecutive weeks, to-wit; January 20th, 27th and February 3rd, 1959, preceding the introduction of said bill in the General Assembly of Georgia. /s/ George D. Busbee /s/ Colquitt H. Odom Representatives, Dougherty County. Sworn to and subscribed before me this 10th day of February, 1959. /s/ Amelia Smith Notary Public, Georgia, State at Large My Commission Expires October 4, 1960 (Seal). Approved March 10, 1959. CITY OF MACONCORPORATE LIMITS. No. 299 (House Bill No. 481). An Act to amend an Act approved August 3, 1927, entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter

Page 2969

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, relating to the corporate limits of the City of Macon, and particularly to amend the Acts amending said section 2 approved March 6, 1956 (Ga. L. 1956, pp. 3125-3137), March 13, 1957 (Ga. L. 1957, pp. 2900 to 2914, and March 17, 1958 (Ga. L. 1958, pp. 2404 to 2409); to make a change and correction in said Act of 1958; to add at the end of said section 2, as amended by said Acts of 1956, 1957 and 1958, description of new territory to become a part of the City of Macon; to describe such new 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 Act; 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,

Page 2970

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 amending section 2 of said act of 1927, as amended, and approved March 6, 1956 (Ga. L. 1956, pp. 3125-3137), March 13, 1957 (Ga. L. 1957, pp. 2900-2914), and March 17, 1958 (Ga. L. 1958, pp. 2404-2409), relating to the corporate limits of the City of Macon, be further amended as hereinafter set forth. Section 2. The first paragraph of section 1 of the Act approved March 17, 1958 (Ga. Laws 1958 at page 2406) is amended by striking the letter L in the parenthesis appearing in the eighth line on page 2406 of the published Acts of the General Assembly of 1958 and inserting in lieu thereof the letter M; and by striking the letter L in the parenthesis appearing at the beginning of the fourteenth line on the same page of said published Acts, and inserting in lieu thereof the letter M, so that said sub-section of said section 2 of the charter of the City of Macon, as amended by said Act of 1958, shall be known as sub-section (m). 1958 Act amended. Section 3. Section 2 of said Act of 1927, as amended by the Acts approved March 6, 1956 (Ga. L. 1956, pp. 3125-3137), March 13, 1957 (Ga. L. 1957, pp. 2900 to 2914), and March 17, 1958 (Ga. L. 1958, pp. 2404-2409) is further amended by adding at the end of said section 2, as amended by said Acts of 1956, 1957 and 1958, description of new territory to become a part of the City of Macon, to be known as sub-sections (n), (o), (p), (q) 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: (n) All that tract or parcel of land in Bibb County, Georgia, more particularly described as follows: The southerly half of Dempsey Avenue commencing at the intersection of the center line of Dempsey Avenue

Page 2971

with the southwest line of Stadium Drive and running to the intersection of the center line of Dempsey Avenue with the center line of Canton Street; and commencing at the intersection of the center line of Dempsey Avenue with the center line of Rock Street and running to the intersection of the east line of Pio Nono Avenue with the center line of Dempsey Avenue; and, (o) All that tract or parcel of land lying and being in land lot 38, Macon Reserve East, Bibb County, Georgia, being part of the property shown on a plat thereof recorded in plat book 30, folio 235, clerks's office, Bibb Superior Court, and shown and designated upon said plat as the David Hazelhurst property and lot 1 (Rogers property) and lot 2 (Brittingham) and more particularly described as follows: Beginning at a point on the westerly right of way line of the new Gray Highway where the same is intersected by the southerly line of land lot 38, Macon Reserve East, and from said beginning point extending along the right of way of the new Gray Highway north 26 29[prime] east a distance of 521.7 feet to an iron pin; thence extending north 84 13[prime] west 56.6 feet; thence extending north 89 53[prime] west a distance of 72.1 feet; thence extending north 87 30[prime] west a distance of 161.5 feet; thence extending north 87 23[prime] west a distance of 141.6 feet to an iron pin and the easterly right of way line of Clinton Street (the last forementioned readings from the new Gray Highway to Clinton Street are along the southerly line of property owned, now or formerly, by Miss Ida Mamie Pickett); thence extending in a southerly direction along the easterly right of way line of Clinton Street a distance of 323.6 feet to an iron pin; thence in a westerly direction a distance of 3 feet to the easterly line of Clinton Street as shown on said plat; thence in a southwesterly direction along the easterly line of said Clinton Street a distance of 193 feet to said point where the southerly line of land lot 38 intersects the easterly line of Clinton Street; thence north 88 48[prime] east 53.3 feet to an iron pin; thence north 87 15[prime] east 144.3 feet to an iron pin (the last two mentioned readings represent

Page 2972

the distance along the south line of property referred to above as lot 1, Rogers property, and are as shown on plat recorded in plat book 28, folio 76); thence north 88 54[prime] east 109.5 feet to a cherry tree; thence north 88 41[prime] east 36.8 feet to the point of beginning; and, (p) All that tract or parcel of land in Bibb County, Georgia, more particularly described as follows: Commencing at a point on the present corporate limit line of the City of Macon, which point is the northeast corner of lot A as shown by a plat of record in plat book 23, folio 74, clerk's office, Bibb Superior Court, and from said starting point running in a southeasterly direction in a straight line a distance of 190 feet, more or less, to the point marking the northwest corner of property now owned by Patrick B. O'Malley and now known and designated according to the present system of numbering on Upper River Road as 1853 Upper River Road; thence running along the rear boundary line of said O'Malley property in a southeasterly direction a distance of 75 feet to a point on the dividing line between the said O'Malley property and property now owned by Mrs. Betty Crowell and designated according to the present numbering system as aforesaid as 1845 Upper River Road; thence angling left and running along said dividing line, which line is the northwesterly line of said Crowell property, in a northeasterly direction a distance of 50 feet to a point which marks the northwesterly corner of said Crowell property; thence angling right and running in a southeasterly direction along the rear line of the said Crowell property a distance of 125 feet to a point which marks the northeast corner of said Crowell property; thence angling right and running in a southwesterly direction along the southeasterly line of said Crowell property, and an extension thereof across Upper River Road, a distance of 370 feet, more or less, to a point where said line, extended as aforesaid, intersects the southerly right of way line of Upper River Road; thence angling left and running along said southerly right of way line of Upper River Road a distance

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of 520 feet, more or less, to a point which marks the northwesterly corner of lot 19, division L, Shirley Hills addition, as shown by a plat of record in plat book 20, folio 36, said clerk's office; thence angling right and running along the southeasterly line of said lot 19 a distance of 209.5 feet, more or less, to a point which marks the southeast corner of said lot 19; thence angling right and running in a northwesterly direction along a line which marks the rear boundaries of lots 19, 18, 17, and 16, division L, Shirley Hills addition, a distance of 345 feet, more or less, to a point which marks the southwest corner of said lot 16; thence running in a northwesterly direction in a straight line a distance of 60 feet to a point which marks the southeast corner of lot 15, division L, Shirley Hills addition; thence running in a northwesterly direction along the rear boundary line of lots 15, 14, 13, 12 and 11, division L, Shirley Hills addition, a distance of 415.4 feet to the present corporate limit line of the City of Macon; thence along said corporate limit line and running generally in a northeasterly direction to the point of beginning. (q) All that tract or parcel of land lying and being in Bibb County, Georgia, and being lots 1 and 2 and part of lots 4 and 5, block A, Forest Hill subdivision, and more particularly described in accordance with a plat prepared November 21, 1958, and certified by Thomas H. Winchester, Jr., Georgia Registered Surveyor No. 757, a copy of which plat is hereto attached and by reference made a part hereof as follows: Beginning at the intersection of the southerly line of said lot 1 in block A of the Forest Hill subdivision with Forest Hill Road which intersection is on the northerly side of a 20 foot alley between said lot 1 of block A and lot 5 of block C, proceeding thence north 79 19[prime] west 548 feet along the southerly side of said lot 1, thence proceeding north 87 06[prime] west 205.3 feet along the southerly side of said lot 1, thence proceeding north 51 41[prime] west 35.2 feet, thence proceeding north 23 43[prime] west 820 feet, thence proceeding north 2 33[prime] east 49.2 feet, thence proceeding north 17 19[prime] east 37.3 feet,

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thence proceeding north 33 08[prime] east 49.3 feet, thence proceeding north 49 41[prime] east 27.2 feet, thence proceeding north 62 36[prime] east 41.7 feet, thence proceeding north 75 35[prime] east 357.7 feet to property of Robert M. Corley, thence proceeding south 35 12[prime] east 18.3 feet along the property of said Corley, thence proceeding south 83 55[prime] east 374.1 feet along the line of said Corley to the westerly line of property of John T. Faircloth, thence proceeding 24 47[prime] east along the westerly line of said Faircloth and Kelly L. Driggers 306 feet, thence proceeding south 84 43[prime] east 245.1 feet along the southerly line of said Driggers and the northerly side of a 12 foot drive to the westerly side of Forest Hill Road, thence preceeding south 22 44[prime] east along the westerly side of Forest Hill Road 13.6 feet, thence proceeding north 84 43[prime] west 251.5 feet, thence proceeding north 83 40[prime] west 291.1 feet, thence proceeding south 36 03[prime] east 101.5 feet along the line of property of Mrs. Willie M. Chandler, thence proceeding south 77 55[prime] east 539 feet along the southerly line of property of said Mrs. Chandler to the westerly side of Forest Hill Road, thence along the westerly side of Forest Hill Road, in a generally southerly direction to point of beginning and containing 21 acres, more or less. Section 4. All laws and part of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned attesting officer, Andrew W. McKenna, representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for three consecutive weeks to wit: January 10, January 17 and January 24, 1959, 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

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in which the advertisements of the sheriff of the County of Bibb were and are published. Andrew W. McKenna, Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply to the January, 1959 session of the General Assembly of Georgia for the passage of the following bills, to-wit: (1) An Act to amend an Act of the General Assembly of Georgia, Ga. Laws 1872, p. 222, 239, by adding to Section 57 thereof language empowering the City of Macon to lease a certain tract of land in that portion of the City Reserve now known as Central City Park, as set forth therein, to the Macon Boat Club, Inc., its successors or assigns, for such period of time as the Mayor and Council of said City shall deem appropriate, notwithstanding the limitation as to term contained in said Act of 1872. (2) An Act to amend Section 2 of the charter of the City of Macon, as amended, relative 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. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of 1945. This 8th day of January, 1959. C. Cloud Morgan, City Attorney.
Page 2976

Sworn and subscribed before me this 10 day of February, 1959. Amelia Smith Notary Public, Fulton County, Ga. My Commission expires Oct. 4, 1960. (Seal). Approved March 10, 1959. CITY OF MACONAUTHORITY TO CLOSE ALLEY. No. 300 (House Bill No. 482). An Act authorizing the City of Macon, through its governing authority, to close, for street purposes all that portion of the ten-foot alley known as New Street Lane in lot 6, square 66 of the Old City of Macon between Riverside Drive and Riverside Drive Lane, being more particularly described as a ten-foot wide alley running perpendicularly to Riverside Drive from Rita Place (also known as Ritta Place) and being one hundred fifty-four and one-tenth (154.1) feet, more or less, in length; and further authorizing the City of Macon thereafter to convey to Marimil, Inc., and Miss Doris Kate Williams the portion of said alley closed. 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 empowered to close for street purposes all that portion of the ten-foot alley known as New Street Lane in lot 6, square 66 of the Old City of Macon between Riverside Drive and Riverside Drive Lane, being more particularly described as a ten-foot wide alley running perpendicularly to Riverside Drive from Rita Place (also known as Ritta Place) and being one hundred fifty-four and one-tenth (154.1) feet, more or less, in length; and thereafter to convey to Marimil, Inc. and Miss Doris Kate

Page 2977

Williams any portion of said alley which is 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, Bibb 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 16, 1959; January 23, 1959; January 30, 1959; 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. Andrew W. McKenna Sworn to and subscribed before me this 10th day of February, 1959. Amelia Smith Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. (Seal).

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State of Georgia, County of Bibb. Personally appeared before me, a Notary Public within and for above State and County, Mary Jean Goette who deposes and says she is checking clerk for The Macon News and is duly authorized by the Publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates: January 16, 1959, January 23, 1959, January 30, 1959. Mary Jean Goette Notice of Intention to Apply for Local Legislation. Notice is hereby given that Marimil, Inc., a Georgia corporation, and Miss Doris Kate Williams, of Bibb County, Georgia, intend to apply for the passage of the following local legislation at the January, 1959 session of the General Assembly of Georgia: An act authorizing the City of Macon, through its governing authority, to close, for street purposes all that portion of the ten-foot alley known as New Street Lane in lot 6, square 66 of the Old City of Macon between Riverside Drive and Riverside Drive Lane, being more particularly described as a ten-foot wide alley running perpendicularly to Riverside Drive from Riverside Drive Lane and being two hundred fifty-six and four-tenths (256.4) feet, more or less, in length; and further authorizing the City of Macon thereafter to convey to Marimil, Inc., and Miss Doris Kate Williams the portion of said alley closed. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of 1945. This 14th day of January, 1959. Buckner F. Melton, As Attorney for Marimil, Inc., and Miss Doris Kate Williams.
Page 2979

Sworn to and subscribed to before me this 30th day of January, 1959. Anna J. Harris Notary Public, Bibb County, Georgia. (Seal). Approved March 10, 1959. CITY OF MACONAUTHORITY TO LEASE A PART OF CENTRAL CITY PARK. No. 301 (House Bill No. 483). An Act to amend section 57 of an Act approved August 27, 1872 (Ga. Laws 1872, pp. 222, 239) entitled An Act to amend the several Acts incorporating the City of Macon, and for other purposes, so as to provide that notwithstanding any provision of said section, the City of Macon shall have the power to lease a certain described portion of Central City Park to the Macon Boat Club, Inc., its successors and assigns for such term and upon such conditions as shall be deemed in the public interest; 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. Section 57 of an Act approved August 27, 1872 (Ga. L. 1872, pp. 222, 239), entitled An Act to amend the several Acts incorporating the City of Macon, and for other purposes is hereby amended by adding the following proviso to the end thereof: And provided further, that notwithstanding anything contained herein above, the City of Macon shall have the power to lease to the Macon Boat Club, Inc., its successors and assigns, the following described portion of Central City Park for such term and upon such conditions as shall be deemed in the public interest; to-wit,

Page 2980

All that tract or parcel of land located in the City of Macon, Bibb County, Georgia, commencing at an iron pin located on the south shoulder of the old Ocmulgee River Levee, which point of beginning is 807.7 feet distant from the center stone marking the center line intersections of Seventh Street and Walnut Street when traversed on a calculated bearing of north 63 53[prime] east and from said point of beginning running south 73 25[prime] east along the south shoulder of the old Ocmulgee River Levee a distance of 309 feet to an iron pin; thence running north 32 55[prime] east a distance of 145 feet, more or less, to the south bank of the Ocmulgee River; thence running along the south bank of the Ocmulgee River in a northwesterly direction a distance of 219 feet, more or less, to the intersection of an extension of the south property line of W. S. Dickey Company; running thence in a southwesterly direction along said W. S. Dickey Company property line and an extension thereof a distance of 136 feet, more or less, to point lying on the south shoulder of the new Ocmulgee River Levee; and from this point running south 26 0[prime] west a distance of 119 feet, more or less, to the point of beginning. Section 2. Be it further enacted that said section, as amended, shall read as follows: Section 57. Be it enacted, etc., that the said Mayor and Council of the City of Macon shall have power to lease or sell any portion of the town commons, or reserve, except that portion of the reserve now known and enclosed as Central City Park, which shall never be sold; nor shall it, or any portion of it, ever be leased, except by a majority vote of the mayor and council; and in no case shall it, or any part of it, be leased exclusively and entirely to any one party or parties for a longer term than five years; and in no case shall such lease work to the disadvantage or inconvenience of the public good of the city, or prevent the free use of the same as a park by the citizens of Macon, at all times, except on occasions when fairs or other exhibitions are held there, for which admission fees are charged by the city or the lessee: Provided, that in no case shall the absolute

Page 2981

control of the half mile track, with its park and buildings attached, ever pass out of the hands of the mayor and council. Safe conditions must always be incorporated in any lease given: and provided further, that any and all rents derived from the lease of Central City Park, or any of its houses or grounds, shall be paid at once into the treasury of the city, for the use of the city or the improvement of the park: and provided further, that notwithstanding anything contained herein above, the City of Macon shall have the power to lease to the Macon Boat Club, Inc., its successors and assigns, the following described portion of Central City Park for such term and upon such conditions as shall be deemed in the public interest; to-wit: All that tract or parcel of land located in the City of Macon, Bibb County, Georgia, commencing at an iron pin located on the south shoulder of the old Ocmulgee River Levee, which point beginning is 807.7 feet distant from the center stone marking the center line intersections of Seventh Street and Walnut Street when traversed on a calculated bearing of north 63 53 east and from said point of beginning running south 73 25[prime] east along the south shoulder of the old Ocmulgee River Levee a distance of 309 feet to an iron pin; thence running north 32 55[prime] east a distance of 145 feet, more or less, to the south bank of the Ocmulgee River; thence running along the south bank of the Ocmulgee River in a northwesterly direction a distance of 219 feet, more or less, to the intersection of an extension of the south property line of W. S. Dickey Company; running thence in a southwesterly direction along said W. S. Dickey Company property line and an extension thereof a distance of 136 feet, more or less, to a point lying on the south shoulder of the new Ocmulgee River Levee; and from this point running south 26 0[prime] a distance of 119 feet, more or less, to the point of beginning. Section 3. All laws and parts of laws in conflict herewith are hereby repealed.

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Georgia, Fulton County. Personally appeared before the undersigned attesting officer, Andrew W. McKenna, representative from Bibb, County, who, first being duly sworn, deposes and says on 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 10, January 17 and January 24, 1959, 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. Andrew W. McKenna Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply to the January, 1959 session of the General Assembly of Georgia for the passage of the following bills, to-wit: (1) An Act to amend an Act of the General Assembly of Georgia, Ga. Laws, 1872, p. 222, 239, by adding to Section 57 thereof language empowering the City of Macon to lease a certain tract of land in that portion of the City Reserve now known as Central City Park, as set forth therein, to the Macon Boat Club, Inc., its successors or assigns, for such period of time as the mayor and Council of said City shall deem appropriate, notwithstanding the limitation as to term contained in said Act of 1872. (2) An Act to amend Section 2 of the charter of the City of Macon, as amended, relative 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.

Page 2983

This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of 1945. This 8th day of January, 1959. C. Cloud Morgan, City Attorney, Sworn and subscribed before me this 10th day of February, 1959. Amelia Smith Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 10, 1959. CITY OF WAYCROSSCORPORATE LIMITS. No. 303 (House Bill No. 488). An Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 17, 1955 (Ga. L. 1955, p. 3046), and an Act approved February 15, 1957 (Ga. L. 1957, p. 2175), to extend the city limits of said City of Waycross, so as to include within said city limits a certain tract of land known as Wayne Hinson's subdivision; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 17, 1955 (Ga. L. 1955, p. 3046), and an Act approved February 15, 1957 (Ga. L. 1957, p. 2175), is hereby amended by providing that the corporate limits

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of the City of Waycross shall include the following described limits: That certain tract or parcel of land situate, lying and being in Ware County, Georgia, known and designated as `Wayne Hinson's subdivision' in land lot no. 120, 8th land district of Ware County, Georgia, more particularly described as: `Begining at a point on the north margin of Blackshear Avenue, which point is 686 feet west from the northwest corner of the intersection of Sunnyside Drive and Blackshear Avenue; running thence in a northerly direction, along the property of James E. Taylor for a distance of 929 feet to an iron pin; running thence westerly for a distance of 258 feet to an iron pin; running thence in a southerly direction along Brasington property for a distance of 928 feet to the north margin of Blackshear Avenue; running thence in an easterly direction along the north margin of Blackshear Avenue for a distance of 263 feet to the point or place of beginning. `Said land being adjacent to the northern boundary of Waycross, Georgia, all as per plat of said tract made by John K. Dubose, Registered Surveyor, dated December 31, 1958. Section 2. The jurisdiction, authority, ordinances, rules and regulations of the City of Waycross shall extend and apply to the territory described in section 1 herein. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Ware County. Personally appeared before the undersigned officer Jack Williams, Jr., editor and publisher of Waycross Journal-Herald, the official organ and gazette of the City of Waycross and the newspaper published in Ware County, Georgia, wherein sheriff's sales are advertised

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and which has a general circulation in said county, and, on oath, says that the within and attached notice made a part hereof was published in said newspaper in its issues of January 13th, 20th, and 27th; and February 3rd, 1959. /s/ Jack Williams, Jr. Sworn to and subscribed before me, this February 4th, 1959. Louise Breen Notary Public, Ware County, Ga. Commission expires August 9, 1960. (Seal). Notice. At the request of the owners of all the land hereinafter described, the commission of the City of Waycross will apply to the next session of the General Assembly of Georgia which convenes in January, 1959, for the passage of an amendment to an Act approved August 17, 1909, and the several Acts amendatory thereof, to extend the city limits of the City of Waycross so as to include within said city limits a certain tract of land in Ware County, Georgia, adjoining the present city limits and described as follows: That certain tract of land adjacent to the northern boundary of Waycross known as Wayne Hinson's subdivision of Sunnyside and located on Fairway Drive, all according to plat thereof prepared by John K. DuBose, Surveyor. This January 12, 1959. Commission of the City of Waycross, By: McGregor Mayo, Mayor Attest: C. O. Parker, Clerk Approved March 10, 1959.

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FLOYD COUNTYMEETINGS OF BOARD OF COUNTY COMMISSIONERS. No. 305 (House Bill No. 505). An Act to amend an Act entitled An Act to provide for the regular meeting time of the board of commissioners of roads and revenue of Floyd County, Georgia; to authorize the holding of special meetings of said board, and provide for the business which may be transacted thereat; to repeal all laws and parts of laws in conflict with such Act; and for other purposes, approved February 26, 1957 (Ga. L., 1957, pp. 2240 et seq.), so as to change the time of the regular meetings of said board; to repeal all laws and parts of laws in conflict with such Act; and for other purposes. Be it enacted and is hereby enacted by the General Assembly of the State of Georgia as follows: Section 1. An Act entitled An Act to provide for the regular meeting time of the board of commissioners of roads and revenue of Floyd County, Georgia; to authorize the holding of special meetings of said board, and to provide for the business which may be transacted thereat; to repeal all laws and parts of laws in conflict with such Act; and for other purposes, approved February 26, 1957 (Ga. L. 1957, pp. 2240 et seq.), is hereby amended by striking from the fifth and sixth lines of section 1 thereof the words Thursday in each month and on the third Wednesday and inserting in lieu thereof the words and third Tuesdays, so that, when so amended, said section 1 shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia that, from and after the approval of this Act, the regular meeting time of the board of commissioners of roads and revenue of Floyd County, Georgia, shall be on the first and third Tuesdays in each month, at such hour as may be set by resolution of such board from time to time.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia at its regular session for 1959 for the enactment of a local bill to amend an Act of the General Assembly approved February 26, 1957, (Ga. L. 1957, p. 2240 et seq.) pertaining to the board of commissioners of roads and revenue of Floyd County, Georgia, as said Act is now amended, so as to change the time of the regular meetings of said board. Boards of Commissioners of Roads and Revenue of Floyd County. 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 foregoing 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. J. Battle Hall Subscribed to and sworn to before me this 10th day of February, 1959. Amelia Smith Notary Public, Fulton County, Georgia. (Seal). Approved March 10, 1959.

Page 2988

FLOYD COUNTYUNIFORMS FOR SHERIFF AND DEPUTIES. No. 306 (House Bill No. 506). 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 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, approved February 28, 1956 (Ga. L. 1956, pp. 2754 et seq.), as said Act is now amended, so as to provide that, in addition to the salaries provided for the sheriff and deputy sheriffs of said county,

Page 2989

the county shall furnish to said officers at the expense of the county certain uniforms; to repeal all laws and parts of laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. 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 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 proivde 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, p. 2754, et seq.), as said Act is

Page 2990

now amended, is hereby amended by adding at the end of section 10 thereof a new paragraph as follows: In addition to the salaries provided in this Act, Floyd County, Georgia, shall, at its expense, furnish to the said sheriff and to each of said authorized deputies, while each such deputy is so employed, a winter uniform and a summer uniform of such design as may be prescribed by said sheriff, and at such time or times as may be requested by said sheriff, provided, however, not in excess of one winter uniform and one summer uniform shall be furnished to any one person in any calendar year. Section 2. All laws and parts in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia at its regular session for 1959, for the enactment of a local bill to amend an Act of the General Assembly approved February 28, 1956, (Ga. L. 1956, p. 2754 et seq.), pertaining to the mode of compensation of certain officers of Floyd County, Georgia, among other things, as said Act is now amended, so as to provide that, in addition to the salaries provided for the sheriff and deputy sheriffs of said county, the county shall furnish to said officers at the expense of the county certain uniforms. Board of Commissioners of Roads and Revenue of Floyd County. 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 foregoing 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

Page 2991

days immediately preceding the introduction of such bill into the General Assembly, as provided by law. J. Battle Hall Subscribed to and sworn to before me this 10th day of February, 1959. Amelia Smith Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. (Seal). Approved March 10, 1959. FLOYD COUNTYSYSTEM OF WATERWORKS, SEWERAGE, ETC. AUTHORIZED. No. 307 (House Bill No. 509). An Act to authorize and empower Floyd County, Georgia, by and through its board of commissioners of roads and revenue, to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities, a system or systems of waterworks, sewerage, sanitation and/or fire protection; to district such territory for such purposes; to classify such districts for fire protection purposes; to authorize and empower said county, by and through said board, to levy taxes only upon the taxable property in such districts for the purpose of constructing and maintaining any one or more or all of such systems; to provide that if any section or part of a section of this Act shall be adjudged to be unconstitutional the remaining sections and parts of sections shall not be affected thereby nor held to be unconstitutional or invalid on account thereof; to repeal all laws and parts of laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of Georgia,

Page 2992

and it is hereby enacted by authority of the same as follows: Section 1. Floyd County, Georgia, acting by and through its board of commissioners of roads and revenue, is hereby authorized and empowered to provide, construct and maintain, in the territory of said county outside the limits of incorporated municipalities, a system or systems of waterworks, sewerage, sanitation and/or fire protection. Authority. Section 2. The territory of Floyd County, Georgia, outside the limits of incorporated municipalities, is hereby districted for the purpose of providing such a system or systems of waterworks, sewerage, sanitation, and/or fire protection as follows: (a) A district, to be known as district no. 1, composed of the following areas, described by metes and bounds as follows: All that tract of land beginning at a point on the eastern side of Black's Bluff Road where the same is intersected by the southern corporate limits of the City of Rome, and running thence easterly along said city limits line 300 feet; thence southerly, parallel to and at all points 300 feet from the eastern side of said road, to the southern line of the property known as the County Stockade property; thence westerly, along the southern line of said County Stockade property, 300 feet to the eastern side of said road; thence continuing in the same direction across said road to the western side thereof; thence continuing in the same direction 300 feet; thence northerly, parallel to and at all points 300 feet from the western side of said road, to the southern corporate limits of the City of Rome; thence easterly along said city limits line 300 feet to the western side of said road; and thence continuing in the said direction across said road to the beginning point. Districts. All that tract of land beginning at a point on the southern corporate limits of the City of Rome 800 feet

Page 2993

west of the point where such city limit line intersects the western side of the Cave Spring Road and running thence southerly, parallel to and at all points 800 feet from the western side of said Cave Spring Road to a point which is 800 feet north of the north side of Park Road; thence westerly, parallel to and at all points 800 feet from the north side of Park Road, 1500 feet; thence due south to a point which is 300 feet south of the south side of Park Road; thence easterly, parallel to and at all points 300 feet from the south side of Park Road, to a point which is 300 feet west of the western side of Cave Spring Road; thence southerly, parallel to and at all points 300 feet from said Cave Spring Road, to a point which is 300 feet south of a projection of the southerly side of Primrose Mill Road; thence east 300 feet to a point 300 feet east of the eastern side of Cave Spring Road; thence northerly, parallel to and at all points 300 feet from the eastern side of Cave Spring Road to a point 300 feet south of Furnace Road; thence easterly, parallel to and at all points 300 feet from the southerly side of Furnace Road to a point 700 feet west of the western side of the Old Lindale Road; thence southerly, parallel to and at all points 700 feet from the western side of Old Lindale Road, 1200 feet; thence east to a point 300 feet east of the east side of Old Lindale Road; thence northerly, parallel to and at all points 300 feet from the eastern side of Old Lindale Road, to the southern corporate limits of the City of Rome; and thence westerly, along the meanderings of said city limits line, to the beginning point. All that tract of land beginning at a point on the southern corporate limits of the City of Rome 300 feet west of the point where such city limits line intersects the western side of the New Lindale Road and running thence southerly, parallel to and at all points 300 feet from the west side of the New Lindale Road, to a point 300 feet northeast from the northerly side of the Old Lindale Road; thence westerly, parallel to and at all points 300 feet from the northerly side of Old Lindale Road, 600 feet; thence southwesterly, at right angles to

Page 2994

Old Lindale Road, to a point which is 1000 feet along such line from the southerly side of said Old Lindale Road; thence easterly, parallel to and at all points 300 feet from said Old Lindale Road, to a point which is 300 feet west from the western side of the New Lindale Road; thence southerly, parallel to and at all points 300 feet from the western side of New Lindale Road to the northerly line of the property now or formerly owned by Pepperell Manufacturing Company which is known as the northern line of Lindale; thence easterly, along said line of the property now or formerly owned by Pepperell Manufacturing Company known as the northern line of Lindale, to a point which is 1000 feet east of the eastern side of New Lindale Road; thence northerly, parallel to and at all points 1000 feet from the eastern side of New Lindale Road, to the southern corporate limits of the City of Rome; thence westerly, along said southern city limits line, to the beginning point. All that tract of land beginning at a point on the eastern corporate limits of the City of Rome where it is intersected by the northern side of East 18th Street east of Dean Street, and running thence east to a point which is 400 feet east of the east side of High Street; thence south to a point 300 feet north of the north side of Summit Circle; thence easterly, parallel to and at all points 300 feet from said side of Summit Circle as it curves southerly, to a point 300 feet from the northeasterly side of Ridgeway Drive; thence southeasterly, parallel to and at all points 300 feet from said side of Ridgeway Drive as it curves southwesterly and then continuing in the same direction, to a point which is 300 feet south of the Chulio Road; thence westerly, parallel to and at all points 300 feet from the southerly side of the Chulio Road to a point which is 1000 feet southerly of the southern corporate limits of the City of Rome where it intersects the eastern side of the Rockmart Road; thence due west to a point which is 600 feet west of the west side of the Rockmart Road; thence northerly, parallel to and at all points 600 feet from the west side of the Rockmart Road, to the southern corporate limits of the City of Rome; thence easterly, along said

Page 2995

southern city limits line, to the eastern corporate limits of said city; thence northerly, along said eastern city limits line to the beginning point. All that tract of land beginning at a corner in the eastern corporate limits of the City of Rome 250 feet, more or less, northeasterly from the intersection of East 11th Street and Lenox Circle, and running thence due north 2800 feet, more or less, to a point on the corporate limits of said city 1000 feet, more or less, easterly from the easterly side of Cooper Drive; thence westerly, along said city limits line to the easterly side of Cooper Drive; thence southerly and around the curve of said side of Cooper Drive and along said city limits line to the southwest corner of the intersection of Brooks Avenue and Cooper Drive; thence southerly, along the eastern side of Brooks Avenue and said city limits line, to northeast corner of the intersection of Brooks Avenue and East 7th Street; thence easterly, along the northern side of East 7th Street and said city limits line, to a corner in said line; thence southeasterly, along said city limits line, to the northeast corner of the intersection of East 8th Street and Collinwood Road; thence southerly, along the eastern side of Collinwood Road and said city limits line, to a corner in said line; thence southeasterly, along said city limits line, to a corner in said line; thence southerly, along said city limits line, to a corner in said line; and thence easterly, along said city limits line, to the beginning point. All that tract of land beginning at a point on the eastern corporate limits of the City of Rome where it is intersected by Sproull Street, and running thence northerly, along said city limits line, to a point which is 1500 feet north of the northerly side of Kingston Road; thence easterly, parallel to and at all points 1500 feet from the northerly side of Kingston Road, to a point which is 300 feet west of the westerly side of Wilshire Road; thence northerly, parallel to and at all points 300 feet from the westerly side of Wilshire Road to a point which is 300 feet northerly of the intersection of said line and a projection of the northerly side of Robin Hood

Page 2996

Road; thence easterly, parallel to and at all points 300 feet from the northerly side of Robin Hood Road, to a point which is 300 feet, at right angles, from the northwesterly side of Littlejohn Circle; thence easterly, parallel to and at all points 300 feet from said side of Littlejohn Circle and following the curve thereof southerly, to a point which is 300 feet, at right angles, from the northeasterly side of Robin Hood Road; thence southeasterly parallel to and at all points 300 feet from said side of Robin Hood Road and following the curve thereof southerly and thence westerly, to a point which is 300 feet, at right angles, from the southeasterly side of Wiltshire Road; thence southwesterly, parallel to and at all points 300 feet from said side of Wilshire Road, to the northeasterly side of Kingston Road; thence southwesterly, at right angles to said Kingston Road, to a point which is 300 feet from the southwesterly side of said Kingston Road; thence westerly, parallel to and at all points 300 feet from said side of Kingston Road, to the eastern corporate limits of the City of Rome; thence northerly, along said city limits to the southerly side of Kingston Road; and thence westerly, along the southerly side of Kingston Road and the city limits line, to the point of beginning. All that tract of land beginning at a point on the southeasterly side of Bell's Ferry Road where the same is intersected by the northern corporate limits of the City of Rome, and running thence northeasterly to a point where the northeasterly side of Wade Street, if extended northwesterly would intersect the southeasterly side of Bell's Ferry Road; thence southeasterly along the extension of said line of Wade Street, to a point which is 300 feet, at right angles, from the northwesterly side of Calhoun Road; thence northeasterly, parallel to and at all points 300 feet from the northwesterly side of Calhoun Road, 1700 feet; thence southeasterly to southwest corner of the intersection of Wilshire Road and the southerly branch of the Calhoun Road; thence southerly along the western side of Wilshire Road 300 feet; thence westerly, parallel to and at all points 300 feet from the southerly side of the southern branch of

Page 2997

Calhoun Road, to a point which is 300 feet, at right angles, from the southerly side of the main Calhoun Road at the intersection of the southerly side of the southern branch of Calhoun Road and the southerly side of the main Calhoun Road; thence westerly, parallel to and at all points 300 feet from the southerly side of the main Calhoun Road; to the corporate limits of the City of Rome on the southwesterly side of Wade Street; thence northwesterly, along the southwesterly side of Wade Street and said city limits line, to the southwest corner of the intersection of Wade Street and Calhoun Road; thence southwesterly, along the southeasterly side of Calhoun Road and the city limits line, to a corner in said line; thence northwesterly, along said city limits line, to a corner in said line; thence southwesterly, along said city limits line, to a corner in said line; thence northwesterly, along said city limits line, to the beginning point. All that tract of land beginning at a point on the northerly side of Alabama Road 300 feet west of the northeast corner of the intersection of Alabama Road and Redmond Circle, and running thence northerly, parallel to and at all points 300 feet from the western side of Redmond Circle, to a point which is 1000 feet south of the south side of Garden Lakes Boulevard; thence westerly, parallel to and at all points 1000 feet from the south side of Garden Lakes Boulevard, 3500 feet, more or less, to a point which is 1000 feet west of the western side of Lake Ridge Circle; thence due north to a point which is 1500 feet north of Garden Lakes Boulevard; thence easterly, parallel to and at all points 1500 feet from the northern side of Garden Lakes Boulevard, to a point where such line would be intersected by an extension northerly of the eastern side of Redmond Circle; thence southerly, along said extended line of the easterly side of Redmond Circle and along the easterly side of Redmond Circle to the southerly line of the right-of-way of the Central of Georgia Railway Company; thence easterly, along the southerly line of the right-of-way of said railroad, to the western corporate limits of the City of Rome; thence southerly, along

Page 2998

said city limits line, to the northerly line of the right-of-way of the Southern Railway Company; thence westterly, along the northerly line of the right-of-way of the Southern Railway Company and the city limits line, to a corner in said line; thence southerly, along the city limits line and the eastern side of Watson Street to the northern side of Alabama Road; and thence westerly, along the northern side of Alabama Road, to the beginning point. All that tract of land beginning at a point on the southern corporate limits of the City of Rome east of the Burnett Ferry Road which is 300 feet, at right angles, from the southeasterly side of Burnett Ferry Road, and running thence southwesterly, parallel to and at all points 300 feet from the southeasterly side of said road, to a point 300 feet southwesterly from where such line would be intersected by an extension southeasterly of the southwestern side of Pyle Road; thence northwesterly, parallel to and at all points 300 feet from said extended side of Pyle Road and Pyle Road, to a point which is 300 feet south of the southwest corner of the corporate limits of the City of Rome and approximately 250 feet southwest of the intersection of Pyle Road and Coosawattee Drive; thence north to said corner of the city limits; thence easterly, along the city limits line, to a corner in said line; thence north, along the city limits line, to a corner in said line; thence southeasterly along the city limits line, to a corner in said line; thence easterly, along the city limits line, to the southeasterly side of Burnett Ferry Road; thence southwesterly, along the southeasterly side of Burnett Ferry Road and the city limits line, to a point 300 feet, at right angles, from the beginning point; and thence 300 feet to the beginning point. Wherever the corporate limits of the City of Rome are referred to, the same shall mean and be construed to be such corporate limits as the same existed on December 5, 1955. Where any part of a contiguous tract of land under

Page 2999

common ownership is included within any of the above described areas, the entire tract shall also be included in said district no. 1, if the main buildings or most of the main buildings on said tract are located within any of the above described area. (a) A district, to be known as district no. 2, which shall be composed of all of the territory of Floyd County, Georgia, outside the limits of incorporated municipalities and outside the limits of the above described district no. 1 Section 3. Floyd County, Georgia, by and through its board of commissioners of roads and revenue, is hereby authorized to levy, at any time or times and from time to time, a tax, not exceeding ten (10) mills in any calendar year, only upon the taxable property in any one or more of said districts, for the purpose of constructing and/or maintaining systems of waterworks, sewerage, sanitation and/ or fire protection in the respective district or districts so taxed. Tax. Section 4. Said county may provide said systems or either of them or any part thereof by contracting with any municipality to furnish all or a part of such system or systems and the equipment and/or personnel to operate the same, and payment may be made to any such municipality under the terms of such contract out of the funds produced by said tax levy. Said county also may provide said systems or either of them or any part thereof by purchasing any such existing systems or either of them or any part thereof. Contracts. Section 5. The territory within said district no. 1 receives greater benefits from fire protection than does the territory within said district no. 2, and said districts are hereby classified accordingly. A higher rate of taxation for fire protection purposes may be levied upon the taxable property in said district no. 1 from that levied upon the taxable property in said district no. 2, on account of said classification. Classification of fire districts.

Page 3000

Section 6. If any section or part of a section of this Act shall be adjudged unconstitutional, the remaining sections and parts of sections shall not be affected thereby nor held to be unconstitutional or invalid on account thereof. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia at its regular session for 1959, for the enactment of a local bill to authorize and empower Floyd County, Georgia, by and through its board of commissioners of roads and revenue, to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities, a system or systems of waterworks, sewerage, sanitation and/or fire protection; to district such county into one or more districts of one or more classes for any one or more or all of said purposes; to authorize said county, by and through said Board, to levy taxes only upon the taxable property in such district or districts for any one or more or all of said purposes; to repeal all laws and parts of laws in conflict with such bill; and for other purposes. Board of Commissioners of Roads and Revenue of Floyd County. 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 foregoing 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. J. Battle Hall
Page 3001

Subscribed to and sworn to before me this 10th day of February, 1959. Amelia Smith Notary Public, Fulton County, Georgia. (Seal). Approved March 10, 1959. LAW LIBRARIES AUTHORIZED IN COUNTIES OF NOT LESS THAN 27,200 AND NOT MORE THAN 27,600 PERSONS. No. 308 (House Bill No. 515). An Act to authorize any counties in this State having a population of not less than 27,200 nor more than 27,600 according to the United States official census for 1950, or any future census, to establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said counties; to provide funds for the establishment and maintenance of said libraries; to provide for the management of said libraries; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act, the judge, or judges if more than one, of the superior court of a circuit in which is located any county in this State having a population of not less than 27,200 and not more than 27,600 according to the United States official census for 1950, or any future census, shall establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said counties. Authorized. Section 2. For the purpose of providing funds for the establishment and maintenance of such libraries the sum of one dollar ($1.00) in addition to all other legal costs, shall be charged and collected in each suit, action or case, either civil or criminal, including, without limiting the

Page 3002

generality of the foregoing, all adoptions, charters, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, county, city and/or any other court of record except recorders of police courts, in and for said counties and the clerks of each and every such court in counties in which such a law library shall be established shall collect such fees and remit same to the treasurer or other person or fiscal agent having custody of county funds, provided, that the judge or judges of said court, shall by order entered upon the minutes of the court, provide for the establishment and maintenance of such a law library and shall cause to be furnished to the clerks of such courts with a certified copy of such minutes. Where the costs in criminal cases are not collected, the costs here provided for shall be paid from the fines or forfeitures fund of such court in which the case is filed before any other disbursement or distribution of such fines or forfeitures shall be made. Funds. Section 3. In each county in which such a law library is established in accordance with this Act, the judge or judges, if more than one, of the superior court, shall appoint a committee which shall be composed of officers of the court in such counties to advise and make recommendations to the court upon the establishment, administration, and operation of the library, the selection and purchase of books and the appointment of personnel, the salaries to be paid and all other matters pertaining to the successful functioning of such library. Committee. Section 4. All funds collected under this Act and particularly under section 2 hereof shall be separately remitted to the county treasurer or other person having control of county funds and a separate account of receipts and disbursements shall be kept by such officer. Funds. Section 5. Funds so held by the treasurer or other county officials shall be disbursed upon the order of the judge or judges of the superior court. Same.

Page 3003

Section 6. The judge or judges of the superior court shall appoint one official for the operation of said library and fix the salary of such official and such salary shall be paid from said fund upon the order of said judges. However, said salary shall not exceed $300.00 per month. Such personnel may come under the terms of any retirement or pension system in any county in which any library is established as provided herein upon his or her election to do so within thirty days after such appointment. Librarian. Section 7. There shall be advanced from the treasury of any county affected by this Act as part of the cost of the operation of the courts of such county, a sufficient sum not to exceed $10,000.00 for the initial cost of establishing, furnishing and equipping such library and acquiring the necessary law books. The county shall be reimbursed for such funds out of any surplus that may accumulate from the funds provided for in this Act. Initial cost. Section 8. The board of county commissioners or other governing authority of such counties shall furnish necessary space, offices, lights, heat and water for the maintenance of such library. Quarters. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1959. CHATHAM COUNTYCOMPENSATION OF ORDINARY. No. 309 (House Bill No. 516). An Act to amend an Act providing for the compensation of the Ordinary of Chatham County, approved March 17, 1958 (Ga. L. 1958, p. 2529), so as to provide a minimum compensation to be paid to the Ordinary of Chatham County; to repeal all conflicting laws; and for other purposes.

Page 3004

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the Ordinary of Chatham County, approved March 17, 1958 (Ga. L. 1958, p. 2529), is hereby amended by striking the figure $7,500 and inserting in lieu thereof the figure $10,000, so that section 1 of said Act as amended shall read as follows: Section 1. The compensation of the Ordinary of Chatham County shall be fixed by the county commissioner and ex-officio judges of Chatham County, but shall not be less than $10,000 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. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Robbie Miller 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 is hereby given that there will be introduced at the regular January-February 1959 session of the General Assembly of Georgia, a special local bill to fix the salary of the Ordinary of Chatham County at a minimum of ten thousand dollars yearly and to provide the method of payment of same and for other purposes. Savannah Bar Association By: James W. Head, Secretary

Page 3005

has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of Jan. 16, 23, 30, 1959. Robbie Miller Sworn to and subscribed before me, this 30 day of Jan., 1959. Miriam E. Kassel Notary Public, Chatham County, Ga. My Commission Expires Sept. 10, 1962. (Seal). Approved March 10, 1959. CITY OF WARNER ROBINSCORPORATE LIMITS. No. 310 (House Bill No. 517). An Act to amend an Act creating and incorporating a new municipality in Houston County, to be known as Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2093), an Act approved February 27, 1956 (Ga. L. 1956, p. 2699), and by an Act approved March 25, 1958 (Ga. L. 1958, p. 3218), so as to change and redefine the corporate limits of said municipality; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and incorporating a new municipality in Houston County, to be known as Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2093), an Act approved February 27, 1956 (Ga. L. 1956, p. 2699), and by an Act approved March 25, 1958 (Ga. L. 1958, p. 3218), is hereby amended by striking section 2 of said Act as amended and inserting

Page 3006

in lieu thereof a new section 2, so that section 2 of said Act when so amended shall read as follows: Section 2. The corporate limits proper of the City of Warner Robins shall be as follows: Beginning at a point on the westerly boundary of the right-of-way of Macon-Hawkinsville highway number 247 where the southerly line of land lot 241 intersects therewith, in the fifth district of Houston County, Georgia, and thence from said beginning point running in a westerly direction, along the southerly boundaries of land lots 241, 223, and 220 to the southwesterly corner of said land lot 220, and thence running in a northerly direction along the westerly boundary of said land lot 220 to the northwesterly corner of said land lot 220, and thence running in a westerly direction along the southerly boundaries of land lots 198, 193, 172 and 167 to a point where the center line of said land lot 167 intersects with the southerly boundary thereof, and thence running in a northerly direction, across said land lot 167 to a point on the northerly boundary thereof which point is 1435.3 feet westerly of the northeasterly corner of said land lot 167, and thence running in a northerly direction, N 01 degree 37 minutes 30 seconds west, along the westerly boundary of Woodland Hills subdivision, for a distance of 1436.1 feet to the northwesterly corner of said subdivision, and thence running in a northerly direction, N 03 degrees 42 minutes west, to the west side of the right-of-way boundary of Corder Road (formerly known as Old Factory Road) and thence running in a northerly direction, along the westerly boundary of said Corder Road to the northerly boundary of Warner Robins-Centerville Highway, and thence running in an easterly direction along said northerly boundary of said Warner Robins-Centerville Highway to a point where the center line of land lot 174 intersects therewith and thence extend north along the west line of Hickory Street for a distance of 626 feet to a point; thence extend south 89 degrees 00 minutes west to the east line of County Road; thence extend north 0 degrees 39 minutes west for a distance of 1,311 feet to a point; thence extend north 89

Page 3007

degrees 17 minutes east for a distance of 462.5 feet to a point; thence extend south 0 degrees 39 minutes east for a distance of 293 feet to a point; thence extend along the north line of Lakeview Terrace to the west line of Hickory Street; thence extend north along the center line of land lot 174 to the south line of land lot 175; thence extend 0 degrees 53 minutes 30 seconds east for a distance of 1436.5 feet to a point; thence extend due east for a distance of 300 feet to a point; thence extend 0 degrees 53 minutes 30 seconds west for a distance of 800 feet to a point; thence extend due east for a distance of 450 feet to a point; thence extend 0 degrees 53 minutes 30 seconds west for a distance of 636.5 feet to a point; thence extend in an easterly direction, along the northerly boundary of land lot 174 to the northeasterly corner thereof and thence running in a northerly direction, along the westerly boundary of land lot 190, N no degrees, six minutes E, for a distance of 874.95 feet and thence running in an easterly direction, S 89 degrees, 48 minutes 30 seconds E, across said land lot 190 to the westerly boundary of land lot 201 and thence running in a northerly direction along the westerly boundaries of land lots 201, 202, and 203, to a point on the center line of said land lot No. 203, and thence running in an easterly direction along the center line of land lots 203 and 214 to the easterly boundary of Davis Drive and thence running in a southerly direction, along the easterly boundary of said Davis Drive to the north line of Ignico Drive and thence running in an easterly direction along the north line of Ignico Drive to the westerly right-of-way boundary of said Macon-Hawkinsville Highway Number 247 and thence running in a southerly direction along the westerly right-of-way boundary of said highway to point of beginning. 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 the City of Warner Robins, Ga., intends to apply at the 1959 session of the General

Page 3008

Assembly of Georgia for a bill to change the corporate limits of the City of Warner Robins, Ga., and for other purposes. This the 30th day of December, 1958. William Wisse City Attorney, Warner Robins, Georgia State of Georgia, County of Houston. Before me, the undersigned officer duly authorized to administer oaths, personally appeared Cooper Etheridge who after being duly sworn deposes and says and certifies that he is the editor of the Houston Home Journal, 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 Houston Home Journal on the following dates, to-wit: January 8, 1959; January 15, 1959, and January 22, 1959. This the 28th day of January, 1959. Cooper Etheridge Sworn to and subscribed before me, this the 28th day of January, 1959. Louise S. Wilder, Dep. Clerk S. C. Ho. Co. Ga. (Seal). Approved March 10, 1959.

Page 3009

CITY OF SENOIATAXATION. No. 311 (House Bill No. 518). An Act to amend an Act incorporating the City of Senoia, approved August 21, 1906 (Ga. L. 1906, p. 1040) so as to alter the procedure for returning and assessing property within the corporate limits of the 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 Senoia, approved August 21, 1906 (Ga. L. 1906, p. 1040) is hereby amended by striking section 20 in its entirety and inserting in lieu thereof the following: Section 20. (a) Every person owning or holding property of any kind in any capacity within the corporate limits of the city, on the first Monday in February in each year after the passage of this act, shall return the same for taxation under oath at any time from and after the first Monday in February and until the first Monday in May of each year to the city clerk, or other officer authorized to receive tax returns for said city. Tax returns. (b) When the owner of property, or if dead or under any legal disability his representative or representatives, fails or refuses to make a return to the city clerk or other officer authorized to receive tax returns at the time the return should have been made, said clerk or other officer shall notify in writing such delinquent or his representative or representatives, demanding that a return of his property be made within 20 days from the date of such notice. The notice provided for herein may be given personally or by sending the delinquent through the post office a prepaid letter addressed to such delinquent or his representative or representatives at his address as the same appears on his records of said clerk or other officer, or at his most notorious place of abode. Such notice shall be deemed to be given at the time it is posted

Page 3010

and the certificate of said clerk or other officer shall be sufficient evidence thereof. The notice shall recite the fact of delinquency and the date upon which the return should be made by such delinquent and that the return should be filed with said clerk or other officer. (c) If the owner of such property fails or refuses to return his property or any part thereof, or fails or refuses to return his property or any part thereof at a proper valuation for the years for which it is or should be made after the notice authorized in subdivision (b) of this Section is given, it shall be the duty of said clerk or other officer to prepare an itemized list of the property, real and personal, of such delinquent, subject to taxation by said City of Senoia, and to file the same within 10 days (exclusive of Sundays and public holidays) from the date of closing the books, with the tax assessors of said city. The tax assessors shall assess the property so returned by said clerk or other officer, together with such other taxable property of such delinquent, real and personal, as they may ascertain is omitted from such return for the years in default. When said tax assessors have made their assessment, they shall give written notice thereof to the delinquent, and said assessment shall be final and conclusive upon said delinquent unless said delinquent shall, within 20 days from the date of receipt of such written notice raise the question that the assessment is excessive, in which event the question of valuation shall be referred to arbitrators, one to be chosen by the delinquent, one by the assessors, with the power to choose an umpire in the case of disagreement, and their word shall be final, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation or partial revocation of a submission or award thereon. If said delinquent shall refuse or neglect to designate an arbitrator within three days after the expiration of said twenty days' notice, the arbitrator appointed by said tax assessors is hereby required to appoint an arbitrator for said delinquent, and said arbitrators shall thereupon proceed to hear and determine the question in issue, with like authority to choose an umpire in case of disagreement.

Page 3011

(d) If the delinquent disputes the taxability of his property, or of any part thereof, he may raise the question by bill in equity addressed to the Superior Court of Coweta County, Georgia. (e) The method hereinbefore authorized is intended to be cumulative and is in addition to every other remedy now or hereafter existing, at law or in equity, and the use of others shall not in anywise deprive said City of Senoia from the use of the foregoing remedy. (f) The mayor and council of said city are hereby fully empowered and authorized to make and adopt any and all regulations, rules and ordinances not inconsistent with the laws of the State of Georgia and of this charter, necessary, requisite or convenient in the exercise and enforcement of the levy and collection of its ad valorem taxes. Section 2. Said Act as amended is hereby further amended by striking from section 28 the sentence Said mayor and council shall have authority to prescribe by ordinance for assessing the value of all property, both real and personal, not returned for taxation, and for double taxing all defaulters., so that when so amended section 28 shall read: Section 28. The mayor and council shall, at their first regular meeting in each year, elect three upright, intelligent and discreet persons, who shall be citizens and qualified voters of said city and owners of real estate therein, as city tax-assessors. Said assessors may be removed from office at any time for sufficient cause to be judged of by the mayor and council. It shall be the duty of said assessors to assess the value of all real estate in said city for the purpose of taxation by said city, and said mayor and council shall have authority to provide rules for their government. The city tax-assessors shall make return of the assessments made by them to the mayor and council thirty days before the time for collecting taxes. When said return is made said assessors shall fix a time for hearing objections to their assessment

Page 3012

and the clerk of said city shall give each owner of property whose tax return has been increased at least fifteen days' notice of such meeting, stating therein the amount of such increase. If the property has been given in by an agent, notice to the agent shall be sufficient. If the owner is not a resident of the city, and has no known agent residing therein, the mayor and council shall have authority to prescribe by ordinance what notice, if any, shall be given. The city tax-assessors shall receive such compensation as the mayor and council shall allow, and no more. Tax assessors. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that a Bill amending sections 20 and 28 of the charter of the City of Senoia relating to ad valorem taxes will be introduced at the 1959 session of the General Assembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry N. Payton, who, on oath, deposes and says that he is representative from Coweta County, and that the attached copy of notice of intention to introduce local legislation was published in the Newnan Times Herald, which is the official organ of said County, on the following dates: Jan. 22, 29th, and Feb. 5, 1959. Henry N. Payton, Representative, Coweta County. Sworn to and subscribed before me, this 11th day of Feb., 1959. Ben B. Ross, Notary Public, Georgia, State at Large. (Seal). Approved March 10, 1959.

Page 3013

BROOKS COUNTYTAX COMMISSIONER NOT REQUIRED TO MAKE ROUNDS. No. 312 (House Bill No. 524). An Act to amend an Act creating the office of tax commissioner of Brooks County, approved February 12, 1952 (Ga. L. 1952, p. 2402), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 3086), so as to provide that it shall not be necessary for the tax commissioner to make rounds for the purpose of receiving returns or collecting taxes; 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 Brooks County, approved February 12, 1952 (Ga. L. 1952, p. 2402), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 3086), is hereby amended by adding a new section, to be known as section 2A, to read as follows: Section 2A. The tax commissioner shall not be required to leave his office or to make rounds for the purpose of receiving returns or collecting taxes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. I intend to introduce a bill in the 1959 General Assembly providing for discontinuance of rounds for collection of taxes in the fall and rounds for filing returns in the spring by the tax commissioner. This is done at the request of tax commissioner W. L. Johnson of Brooks County. J. E. Sheffield, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John E.

Page 3014

Sheffield, who, on oath, deposes and says that he is representative from Brooks County, and that the attached copy of notice of intention to introduce local legislation was published in the Quitman Free Press, which is the official organ of said county, on the following dates: January 8, 1959, January 15, 1959, and January 22, 1959. John E. Sheffield, Jr., Representative, Brooks County. Sworn to and subscribed before me, this 11th day of February, 1959. Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 10, 1959. TOWN OF GARDEN CITYUSE OF VOTING MACHINES. No. 313 (House Bill No. 525). An Act to amend the charter of the Town of Garden City and other acts amendatory thereto, incorporating said town, by permitting the use of voting machines in municipal elections, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid. Section 1. That an act incorporating and creating a charter for the Town of Garden City, be and the same is hereby amended, as follows: In all municipal elections hereafter held in and by the City of Garden City, whether such be regular, special, general, or other elections, held

Page 3015

under or by authority 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 Garden City, be cast, registered, recorded and counted by means of voting machines. 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, Nancy Stafford 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, 1959, to be entitled An Act to amend the charter of Garden City, which has heretofore been amended, relating to the use of voting machines in municipal elections; and for other purposes. has been published in said Savannah Evening Press, once

Page 3016

a week for 3 weeks, to-wit in the regular issues of Jan. 24-26, Feb. 2, 1959. Nancy Stafford Sworn to and subscribed before me, this 3rd day of Feb., 1959. Miriam Kassel, Notary Public, Chatham County, Ga. My Commission Expires Sept. 10, 1962. (Seal). Approved March 10, 1959. CIVIL AND CRIMINAL COURT OF DEKALB COUNTYCOSTS, DEPOSITS, FILLING OF VACANCIES. No. 314 (House Bill No. 531). An Act to amend an Act approved February 14, 1951 (Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County, and acts amendatory thereto, to provide for the jurisdiction of said court and cost in said court, procedure of said court and salaries of the officers and certain employees of said court, and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. It is hereby enacted by the authority of the same that an Act approved February 14, 1951, (Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County, and the same is hereby amended as follows: Said Act is amended by striking section 24 of the Acts of 1951, creating the Civil Court of DeKalb County and Acts amendatory thereto, amending said section, and as amended to read as follows:

Page 3017

Be it further enacted by the authority aforesaid, that court cost shall be charged and collected by said court as follows: Costs. Filing and docketing each suit, when amount involved is $100.00 or less $2.00; where amount involved is over $100.00, $4.00; for copying each suit for service (where plaintiff furnishes no copy), per hundred words, 20; for issuing each summons, garnishment, attachment, and copy suit after first copy, where amount involved if $100.00 or less, 75; where amount involved is over $100.00, 75; for entering up each judgment for $100.00 or less, 75; on suits involving more than $100.00, 75; for issuing each fi fa where amount involved is less than $100.00, 75; where amount involved is over $100.00, 75 for each order entered on motion for new trial where amount involved is less than $100.00, 75; where amount involved is more than $100.00, 75; answering a writ of certiorari to Superior Court, $4.00; for serving each suit, summons, attachment or garnishment, where amount involved is $100.00 or less, $2.25, which shall include return of said service; where amount involved is over $100.00, $4.00, which shall include return of said service; for serving each witness, 75; for levying each fi fa and advertisement, where amount involved is $100.00 or less, $1.00; where amount involved is over $100.00, $2.25; for each search and return of nulla bona, $1.00; for each arrest in bail trover case, $5.00; for filing, docketing and serving each dispossessory warrant, $5.00; for filing, docketing and serving each distress warrant, $5.00; for summoning jury for each jury trial, $1.50; taking bond in civil case, $2.00; taking bond in criminal cases, $2.00; attending jury trial, $2.00; for filing and docketing each answer, plea crossbill, amendment, demurrer or other defensive pleadings, 75 for each; for advertising personal property for sale, $2.50; for settling fi fa from another court, $2.00; for backing fi fa from another court, $1.00; for marshal's bill of sale to personalty, $3.50; commission on personal property of the marshal's sale shall be 5% on the first $1,00.00 and 3% on all amounts in excess of $1,000.00; marshal's commission on real estate sales shall be 5% on the first $1,000.00 and

Page 3018

1% on all amounts in excess of $1,000.00; the marshal's fee shall be $5.00 for levy on real property and $2.50 for advertising same; the marshal's fee for a marshal's deed shall be $5.00; for entering judgment or remittur from Court of Appeals or Supreme Court, $3.00; for filing and docketing each bill of exceptions where amount involved or sued upon is less than $100.00, $2.00; for filling and docketing each bill of exceptions where the amount involved or sued upon is over $100.00 a fee of $3.00. In all cases where a jury trial is demanded or had, a fee of $2.50 shall be added to the other costs in the case. All costs not provided for herein shall be charged for and collected by said court on the same basis as costs now fixed or which may hereafter be fixed by law for the Civil Court of Fulton County. The costs in criminal matters in said court, and before the judge thereof, not already provided for herein, shall be the same as is now provided for, or which may hereafter be provided for, by law, in criminal matters in the Civil Court of Fulton County. Section 2. Said act is further amended by striking from line 5 of section 25 of said act, the figure $3.00, and inserting in lieu thereof the figure $5.00 so that said section as amended, shall read as follows: Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the party plaintiff when filing such suit or other proceedings in the Civil Court of DeKalb County shall be required to make a deposit of five dollars; provided however, that such deposit shall not be required of any person who shall subscribe to an affidavit to the effect that from his poverty he is unable to pay the same; and provided further that if the party making such deposit finally prevails in such proceedings the amount of said deposit shall be taxed as part of the costs against the losing party, and if recovered, shall be refunded to the party depositing the same after all costs have been paid. Deposit. Section 3. Be it further enacted by the authority

Page 3019

aforesaid, that from and after the passage of this Act, that any vacancy which may occur in the solicitorship of said court by death, resignation, or otherwise, shall be filled by appointment by the Governor for the unexpired portion of said term. Solicitor. Section 4. Be it further enacted by the authority aforesaid, that should any court of this State declare any section or clause of this Act unconstitutional or invalid for any cause or reason, then such decision shall affect only that section or clause so declared to be unconstitutional or invalid and shall not affect any other section, clause or part of this Act. Notice to Apply for Local Legislation. An act to amend an Act approved February 14, 1951, (Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County, and acts amendatory thereto, to provide for the jurisdiction of said court and cost in said court, procedure of said court and salaries of the officers and certain employees of said court, and for other purposes. J. Oscar Mitchell, Judge, Civil and Criminal Court of DeKalb County. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says 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 18, December 25, 1958 and January 1, 1959. The DeKalb New Era W. H. McWhorter, Managing Editor.
Page 3020

Sworn to and subscribed before me, this 10 day of January, 1959. Charles D. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Sept. 15, 1962. (Seal). Approved March 10, 1959. CITY COURT OF CLAXTONJUDGE'S SALARY. No. 315 (House Bill No. 538). An Act to amend an Act establishing the City Court of Claxton, approved August 18, 1919 (Ga. L. 1919, p. 446), as amended, particularly by an Act approved February 15, 1957 (Ga. L. 1957, p. 2182), so as to increase the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Claxton, approved August 18, 1919 (Ga. L. 1919, p. 446), as amended, particularly by an Act approved February 15, 1957 (Ga. L. 1957, p. 2182), is hereby amended by striking from section 5 the figures 2400.00 and inserting in lieu thereof the figures 3000.00, and by striking the figures $200.00 and inserting in lieu thereof the figures 250.00, so that section 5 as so amended shall read: Section 5. Be it enacted by the authority aforesaid that from and after the passage and approval of this Act, the judge of the City Court of Claxton shall receive a salary of $3000.00 ($3000.00) dollars per annum, payable $250.00 per month, out of the funds and monies of Evans County, as a current expense, to be paid by the board of commissioners of roads and revenues of said county (or by the ordinary if he is charged by law with

Page 3021

the administration of the fiscal affairs of said county) and such county authority shall annually make provision therefor by levying taxes for this purpose, and such salary shall be paid to the judge now in office, as well as to future incumbents of said office. Section 2. 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1959 Session of the General Assembly of Georgia, a bill to change the salary of the Judge of The City Court of Claxton; and for other purposes. This 19th day of January, 1959. E. W. Strickland, Representative, Evans County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ernest W. Strickland, who, on oath, deposes and says that he is representative from Evans County, and that the attached copy of notice of intention to introduce local legislation was published in the Claxton Enterprise, which is the official organ of said county, on the following dates; January 22 and 29, 1959, and February 5, 1959. Ernest W. Strickland, Representative, Evans County.
Page 3022

Sworn to and subscribed before me, this 9th day of February, 1959. G. Hughel Harrison, Notary Public, Georgia, State at Large. My Commission Expires April 30, 1961. Approved March 10, 1959. CATOOSA COUNTYCLERICAL ASSISTANT FOR SHERIFF. No. 316 (House Bill No. 540). An Act to provide for a clerical assistant to the sheriff of Catoosa; to provide for said clerk's compensation; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Sheriff of Catoosa County is authorized to employ a clerical assistant at the salary of eighteen hundred ($1,800.00) dollars per annum, payable monthly out of the funds of Catoosa County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Catoosa County. Personally appeared before me, an officer duly authorized by law to administer oaths, Ned Lee, who being duly sworn, deposes and states that he is editor of The Catoosa County News, a paper of general circulation and the one in which sheriff's advertisements are published in Catoosa County, Georgia, and the above notice of intention to ask for local legislation was published in The Catoosa County News on the dates, January 8, January 15 and January 22, 1959. Ned Lee
Page 3023

Sworn to and subscribed before me, this 27 day of January, 1959. John L. Moreland, J. P. Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1959 Session of the General Assembly of Georgia, a Bill to provide for the compensation of the Sheriff of Catoosa County; to provide for deputies; to provide for the abolition of the fee system; and for other purposes. This 5th day of January, 1959. John W. Love, Jr., Representative, Catoosa County. Approved March 10, 1959. CITY OF MOULTRIECHARTER AMENDED. No. 317 (House Bill No. 542). An Act 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 the return of property owned or held on January 1st of each year for taxation; to provide for the power and authority of the council in connection with public parks, streets, alleys, side walks, cross walks, drains and gutters; to provide for the fixing and collection of sewer charges; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the

Page 3024

same that section 42 of the Act creating a new charter for the City of Moultrie approved March 3, 1943 (Ga. L. 1943, pp. 1458-1498) be and the same is hereby amended by striking said section 42 in its entirety and inserting in lieu thereof the following: Section 42. Be it further enacted, that any and all persons owning or holding property of any kind, in any capacity, within the corporate limits of said city, on the first day of January of each year shall return the same for taxation, under oath, at any time from January first to April first, of each year, to the clerk of said city, or other officers authorized to receive tax returns for said city. The council of said city shall cause to be prepared a blank form or schedule for the return of all taxable property, with appropriate blanks and lines for property of every description, subject to taxation under the laws of this State; and each taxpayer and property owner of said city shall fill out said schedule, entering thereon all the property owned or held in any capacity by said taxpayer, of every kind and description, both real and personal, including money, notes and accounts, choses in action, motgages, bonds, and stocks of all kinds, not by law exempt from taxation. The full face value of all notes, accounts, mortgages, crop liens, stocks, bonds, and other investments and securities held by each taxpayer in said city, in his own right or as agent, trustee, guardian, executor or administrator, on the first day of January of each year, shall be returned, whether solvent or insolvent, and with the estimated value of all such notes, accounts, mortgages, stocks, and bonds and other investments and securities. Printed on each blank shall be the following oath, which the person making the return shall subscribe before the officer to whom said returns are made, or before some officer of this State qualified to administer an oath, to-wit; I do solemnly swear that the above and foregoing is a true and correct return of all the property, both real and personal, owned or held by me in any capacity whatsoever on the first day of January of the present year, subject to taxation in the City of Moultrie, including money on hand, notes, accounts, mortgages, choses in action, stocks, bonds, and other investments

Page 3025

and securities, so help me God. Said tax returns shall, by the city clerk or other officer receiving them, be delivered, or caused to be delivered, to the city tax assessors hereinafter provided for, when they meet to make their assessment. Tax returns. Section 2. Be it further enacted that section 30 of the Act creating a new charter for the City of Moultrie approved March 3, 1943 (Ga. L. 1943, pp. 1458-1498) be stricken in its entirety and that there be substituted therefor the following: Section 30. Be it further enacted that the council shall have full and complete control of and authority over the public parks, streets, alleys, sidewalks, cross walks, drains and gutters in said city and shall have full power and authority to lay out, open, vacate, close, abolish, alter, curb, pave and keep in good order and repair public parks, streets, alleys, side walks, cross walks, drains and gutters in said city, and shall have full power and authority to condemn property for the purpose of opening and laying out new streets and alleys, and for widening, straightening, or otherwise changing the streets, side walks, or alleys, and grading the streets, side walk or alleys of the city; and whenever the council shall desire to exercise the power and authority granted in this section, it may be done, whether the land sought to be condemned is in the hands of control of the owner, trustee, executor, administrator, agent, guardian, or other person, in the manner provided by Sections 36-301 et seq., Code of Georgia 1933, and the amendments thereto. Streets, etc. Section 3. Be it further enacted that section 31 of the Act creating a new Charter for the City of Moultrie approved March 3, 1943 (Ga. L. 1943, pp. 1458-1498) be and the same is hereby amended by striking said section 31 in its entirety and inserting in lieu thereof the following: Section 31. Be it further enacted, that the council shall have the right and power by ordinance to provide

Page 3026

for the collection of sewer charges, and to enforce the payment of any charge for the use of sewer by execution against the person, which said execution shall be issued like executions for taxes under existing ordinances or such as may hereafter be made applicable to the subject. They shall have the power and authority to pass ordinances to provide for the manner of carrying the provisions of this section into effect. Sewer charges. Section 4. Be it further enacted 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 the intention to apply for the passage at the session of the General Assembly of Georgia which convenes in January, 1959 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, to provide for the return of property owned or held on January 1st of each year for taxation, and for other purposes. December 31, 1958. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David L. Newton, who, on oath, deposes and says that he is representative from Colquitt County, and that the attached copy of notice of intention to introduce local legislation was published in the Moultrie Weekly Observer, which is the official organ of said county, on the following dates: January 2, 9, and 16, 1959. David L. Newton, Representative, Colquitt County.
Page 3027

Sworn to and subscribed before me, this 12th day of February, 1959. G. Hughel Harrison, Notary Public, Georgia, State at Large. My Commission Expires April 30, 1961. (Seal). Approved March 10, 1959. CITY OF MOULTRIEWARDS FOR SELECTING SCHOOL COMMISSIONERS. No. 318 (House Bill No. 543). An Act to amend an Act of the General Assembly of Georgia approved August 9, 1912 (Ga. L. 1912, p. 1150-1153) amending An Act of the General Assembly of Georgia establishing a public school system for the City of Moultrie, Georgia, and the Acts amendatory thereof, so as to redefine the four wards into which the city is divided from which the school commissioners are named or elected, 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 4 of section 1 of the Act approved August 9, 1912 (Ga. L. 1913 pp. 1150-1153) be amended by redefining the four wards into which the city is divided from which the school commissioners are named or elected so that the first paragraph of said section 4 of section 1 shall read as follows: Section 4. Commissioners For. Be it further enacted that the territory comprising the City of Moultrie is hereby divided into four wards by running a line along the center of Main Street north and south and by running a line along the center of 7th Avenue South and any extension thereof east and west; and that portion of the

Page 3028

city lying north of the center of 7th Avenue southeast and any extension thereof and east of the center of Main Street shall constitute the first ward; that portion of the city lying north of the center of 7th Avenue southwest and any extension thereof and west of the center of Main Street shall constitute the second ward; that portion of the city lying south of the center line of 7th Avenue southwest and any extension thereof and west of the center line of Main Street South (the Moultrie-Thomasville Highway being considered a part of Main Street) shall constitute the third ward; and that portion of the city lying south of the center of 7th Avenue southeast and any extension thereof and east of the center of Main Street South (the Moultrie-Thomasville Highway being considered a part of Main Street) shall constitute the fourth ward. Section 2. Be it further enacted 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 the intention to apply for the passage at the session of the General Assembly of Georgia which convenes in January, 1959 of a local bill to amend an act approved August 9, 1912 (Ga. L. 1912, pp. 1150-1153), amending An Act of the General Assembly of Georgia establishing a public school system for the City of Moultrie and the Acts amendatory thereof, so as to redefine the four wards into which the city is divided from which the school commissioners are named or elected, and for other purposes. December 31, 1958. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David L. Newton, who, on oath, deposes and says that he is representative from Colquitt County, and that the attached

Page 3029

copy of notice of intention to introduce local legislation was published in the Moultrie Weekly Observer, which is the official organ of said county, on the following dates: January 2, 9, 16, 1959. /s/ David L. Newton Representative, Colquitt County. Sworn to and subscribed before me this 12th day of February, 1959. /s/ G. Hughel Harrison Notary Public, Georgia, State at Large My Commission Expires April 30, 1961. (Seal). Approved March 10, 1959. FULTON COUNTYRETIREMENT OF TEACHERS AND EMPLOYEES OF BOARD OF EDUCATION. No. 319 (House Bill No. 549). An Act to amend an Act entiitled 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, pp. 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 amending said Act described in the caption hereof approved March 21, 1958 (Ga. L. 1958, pp. 2752 et seq.), be and the same is hereby further amended as follows: Section 1. Officers and employees of the Fulton County Board of Education who retired prior to April 1, 1955,

Page 3030

and who are eligible for additional pension benefits under section 2 of said Act approved March 21, 1958 (Ga. L. 1958, pp. 2752, et seq.), shall not be required to pay any amount into the pension funds in order to receive such additional benefits. If such payments have been required by the board of trustees, they shall be immediately refunded. Section 2. Notice of intention to apply for this local legislation was published three times in the Fulton County Daily Report in three separate calendar weeks during a period of sixty (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 made a part hereof as required by law. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Ralph McClelland, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia, now in session, for an amendment to the Fulton County School Employees Pension Law (Ga. L. 1945, p. 528 et seq.), and the several acts amendatory thereof, to repeal conflicting laws and

Page 3031

for other purposes. All matters pertinent to said Act as amended may be included. This the 21st day of January, 1959. /s/ Charles M. Brown, Senator /s/ Wilson Brooks /s/ M. M. (Muggsy) Smith /s/ Ralph McClelland, Representatives, from Fulton County This 12th day of February, 1959. /s/ Ralph McClelland. Sworn to and subscribed before me this 12th day of February, 1959. /s/ Wilson Brooks, Notary Public. Approved March 10, 1959. WAYNE COUNTYSHERIFF AND CLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 320 (House Bill No. 556). An Act to place the compensation of the sheriff and the clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis; to provide for deputies, clerical help, automobiles and expenses; to provide the 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. The compensation of the sheriff and the clerk of the Superior Court of Wayne County is hereby

Page 3032

changed from a fee basis to a salary basis and such officials shall hereafter be paid salaries as herein provided. Said salaries shall be the sole and exclusive compensation for all services rendered by said officials in the Superior Court of Wayne County and in any other court located in said county. All fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind, including, but not limited to, any monies received by virtue of late purchases of automobile license tags and turnkey fees, as are now or may hereafter be allowed by law to be received or cellected for services by either of said officials, shall be received and diligently collected by each of said officials for the sole use of Wayne County and shall be the property of Wayne County. Such funds shall be held as public funds belonging to Wayne County and shall be accounted for and paid over to the fiscal authority of Wayne County by the tenth day of each month for the immediately preceding month, at which time a detailed, itemized statement shall be made by each of such officials under oath showing such collections and the sources from which collected. Salary basis. Section 2. The sheriff of Wayne County shall be compensated in the amount of $8,500.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The sheriff is hereby authorized to appoint a chief deputy, who shall be compensated in the amount of $5,200.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The sheriff is also authorized to appoint two additional deputies who shall be compensated in the amount of $4,800.00 per annum each, to be paid in equal monthly installments from the funds of Wayne County. In the event the sheriff deems that other deputies, in addition to the chief deputy and the two deputies provided for hereinbefore, are needed, he shall submit a statement in writing to that effect to the governing authority of Wayne County and if the governing authority of Wayne County grants its approval, the sheriff is authorized to appoint an additional deputy or additional deputies, as the case might be, whose compensation shall be fixed by the governing

Page 3033

authority of Wayne County and paid in equal monthly installments from the funds of Wayne County. No. additional deputies shall be appointed by the sheriff, however, other than the chief deputy and the two other deputies provided for hereinbefore, without the approval of the governing authority of Wayne County. Sheriff and deputies. Wayne County shall furnish three automobiles for the use of the sheriff and his deputies, which automobiles shall be the property of Wayne County. Such automobiles shall be used for official business and the gas, oil and upkeep of said automobiles shall be paid for from the funds of Wayne County. The expenses of the office of sheriff, such as desks, paper and other supplies, shall be furnished and paid for from the funds of Wayne County upon approval of the governing authority of Wayne County. No clerical help shall be employed by the sheriff without the approval of the governing authority of Wayne County, and in the event such approval is given, the compensation of such clerical help shall be fixed by the governing authority of Wayne County and shall be paid in equal monthly installments from the funds of Wayne County. Automobiles; clerical help, etc. Section 3. The clerk of the superior court of Wayne County shall be compensated in the amount of $8,500.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The clerk is hereby authorized to appoint a chief deputy, who shall be compensated in the amount of $4,800.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The expenses of the office of the clerk of the superior court, such as desks, paper and other supplies, shall be furnished and paid for from the funds of Wayne County upon approval of the governing authority of Wayne County. No clerical help shall be employed by the clerk without the approval of the governing authority of Wayne County, and in the event such approval is given, the compensation of such clerical help shall be fixed by the governing authority of Wayne County and shall be paid in equal monthly installments from the funds of Wayne County. Clerk of superior court, etc.

Page 3034

Section 4. 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 in which it otherwise becomes law. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Be it enacted by the General Assembly of Georgia: Notice of Intention to Introduce Local Legislation. Notice is hereby given that I will introduce in the General Assembly a Bill prohibiting county officers and/or others of Wayne County from collecting fees for making traffic arrests and authorizing the County Commissioners of Roads and Revenues (governing body of the county) to furnish travel for the sheriff's department and to further authorize them to make compensation to county officers and/or others for services rendered in connection with traffic cases made in Wayne County, Georgia. /s/ Clarence Jones Representative, Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence C. Jones, who, on oath, deposes and says that he is representative from Wayne County, and that the attached copy of notice of intention to introduce local legislation was published in the Jesup Sentinel, which is the official organ of said county, on the following dates: January 29, February 5, and February 12, 1959. /s/ Clarence Jones Representative, Wayne County
Page 3035

Sworn to and subscribed before me this 12th day of February, 1959. /s/ Frank H. Edwards Notary Public, Georgia, State at Large My Commission Expires October 11, 1959. (Seal). Approved March 10, 1959. FULTON COUNTYCOMPENSATION OF CIVIL SERVICE BOARD MEMBERS. No. 321 (House Bill No. 570). An Act to amend the Act of 1943 (Ga. L. 1943, p. 971, et seq., as amended by Acts of 1945, p. 850, et seq., and Acts of 1953, p. 2813, et seq.), which is an Act to create a civil service board in Fulton County, and for other purposes; so as to provide that the members of the civil service board shall be paid at the rate of twenty-five ($25.00) dollars per diem for the time actually devoted to the board. But no member shall be paid for more than thirty-six (36) days of service in any one year; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the Act of 1943 (Ga. 1943, p. 971 et seq., as amended by the Acts of 1945, p. 850 et seq., and Acts of 1953, p. 2813 et seq.), which said Act is an Act to create a civil service board in Fulton County, and for other purposes, is being amended as follows: Section 1. Section 3 of said Act is amended by striking the words and figures, fifteen ($15.00) dollars and substituting in lieu thereof the following words and figures, twenty-five ($25.00) dollars so that said section 3, when so amended, shall read as follows:

Page 3036

Section 3. The members of the board shall be paid at the rate of twenty-five ($25.00) dollars per diem for the time actually devoted to the business of the board but no member shall be paid for more than thirty-six (36) days of service in any one year. Section 2. All laws and parts of laws in conflict with this Act 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 19, 26th days of January, 1959, and on the 2nd days of February, 1959, as provided by law. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of the State of Georgia which meets on the second Monday in January, 1959, by amending Act of 1943, Ga. Laws 1943, p. 971 et seq., as amended, which established the Fulton County civil service board, so as to provide that members of said board shall be paid twenty-five ($25.00) dollars a day per diem for time devoted to the board, but no member shall be paid for more than thirty-six (36) days of service per any year. J. O. Moore /s/ Frank Kempton
Page 3037

Sworn to and subscribed before me this 3rd day of January, 1959. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959. (Seal). Approved March 10, 1959. MUNICIPAL COURT OF SAVANNAHPRACTICE AND PROCEDURE. No. 322 (House Bill No. 528). An Act amending the Act creating and establishing the Municipal Court of Savannah, Chatham County, Georgia, approved August 13, 1915 and the several Acts supplementary and amendatory thereto, including the Act approved August 17, 1929, and the Act approved February 11, 1937, and the Act approved March 7, 1955, by providing for the filing date of all civil cases or proceedings in said court shall be commenced at least eleven (11) days before the first day of the term to which they are returnable, and served at least five (5) days before the day of said term; by repealing all laws and parts of laws in conflict with or inconsistent with the provisions of this Act. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act creating and establishing the Municipal Court of Savannah, Chatham County, Georgia, approved August 13, 1915, and the Acts amendatory thereof and supplementary thereto including the Act approved March 7, 1955, the Act approved August 17, 1929, and the Act approved February 11, 1937 be and the same are hereby altered, amended and revised as follows: Section 2. Be it enacted by the authority aforesaid that section 6 of the Act of the General Assembly approved

Page 3038

March 7, 1955 be and the same is hereby amended by repealing and striking the words suits shall be filed at least 10 days before the first day of the term to which they are returnable and enacting and substituting the words so stricken and repealed the words that all civil cases or proceedings in the Municipal Court of Savannah, in which the principal sum claimed or the value of the property in dispute does not exceed the sum of one hundred ($100.00) dollars or is not over three hundred ($300.00) dollars, shall be filed at least 11 days before the first day of the term to which they are returnable and by striking the words in said section 6 last line thereof the words and/or in justices' courts so that said section as amended, shall read as follows: Section 6. Be it further enacted by the authority aforesaid that the term of said court shall commence on the first Tuesday of each month and each term shall continue from day to day, but not to run longer than the Monday preceding the commencement of the succeeding term. That all civil cases or proceedings in the Municipal Court of Savannah, in which the principal sum claimed or the value of the property in dispute does not exceed the sum of one hundred ($100.00) dollars or is not over three hundred ($300.00) dollars shall be filed at least 11 days before the first day of the term to which they are returnable and shall be served at least five days before the first day of said term. Answers to garnishments may be filed at any time during the first week of the term to which said garnishments are answerable. All summons, executions, warrants, writs and proceedings of any kind issuing from said Municipal Court shall be issued in the name of the chief judge, and signed by the clerk or deputy clerk of said court; all executions, warrants, writs and summary processes of any kind issuing from said Municipal Court shall be directed to all and singular the Sheriff and his lawful deputies of said municipal Court, and all and singular the sheriffs and deputy sheriffs of this State, and shall be executed as is now provided by law for proceedings in superior courts of the State. Practice and procedure.

Page 3039

Section 3. Be it further enacted by the authority aforesaid that section 7 of the Act of the General Assembly approved March 27, 1937, be and the same is hereby amended by repealing and striking therefrom the phrase thereof 10 days and substituting therefor eleven days, and further striking from the last sentence thereof, and the process shall be served on the defendant at least seven days before the first day of said term and substituting therefor the words and the process shall be served on the defendant at least five days before the first day of the said term, so that said section as amended, shall read as follows: Section 7. Be it further enacted by the authority aforesaid, that all civil cases or proceedings in the Municipal Court of Savannah in which the principal sum claimed or the value of the property in dispute exceeds the sum of one hundred ($100.00) dollars, or is not over three hundred ($300.00) dollars, shall commence eleven days before the first day of the term to which they are returnable, and the process shall be served on the defendant at least five days before the first day of said term. Same. Section 4. Be it enacted by the Authority aforesaid that section 3 of the Act of the General Assembly approved August 17, 1929 be and the same is hereby amended by repealing and striking the phrase ten days in the sixth sentence of said section and substituting the phrase eleven days and repealing and striking the phrase at least ten days in the eighth sentence of said section and substituting therefor the phrase at least five days, so that said section as amended, shall read as follows: Section 3. Be it further enacted by the authority aforesaid that all civil cases or proceedings in the Municipal Court of Savannah in which the principal sum claimed or the value of property in dispute exceeds the sum of one hundred ($100.00) dollars or is not over three hundred ($300.00) dollars shall be commenced at least eleven days before the first term to which they

Page 3040

are returnable, and the process shall be served on the defendant at least five days before the first day of said term. Same. Section 5. Be it further enacted by the authority aforesaid that any and all laws affecting the Municipal Court of Savannah in conflict and inconsistent herewith are hereby repealed. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Alva 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 Notice of Local Legislation. This is to give notice that a bill will be introduced at the January-February 1959 session of the General Assembly to amend the Act of 1929 relating to the Municipal Court of Savannah and Amended Acts thereof as to service of process, suits, garnishments, writs and in all civil proceedings and to change the return day of said Court from 10 days to 11 days before the first day of the next term and for other purposes. This January 24, 1959. /s/ Stella Akin Chief Judge, Municipal Court of Savannah. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of

Page 3041

January 24, 31, and February 7, 1959. /s/ Alvah H. Chapman, President and Publisher Sworn to and subscribed before me this 9th day of February 1959. /s/ Miriam E. Kassel Notary Public, Chatham County, Ga. (Seal). Approved March 10, 1959. LAW BOOKS TO CHATHAM COUNTY. No. 14 (House Resolution No. 32-41). A Resolution. Authorizing the State Librarian to furnish to the law library of Chatham County, without cost to said county, certain law books. Whereas, a county law library has been established in Chatham County for the use of the judges, solicitors and officers of the various courts of said county, and Whereas, a certain volume of the Georgia Court of Appeals Reports belonging to said library is missing, and Whereas, said library is without sufficient funds to purchase the new editions of the Georgia Laws, Georgia Supreme Court Reports, Georgia Court of Appeals Reports, and their advance sheets as they are published, and Whereas, the business of the courts in said county will be hampered and delayed because of the lack of the foregoing,

Page 3042

Now, therefore, be it resolved by the General Assembly of the State of Georgia that the State Librarian be authorized and directed to furnish to the law library of Chatham County, without cost, the following: 1. Volume 90 of the Georgia Court of Appeals Reports. 2. One copy of the Georgia Laws when it is published beginning in 1959 and continuing therefrom annually. Be it resolved that if for any reason the State Librarian cannot furnish the above specified volumes and supplements, the Governor is hereby authorized to draw his warrant on the State Treasurer for the amount required to purchase said volumes and supplements, provided funds are available for the purpose. Approved March 10, 1959. COMPENSATION TO J. L. NEWSOME. No. 15 (House Resolution No. 36-47). A Resolution. To compensate J. L. Newsome; and for other purposes. Whereas, on December 30, 1958, on the grounds of the Milledgeville State Hospital, a 1953 Ford automobile owned by J. L. Newsome was damaged when a truck belonging to the Milledgeville State Hospital rolled into the automobile owned by J. L. Newsome and caused damage thereto in the amount of one hundred seventy-five and No/100 ($175.00) dollars; and Whereas, damage was caused when the truck owned by the Milledgeville State Hospital rolled down a hill from a parked position and at such time unattended,

Page 3043

and the cause for the sudden rolling backwards is unknown; and Whereas, J. L. Newsome, at the time of the damage to his automobile, was engaged in performance of work for the Milledgeville State Hospital and it is only just and proper that he be compensated for the damage to his automobile as hereinabove enumerated. Now, therefore, be it resolved by the General Assembly of Georgia that the Director of the Department of Public Welfare is hereby authorized and directed to pay to J. L. Newsome the sum of one hundred seventy-five and No/100 ($175.00) dollars for damages to his automobile as hereinabove enumerated. Such payment shall be in full and final satisfaction of any and all claims resulting from said accident. Such sum shall be paid from the funds appropriated to, or available to, the Department of Public Welfare. Approved March 10, 1959. COMPENSATION TO SAM M. CARSON. No. 16 (House Resolution No. 44-91). A Resolution. To compensate Sam M. Carson; and for other purposes. Whereas, on March 8th, 1958, at or about 10:00 o'clock a.m., Sam M. Carson, a citizen of the State of Georgia was painfully injured when he slipped and fell on a slippery floor in the lobby of the State Patrol Headquarters Building while in such building on official business; and Whereas, at the time of said accident it was or had been raining and rain had been blown or tracked into the lobby in front of the entrance and collected there

Page 3044

and caused the terrazo tile floor to become slick and dangerous to persons having occasion to enter; and Whereas, the State Department of Public Safety and its employees had failed to have the water mopped up and to place a mat on same or some other floor covering to be placed inside the said door to prevent persons entering therein from slipping and falling; and Whereas, said accident was not occasioned through any negligence on the part of the said Sam M. Carson; and Whereas, the said Sam M. Carson incurred necessary expenses totalling $135.00 for physician's services, x-rays, physical therapy and transportation to and from the hospital as a result of said injury, and it is just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Department of Public Safety is hereby authorized and directed to pay to Mr.Sam M.Carson the sum of one hundred and five dollars ($105.00) as herein above enumerated. Said sum shall be paid from the funds appropriated to or available to the State Department of Public Safety. Approved March 10, 1959. COMPENSATION TO W. GUY PANNELL. No. 17 (House Resolution No. 47-99). A Resolution. Authorizing the Georgia Forestry Commission to pay compensation to Mr. W. Guy Pannell for damages to his crops caused by chemicals being sprayed on adjoining lands; and for other purposes,

Page 3045

Whereas, on July 26, 1958, while agents of the Georgia Forestry Commission were spraying chemicals designed to destroy undersirable hardwoods on lands adjoining the lands of Mr. W. Guy Pannell of Walton County, such chemicals drifted onto lands of Mr. Pannell, causing damage to his garden in the total amount of $150.00; and Whereas, such damage occurred through no fault or negligence whatsoever on the part of Mr. Pannell and it is only just and proper that he should be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Forestry Commission is hereby authorized and directed to pay to Mr. W. Guy Pennell the sum of $150.00 as compensation, as set out above. Said sum shall be paid from funds appropriated to or available to said commission. Approved March 10, 1959. COMPENSATION TO W. GUY PANNELL. No. 18 (House Resolution No. 48-99). A Resolution. Authorizing the Georgia Forestry Commission to pay compensation to Mr. W. Guy Pannell for damages to his crops caused by chemicals being sprayed on adjoining lands; and for other purposes. Whereas, on July 18, 1957, while agents of the Georgia Forestry Commission were spraying chemicals designed to destroy undesirable hardwoods on the lands of Mr. Bannon Jones, said chemicals drifted onto the lands of Mr. W. Guy Pannell of Walton County, causing damage to his growing crops, consisting of cotton, lespedeza and watermelons, in the total amount of

Page 3046

two hundred sixty-two dollars and ninety cents ($262.90), as determined by careful investigation conducted by the commission; Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Forestry Commission is hereby authorized and directed to pay to the aforesaid W. Guy Pannell, the sum of two hundred sixty-two dollars and ninety cents ($262.90), as compensation in full settlement of his claim, said sum to be paid from funds appropriated or available to the commission. Approved March 10, 1959. COMPENSATION TO A. W. TIDWELL. No. 19 (House Resolution No. 56-114). A Resolution. Authorizing compensation to A. W. Tidwell; and for other purposes. Whereas, on June 1, 1955, an employee of the State Highway Department, while cutting grass on the Fitzgerald-Rochelle Highway (State Highway 215) about two miles south of Rochelle, suddenly and without warning cut across the highway in front of A. W. Tidwell; and Whereas, due to the negligence of such employee, the said A. W. Tidwell was forced, in order to keep from striking and killing said employee, to leave the highway and overturn, causing great damage to his automobile, and causing him to suffer severe injuries which keep him in constant pain and which partially destroyed his hearing; and Whereas, it is only just and proper that A. W. Tidwell be reimbursed for the expenditure of such funds,

Page 3047

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 eleven hundred ($1,100.00) dollars to A. W. Tidwell, as compensation set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 10, 1959. COMPENSATION TO MRS. E. R. ALDREDGE. No. 21 (House Resolution No. 63-136). A Resolution. Compensating Mrs. E. R. Aldredge; and for other purposes. Whereas, on July 7, 1958, at approximately 4:15 p.m., Mrs. E. R. Aldredge was driving her automobile on U. S. Highway No. 29, and at a point where said highway intersects with State Route No. 100, she stopped for a traffic light, at which time a patrol car, owned by the Department of Public Safety and operated by a member of said department, struck the rear of Mrs. Aldredge's automobile; and Whereas, the automobile was damaged in the amount of $95.48 and she incurred travel expenses in the amount of $28.00 and medical expenses in the amount of $10.00; and Whereas, the accident occurred through no fault or negligence whatsoever on the part of Mrs. Aldredge and it is only just and proper that she should be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety

Page 3048

is hereby authorized and directed to pay to Mrs. E. R. Aldredge the sum of $133.48 as compensation, as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved March 10, 1959. COMPENSATION TO TOMMIE T. ROGERS. No. 22 (House Resolution No. 66-190). A Resolution. To compensate Tommie T. Rogers; and for other purposes. Whereas, certain garden crops of Mr. Tommie T. Rogers were damaged by the Georgia Forestry Commission while aerially spraying a cull hardwood area adjacent to the crop of Mr. Rogers, and Whereas, the damages to the crops were determined by the County Agent of Evans County, and the Georgia Forestry Commission concurs with the estimate of damages, and that the fair appraisal of the damage to the crops amounted to $45.68, and Whereas, 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 Georgia Forestry Commission is hereby authorized and directed to pay to Tommie T. Rogers the sum of $45.68 for damages as hereinabove enumerated. Such payment shall be in full and final satisfaction for such damages. Said sum shall be paid from the funds appropriated to or available to the Georgia Forestry Commission. Approved March 10, 1959.

Page 3049

COMPENSATION TO ALBERT PARKER. No. 23 (House Resolution No. 67-190). A Resolution. Relative to compensation to Mr. Albert Parker; and for other purposes. Whereas, on June 3, 1958, a 1958 Oldsmobile belonging to Albert Parker was damaged in an accident involving a patrol car of the Department of Public Safety in a collision that occurred approximately one and a half miles east of Daisy, Georgia, on Georgia Highway 30 (U. S. 280), in Evans County, and Whereas, said automobile was damaged in the amount of $1,072.77 (the lowest of three estimates, the highest being $1,108.05), and Whereas, the patrol car was being operated at the time of the accident by Corporal D. E. Watson of Post #18 while in the performance of his duties with the Department of Public Safety, and Whereas, it is only just and proper the compensation be paid for the damages hereinabove enumerated. 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 Mr. Albert Parker the sum of $1,072.77 as damages as hereinabove enumerated. Such payment shall be in full and final satisfaction for any and all claims arising from such accident. Said sum shall be paid from the funds appropriated to or available to the Department of Public Safety. Approved March 10, 1959.

Page 3050

LAW BOOKS TO WILKES COUNTY. No. 24 (House Resolution No. 68-190). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Wilkes County; and for other purposes. Whereas, the Wilkes County Court House was destroyed by fire on December 24, 1958, and all the Supreme Court Reports, Court of Appeals Reports and Georgia Laws were burned or ruined by water damage; and Whereas, such books are necessary in order that the business of such court be transacted; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish the Clerk of the Superior Court of Wilkes County a complete set of the Georgia Supreme Court Reports, a complete set of the Georgia Court of Appeals Reports and a complete set of the Georgia Laws 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 Wilkes County. Be it further resolved that if for any reason, the State Librarian cannot furnish all of the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase the books which the State Librarian is unable to furnish. Approved March 10, 1959.

Page 3051

HENRY VAUGHN AND T. G. HARMON RELIEVED AS PRINCIPAL AND SECURITY ON APPEARANCE BOND. No. 26 (House Resolution No. 79-210). A Resolution. To relieve T. G. Harmon the security on an Appearance Bond; and for other purposes. Whereas, T. G. Harmon did become security in the principal amount of $500.00 on an appearance bond in the case of the State vs. Henry Vaughn who was charged at the January Term 1955 as defendant in the Harris County Superior Court of the Chattahoochee Judicial Circuit; Whereas said appearance bond was forfeited by mistake in said Superior Court; Whereas, the said surety subsequently produced the principal in court at which time the said principal was sentenced by said court and said sentence has been executed and fully complied with, Now, therefore, be it resolved by the General Assembly of Georgia that Henry Vaughn, the principal, and T. G. Harmon, the security, be relieved from the payment of the aforesaid appearance bond, and the Clerk of the Harris Superior Court is hereby authorized, empowered, instructed and directed to cancel said judgment of forfeiture and directed to mark the execution issued on the forfeiture of said bond cancelled and satisfied of record. Approved March 10, 1959.

Page 3052

COMPENSATION TO HOWARD R. JOHNSON. No. 28 (House Resolution No. 84-232). A Resolution. To compensate Mr. Howard R. Johnson; and for other purposes. Whereas, on August 12, 1958, a 1954 Pontiac sedan owned by Howard R. Johnson was damaged in a collision with a truck operated by an employee of the State Highway Department of Georgia, and Whereas, the collision occurred in Putnam County, Georgia, and the damage to the 1954 Pontiac sedan was caused solely by the negligence of the employee of the State Highway Department of Georgia while performing the duties of his employment, and Whereas, the damage incurred was in the amount of $107.51 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 of Georgia is hereby authorized and directed to pay to Howard R. Johnson the sum of $50.00 as herein-above enumerated. Said payment shall be in full satisfaction of any and all claims against the State Highway Department resulting from said accident. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Approved March 10, 1959.

Page 3053

COMPENSATION TO WILMA HULSEY DORSEY. No. 30 (House Resolution No. 115-322). A Resolution. To compensate Wilma Hulsey Dorsey; and for other purposes. Whereas, on May 2, 1957, Wilma Hulsey Dorsey was driving her automobile north on U. S. Highway #23 in Hall County, and had to stop because a bus had stopped in front of her to let off some passengers and several other cars had also stopped; and Whereas, a State Highway Department truck, operated by an employee of the State Highway Department, failed to stop in time and ran into the back of said autotmobile, damaging the same and injuring Mrs. Dorsey; and Whereas, the accident occurred through no fault or negligence whatsoever on the part of Mrs. Dorsey, 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 Wilma Husley Dorsey the sum of $208.80 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 10, 1959.

Page 3054

LAW BOOKS TO MONROE COUNTY SUPERIOR COURT. No. 33 (House Resolution No. 124-362). A Resolution. Authorizing and directing the State Library to furnish certain law books to the Library of the Monroe County Superior Court, and authorizing the Governor to purchase such books if necessary; to repeal conflicting laws; and for other purposes. Whereas, certain law books are missing from the Library of the Monroe County Superior Court, and Whereas, the business of said court is hampered and delayed because of the lack of such books, which are necessary for the transaction of the official business of such Court, and Whereas, the following volumes of the Georgia Reports of the Supreme Court and the Georgia Appeals Reports of the Court of Appeals are missing, Georgia Reports: Volumes 1, 3, 10, 21, 30, 33, 34, 46, 49, 51, 53, 54, 55, 56, 57, 59, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 77, 78, 79, 80, 83, 84, 85, 88, 89, 97, 99, 100, 101, 103, 107, 117, 118, 126, 127, 150, 151, 152, 153, 161, 199, 200, 201, 202, 203, 209, and 213. Georgia Appeal Reports: Volumes 1, 2, 6, 7, 39, 45, 46, 52, 54, 58, 60, 61, 63, 65, 69, 70, 74, 78, 84, 86, 88, 89, 90, 91, 92, 93, 94, 95, 96, and 97. 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 said library of the Monroe County Superior Court, without cost, to Monroe County the missing volumes of the said Georgia Reports of the Supreme Court and the Georgia

Page 3055

Appeals Reports of the Court of Appeals, as above enumerated. If for any reason the State Librarian cannot furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required by the same, provided said funds are available from any appropriated funds. Approved March 10, 1959. LAW BOOKS TO BARTOW COUNTY SUPERIOR COURT. No. 35 (House Resolution No. 178-513). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Bartow County; and for other purposes. Whereas, the Bartow County Court House is without the following books: The Supreme Court Reports, Court of Appeals Reports and Georgia Laws; and Whereas, such books are necessary in order that the business of such court be transacted; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish the Clerk of the Superior Court of Bartow County a complete set of the Georgia Supreme Court Reports, a complete set of the Georgia Court of Appeals Reports and a complete set of the Georgia Laws 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 Bartow County.

Page 3056

Be it further resolved that if for any reason, the State Librarian cannot furnish all of the books above specified, the Governor is hereby authorized to draw his warrant on the State Treasury for the amount required to purchase the books which the State Librarian is unable to furnish. Approved March 10, 1959. CITY OF CARTERSVILLECHARTER AMENDED. No. 324 (House Bill No. 409). An Act to amend an Act creating a new charter for the City of Cartersville, approved February 8, 1937 (Ga. L. 1937, p. 1532), as amended, so as to give unto the said city the power to contract with other municipalities or governmental bodies for any number of years to provide public utilities such as water and natural gas and the distribution systems therefor within such municipalities or governmental bodies, to finance and refinance the same with revenues received therefrom, or revenue anticipation bonds or otherwise either separately or in conjunction with existing systems in the City of Cartersville, to manage and control such distribution systems, to regulate, fix and collect the rates therefor, to be granted and to procure franchises, easements and rights of way for the same within such municipalities or governmental bodies, to provide such public utilities and distribution systems to areas outside the corporate limits of the City of Cartersville and finance the same, to ratify any and all such contracts and services now existing or heretofore entered into or provided by said city; the power to open and close streets and alleys within the city; the power to revoke existing franchises to public utility companies; power to revoke existing rights to use the city streets and alleys for public utility purposes, power to purchase existing public utility facilities, transmission lines and distribution systems within the city limits which do not

Page 3057

belong to the city, power to lease or rent from others over any term of years any such public utility distribution system or any part thereof, power to purchase and to finance from the revenues received by the city from the operation of any of its systems over a term of years such systems, or any material, fixtures, implements or facilities needed in the operation of the same, and to ratify any such leases or purchases and financing arrangements therefor now existing or heretofore entered into; the power to exercise the right of eminent domain to condemn public or private property located either within or without the city to carry out any of its other powers; the power to prescribe rules and regulations for the improvements or construction of any facilities upon property within the city; the power to provide an annual system of audits of the various departments of the city government; the same power to collect utility bills owed to the city by anyone outside the city and the creation of liens therefor as may be done within the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Cartersville, approved February 8, 1937 (Ga. L. 1937, p. 1532), as amended, is hereby amended by adding new sections to section 65 of the presently existing charter to be numbered section 65-A and 65-B, and to read as follows: Section 65-A. The City of Cartersville shall have the power to contract with other municipalities or governmental bodies for any number of years, not exceeding 50 years, to provide public utilities for water and natural gas and the distribution systems therefor within such municipalities or governmental bodies, to finance and refinance the same with revenues received therefrom, or with revenue anticipation bonds either separately or in conjunction with existing systems in the City of Cartersville, to manage and control such distribution systems, to regulate, fix and collect the rates therefor by contract with such

Page 3058

municipalities, to be granted and to procure franchises, easements and rights of way for the same within such municipalities or governmental bodies, to provide such public utilities and distribution systemsto areas outside the corporate limits of the City of Cartersville and finance the same in the manner aforesaid. Any and all such contracts and services now existing or heretofore entered into or provided by said city are hereby ratified. Public utilities. Section 65-B. Said city, by and through its mayor and board of aldermen, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, including condemnation of lands or premises necessary for same, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom to issue negotiable certificates payable from such revenues maturing over a term of years, not exceeding 30 years; to finance the cost of construction and operation of same from the revenue therefrom, or otherwise, and to exercise all the powers and authority to do all the things and acts authorized by the `Revenue Anticipation Law of 1937' of this State, and Acts amendatory thereof. (a) The city shall have the same power to collect utility bills and other charges relating to utility distribution systems owed the city by anyone outside the city limits and the creation of liens therefor as may be done and in the same manner as within the city. The term utility bills is extended to include electric current, water, natural gas, and sewerage both inside and out of the city limits of the City of Cartersville, Georgia, as amended. Section 2. Said Act is further amended by striking from section 105 the words and may abandon or abolish streets, sidewalks or other public area when the same are not longer used or useful to the city or the inhabitants, thereof, and inserting in lieu thereof the words, and the board of aldermen of said city are hereby granted

Page 3059

full power and authority, in their discretion, to close, or abolish, either permanently or temporarily, any street, road, alley, sidewalk, or other public area in said city. Provided, however, no street, road, alley, sidewalk or other public area in said city shall be closed for mining purposes., so that when so amended, section 105 shall read as follows: Section 105. The board of aldermen of said city shall have power and authority to sell at public sale, as provided for in sheriff's sale in said county, any property purchased by the City of Cartersville at a sale thereof for taxes or under other process, as well as any other property of the city, that is of no use to the city; and the board of aldermen of said city are hereby granted full power and authority, in their discretion, to close or abolish, either permanently or temporarily, any street, road, alley, sidewalk or other public area in said city. Provided, however, no street, road, alley, sidewalk or other public area in said city shall be closed for mining purposes. Closing of streets, etc. Section 3. Said Act is amended by striking section 74, in its entirety from the charter of the City of Cartersville, as established by Georgia Law 1937, p. 1532 et seq., and inserting in lieu thereof a new section 74, so that when so amended, section 74 shall read as follows: Section 74. The City of Cartersville shall have the power of eminent domain to condemn public or private property for the use of said city, either within or without the corporate limits thereof, including any distribution system or other property of an existing public utility connected therewith or incident thereto used exclusively in serving residential and commercial customers within: (1) the area annexed to the City of Cartersville by Act of the General Assembly of Georgia approved March 17, 1958 (Ga. L. 1958, pp. 2283-2293), and (2) the area proposed to be annexed by the City of Cartersville by House Bill No. 407 introduced at the 1959 session of the General Assembly of Georgia (in the event such annexation is approved in the referendum provided for in said

Page 3060

House Bill No. 407); but not including property of an existing public utility within or without the city limits other than the property specifically referred to herein, to carry out any of its powers. Eminent domain. (a) The City of Cartersville shall further have the power to purchase existing public utility facilities, transmission lines and distribution systems within the city limits which do not now belong to the city, power to lease or rent from others over any term of years any such public utility distribution system or any part thereof, additional power to purchase and to finance from the revenues received by the city from the operation of any of its systems over a term of years, such systems or any material, fixtures, implements, or facilities needed in the operation of the same, and to ratify any such leases or purchases and financing arrangements therefor now existing or heretofore entered into. Public utilities. (b) The City of Cartersville shall have the power through its board of alderman to make contracts and enact all ordinances and resolutions necessary thereto including, but not limited to, the purchase of any materials, fixtures, implements, or facilities needed in the operation of any of its public utility distribution systems and to execute contracts of rental, lease purchase agreements, retention title contracts, and all other contracts or agreements of a similar nature, payable on the installment and for any term of years, for providing the same. All such contracts and agreements entered into prior to the approval of this Act by the City of Cartersville, through its mayor and board of aldermen, are hereby confirmed and ratified in toto. Same. (c) Unless exercised under the general laws of this State including, but not limited to the laws permitting the issuance of revenue anticipation bonds, the power to purchase existing utility distribution systems out of the revenues to be earned, the pledging of the revenues from such system shall be limited to the revenues received from such acquired systems or extension provided the same may not violate the terms of any existing issue of revenue

Page 3061

anticipation certificates or revenue bonds, and in the event any such acquired system or extension is added to or combined with a system already owned by the city, the revenue of which has been pledged to pay any outstanding issue of revenue anticipation certificates, or revenue bonds, the revenue from the acquired system or extension and the expense of operating the system shall be kept separate from the revenue of the existing system and not co-mingled therewith. Same, bonds. (d) In the event the city acquires facilities under subparagraph (b) hereof for any utility system, the revenue of which has been pledged or may be pledged for the payment of revenue anticipation certificates or revenue bonds, the pledging of revenues from such system shall be done in accordance with and not in conflict with the terms of such outstanding certificates. In no event shall the outstanding certificates of indebtedness or other purchase obligations, issued under said subparagraph (b), including revenue anticipation certificates or revenue bonds, aggregate at any one time for any one distribution system more than the sum of $150,000.00; provided however, that no provision contained herein or right granted hereby shall apply to a utility furnishing communication service. Same Section 4. The mayor and board of aldermen shall provide an annual system of audits of the various departments of the city government, whether partially or wholly financed from city funds, and select, employ, and contract with certified public accountants to accomplish this purpose. Each such audit shall be made on a fiscal year basis. Audits. Section 5. This Act shall have effect immediately upon approval of the same. In all other respects the charter and ordinances of the City of Cartersville as prsently constituted shall be operative within the city limits of the City of Cartersville, as amended, upon approval hereof. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

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Section 7. If any portion hereof is held illegal, unconstitutional, or void, the remaining portion shall not be affected thereby. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Woodrow Horace 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 Tribune News Publishing Company, which is the official organ of said county, on the following dates: December 25, 1958, January 1, 1959, January 8, 1959. /s/ W. H. Bradley Representative, Bartow County Sworn to and subscribed before me, this 5th day of February, 1959. /s/ Amelia Smith Notary Public, Georgia, State at Large My Commission Expires October 4, 1960 (Seal). Notice. Notice is hereby given that the undersigned intends to apply to the General Assembly of Georgia at the January, 1959 session thereof for an amendment to the charter of the City of Cartersville, giving to said city the (a) power to contract with other municipalities or governmental bodies for any number of years to provide public utilities such as water and natural gas and the distribution systems therefor within such municipalities or governmental bodies, to finance and refinance the same with revenue anticipation bonds either separately or in conjunction with existing systems in the City of Cartersville, to manage and control such distribution systems, to regulate, fix and collect the rates therefor, to be granted

Page 3063

and to procure franchises, easements and rights of way for the same within such municipalities or governmental bodies, to provide such public utilities and distribution systems to areas outside the corporate limits of the City of Cartersville and finance the same in the manner aforesaid, to ratify any and all such contracts and services now existing or heretofore entered into or provided by said city; (b) power to open and close streets and alleys within the city; (c) power to grant franchises and to revoke existing franchises to public utility companies, power to revoke existing rights to use the city streets and alleys for public utility purposes, power to purchase existing public utility facilities, transmission lines and distribution systems within the city limits which do not now belong to the city, power to lease or rent over any term of years any such public utility distribution system of any part thereof, power to purchase and to finance from the revenues received by the city from the operation of any such systems over a term of years any material, fixtures, implements or facilities needed in the operation of the same, and to ratify any such leases or purchases and financing arrangements therefor now existing or heretofore entered into; (d) power to exercise the right of eminent domain to condemn public or private property located either within or without the city to carry out any of its other powers; (e) power to prescribe rules and regulations for the improvement or construction of any facilities upon property within the city; (f) power to provide an annual system of audits of the various departments of the city government; (g) power to prescribe and define the duties of the city manager, including power to make purchases for the city; (h) same power to collect utility bills owed to the city by anyone outside city and the creation of liens therefor as may be done within the city; (i) and for other purposes. This 23rd day of December, 1958. City of Cartersville By: Robert E. Gibbons City Clerk. Approved March 12, 1959.

Page 3064

CITY OF ALBANYCORPORATE LIMITS, WARDS, ETC.REFERENDUM. No. 325 (House Bill No. 480). An Act to amend an Act creating and establishing a new charter for the City of Albany, Georgia (Ga. L. 1923, pp. 370-418), approved August 18, 1923, by striking section 2 of said Act, as amended (Ga. L. 1958, pp. 3045-3058), approved March 21, 1958, 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 define the territory to be included within the various wards of the City of Albany; to provide for the submission of this Act for ratification or rejection; 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 approved August 18, 1923 (Ga. L. 1923, pp. 370-418), as amended (Ga. L. 1958, pp. 3045-3058), approved March 21, 1958, creating and establishing a new charter for the City of Albany, be, and the same is hereby amended by striking section two (2) 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[prime] 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 890 0[prime] 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

Page 3065

the west line of land lot number 375 first land district of Dougherty County; thence north 0 10[prime] 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[prime] 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[prime] east along the west side of said twenty (20.0) foot alley, a distance of five hundred seventy five (575.0) 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 north along the land lot line between land lots number 403 and number 414 to the north right of way line of the Central of Georgia Railroad; thence run west southwesterly along the north right of way line of the Central of Georgia Railroad to a point on the west side of Ingleside Drive extended; 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 a point on a line parallel to and five hundred (500) feet south of the southerly side of Gillionville Road measured perpendicular; thence run westerly along said line of parallel to and south of the southerly side of Gillionville Road to the west line of land lot number 413 first land district of Dougherty County; thence run north along the west line of land lot number 413, number 412 and number 411 to the corner common to land lots number 410 and 411, first land district of Dougherty County and land lots number 40 and number 41, second land district of Dougherty County; thence run westerly along the south line of land lot 40, second land district of Dougherty County a distance of three thousand three hundred sixty eight and six tenths (3368.6) feet to the west line of land lot number 40, thence run northerly along the west line of land lot number 40, a distance of eight hundred ten (810) feet to a point; thence run easterly a distance of three thousand sixty seven (3067) feet to a point on the southwesterly right-of-way line of Dawson Road; thence

Page 3066

run southeasterly along the southwesterly right-of-way line of Dawson Road a distance of four hundred seventy two and four tenths (472.4) feet to a point on the line between land lot number 40, second land district of Dougherty County and land lot number 410, first land district of Dougherty County which is four hundred forty and five tenths (440.5) feet north of the land lot corner common to land lots number 410 and number 411, first land district of Dougherty County and land lots number 40 and 41, second land district of Dougherty County; thence run northerly along the west line of land lots number 410 and 409, first land district of Dougherty County to the north line of land lot number 409; thence run easterly along the north line of land lots number 409, number 408, number 369, and number 368, first land district of Dougherty County to a point on the west bank of the Kinchafoonee Creek; thence run southeasterly along the west bank of the Kinchafoonee Crek to the west right-of-way line of Old Leesburg Road; thence run south southeasterly along the west right-of-way line of the Old Leesburg Road 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) 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 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

Page 3067

hundred and eighty four (284.0) feet to the west side of Hobson Stret; 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 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 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 the north line of Roosevelt Avenue projects east to a point two hundred fifty (250) feet west of the east line of land lot number 231, first land district of Dougherty County; thence run northerly along a line parallel to and two hundred fifty (250) feet west of the east line of land lot number 231, number 232 and number 233 to the south bank of the Georgia Power Company lake; thence run east northeasterly along the south bank of the Georgia Power Company lake to a point thirty (30) feet west of the east line of lot number 25 of the Cromartie Beach Development plat as recorded in the office of the clerk of the Superior Court, Dougherty County, plat book I, page 267; thence run south parallel to and thirty (30) feet west of the east line of lot 25 Cromartie Beach Development a distance of one hundred twenty four and seventh tenths (124.7) feet to a point; thence run east a distance of one hundred ten (110) feet to a point; thence run south a distance of one hundred fifty (150) feet to a point; thence run west a distance of eighty (80) feet to the southeast corner of lot 25, Cromartie Beach Development; thence run South a distance of fifty four (54) feet to the southerly side of Cromartie Drive; thence run southwesterly along the southerly side of Cromartie Drive a distance of eight hundred twenty four

Page 3068

and nine tenths (824.9) feet to the east side of a thirty (30) foot street running between lots 32 and 33, Cromartie Beach Development; thence run southerly along the east side of said thirty (30) foot street a distance of one thousand twenty eight (1028) feet to a point on the north line of the Turner City Corporation; thence run easterly along the north line of the Turner City Corporation a distance of eight hundred eighty (880) feet to the northeast corner of the Turner City Corporation; thence run southerly along the east line of the Turner City Corporation a distance of one thousand four hundred (1400) feet to the line between land lots number 198 and number 199, first land district of Dougherty County; thence run easterly along said lines between land lots number 198 and number 199 a distance of five hundred (500) feet to the east line of land lot number 199; thence run southerly along the east line of land lots number 199 and number 200 to the corner common to land lots number 191 and number 192, number 200 and number 201; thence run easterly along the north line of land lots number 191 and number 162 to the corner common to land lots number 154, number 155, number 161 and number 162; thence run southerly along the east line of land lots number 162 and number 163 to a point on a line parallel to and five hundred (500) feet southwest of the southwesterly side of Johnson Road; thence run northwesterly along said line parallel to and southwest of the southwesterly side of Johnson Road to a point on a line parallel to and five hundred (500) feet south of the southerly side of Wright Drive; thence run westerly along said line parallel to and south of the southerly side of Wright Drive 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 (220.0) feet to a point; thence run south 0 40[prime] east a distance of one hundred eighty six and seven tenths (186.7) feet to a point; thence run south 89 10[prime] west, a distance of one hundred (100.0) feet to a point; thence run north 0 40[prime] west a distance of one hundred eighty seven (187.0) feet to the south

Page 3069

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 a point on a line parallel to and five hundred (500) feet south of the southerly right-of-way line of U. S. Highway 82, measured perpendicular; thence run westerly along said line parallel to and south of the southerly right-of-way line of U. S. Highway 82 to a line between land lots number 201 and number 202, first land district of Dougherty County; thence run west along the line between land lots number 201 and number 202 to the corner common to land lots number 201, number 202, number 229, and number 230; thence run south along the land lot line between land lots number 201 and number 230, number 202 and number 229 to north right-of-way line of Georgia Northern Railroad; thence run northwesterly along the north right-of-way line of the Georgia Northern Railroad 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. 82 to a point where the north side of Whitney Avenue projected east intersects the south right-of-way line of U. S. Highway 82; 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

Page 3070

in the low cost housing project of the Albany Housing Authority; thence run 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. Corporate limits. 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 limits. The City proper shall be divided into wards as follows: 1st Ward. Ward one shall include all that part of the city of Albany lying east of the Flint River and known as East Albany. Wards. 2nd Ward. 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. 3rd Ward. 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

Page 3071

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 and Fifth Avenue projected east to the centerline of Monroe Street, running thence north along 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. 4th Ward. 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 the 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, running thence west along the centerline of Eighth Avenue and Eighth Avenue projected west to the 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. 5th Ward. 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

Page 3072

of Valley Road Alley projected west to western most boundary of the city limits of Albany. Section 2. Not less than thirty nor more than sixty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the city commissioners to issue the call for an election for the purpose of submitting this Act to the voters residing within the affected area for approval or rejection. The commissioners shall set the date for such election for a day not less than thirty nor more than sixty days after the date of the issuance of the call. The city commissioners shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of Albany and the official organ of Dougherty County. The ballots shall have printed or written thereon the words: For approval of the City extending the corporate limits of the City of Albany. Against approval of the Act extending the corporate limits of the City of Albany. 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 of 12:01 A. M., December 31, 1959. If less than a majority of the votes cast on such election are for 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 Albany. It shall be the duty of the commissioners 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 city commissioners 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.

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It shall be the duty of the city commissioners to hold and conduct such election in such manner as to permit those persons who have resided within the affected area for a period of at least six months preceding the date of the election and who are registered and qualified to vote for members of the General Assembly in such manner and at such times and places as shall enable to question of extending corporate limits to be voted on by the affected voters as herein provided. The city registrars of the City of Albany shall prepare and use in such election a list of the qualified voters for the affected area. Should any person vote in said election who is not qualified as herein provided, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Section 3. The term affected area as used in this bill shall be construed as meaning all of the area lying within the boundaries of the proposed city limits as contained in this bill, including both the area within the present city limits and the area outside the present city limits but within the boundaries of the proposed city limits as contained in this bill. Section 4. Be it further enacted by the authority aforesaid that the provisions of this bill are severable, and that should any provision, or provisions, thereof be declared illegal and ineffective for any purpose, the remaining provisions shall not be in anywise affected thereby. Section 5. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced for passage at the present 1959 session of the General Assembly a local bill having the effect of extending and

Page 3074

re-defining the existing limits of the City of Albany, Georgia. This the 13th day of January, 1959. George D. Busbee, Colquitt H. Odom, Representatives in General Assembly. Georgia, Fulton County. In person before the undersigned attesting officer duly authorized under the laws of this state to administer oaths, came George D. Busbee and Colquitt H. Odom, who being duly sworn on oath, depose and say they are the joint authors of the bill described in the foregoing notice and that said notice of local legislation was duly published in the Albany Herald, a newspaper in which the sheriff's legal advertisements are published for Dougherty County, Georgia, once a week for three consecutive weeks, to-wit: January 13th, 20th and 27th, 1959, preceding the introduction of said bill in the General Assembly of Georgia. George D. Busbee Colquitt H. Odom Sworn to and subscribed before me, this 10 day of February, 1959. Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 12, 1959.

Page 3075

CITY OF FOREST PARKCHARTER AMENDED. No. 327 (House Bill No. 342). An Act to amend an Act approved August 14, 1908, entitled An Act to incorporate tte Town of Forest Park in the County of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their election; to provide for the government of said town, and for other purposes, and the several Acts amendatory thereof, so as to provide for certain described property to be excluded from the present city limits of said city so that said property will be in an unincorporated area of Clayton County, Georgia; and so as to provide a certain designated time and the hours during which the polls will be open for municipal elections held in the City of Forest Park; so as to authorize the mayor and council to provide by ordinance for the punishment of offenses against the ordinances of the City of Forest Park; and to provide for the annexation of certain territory and extend the present city limits of said city and to give present municipal power and authority over all of said described annexed area; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 14, 1908, entitled An Act to incorporate the Town of Forest Park in the County of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their election; to provide for the government of said town; and for other purposes, and the several acts amendatory thereof, be, and the same are hereby amended as follows: 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

Page 3076

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. Excluding certain described property from present city limits. The charter of said city is hereby amended so as to provide that the following described property shall be excluded from the present city limits of the City of Forest Park: All that tract and parcel of land lying and being in the present city limits of the City of Forest Park, Georgia, and being partly in land lots 45, 46, 51 and 52 of the 13th district of Clayton County, Georgia, and being more particularly described as follows: beginning at a point on the northerly side of R/W line of Main Street, 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 proceeding in a northwesterly direction along the north R/W line of Main Street, and following the curvature thereof, a distance of three thousand six hundred and fifty (3,650) feet, more or less, to a point located at the northwesterly intersection of Main Street and Conrade Street; thence proceeding in a westerly direction a distance of four hundred and forty (440) feet, more or less, to the north R/W line of the Central of Georgia Railroad (mainline); thence proceeding in a southeasterly direction along the north R/W line of said railroad and following the curvature thereof for a distance of four thousand three hundred (4,300) feet, more or less, to the easterly side of Hale Road; thence proceeding in a northeasterly direction a distance of eighty (80) feet, more or less, to the north side of Main Street and the point of beginning. Section 3. Hours Set For Opening and Closing Of Polls For Municipal Elections. That the polls of the City of Forest Park shall be opened for municipal elections

Page 3077

at six (6) o'clock a. m. and closed at seven (7) o'clock p.m. Section 4. Power To Prescribe Punishment For Violation Of Ordinances. The mayor and council are authorized to provide by ordinance for the punishment of offenses against the ordinances of the city, on conviction by the municipal recorder, for each offense, by imprisonment for a period not exceeding ninety days, by sentence to work on the streets or public works for a period not exceeding ninety days, or by a fine not exceeding five hundred dollars, any or all of said penalties in the discretion of the municipal recorder. Section 5. Paragraph 1. Extending The City Limits of the City of Forest Park. Be it further enacted that the corporate limits of the City of Forest Park be extended so as to include and annex the following described property: All that tract or parcel of land lying and being in land lots 52 and 53 of the 13th district of Clayton County, Georgia, and being more particularly described as follows: Beginning at an iron pipe on the northwest side of Georgia Avenue (said Georgia Avenue having a right-of-way of 60 feet) three hundred thirty one (331) feet northeasterly from the northeast intersection of Georgia Avenue and the new four-lane expressway (Highway 41 and 19), said point of beginning being at the southeasterly corner of property now or formerly owned by William Ray McNair; thence north 1 degree 11 minutes west four hundred eighty and two tenths (480.2) feet to an iron pin at the northeast corner of said property; thence south 70 degrees 54 minutes west along the northwest side of said property two hundred sixty seven and four tenths (267.4) feet to an iron pin at the northeast corner of the Cawthon-Hollums property; thence south 83 degrees 24 minutes west along the northerly side of said property one hundred seventy six (176) feet to an iron pin on the northeast right of way line of the new four-lane Expressway; thence northwesterly along the northeasterly right of way line of said four-lane

Page 3078

expressway five hundred ninety five and seven tenths (595.7) feet to an iron pin at the southwest corner of property nor or formerly owned by Lemuel E. Baker and Howard G. Dean, Jr.; thence north 89 degrees 46 minutes east along the south line of the Baker and Dean property five hundred fifty five and five tenths (555.5) feet to an iron pin at the southeast corner of said property; thence north 1 degree 11 minutes west along an agreed line as established by instrument dated February 8, 1956, among Lemuel E. Baker, Howard G. Dean, Jr., and Abe Goldstein, recorded in deed book 140, page 393, in the office of the Clerk of the Superior Court of Clayton County, Georgia, five hundred ninety eight and two tenths (598.2) feet to the northeast corner of said property; thence south 89 degrees 30 minutes west along the north side of said property six hundred twenty four and seven tenths (624.7) feet to an iron pin on the east right of way line of the new four-lane expressway; thence northerly along the east right of way line of said expressway six hundred and fifty (650) feet to the north line of land lot 53; thence north 89 degrees 30 minutes east along the north line of said land lot a distance of one thousand sixty eight and four tenths (1,068.4) feet to an iron pin; thence south 1 degree 08 minutes east and along a line which forms an interior angle of 90 degrees 38 minutes with the preceding course seventy five (75) feet to an iron pin; thence north 89 degrees 30 minutes east two thousand five hundred thirty five and eight tenths (2,535.8) feet to an iron pin three hundred seven and four tenths (307.4) feet east of the line dividing land lots 52 and 53; thence south 3 degrees 05 minutes east one thousand six hundred ninety and two tenths (1,690.2) feet to an iron pin on the northerly side of Georgia Avenue; thence westerly along the northerly side of Georgia Avenue three hundred twelve and six tenths (312.6) feet to an iron pin at the intersection of the east line of land lot 53 with the north line of Georgia Avenue; thence westerly along the northerly side of Georgia Avenue two thousand three hundred and five tenths (2,300.5) feet to an iron pin at which point Georgia Avenue widens and becomes sixty (60) feet;

Page 3079

thence north 1 degree 08 minutes west ten and four tenths (10.4) feet; thence generally southwesterly along the northerly side of Georgia Avenue four hundred forty nine (449) feet to the point of beginning. Being the same property conveyed by the following warranty deeds from: (a) Empire Land Company to State of Georgia, dated January 9, 1956, filed for record February 13, 1956, recorded in deed book 140, page 389, in the office of the Clerk of the Superior Court of Clayton County, Georgia. (b) W. S. Realty Holdings, Inc., to State of Georgia, dated February 8, 1956, and filed for record, February 13, 1956, recorded in deed book 140, page 388, aforesaid records. (c) J. F. McNair and Mrs. Clyde Kirkland to State of Georgia, dated February 7, 1956, filed for record February 13, 1956, recorded in deed book 140, page 387, aforesaid records. And all that tract or parcel of land lying and being in land lot 53 of the 13th district, Clayton County, Georgia, and being more particularly described as follows: Beginning at the intersection of the northeasterly right of way line of the new four lane expressway (U. S. 19 and 41) with the northerly side of Georgia Avenue (with Georgia Avenue having a right of way of 60 feet); thence northwesterly along the northeasterly right of way line of the new four-lane expressway four hundred ninety four and seven tenths (494.7) feet to the southwest corner of a tract of land now or formerly owned by J. F. McNair; thence easterly along the southerly line of the J. F. McNair property one hundred seventy six (176) feet to the northwest corner of property now or formerly owned by William Ray McNair; thence southerly along the westerly line of the William Ray McNair property four hundred eighty four (484) feet

Page 3080

to the northerly side of Georgia Avenue; thence westerly along the northerly side of Georgia Avenue sixty one and four tenths (61.4) feet to the northeasterly right of way of the new expressway at the point of beginning. Being the same property conveyed by warranty deed from Cawthon-Hollums Properties, Inc., to State of Georgia, dated June 13, 1956, filed for record June 14, 1956, at 10:00 a. m., in the office of the Clerk of the Superior Court of Clayton County, Georgia. And all that tract or parcel of land lying and being in land lot 53 of the 13th District of Clayton County, Georgia, being more particularly described as follows: Beginning at a point on the northerly side of Georgia Avenue (with said street having a width of 60 feet) sixty one and four tenths (61.4) feet east of the northeast intersection of Georgia Avenue and the new fourlane expressway (U. S. Highway 19 and 41), said point of beginning being at the southeast corner of property now or formerly owned by Cawthon-Hollums Properties, Inc.,; thence easterly along the northerly side of Georgia Avenue two hundred and seventy (270) feet to the west line of property now or formerly owned by Abe Goldstein; thence north four hundred eighty four (484) feet to the southeast corner of property now or formerly owned by J. F. McNair; thence westerly along the southerly line of the J. F. McNair property two hundred and seventy (270) feet to the northeast corner of the Cawthon-Hollums Properties, Inc., property; thence south four hundred eighty four (484) feet to Georgia Avenue, at the point of beginning. Being the same property conveyed by warranty deed from William Ray McNair to State of Georgia, dated July 12, 1956, filed for record July 26, 1956, recorded in deed book 147, page 255, in the office of the Superior Court Clerk of Clayton County, Georgia. Paragraph 2. Municipal Authority Over Foregoing Described Property. That all powers and authority of

Page 3081

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 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 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 now in the former city limits is likewise made subject to all the bonds heretofore issued by the City of Forest Park. Paragraph 3. 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 herein 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. Intent. Section 6. 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

Page 3082

jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act. Section 7. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Author's Affidavit. State of Georgia, County of Clayton. Personally appeared before me the undersigned, a notary-public, Rex T. Reeves, author of the Bill to which this affidavit is attached, for, after being duly sworn, says that the notice of intention to ask for local legislation, as required by Article 3, Section 7, paragraph 15, of the Constitution of the State of Georgia, has been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Rex T. Reeves Sworn to and subscribed before me this 2nd day of February, 1959. Merrell Collier Notary Public. (Seal). Publisher's Affidavit. State of Georgia, County of Clayton. Before me, the undersigned, a notary public, this day personally came Johnny C. Kimbrough, who, being first duly sworn, according to law, says that he is the publisher 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 7th

Page 3083

day of January, 1959, and once each week thereafter for four 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, 1959, 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 the several Acts amendatory thereof, and for other purposes. This 20th day of December, 1958. Rex T. Reeves, City Attorney City of Forest Park Johnny C. Kimbrough Sworn to and subscribed before me this 2nd day of February, 1959. Sybil S. Foster Notary Public, Clayton County, Georgia My Commission expires June 4, 1962. (Seal). Approved March 17, 1959. ACT CREATING PENSION SYSTEM FOR OFFICERS AND EMPLOYEES OF CITIES HAVING POPULATION OF OVER 150,000 PERSONS AMENDED. No. 340 (Senate Bill No. 118). An Act to amend an Act approved August 20, 1927, (Ga. L. 1927, p. 265), establishing a pension system for officers and employees of cities having a population

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of more than 150,000 by the United States Census of 1920 or any subsequent census, as amended, so as to provide for the transfer of funds from the pension system of such cities to the pension funds of the State of Georgia or any political subdivision thereof where any employee or officer of such cities shall be appointed or elected to an office or position of the State of Georgia or any political subdivision thereof having its own pension system or systems; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved August 20, 1927, (Ga. L. 1927, p. 265) providing for the establishment of a pension system for officers and employees of cities having a population of more than 150,000 by the United States Census of 1920 or any subsequent census, as amended, is hereby further amended by adding thereto the following provision: Should any officer or employee of such city be elected by the people to hold any office or position with the State of Georgia or any political subdivision thereof which has its own pension system or systems; or should any such officer or employee be appointed, elected or transferred by the State of Georgia, any political subdivision or agency thereof to perform duties or functions on behalf of any political subdivision of the State, having its own pension system or systems, similar to the duties or functions which such officer or employee performed on behalf of said city; such officer or employee so elected, appointed, or transferred, shall be entitled to receive a refund of all amounts deducted from his salary for pension purposes and/or credited to his account on the books of said city's pension fund, together with a like amount in maching funds from the funds held by the Board of Trustees of such pension funds. Provided, however, such refund shall be paid directly to the pension fund of the board or authority covering the office or position to which such employee or officer is elected,

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appointed or transferred and shall not be paid as a cash refund to the officer or employee. Transfer of funds in certain cases. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 17, 1959. BREACH OF PEACE BONDS. Code 76-202 Amended as to Certain Counties. No. 342 (Senate Bill No. 127). An Act to amend section 76-202 of the 1933 Official Code of Georgia, which relates to the Breach of Peace Bond, by adding a proviso at the end of said section, to be applicable only in counties of a population of not less than 150,000 to 300,000. Said proviso being in addition to the remedies provided by law in said section; to repeal all laws or parts of laws in conflict with this amendment 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 same that said code section 76-202 which reads as follows: Section 76-202. (1321 P.C.) Breach of the bond, right of action. Actual violence, or a menace of violence, or any other act intended and calculated to excite alarm, or to provoke a breach of the peace, shall be a violation of such bond; and for every such act the party at whose instance it shall be required shall have a right of action. Be and the same is hereby amended by adding the following: In counties having, according to the last United States Official Census and future Official Census had by the United States Government, a population of

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not less than 150,000 nor more than 300,000 wherein there is located a Municipal Court that upon a complaint, either orally or written by the injured party, the court may in its discretion issue a rule for contempt against the offending defendant and, if upon a hearing of such rule, the court finds that there has been a violation of the bond, the court may in addition to the above named remedy impose a sentence for contempt of court; and, if it should appear to the court from the evidence and the court finds that such a breach of the peace was provoked or brought about by the conduct of the prosecuting witness, such witness may be ruled for contempt of court and sentenced as in such cases as by law made and provided. So that when amended said section shall read as follows: Counties where applicable. Section 76-202. (1321 P.C.) Breach of the bond; right of action. Actual violence, or a menace of violence, or any other act intended and calculated to excite alarm, or to provoke a breach of the peace, shall be a violation of such bond; and for every such act the party at whose instance it shall be required shall have right of action. In counties having, according to the last United States Official Census and future Official Census had by the United States Government, a population of not less than 150,000 nor more than 300,000 wherein there is located a Municipal Court that upon a complaint, either orally or written by the injured party, the court may in its discretion issue a rule for contempt against the offending defendant and, if upon a hearing of such rule, the court finds that there has been a violation of the bond, the court may in addition to the above named remedy impose a sentence for contempt of court; and, if it should appear to the court from the evidence and the court finds that such a breach of the peace was provoked or brought about by the conduct of the prosecuting witness, such witness may be ruled for contempt of court and sentence as in such cases as by law made and provided. Section 2. Be it further enacted that all laws and

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parts of laws in conflict with this Act be and the same are repealed. Approved March 17, 1959. ACTS PROVIDING FOR PENSIONS FOR EMPLOYEES OF CITIES HAVING POPULATION OF OVER 150,000 PERSONS AMENDED. No. 356 (House Bill No. 146). An Act to amend an Act entitled an Act to provide that Cities having a population of more than 150,000 by the United States Census of 1920 or any subsequent census shall furnish pensions to all officers and employees of such cities who have served twenty-five (25) years and for the other purposes set forth in the Act approved August 20, 1927 (Ga. L. 1927, p. 265) and the several Acts amendatory thereof be further amended so as to provide that any member may make application for an earned pension at any time after the termination of his service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same that the Act described in the caption of this Act as amended, be further amended as follows: Section 1. That section 13 of an Act approved March 27, 1941 (Ga. L. 1941, p. 468, et seq.), as amended by section 3 of an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess. p. 2776), which reads as follows: Be it further enacted that whenever any member by reason of his service is eligible for a pension, he may make application therefor within six months after the termination of his service and employment by the city.

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The manner of termination of service shall not impair his right to a pension. be and the same is hereby amended by striking therefrom the words: within six months appearing in the 3rd line of the first sentence of said amendment, and inserting in lieu thereof the words: at any time so that, as amended, said Section, shall read as follows: Be it further enacted that whenever any member by reason of his service is eligible for a pension, he may make application therefor at any time after the termination of his service and employment by the city. The manner of termination of service shall not impair his right to a pension. Application for pension. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 17, 1959. ACT PROVIDING FOR PENSIONS FOR EMPLOYEES OF CITIES HAVING POPULATION OF OVER 150,000 PERSONS AMENDED. No. 357 (House Bill No. 150). An Act to amend an Act entitled an Act to provide that Cities having a population of more than 150,000 by the United States Census of 1920 or any subsequent census shall furnish pensions to all officers and employees of said Cities who have served 25 years; and for other purposes set forth in the Act approved August 20, 1927 (Ga. L. 1927 p. 265) and the several Acts amendatory thereof so as to provide for credit for service in the Armed Forces of the United States in the Korean conflict; and particularly to amend section 2 of an Act approved March 9, 1956 (Ga. L. 1956 p. 3376); and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That section 2 of an Act approved March 9, 1956 (Ga. L. 1956 p. 3376) amended the Act set forth in the caption to this Act be further amended by striking from the fourth line of said section the words: and actually served in Korea so that said section, as amended, shall read as follows: 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. 2267 et seq.), except he shall not be required to make contributions, as provided in sub-section (f) thereof. Section 2. All laws and parts of laws in conflict herewith are herby repealed. Approved March 17, 1959.

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PLUMBERS AND STEAM FITTERSBOARD OF EXAMINERS IN CERTAIN COUNTIES AND CITIES. No. 358 (House Bill No. 165). An Act to amend an Act providing for the examination of master and journeyman plumbers and steam fitters in certain counties and cities, approved March 30, 1937 (Ga. L. 1937, p. 748), as amended, particularly by an Act approved March 20, 1939 (Ga. L. 1939, p. 355) and an Act approved February 12, 1952 (Ga. L. 1952, p. 2383), so as to make said Act applicable in certain additional counties and cities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the examination of master and journeyman plumbers and steam fitters in certain counties and cities, approved March 30, 1937 (Ga. L. 1937, p. 748), as amended, particularly by an Act approved March 20, 1939 (Ga. L. 1939, p. 355) and an Act approved February 12, 1952 (Ga. L. 1952, p. 2383) is amended by striking from section 1 thereof the words and figures 150,000 inhabitants or more by the U. S. census of 1930 and inserting in lieu thereof the words and figures 110,000 inhabitants or more by the U. S. census of 1950, 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 the authority of the same. That in all counties in this State having a population of 110,000 inhabitants or more by the U. S. census of 1950, or any future U. S. census, there shall be created a board of examiners to determine the fitness of master and journeyman plumbers and master and journeyman steam fitters to engage in said vocations, in order to safeguard life, health and property in said counties. Counties where applicable. Section 2. Said Act is further amended by striking

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from section 16 (a) thereof the words and figures 150,000 inhabitants or more by the U. S. Census of 1930 wherever the same shall appear, and inserting in lieu thereof the words and figures 110,000 inhabitants or more by the U. S. Census of 1950, so that said section, as amended hereby, shall read as follows: Section 16 (a). The provisions of this Act shall apply within the limits of all municipalities in this State lying within counties having a population of 110,000 inhabitants or more by the U. S. Census of 1950 or any future Census except that the provisions of this Act shall not apply within the limits of any municipality in this State having a population of 70,000 inhabitants or more by the U. S. Census of 1950 or any future Census. Counties where applicable. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1959. FEES TO LAW ENFORCEMENT OFFICERS FOR ATTENDING COURT IN COUNTIES OF NOT LESS THAN 115,000 OR MORE THAN 200,000 POPULATION. Code 38-1501 Amended as to Certain Counties. No. 359 (House Bill No. 166). An Act to amend section 38-1501 of the Code of Georgia, pertaining to the attendance of witnesses and the fees therefor, so as to provide for the payment of fees to any sheriff, deputy sheriff, or member of any municipal or county police force attending any court having jurisdiction to enforce penal laws of this State or attending any grand jury or juvenile court, in certain counties and in certain cases; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Section 38-1501 of the Code of Georgia, pertaining to the attendance of witnesses and the fees therefor, is hereby amended by adding at the end thereof the following: 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, juvenile court, or grand jury in counties having a population of not less than 115,000 or more than 200,000 according to the United States census of 1950 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 $3.00 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 judge, the solicitor general or the solicitor of the court attended, and the sheriff or chief of police shall certify that the claimant has been paid no additional compensation or given any time off on account of such service, 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 and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1959.

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DEKALB COUNTYRECORDER'S COURT. No. 360 (House Bill No. 181). An Act to create and establish for and in the County of DeKalb a court to be known as the recorder's Court of DeKalb County; to define the jurisdiction of said court; to provide for a judge of said court, and his term, compensation, qualifications and the manner of filling vacancies in said office; to provide for a clerk of said court, his duties, qualifications, term, compensation, and bond; to provide for an acting recorder to act as judge of said court in the absence or disability of the judge thereof; to provide for an oath to be administered to the judge and clerk of said court; to provide the terms and place of holding said court; to authorize, define and limit the power of said court to impose fines, punishment and imprisonment of persons convicted of offenses within the jurisdiction of said court; to provide for punishment for contempt of said court and for escapes by persons serving sentences imposed by said court; to authorize said court to suspend the driver's license of any person convicted in said court of the violation of traffic regulations; to provide the method of reduction and review of sentence imposed by said court; to fix the costs assessable in said court and to provide for the issuance of executions for the collection of fines, costs and forfeitures in said court; to provide for the issuance of summons and subpoenas by said court; to provide for the disposition of fines, costs and forfeitures collected by said court; to prescribe the rights of persons accused in said court; to authorize the making of arrests, the taking of bonds, and cash deposits in lieu of bonds, and for the forfeiture of same; to provide that the judge of said court shall be to all intents and purposes a justice of the peace so far as to authorize him to issue warrants and to commit persons to bail or jail for offenses against the laws of this state; to provide for limitations of prosecutions in said court; to provide for levy and sale under executions issued by said court; to require the Sheriff of DeKalb County to receive and

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take charge of prisoners sentenced by said court to imprisonment in the county jail and to prescribe penalties for his refusal; to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to establish and construct a public works camp or camps, and to issue bonds for such purpose, and to expend public funds for any of the purposes of this Act; to provide for the designation of certain members of the DeKalb County Police Department as ex-officio constables; to empower said Board of Commissioners of Roads and Revenues to adopt all or any portions of the Uniform Act Regulating Traffic On Highways approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, as county ordinances; to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to maintain works gangs in which offenders convicted in said court may be sentenced to serve; to confer upon said court all general powers heretofore or hereafter granted to any other police or recorder's court in this state; to confer upon the Board of Commissioners of Roads and Revenues of DeKalb County authority to pass any and all ordinances, rules and regulations necessary to carry out the provisions of this Act; to provide that the provisions of this Act are severable; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Recorder's Court Created. Pursuant to the amendment to Article VI, Section I of the Constitution of Georgia of 1945 ratified November 4, 1958, (Ga. L. 1958, p. 582), there is hereby created and established for and in the County of DeKalb a recorder's court to be known as the Recorder's Court of DeKalb County. Section 2. Jurisdiction. Said recorder's court shall have jurisdiction to hear and determine cases involving violation of all county ordinances and regulations, including traffic ordinances and regulations, and to try and dispose of all offenses and offenders against any ordinance adopted by the governing authority of said county.

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Said court shall have such other and further jurisdiction as is hereinafter set forth, and as may from time to time hereafter be granted by law. Section 3. Jurisdiction over Uniform Traffic Law. The Board of Commissioners of Roads and Revenues of DeKalb County, Georgia may adopt all or such portions of the Uniform Act Regulating Traffic On Highways approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as now or hereafter amended, as county traffic ordinances, as to said board may seem appropriate as traffic ordinances and regulations for said county, and said recorder's court shall have jurisdiction to try and punish such violations thereof by fines not to exceed those set forth in said Uniform Act Regulating Traffic On Highways or in this Act, and by sentences within the limits stated hereinafter in this Act. This section shall not be construed to prohibit the adoption by said Board of Commissioners of traffic regulations different from or in addition to those contained in said Uniform Act Regulating Traffic On Highways where said board is so authorized by other general or local Act. Section 3-A. Limitations of Prosecution. All prosecutions for violation of any county ordinances or regulations shall be commenced within one year next after commission of the offense, and at no time thereafter, except that such period of limitations shall not run so long as the offender or offense is unknown and shall be suspended during such time as such offender may abscond from said county or absent himself therefrom or so conceal himself that he cannot be arrested or summoned to appear before said court. The arrest or service of summons on any such person charging him with such offense shall be deemed the commencement of prosecution for the purpose of this section. Section 4. Recorder Ex-Officio Justice of the Peace; Warrants; Commitments. The Judge of the Recorder's Court of DeKalb County 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 limits

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of DeKalb County, either with or without a hearing, which warrants shall be directed to the Chief of Police of DeKalb County, any policeman 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 such warrants. Said judge as ex-officio justice of the peace shall have the power and authority to commit to the jail of DeKalb County offenders against the laws of the State of Georgia and in bailable cases to admit them to bail for their appearance at the next term of a court of competent jurisdiction to be held in and for the County of DeKalb. Said judge may issue such warrants and commit or admit to bail such persons, all without regard to whether or not such offense is alleged to have been committed within or without the corporate limits of any municipality within DeKalb County. Section 5. Judge; Election; Term, Vacancies. The judge of said recorder's court shall be elected by the Board of Commissioners of Roads and Revenues of DeKalb County and the first judge so elected shall serve for a term ending December 31, 1961, and until his successor is elected and qualified. All judges elected for terms following the first as hereinabove prescribed shall be elected by said board for terms of two years and until their successors are elected and qualified. All vacancies occurring in such office shall be filled in like manner, for the remainder of the unexpired term. Section 6. Qualifications of Judge. The judge of said recorder's court shall be at least thirty years of age and shall have been a citizen of Georgia for at least five years. In addition, he shall have been admitted to the Bar of this state and shall have had at least three years of experience as a judge, solicitor or assistant solicitor of a city, county, state or municipal court next preceding his appointment or shall have been engaged in the active public or private practice of law for a period of at least three years immediately prior to his appointment. Such person shall further be a citizen and taxpayer of DeKalb County and he shall be ineligible to hold any other public

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office or to engage in the practice of law in any court of this state or of the United States during his term of office. Section 7. Judge's Compensation. The Board of Commissioners of Roads and Revenues of DeKalb County shall fix the compensation of said judge, but the same shall be not less than $8,000.00 per annum. Section 8. Clerk; Duties and Bond. Said Board of Commissioners of Roads and Revenues is further authorized and directed to elect a clerk of said recorder's court, whose duty it shall be to keep a record of all proceedings of said court, to collect all costs, fines and forfeitures, and to remit same within seventy-two hours to the Director of Finance of DeKalb County or such other person as may be designated by the governing authority of DeKalb County, for deposit in the county depository, as general funds of DeKalb County. Said clerk shall further be authorized and empowered to issue summons, subpoenas, rules to forfeit bonds, and such other similar writs as may be by law authorized. Said clerk shall give bond to DeKalb County in the sum of $10,000.00 for the faithful performance of his duties and accounting for all funds coming into his possession by virtue of his office, and to insure the county against loss of any such funds. Said board may elect a sufficient number of deputy clerks as may be needed, who shall give bond in like manner as the clerk. Section 9. Qualification and Term of Clerk. Said clerk and all deputy clerks shall be at least twenty-five years of age, shall have been a resident of the State of Georgia for at least five years, shall be a citizen and taxpayer of DeKalb County and of good moral character. Said clerk and such deputy clerks shall serve at the pleasure of the Board of Commissioners of Roads and Revenues of DeKalb County. Section 10. Clerk's Compensation. The clerk and deputy clerks of said recorder's court shall be paid a

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salary to be fixed by the Board of Commissioners of Roads and Revenues of DeKalb County. Section 11. Oath of Judge and Clerk. The judge and clerk of said recorder's court shall, prior to entry upon their duties, take an oath to faithfully administer and discharge the duties of their respective offices in accordance with the Constitution and laws of the State of Georgia and the ordinances of DeKalb County. Section 12. Terms and Place of Holding Recorder's Court. Said recorder's court shall be held in the county seat and shall be held at such regular or special terms as may be designated by the judge thereof, and to be no less than twice each month, and at such hour or hours of the day or evening as shall be fixed by the judge. Section 13. Acting Recorder. The judge of said recorder's court shall have the authority to designate a practicing attorney having the qualifications herein established for the judge of said court, as acting recorder to serve in his place during his absence or disability, and if the judge of said court should fail to do so after being absent or disabled for a period of seven days or more, the Board of Commissioners of Roads and Revenues of DeKalb County, by majority vote, may designate an acting recorder to serve in his place, the compensation of such acting recorder to be fixed by said board of commissioners of roads and revenues. In the event said recorder absents himself from the duties of his office unjustifiably and for an unreasonable period of time to be adjudged of by the board of commissioners of roads and revenues, said board may in its discretion reduce the compensation payable to said recorder by an amount sufficient to pay the compensation of such acting recorder. Any such acting recorder, while so serving, shall have the same power and authority herein vested in the judge of said recorder's court. Section 14. Fines and Punishment. Upon conviction of violation of any of the ordinances, rules or regulations set forth by the governing authority of DeKalb County,

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the recorder or judge of said court may punish such offender by imposing a fine not in excess of that prescribed by the ordinance or regulation violated and in no event to exceed the sum of one hundred dollars for any single offense, by imprisonment in the county jail for a period not in excess of that prescribed by the ordinance or regulation violated and in no event to exceed thirty days for any single offense, to work in the works gang on the public streets, or on such public works as the county authorities may employ the works gang, not in excess of the time prescribed by the ordinance violated and in no event to exceed thirty days for any single offense, or by any one or more of these punishments in the discretion of the judge of said recorder's court. The Sheriff of DeKalb County shall receive, confine, feed and care for prisoners sentenced by said recorder's court to imprisonment in the county jail in the same manner as persons charged with an indictable offense under general laws of this State and subject to the same penalties for his refusal to receive and take charge of such persons, except that prisoners received under sentence from said recorder's court may be confined separately and apart from other classes of inmates of said jail as the sheriff may, in his discretion, provide and as general laws may require. Section 15. Alternative sentences. Said recorder's court shall have the power and authority to impose fines on persons convicted of any offense within the jurisdiction of said court with the alternative of imposing other punishment allowed by law in case said fines are not paid, and to commit prisoners to the DeKalb County jail or to the public works gang that may be prescribed and maintained by DeKalb County. The Board of Commissioners of Roads and Revenues of DeKalb County shall have power to organize one or more work gangs and confine therein persons who have been sentenced by said recorder's court to work upon the streets or public works of said county, and shall have the power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through the proper officers of said county.

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Section 16. Escapes. Any person sentenced to imprisonment in said jail or to work on said works gang by said recorder's court and who escapes therefrom shall be subject to punishment by said recorder's court equal in degree to all or any part of the sentence under which said person was serving at the time of such escape. Section 17. Sentence; Reduction and Review. The judge of said recorder's court shall have the authority to reduce any sentence or fine imposed by him prior to the payment of said fine and execution of said sentence but shall not have the right to grant a new trial. Review of any final order or judgment of said recorder's court shall be by certiorari to the Superior Court of DeKalb County in the manner prescribed by law for certiorari from justice courts and a supersedeas may be obtained by compliance with the procedure set forth in section 19-214 of the Georgia Code and the giving of bond as provided therein, which bond shall be made to DeKalb County. Section 18. Driver's License Suspension. The Recorder's Court of DeKalb County shall have the authority to suspend the drivers' license of any operator or chauffeur convicted in said court of the violation of any traffic ordinance, resolution, rule or regulation of the county, and shall further have the jurisdiction to punish any operator or chauffeur for operating any motor vehicle after suspension of his license in one or more of the ways prescribed herein for punishment for contempt. Section 19. Contempt. The Judge of said recorder's court shall have the power to punish for contempt by fine not exceeding one hundred dollars, imprisonment in the county jail not exceeding ten days, either or both, or any part thereof, in the discretion of said judge. Section 20. Executions for Fines. Execution may issue immediately, where any fine is imposed by the judge of said recorder's court, to be levied upon the goods, chattels, lands and tenements of the person fined, if the fine is not immediately paid, which execution shall bear

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teste in the name of the judge of said court, be signed by the clerk of said court and be directed to the Chief of Police of DeKalb County, and to all and singular the sheriffs, deputy sheriffs and constables of the State of Georgia. The Chief of Police of DeKalb County and such members of the DeKalb County Police Department as may be appointed in writing by said chief of police, not to exceed five in number, shall be ex-officio constables for the purpose of levy and sale under all executions issued pursuant to this Act, and such executions shall be levied and sales trereunder conducted and proceeds thereof distributed in accordance with the laws governing levy and sale in justice of the peace courts of this State, except that the judge of said recorder's court shall be deemed to be ex-officio justice of the peace in whose court all such levies and sales shall proceed, and said recorder shall be empowered to hear and dispose of all questions and claims arising therefrom, whether the same are made by said chief of police, ex-officio constables, or other officers to whom such executions are directed. Section 21. Costs. In each case of conviction in said recorder's court, the costs assessable shall be two dollars. Costs shall go into the general fund of the county for general county purposes. Defendants unable to pay fines and costs, and compelled in lieu of payment to work on the public works, shall be each required to work two days to cover costs. Section 22. Peace Officers' Annuity and Benefit Fund. All fines and forfeitures collected in said recorder's court shall be subject to assessment in the amount prescribed by law for contribution to the Peace Officers' Annuity and Benefit Fund as in cases tried in municipal courts of this State. Section 23. Rights of Accused. Any person charged with an offense against any ordinance, rule or regulation of said county shall be informed by summons in writing served on him of the nature of the course of his accusation, shall have compulsory process for obtaining

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witnesses in his behalf, shall have a speedy trial before the judge of said recorder's court, shall be confronted with the witnesses against him and have the privilege of cross examination, as in the superior courts of this State; and shall have the privilege of defending himself, by counsel or by himself, or both, as to him shall seem proper. No one shall be fined or punished without full opportunity of being heard in his own defense. Section 24. Issuance of Summons. Upon information known to or complaint lodged with any officer or any member of the police force of DeKalb County, Georgia or the judge or clerk of said recorder's court any person within the limits of DeKalb County charged with the violation of any ordinance, resolution, rule or regulation of said county within the jurisdiction of said court may be brought before the said recorder's court to answer said charge by service upon said person of a summons from said court setting forth the nature of the charge and the time and place of the hearing. Said summons shall be signed by the judge, clerk, patrolman or officer issuing same and a copy thereof shall be served upon the accused either personally or by leaving the copy at his place of residence. Section 25. Issuance of Subpoenas. Said court shall have the authority to compel the attendance before any of its sessions of witnesses within the limits of DeKalb County by service upon such witnesses of a subpoena from said court directed to the witness, stating the time and place of trial and the parties to the case and which shall be served upon said witness either personally or by leaving the copy at his place of residence. Section 26. Punishment for Contempt in Failing to Answer Summons or Subpoena. Said court shall have power to punish as for contempt of court any person failing or refusing to obey any summons or subpoena served upon him as provided in the preceding sections, within the limits hereinbefore prescribed for punishment for contempt. The cause may be continued to such time as the judge may direct and the court shall issue an order

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requiring the chief of police or other member of the police force of DeKalb County to arrest the offender and bring him before the court to answer the contempt and it shall be the duty of such police officer to arrest such person and to keep such person in custody until he is brought before the court unless he gives bond for his appearance at the time appointed for further hearing, as provided by law. Section 27. Facsimile Signature. The name of the clerk of said recorder's court, required on subpoenas and other papers, may be printed or stamped on such papers, which shall be in compliance with law and shall have the same force and effect as if written thereon by the clerk. Section 28. Arrests; Bonds and Forfeiture. When an arrest is made for the violation of any county ordinance, resolution, rule or regulation whether under a warrant or not, the arresting officer shall carry the person arrested before said recorder's court where the same shall be disposed of as other cases of arrest not under warrant. Provided, however, that any arresting officer shall have authority to release any person arrested for violation of any ordinance of said county upon such person giving a bond payable to DeKalb County in an amount and surety to be approved by the Chief of Police of DeKalb County or as directed by the judge of said recorder's court, 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. Upon the failure of the appearance of any person so released under bond to appear for trial at the time named therein, such bond shall be forfeited and a rule shall be issued by the clerk of said recorder's court requiring such person or the surety upon such bond to show cause before said court, at a time not less less than ten days from the date of such rule, why such bond should not be absolutely forfeited. Such rule shall be served by any officer authorized to serve summons and subpoenas of said court upon the surety or sureties on such bond at least

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five days before the return day thereof, and such service may be made personally or by mailing a written notice by registered or certified mail to such person or persons at their last known address. All the return time if no good and sufficient cause is shown, the judge shall proceed to forfeit said bond absolutely, and execution shall issue for the full amount thereof, and all costs, against the principal and surety thereon or such of them as shall have been served. Such executions shall be delivered by the clerk's of the said recorder's court to the Chief of Police of DeKalb County for collection as in cases of executions for fines. Section 29. Cash Deposit in Lieu of Bond. When an arrest is made for the violation of any county ordinance, regulation, rule or resolution the party arrested, at his sole discretion, may deposit with the Chief of Police of DeKalb County a sum of money to insure his appearance in said recorder's court for trial, said deposit to be in lieu of bond and not to be less than ten dollars or more than one hundred dollars; and said party shall be released as if bond had been given. Where such cash deposit has been made in lieu of bond and the person making such deposit shall fail to appear before said court at the time appointed said sum of money shall be forfeited by the owner thereof and paid over by the Chief of Police of DeKalb County to the county depository as general funds of said county, without necessity of any further notice or proceedings. Section 30. Acceptance of Forfeiture in Lieu of Fine. In all cases of forfeiture of bonds or cash deposits in lieu of bond, the judge of the recorder's court shall be authorized, in his discretion, to accept the payment of such forfeitures in lieu of fines, and as final disposition of said charges. If the same is not so accepted, such forfeitures shall not be a bar to further proceedings against such offenders for the violations charged. Section 31. General Powers of Court. Said recorder's court is hereby granted all general powers heretofore or hereafter granted by any Act of the General Assembly of

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Georgia to any police or recorder's court in this State, municipal or otherwise. Section 32. General Powers of Board; Establishment of Works Camps. The Board of Commissioners of Roads and Revenues of DeKalb County shall have the full power and authority to pass any and all ordinances, rules and regulations necessary and proper to carry out the provisions of this Act and to expend any public funds for such purposes, including but not limited to, the establishment and construction of a public works camp or camps for the housing, care and feeding of prisoners sentenced by said court to service on the public works gang and for such purposes may issue bonds on the same terms and in the same manner as bonds are issued for other lawful county purposes. Section 33. Severability Clause. Should any section or part of a section of this Act be declared to be unconstitutional or invalid for any reason, the same shall not affect the remainder of this Act or any part thereof other than the part so held to be invalid. Section 34. Conflicting Laws Repealed. All laws and parts of laws in conflict with this Act are hereby repealed. Section 35. Publication of Notice. Notice of intention to apply for the passage of this local Bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly as required by law. Attached hereto and made a part of this Bill is a copy of said notice, accompanied by an affidavit of the authors to the effect that said notice has been published as provided by law. Affidavit. Georgia, DeKalb County. Personally appeared before me, the undersigned attesting

Page 3106

officer authorized to administer oaths, James A. Mackay, Guy W. Rutland, Jr., and W. Hugh McWhorter, who on oath depose and say that they are representatives from DeKalk County, Georgia and authors of the attached Bill and that the following copy of notice of intention to introduce local legislation was published in the DeKalb New Era, which is the official organ of DeKalb County, Georgia, on the following days: January 1, 1959, January 8, 1959 and January 15, 1959. Notice is hereby given that there will be introduced at the January, 1959, session of the General Assembly of Georgia, a Bill to amend an Act approved March 8, 1956 (Ga. L. 1956, p. 3237), creating a chairman and Board of Commissioners of Roads and Revenues for DeKalb County, Georgia, so as to redefine the commissioner districts therein created; to provide a new method of filling vacancies in said offices; to empower said board to adopt ordinances for the governing and policing of said county; to provide penalties for violation thereof, to authorize the licensing and regulation of businesses and the levying of license taxes, and to establish and create a county recorder's court, all in accordance with the Amendment to Section I of Article VI of the Constitution ratified November 4, 1958 (Ga. L. 1958, p. 582), to repeal conflicting laws; and for other purposes. This 29th day of December, 1958. /s/ W. Hugh McWhorter /s/ James A. Mackay /s/ Guy W. Rutland, Jr. Representatives, DeKalb County. Sworn to and subscribed before me this 26th day of January, 1959. /s/ Ann Hardy Notary Public, DeKalb County, Georgia My Commission Expires July 26, 1961 (Seal). Approved March 17, 1959.

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SUPPLEMENTAL COMPENSATION FOR SHERIFFS OF CERTAIN COUNTIES. No. 361 (House Bill No. 202). An Act to supplement the compensation of the sheriff in all counties in this State having a population of not less than 11,710 and not more than 11,895 according to the 1950 United States Census, or any future such census, as an allowance for gasoline; 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 11,710 and not more than 11,895 according to the 1950 United States Census, or any future such census, it shall be the duty of the governing authority to supplement the compensation of the sheriff in the amount of fifty ($50.00) dollars per month from county funds as an allowance for gasoline. Where applicable, amount. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1959. SALARY OF ASSISTANT TREASURERS IN COUNTIES OF NOT LESS THAN 100,000 AND NOT MORE THAN 110,000 POPULATION. No. 365 (House Bill No. 219). An Act to amend an Act entitled An Act to change from the fee to the salary system in certain counties in Georgia having a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants under the 1950 United States census or any subsequent census, the clerk of the superior court (whether he be

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clerk of the superior court or ex officio clerk of another court or courts); the sheriff, the ordinary, the tax collector, the tax receiver, the treasurer; to make provisions regulating the carrying out of such charges; to regulate the collection and disposition of costs; to provide for deputies, clerks, and assistants to such officers; to provide for the payment of salaries and compensation of county officers, deputies, clerks, assistants and county attorneys in such counties; to provide for the furnishing the sheriffs in such counties with automobiles necessary for carrying on the work of his office and for the operation, upkeep and repair of the same; to provide for the necessary office expense of such officers and employees to provide that no county official, deputy, assistant or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any extra compensation, not provided by existing law except as to legitimate expenses duly authorized by such board; to authorize the transfer of any deputy, clerk, assistant or stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for the payment of county officers; deputies, clerks, and assistants and the county treasurer and the county attorney by the treasurer of such county; and for the disbursement thereof by the sheriff, clerk, ordinary, tax collector and tax receiver as to their respective offices; to abolish county police in such counties, except as shall be done through the sheriff's office in such counties; to fix the compensation of the members of the board of Roads and revenues of such counties; to fix the salary of the county attorney of such counties and to denominate the county attorney as an employee of such counties within the provisions of any laws dealing with employees; to repeal conflicting laws or parts of laws; and for other purposes, approved March 11, 1953 (Ga. L. 1953, p. 3213), and amended by Georgia laws 1956 page 2256, so as to strike therefrom section 10 thereof and to provide in lieu thereof; that the treasurer in all such counties shall be entitled to one assistant treasurer

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who shall be paid a salary not to exceed $375.00 per month, who shall be named by the treasurer of such county and shall serve at the will of the treasurer and be discharged by the treasurer of such county, without any claims for any unearned salary or salaries; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled an Act to change from the fee to the salary system in certain counties in Georgia having a population of not less than 100,000 inhabitants, nor more than 110,000 inhabitants under the 1950 United States census or any subsequent census, approved March 11, 1953 (Ga. L. 1953, p. 3213), and amended by Georgia laws 1956 page 2256, be, and the same is hereby amended by striking section 10 and adding a new paragraph as follows: Section 10. And that the said county treasurer shall be entitled to employ one assistant treasurer who shall be paid a salary of not more than $375.00 per month, and said assistant treasurer shall be named by the county treasurer of all such counties and shall serve at the will of the said county treasurer and be discharged by such treasurer without any claim for any unearned salary or salaries. Assistant treasurer. Section 2. This Act shall be construed as fixing said salary as of January 1, 1959. Effective date. Section 3. Be it further enacted that all laws and parts of laws in conflict with this amendment be, and the same are hereby repealed. Approved March 17, 1959.

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CITY OF COMMERCEHOURS OF HOLDING ELECTIONS. No. 366 (House Bill No. 567). An Act to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, so as to change the time of holding elections in 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 Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, is amended by striking from section 42 thereof the figure 9 and inserting in lieu thereof the figure 7, and by striking the figure 4 and inserting the figure 7, and by striking the words sun time and inserting in lieu thereof the words Eastern Standard time, so that said section, as amended hereby, shall read as follows: Section 42. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the polls of said elections shall be opened from 7 o'clock a.m. till 7 p.m., Eastern Standard time when they shall be closed and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the same. They shall keep two lists of voters and two tally sheets and shall make certificates of the result on each tally sheet and shall place one of said tally sheets and one list of voters, together with the ballots in an envelope or box, sealed up, with the clerk of said city. The other list of voters shall be kept by the managers in some safe and secure place for the inspection of the mayor and council and others interested. The clerk of said city council shall declare the result of said election within five days after said election is held and give to those elected a certificate showing the same. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Georgia, Jackson County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Williams, who, on oath, deposes and says that he is publisher of The Jackson Herald, and that the attached copy of notice of intention to introduce legislation was published on three separate occasions, in The Jackson Herald, the official organ of Jackson County. /s/ Tom Williams, Publisher, The Jackson Herald. Sworn to and subscribed before me this 16th day of February, 1959. /s/ Wallace E. Nelson Notary Public, Georgia, State at Large My Commission Expires March 5, 1960. (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, 1959, an Act to amend, consolidate and supercede the Act incorporating the City of Commerce, in Jackson County, Georgia, and all amendments thereto, and to create a new charter for said municipality; to repeal the Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), and all amendments thereto, and to create a new charter for said municipality, created as the City of Commerce, in Jackson County, Georgia, to provide for a municipal government, to define the territorial limits of said City of Commerce to be the same as now exist for the City of Commerce 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.

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This January 12, 1959. /s/ W. D. Bolton, Mayor. /s/ A. S. Johnston, /s/ C. N. Threatt, /s/ Claudie Waters, /s/ A. A. Rogers, Jr., /s/ Horace Prickett, /s/ Irven M. Tate, Councilmen, City of Commerce. (The above notice is being published to accommodate the introduction in this session of the General Assembly of an Act for the above-noted purpose in the event the majority of the voters in the election on January 28, 1959 should approve the same). Approved March 17, 1959. ACT CREATING JOINT CITY-COUNTY BOARD OF TAX ASSESSORS IN CERTAIN COUNTIES AMENDED. No. 376 (House Bill No. 322). An Act to amend the Act creating the Joint City-County Board of Tax Assessors in all counties having within its border all or the greater part of the population of 300,000 or more according to the 1950 United States Census or any future United States Census so as to authorize said Board of Tax Assessors to correct errors in the assessment of property for taxation and in the assessment of tax deficiencies as provided by law, to regulate the assessment of deficiencies, 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 follows: Where applicable.

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Section 1. It shall be the duty of the board to take whatever action is appropriate and necessary to equalize assessments placed upon property and the tax resulting thereon. In the performance of this duty the said board shall have the power to reduce property assessments when it is necessary in connection with the equalization of taxes. When they find upon investigation that any property has been assessed in excess of its fair value or that the taxpayer has been assessed taxes in excess of taxes due on such fair value, they shall enter same on the minutes of the board. Powers. Section 2. Upon a determination made by the board that a taxpayer has returned his property at an amount in excess of its fair market value or has been assessed taxes in excess of the amount due, the Secretary shall certify such finding to the governmental authorities of the county or the city and to the tax collector by whatever name called. Whereupon it shall be the duty of such tax collector to give appropriate credit for the adjustment on his records and if the taxes have been paid, it shall be the duty of the governing authority of such city or county to refund to the taxpayer such amounts as may be certitfied by the secretary of said board. Same. Section 2. The action of the board in connection with the authorities conveyed in the two preceding paragraphs shall be considered discretionary and shall not vest any rights to such adjustments and refunds. Same. Section 4. Such adjustments as may be made by the board shall relate to taxes for the current year and shall not create any obligation on the part of the county or the city to refund taxes for preceding taxable years. Intent. Section 5. 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.

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Section 6. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 17, 1959. ACT PROVIDING FOR PENSION FUNDS FOR EMPLOYEES OF CITIES OF 150,000 POPULATION OR MORE AMENDED. No. 383 (House Bill No. 383). An Act to amend an Act approved August 20, 1927 (Ga. L. 1927, p. 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 said cities, and for other purposes, as amended, so as to provide that any officer or employee who was a member of such pension fund and severed his connection with the city and withdrew the amount of money paid into the pension fund and subsequently reenters the employ of the city, may receive credit for his previous service under the conditions herein provided, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. That the Act approved August 20, 1927 (Ga. L. 1927, p. 265, et seq.), described in the caption hereof, as amended, be further amended by adding thereto the following provision: Any officer or employee who was at any time a member of this pension fund and severed his connection with the city and withdrew the amount of money he paid into said fund, and who has reentered or may hereafter re-enter the service of the City and desires to receive credit for the time of service represented by the payment previously

Page 3115

made to such fund and which was withdrawn, may at any time receive credit for such previous service by paying back into the pension fund the full amount so withdrawn on leaving the employment of the city, together with four per cent (4%) per annum simple interest thereon from the date of such withdrawal to the date of repayment. Such persons shall be given the privilege or repaying such amount in not more than fifty (50) equal monthly payments. Credit for prior service. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1959. CITY OF HAPEVILLECHARTER AMENDED. No. 384 (House Bill No. 387). An Act to amend an Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several Acts amendatory thereof, so as to extend the City Limits of said City of Hapeville; to provide for compensation for members of the governing body; to provide circumstances under which a member of the governing body may contract with the city; to repeal the charter provisions prohibiting the sale of malt beverages or intoxicating liquors; to provide for appeal from judicial decisions in recorder's court; to provide for subpoena power for the governing body; to provide for bond election in the city; to provide for a personnel board of appeals; to clarify certain portions of the Hapeville Merit System; to provide that past due water bills may be declared liens upon real property; to provide for the employment of a city manager or administrative assistant to mayor and council; to provide for the clearing and rendering safe of unsafe or hazardous vacant property in the city; to provide for an official organ or gazette for the city; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it hereby is enacted by authority of the same that the Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several Acts amendatory thereof be and the same hereby are amended as follows: Section 250. That section 15 of said Act of the General Assembly of Georgia of 1891, be and the same hereby is amended by changing the word changed to the word reduced, so that said section as amended shall read as follows: Section 15. Each councilman shall have such compensation for his services as shall have been fixed by the mayor and council before his term of office begins, which shall not be reduced while he continues in office. Salary of mayor and council. Section 251. Be it further enacted that section 19 of said Act of the General Assembly of 1891, be and the same hereby is amended by striking said section 19 in its entirety and substituting in lieu thereof the following: Section 19. It shall not be lawful for the mayor or any member of the council to be interested, either directly or indirectly, in a contract with the city on any public work or improvement, or in furnishing supplies of any kind on any public work or improvement, or in furnishing supplies of any kind for the use of said city, or in any transaction in any way involving the expenditure of money of the city, except as may be approved in advance by the unanimous consent of the other members of the mayor and council. Mayor and council. Section 252. Be it further enacted that section 42 of the said Act of the General Assembly of Georgia of 1891, be and it hereby is, amended by striking the said section in its entirety which prohibits the manufacture or sale of any malt or intoxicating liquors of any kind in the said city, since this provision as such has been superseded

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by other laws of the State of Georgia, city ordinances and resolutions passed and adopted pursuant thereto. Prior Act repealed. Section 253. Be it further enacted that section 11 of said original charter adopted pursuant to an Act of the General Assembly in 1891, and as subsequently amended, have deleted therefrom any provisions which authorize an appeal from the mayor's court or the recorder's court, as it is now called, to mayor and council, since appeal by certiorari is now established as the proper means for appealing such judicial decisions. Same. Section 254. Be it further enacted that the said charter of the City of Hapeville as enacted by the General Assembly in 1891, and subsequently amended be and the same hereby is further amended by striking sections 12 and 13 of said original charter in their entirety since in said sections provision is made for the mayor and city councilmen to be ex officio justices of the peace. Same. Section 255. Be it further enacted that section 36 of the said charter of the City of Hapeville as enacted by the General Assembly in 1891, and subsequently amended be and the same hereby is further amended by incorporating therein the right of mayor and council to have full power and authority to compel the attendance of parties and witnesses at meetings of all administrative boards of the said City of Hapeville and to punish violators for contempt as provided elsewhere in this Charter and the laws of the State of Georgia, so that said section 36 as amended shall read as follows: Section 36. The mayor and council shall have full power and authority to compel the attendance of parties and witnesses at the recorder's court, at any meeting of the mayor and council, meetings of the zoning commission, the zoning board of appeals, the personnel board, the pension board, and any and all other duly constituted administrative boards of the said city, and for this purpose may take such bonds and may collect such securities as they may require, and to forfeit and collect bonds

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by judgment, execution and sale, the same as the superior courts of this State, and shall provide for the same by ordinance, and further that the said mayor and council shall have the power and authority to punish for contempt any witnesses who fail to appear in obedience to properly issued subpoenas and/or summons as provided herein, by a fine of not more than $200.00, or thirty (30) days in the city jail, or both. Subpoena power. Section 255. Be it further enacted, that the said charter of the City of Hapeville as enacted by the General Assembly in 1891, as amended by act of the General Assembly approved August 5, 1912, and designated as section 57, which amends section 23 of the original charter of 1891, to provide that a bond issue of the city may be held at such time and for such purposes as the mayor and council may determine, and that it shall be approved and adopted by a majority of those voting in said election. That said section 57, when amended shall read as follows: Section 57. The mayor and council shall have the power to issue bonds or otherwise contract any debt of said city not to exceed the constitutional limitations, to supply water, sewage, gas, or other methods of supplying light for the city and for the people thereof, for garbage disposal, and for any other purposes the mayor and council shall deem to be in the best interests of the city and which shall constitute an improvement to the city; but none of these measures shall be undertaken without first submitting the same to the voters of the city and obtaining the consent of a majority of those voting at an election to held for such purposes, said election to be called at any time after at least thirty (30) days notice to the voters by advertisement in the official gazette of the city and by posting said notice conspicuously on the front or in the lobby of the city hall at least three (3) weeks before said election is to be held, and which shall otherwise be held in accordance with existing applicable laws governing elections in the City of Hapeville. Utilities.

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Section 256. Be it further enacted, that an amendment to the original charter of the City of Hapeville, which was approved and adopted in 1951, and known as the Hapeville Merit System Act be amended as follows: By striking so much of section 5, subparagraph (4) thereof of which authorizes an employee to appeal to mayor and council an adverse decision rendered by the personnel board so that the said section as amended shall read as follows: Section 5 (4). Hear appeal of any officer or employee in the classified service who is suspended (except disciplinary suspension of one to ten days), reduced in pay or position, or who has been given written notice of suspension which, unless an appeal is prosecuted and sustained, shall result in his separation from the service. Decisions rendered at the conclusion of such appeal hearings shall be binding upon the officer or employee and upon the city, except that any officer or employee dissatisfied with the decision of the personnel board may appeal to the personnel board of appeals for a hearing as herein provided which board of appeals shall have the power to reverse the findings of the personnel board if the evidence heard, in unanimous opinion of said board of appeals so warrants. The decision of the personnel board of appeals shall be final and binding upon the city and upon the employee, and no appeal shall lie from its decision. Personnel board of appeals. Section 257. Be it further enacted that the said City of Hapeville Merit System Act of 1951 be and it hereby is further amended by adding thereto a sub-section known as section 5A. which shall be entitled the personnel board of appeals, and which shall provide as follows: 5A. The Personnel Board of Appeals. There shall be a personnel board of appeals, consisting of three (3) citizens of the city who are not members of the governing body of the said city and who shall be appointed

Page 3120

by the mayor, subject to the approval of a majority of the members of council initially to serve terms of two (2), four (4) and six (6) years respectively, and thereafter as the term of each member expires a new member or the same member shall be appointed in the same manner as herein provided to serve a term of six (6) years. Vacancies or an unexpired term shall be filled by the mayor, with the consent and approval of a majority of members of council, by appointment for the remainder of the term. A member of the board may be removed only for cause and after being given a written statement of the charges against him, and a public hearing thereon, if he so requests. A certified copy of the charges shall be filed with the city clerk, and such board member may be relieved from his appointment only by vote of two-thirds of the members of mayor and council, the mayor in this case having a vote equal to a councilman. After the three persons are appointed and have taken the oath of their office, they shall elect from among their number a chairman who shall hold office for one (1) year from that date or until his successor is elected, whichever occurs last. Section 258. Be it further enacted that the said Hapeville Merit System Act of 1951 be further amended by adding to section 6 (a) thereof the following provision: ... and except those positions which are appointed by mayor and council at the beginning of each year for a one year term such as the city clerk, the city engineer, the police chief, fire chief, the sanitary engineer, the recreation director, and all other positions now or hereafter created which would designate such officials as department heads, so that said section as amended shall read as follows: Section 6. Classified and Unclassified Service. (a) The classified service shall comprise all positions now existing or hereafter created in the city service except those positions placed in the unclassified services, and except those positions which are appointed by mayor and council at the beginning of each year for one year term such as the city clerk, the city engineer, the police

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chief, fire chief, the sanitary engineer, the recreation director and any and all other positions now or hereafter created which would designate them as department heads. Section 259. Be it further enacted that the said Hapeville Merit System Act of 1951, be further amended by prefacing the first sentence in section 3 (b) (8) with the words, when requested by mayor and council..., and by striking the remaining provisions of said subsection so that the said sub-section as amended shall read as follows: Merit System Act amended. Section 3 (b) (8). When requested by mayor and council, certify all payrolls for persons in the classified service. Section 260. Be it further enacted that the said charter of the City of Hapeville as enacted by the General Assembly of 1891, and subsequently amended be further amended by providing as follows: That any water bill due the City of Hapeville for more than thirty (30) days beyond the final date payment may be made without penalty on rental property or sixty (60) days beyond such date on owner occupied property may by proper resolution or ordinance of mayor and council, be declared a lien on the real estate served by the water meter through which passed the water unpaid for as provided herein, and such liens shall be entered in a special docket maintained in the office of the city clerk for that purpose; and further that such liens may be executed, levied upon, and satisfied the same as otherwise provided in this charter for executing liens for delinquent taxes, street and sewage assessments, and shall bear interest at the rate of 7% per annum on the unpaid balance from the date of entry in said lien docket until and through the date of payment or until such lien is otherwise satisfied as prescribed by law. Liens for water bill. Sectio 261. Be it further enacted that the said charter of the City of Hapeville as enacted by the General

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Assembly of 1891 and subsequently amended, be further amended by providing as follows: That at such time as they in their discretion shall see fit, the mayor and council of the City of Hapeville may by proper ordinance and/or resolution provide for the employment of and employ an administrative assistant or a city manager who shall perform such duties and services as may from time to time be prescribed by the mayor and council and for such remuneration as the said mayor and council may authorize; and that the revenue of the city from sources otherwise provided in this charter may be expended for purposes of paying such salary and expenses as the mayor and council may provide for said city manager or administrative assistant. City manager. Section 262. Be it further enacted that the said charter of the City of Hapeville as enacted by the General Assembly of 1891 and subsequently amended be further amended by deleting any reference in said charter, as heretofore amended, to the official organ, newspaper, or gazette of the City of Hapeville, and in lieu thereof to empower the mayor and council of the said city to designate by resolution or other appropriate act any newspaper having general circulation in the area of the City of Hapeville as the official organ, newspaper or gazette of the said city in which all advertising matter affecting the city including any of its duly constituted boards and commissions, shall be placed. Official organ. Section 263. Be it further enacted that the said charter of the City of Hapeville as enacted by the General Assembly of 1891 and subsequently amended be further amended by providing that the mayor and council of the City of Hapeville shall have the authority and power, in the interest of health, sanitation, the public safety and welfare, to provide for the clearing, cleaning off and making and keeping sanitary and/or free from fire or other hazards, any and all real property, either vacant improved, with the corporate limits of the City of Hapeville; to provide for the removal from such property all debris, grass, weeds or other growth, or other unsanitary or combustible matter or materials; to provide for the

Page 3123

height and trimming of hedges, shrubbery and other growth; to fix and to impose penalties upon owner and occupants of property in respect of such requirements; to provide for the performance of such services by the city and for the assessment and collection of charges therefor; for the creation and assessment of liens against property and the owners and occupants thereof so served and for the collection and enforcement of such liens the same as assessments for taxes, paving of streets and sidewalks, and other liens of the city are now executed and enforced; and further that the said mayor and council of the City of Hapeville be and they hereby are authorized and empowered to adopt such ordinances and/or resolutions and/or other acts of a like nature to enforce this provision of the city charter. Sanitation. Section 264. Be it further enacted that if any provision of this act or any rule, regulation, or order thereunder or application of such provision to any person or circumstances be held invalid, the remainder of this law and the application of provisions of this law or such rule, regulation, or order to person or circumstances of and those as to which it is held invalid shall not be affected thereby. Intent. Section 265. Unless otherwise provided specifically herein, this act incorporating these amendments to the charter of the City of Hapeville, Georgia, shall become effective immediately upon its being signed by the Governor of the State of Georgia. Effective date. 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

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in said paper on the 18, 25, days of December, 1958, and on the 1, 8, 15, 22, 29 days of January, 1959 as provided by law. Notice of Intention to Introduce Local Legislation. Georgia, Fulton County Notice is hereby given that the City of Hapeville, Georgia will apply to the session of the General Assembly of Georgia, convening in January, 1959, to amend an act approved September 16, 1891 entitled An Act to Incorporate City of Hapeville, Georgia, and for other purposes, and several acts amendatory thereto. This day of December, 1958. /s/ Robert B. McCord, Jr. City Attorney of the City of Hapeville, Georgia /s/ Frank Kempton Sworn to and subscribed before me this 2nd day of January, 1959. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 18, 1959 (Seal). Approved March 17, 1959. ACT CREATING TRAFFIC COURTS IN CITIES HAVING POPULATION OF 300,000 OR MORE PERSONS AMENDED. No. 394 (House Bill No. 432). 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

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or by any future Federal census (Ga. L. 1955, pp. 2318 et seq.), so as to fix the compensation of assistant solicitors, clerks and other administrative officers of such courts; 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 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: Section 1. That section 18 of said Act be amended by striking therefrom the following words, and the assistant solicitors shall receive such salary as shall be fixed by the governing authorities of such city, and by substituting in lieu thereof the following phrase, and the assistant solicitors shall receive a salary of $7,200 per annum payable monthly or semi-monthly so that said section 18 as amended shall read as follows: 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 applicable 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 a salary of $7,200 per annum payable monthly or semimonthly. 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 (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

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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. Salary of assistant solicitors. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1959. CITY OF COVINGTONCOMPTROLLER. No. 395 (House Bill No. 569). An Act to amend an Act creating a new charter for the City of Covington, approved August 16, 1918 (Ga. L. 1918, p. 630), as amended, so as to provide for the office of comptroller; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Covington, approved August 16, 1918 (Ga. L. 1918, p. 630), as amended, is hereby amended by adding in section 7, before the word clerk, the word comptroller, so that when so amended, section 7 shall read as follows: Section 7. Be it further enacted, that said mayor and council at their first meeting in January of each year, or as soon thereafter as practicable, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect, to-wit: A comptroller, a clerk, a treasurer, a tax collector, a tax receiver, a chief of police and as many other regular policemen as the city council may deem proper to elect, a recorder, a city physician, a city attorney, a superintendent of lights,

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waterworks and sewerage, a street superintendent and such other officers as the mayor and council of the City of Covington may see fit to elect, and the said mayor and council of the City of Covington may prescribe by ordinance such officers as they may deem necessary for the best interest of the city, and shall by ordinance prescribe duties, fix the bonds and fix the compensation of all the city officers elected by their body, each of the said officers before entering upon the discharge of their duties shall give bond and take and subscribe an oath to discharge the duties of the office to which he has been elected. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that a bill will be introduced at this session of the General Assembly to amend section 7 of the Charter of the City of Covington, Georgia Laws 1918 to provide for the office of Comptroller, and for other purposes. This Jan. 12, 1959. W. D. Ballard, County Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard, who, on oath, deposes and says that he is representative from Newton County, and that the attached copy of notice of intention to introduce local legislation was published in the Covington News, which is the official organ of said county, on the following dates: January 15, January 22, and January 29, 1959. W. D. Ballard Representative, Newton County
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Sworn to and subscribed before me this 16th day of February, 1959. Robert L. Scoggin Notary Public, Floyd County, Ga. Approved March 17, 1959. CITY COURT OF SAVANNAHJUDGE'S SALARY. No. 401 (House Bill No. 519). An Act to amend an Act creating the City Court of Savannah and the amendatory and supplementary Acts relating to the establishing, fixing, and creating the minimum salary of the Judge of the City Court of Savannah, as particularly amended by an Act approved February 9, 1949, (Ga. L. 1949, p. 403), and an Act approved February 5, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 2178), so as to provide minimum compensation for the Judge of the City Court of Savannah; 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 Savannah and the amendatory and supplementary Acts relating to the establishing, fixing, and creating the minimum salary of the Judge of the City Court of Savannah, as particularly amended by an Act approved February 9, 1949, (Ga. L. 1949, p. 403), and an Act approved February 5, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 2178), is hereby amended by striking from section 1 of the amendatory Act of 1953 the figure 10,000 and inserting in lieu thereof the figure 12,500, so that section 1 of the amendatory Act of 1953 as 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 the authority of same, that from and after the passage of

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this Act the salary of the Judge of the City Court of Savannah shall be 12,500 per year. Section 2. 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, Robbie Miller, 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 is hereby given that there will be introduced at the regular January-February, 1959, session of the General Assembly of Georgia, a special local bill to fix the salary of the Judge of the City Court of Savannah at a minimum of Fifteen Thousand Dollars yearly and to provide the method of payment of same and for other purposes. Savannah Bar Association By: James W. Head, Secretary has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of Jan. 16, 23, 30, 1959. Robbie Miller Sworn to and subscribed before me this 30th day of January, 1959. Miriam E. Kassel Notary Public, Chatham County, Ga. My Commission expires Sept. 10, 1962. (Seal). Approved March 17, 1959.

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CITY OF LAWRENCEVILLECORPORATE LIMITS. No. 402 (House Bill No. 526). An Act to amend the Act of the General Assembly of Georgia, approved August 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, and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this Act that section 3 of the Act of the General Assembly of Georgia, approved August 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: All that tract or parcel of land lying and being in the 5th land district of Gwinnett County, Georgia adjacent to the north 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 Lawrenceville-Buford paved highway and running thence along the center line of said highway in a northerly direction 315 feet to a point adjacent to the lands of Will Townley; thence in an easterly direction along the lands of Townley 500 feet, more or less, to the northeast corner of the lands of Hope Russell; thence in a southerly direction along the lands of Hope Russell 315 feet, more or less, to the present city limits of the City of Lawrenceville, Georgia; thence in a westerly direction along said present city limits to the point of beginning.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notices of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. 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 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: January 22, 1959; January 29, 1959; and February 5, 1959. P. M. Christian, Editor Sworn to and subscribed before me this the 7th day of February, 1959. R. F. Duncan Notary Public, Gwinnett County, Ga. Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the 1959 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 territory, to wit: All that tract or parcel of land lying and being in the 5th land district of Gwinnett County, Georgia adjacent

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to the north 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 interesects the Lawrenceville-Buford paved highway and running thence along the center line of said highway in a northerly direction 315 feet to a point adjacent to the lands of Will Townley; thence in an easterly direction along the lands of Townley 500 feet, more or less, to the northeast corner of the lands of Hope Russell; thence in a southernly direction along the lands of Hope Russell 315 feet, more or less, to the present city limits of the City of Lawrenceville, Georgia; thence in a westerly direction along said present city limits to the point of beginning. W. Grady Holt, Mayor City of Lawrenceville, Ga. Approved March 17, 1959. COMPENSATION OF MEMBERS OF BOARDS OF EDUCATION OF COUNTIES HAVING POPULATION OF NOT LESS THAN 130,000 AND NOT MORE THAN 140,000 PERSONS. Code 32-904 Amended. No. 403 (House Bill No. 539). An Act to amend section 32-904 of the Code of Georgia, relating to the compensation of the members of the county boards of education, so as to increase such compensation in all counties of this State having a population of not more than 140,000 and not less than 130,000 by the last census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows:

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Section 1. Section 32-904 of the Code of Georgia, relating to the compensation of the members of the county boards of education, is hereby amended so that in all counties having a population by the last census of not more than 140,000 and not less than 130,000, the compensation of the members of the boards of education in all such counties shall be $50.00 per month to be paid out of the school fund appropriated to the county. Section 2. 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 15, January 22, and January 29, 1959. Notice of Proposed Legislation. Notice is hereby given that the undersigned intend to introduce legislation at the 1959 session of the General Assembly of Georgia to change the compensation of the members of the DeKalb County Board of Education. This January 13, 1959. Hugh McWhorter James A. Mackay Guy Rutland, Jr. The DeKalb New Era W. H. McWhorter, Managing-Editor
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Sworn to and subscribed before me this 10 day of February, 1959. Joseph H. Baird Notary Public, DeKalb County, Georgia. My Commission expires Dec. 18, 1962. (Seal). Approved March 17, 1959. CITY OF ROSSVILLECORPORATE LIMITS. No. 404 (House Bill No. 546). 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 the following described properties be, and the same are, hereby annexed to the City Limits of Rossville, Georgia: Tract No. One: Part of original land lot no twenty eight (28) in the ninth (9th) district and fourth (4th) section of Walker County, Georgia, and more particularly described as follows: Beginning at a point in the center line of Bronson Street, which point is south 6 degrees west, a distance of 157.4 feet from the intersection of the center line of Bronson Street (said center line of Bronson Street being the existing eastern corporate limit line of the City of Rossville, Georgia) and the south line of Hickory Street; thence south 6 degrees west, along and with the existing corporate limit line of the City of Rossville, Georgia, which is also the center line of Bronson Street, a distance of 850 feet, more or less, to a point on the north line of T. F. McFarland's second addition to Rossville, Georgia, which point is a

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distance of 1,120 feet from the intersection of the north line of T. F. McFarland's second addition to Rossville, Georgia, with the east line of the Central of Georgia Railway right-of-way; thence due east, along and with the north line of said T. F. McFarland's second addition to Rossville, Georgia, a distance of 970 feet to a point on the east side of Leinbach Road; thence along and with the east line of Leinbach Road, the following courses and distances: north 13 degrees east, 157 feet; north 15 degrees 30 minutes west, 250 feet; north 1 degree 40 minutes west, 451 feet to a corner; thence running due west, crossing a 100 foot easement of the Georgia Power Company at a distance of 77 feet, a distance of 794 feet to the point of beginning, all as shown by plat of C. V. Fox property prepared by M. W. Tatum March 1947. Subject, however, to an easement 100 feet in width held by the Georgia Power Company, which traverses the above described tract or land on the eastern side thereof, which easement runs in a general northerly and southerly direction. Tract No. Two: Part of the property known and designated as Mission Heights Development Company subdivision, located in original land lots nos. nine (9), ten (10), twenty-seven (27), and twenty-eight (28), in the ninth (9th) district and fourth (4th) section of Walker County, Georgia, which property is more particularly described and shown on the plat of said property, which plat is known and described as Proposed Plan No. 2, First Unit, Mission Heights Development Company, Rossville, Walker County, Georgia, prepared June 3, 1953, by Betts Engineering Company, a copy of which plat is of record in the Office of the Clerk of the Superior Court of Walker County, Georgia. Tract No. Three: Lots numbered twenty-one (21) to thirty (30), and lots numbered fifty-seven (57) to sixtyfour (64), both inclusive, of Peerless sub-division tract no. one (1), as shown by plat prepared by A. Formis, Registered Engineer, recorded in plat book 1, page 13, in the Office of the Clerk of the Superior Court of Walker

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County, Georgia, and being more particularly described by metes and bounds as follows: Beginning at the northwest intersection of Maple Street and Carden Street; thence along and with the west line of Carden Street, northwardly, a distance of 1,130 feet to the south line of Campbell Street; thence along and with the south line of Campbell Street, westwardly, 140 feet to the center line of a utilities easement, as shown by dotted lines on said plat; thence along and with the center line of said utilities easement, southwardly, a distance of 1,130 feet to the north line of Maple Street; thence along and with the north line of Maple Street, eastwardly, a distance of 140 feet to the point of beginning. All of said lands being in original land lot no. eight (8) of the ninth (9th) district and fourth (4th) section of Walker County, 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 1959 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, et. seq., as amended, to change and enlarge the corporate limits of the City of Rossville, Georgia, and for other purposes. This 19th day of January, 1959. J. M. Bryan, Mayor City of Rossville, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized by law to administer oaths, Albert Campbell and Robert E. Coker who, on oath, depose and say that they are Representatives from Walker County, and that the attached copy of notice of intention to introduce local legislation was published in the

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Walker County Messenger, the official organ of said county, on the following dates: January 21 and 28, and February 4, 1959. Robert E. Coker Albert Campbell Sworn to and subscribed before me, this 12th day of February, 1959. Paul W. Painter, Notary Public, Georgia, State at Large. My Commission Expires Nov. 22, 1960. Approved March 17, 1959. CITY OF SAVANNAHCIVIL SERVICE SYSTEM. No. 405 (House Bill No. 550). An Act to amend the charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof and supplementary thereto incorporating the Mayor and Aldermen of Savannah relating to the Savannah Civil Service System incorporated in the Georgia Laws of 1949, pages 548-to-564 as amended by Georgia Laws, 1955, page 2296; to provide that witnesses may be subpoenaed to testify before such board; to amend the provisions for compensation of the members of said board; 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 the Act creating the Savannah Civil Service System Approved February 14, 1949, and incorporated in the Georgia Laws, 1949, Page 548-564, as amended by Georgia Laws, 1955, page 2296, be and the same is hereby amended as follows: Section 1. Paragraph three (3) of section three of

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said Act of 1949, as amended shall be and the same is hereby further amended by striking from said paragraph three (3), as amended, the words, ten dollars, and, twenty-five, and by substituting in lieu thereof respectively the words, fifteen dollars, and forty-five, so that said paragraph, when so amended, shall read as follows: (3) The members of the board shall be paid at the rate of fifteen dollars per diem for time actually devoted to the business of the board, but no member shall be paid for more than forty-five days of service in any one year. Compensation of members. Section 2. Said section 3, of said Act of 1949, as amended shall be and the same hereby is further amended by adding to said section a new subsection to be known as subparagraph five (5), which shall read as follows: (5) In any investigation or hearing conducted by the board, it shall have the power to examine witnesses under oath and to compel their attendance or the production of evidence before it by subpoena issued in the name of the board and signed by the director. It shall be the duty of the chief of police of Savannah to cause all such subpoenas to be served in Chatham County. Any person who shall be served with a subpoena to appear and testify or to produce books or papers issued in the course of any investigation or hearing who shall disobey or neglect to obey such subpoena shall be guilty of a misdemeanor. The board in its discretion has the right to limit the number of subpoenas that will be issued in any case. No subpoena, however, shall be issued unless the cost of serving the same shall be paid to the director by the party requesting the same in the amount of $3.00 for each subpoena. Such payments shall be paid by the director to the general fund of the city. In all cases in which the appeal shall have been successful, the board shall have the authority to direct the repayment to the appellant of all sums paid hereunder for subpoenas. Subpoena power. Section 3. All laws and parts of laws that conflict with this act are hereby repealed.

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State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, M. Glisson, 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 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, the acts, and those amendatory thereto, creating the Civil Service Board for the City of Savannah, to amend the provisions for compensation of the members of said board and for other purposes. /s/ Edwin Maner, Jr. City Attorney has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of January 17, 23 and 29, 1959. /s/ M. Glisson Sworn to and subscribed before me this 4th day of January, 1959. /s/ Miriam E. Kassel Notary Public, Chatham County, Ga. (Seal). Approved March 17, 1959.

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CITY OF WAYCROSSCORPORATE LIMITS. No. 406 (House Bill No. 551). An Act to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 17, 1955 (Ga. L. 1955, p. 3046) and an Act approved February 15, 1957 (Ga. L. 1957, p. 2175), to extend the city limits of said City of Waycross, so as to include within said city limits a certain tract of land known as Crestview Terrace; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 17, 1955 (Ga. L. 1955, p.3046), and an Act approved February 15, (Ga. L. 1957, p. 2175), is hereby amended by providing that the corporate limits of the City of Waycross shall include the following described limits: All that certain tract or parcel of land situated, lying and being in Ware County, Georgia, known and designated by plat of record in the office of the clerk of the superior court of said county as `Crestview Terrace', a subdivision adjacent to the east boundary of the City of Waycross, Georgia, and being more particularly described as follows: Beginning at a point on the south margin of Washington Avenue, which point is 125 feet from the southeast corner of the intersection of Gilmore Street and Washington Avenue, said beginning point being marked by an iron pin; and running thence in a southerly direction for a distance of 910 feet to a point on the north margin of Tazewell Street; running thence in an easterly direction along the north margin of Tazewell Street for a distance of 300 feet; running thence in a northerly direction parallel with Osceola Avenue for a distance of 910 feet to the south margin of Washington

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Avenue; running thence in a westerly direction along the south margin of Washington Avenue for a distance of 300 feet to the point or place of beginning. Said described tract consists of lots 15 through 28 of block `A' and lots 1 through 14 of block `B', together with that portion of Osceola Avenue lying between block `A' and block `B' of said Crestview Terrace subdivision. Section 2. The jurisdiction, authority, ordinances, rules and regulations of the City of Waycross shall extend and apply to the territory described in section 1 herein. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. This is to certify that Notice of intention to introduce local legislation signed by Cecil Herrin and Taylor Zachary was published in the Waycross Journal Herald three Saturdays, January 17, 24,and 31, 1959. Copies are on file in this office, for each week of said advertising, and one copy is attached hereto. /s/ Jack Williams, Jr. Publisher Sworn to and subscribed before me this 4th day of February, 1959. /s/ Louise Breen, Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that Cecil Herrin intends to apply for the passage of the local legislation at the 1959 session of the General Assembly of Georgia convening in January 1959 so as to authorize the extension of the city limits of Waycross, Ware County, Georgia, to include the following described property within said limits and to become a part thereof.

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This is the portion of Crestview Terrace which is not already included in the city limits. It consists of the east half of block A, all of blocks B and C as shown on plat of Crestview Terrace which is recorded in the office of the Clerk of Superior Court Ware County and dated June 10, 1957. This notice is given following the petition and consent of the majority of property holders consent this 14th day of January, 1959. By Cecil Herrin and Taylor Zachary Approved March 17, 1959. CITY OF AUSTELLCHARTER AMENDED, REFERENDUMS. No. 407 (House Bill No. 553). An Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell, and reincorporating said town or corporation as the City of Austell, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, particularly by an Act approved February 5, 1952 (Ga. L. 1952, p. 2054), an Act approved February 23, 1955 (Ga. L. 1955, p. 2426), an Act approved March 13, 1957 (Ga. L. 1957, Vol. 2, p. 3112), and an Act approved February 11, 1958 (Ga. L. 1958, p. 2024), so as to change the salary of the mayor and councilmen; to change the corporate limits of the City of Austell; to provide for referendums; 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.

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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), an Act approved March 13, 1957 (Ga. L. 1957, Vol. 2, p. 3112), and an Act approved February 11, 1958 (Ga. L. 1958, p. 2024), is hereby amended by striking from section 8, as amended by section 2 of the amendatory Act of 1958, the words and figures one hundred and twenty-five ($125.00) dollars and inserting in lieu thereof the words and figures three hundred ($300.00) dollars, so that, as amended, section 8 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 three hundred ($300.00) 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. Compensation of councilmen.

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Section 2. Said Act, as amended, is further amended by striking from section 16, as amended by section 4 of the amendatory Act of 1952, the words and figures five hundred dollars ($500.00) and inserting in lieu thereof the words and figures six hundred dollars ($600.00) dollars, so that, as amended, section 16 shall read as follows: Section 16. Be it further enacted, that the mayor shall receive a salary, not to exceed six hundred dollars ($600.00) per annum, to be fixed by the city council at such sum, not exceeding said amount, as the council 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 enforceable unless subsequently passed over his veto, after considering his reasons for the same by a vote of at least four councilmen on 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 same with the clerk of said city within four days after 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 said order by the mayor. The mayor shall have general supervision over the affairs of said city. He shall have power and authority to convene the city council in extra session whenever he

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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 mayor of this State. Salary of mayor. Section 3. Said Act, as amended, is hereby further amended by adding four (4) new sections to be known as sections 3D, 3E, 3F, and 3G, and which shall read as follows: Section 3D. There shall be included in the corporate limits of the City of Austell, in addition to the area described in sections 3, 3A, 3B, and 3C of this Act, as amended, all the area embraced within the following described parcels of land: Corporate limits. Parcel No. 1All that tract or parcel of land lying and being in land lots #27 and 28 of the 18th district, 2nd section, Cobb County, Georgia, and in land lots numbers 1305, 1306, 1307, 1310, 1281, 1282, 1283, 1284, 1285, 1286, 1231, 1232, 1233, 1234, 1235, 1236, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1160, 1161, 1162, 1163, 1132, 1133, 1134, 1088, and 1089 of the 19th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the southerly side of the Bankhead Highway (U. S. Highway 78) where it is intersected by the present city limits line of the City of Austell and running thence northeasterly along the southerly side of Bankhead Highway to a point where it is intersected by the easterly bank of Sweetwater Creek; running thence northerly along the easterly bank of Sweetwater Creek to a point where it is intersected by the southeasterly side of Perkerson Mill Road; thence running northeasterly along southeasterly side of Perkerson Mill Road to a point where it is intersected by the easterly side of Hill Road (sometimes known as Anderson Mill Road); running thence northerly along the easterly side of Hill Road (sometimes known as Anderson Mill Road) to a point where it is intersected by the north line of land lot #1212; running thence west along the north line of land lots #1212, 1211, 1210 and 1209 to a point

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where land lot #1209 is intersected by the easterly side of Noses Creek; running thence northerly and northwesterly along the northeasterly side of Noses Creek to where it is intersected by the southerly side of Clay Road; running thence northwesterly along the southerly side of Clay Road to a point where it is intersected by the northwesterly side of Mosley Road; running thence southwesterly along the northwesterly side of Mosley Road to a point where it is intersected by the southwesterly side of the Dallas Highway (Georgia Highway #6); running thence southeasterly along the southwesterly side of Georgia Highway #6 to a point where it intersects the south line of land lot #1206; running thence south along the west line of land lots #1236, 1281 and 1310 to the southwest corner of said land lot 1310; running thence east along the south line of land lot #1310 to the present city limits line of the City of Austell; running thence north, northeasterly, easterly, southeasterly, and then following the curvature and delineation of the present city limits line to the point of beginning. Section 3E. There shall be included in the corporate limits of the City of Austell, in addition to the area described in sections 3, 3A, 3B, 3C and 3D of this Act, as amended, all the area embraced within following described parcel of land: Parcel No. 2All that tract or parcel of land lying and being in land lots #19, 20, 21, 22, 23, 94, 95, 96, 97, 98, 135, 136, 137, 138, and 139 of the 18th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point of the north line of land lot #23 where it is intersected by the present city limits line of the City of Austell and running thence west along the north line of land lots #23, 22, 21, 20, and 19 to the northwest corner of land lot #19; running thence south along the west line of land lots #19, 98, and 135 to the southwesterly corner of land lot #135; running thence east along the south line of land lots #135, 136, 137,

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138, and 139 to a point where the south line of land lot #139 is interested by the present city limits line of the City of Austell; running thence north, northwesterly, and northeasterly along the present city limits line of the City of Austell to the point of beginning. Section 3F. There shall be included in the corporate limits of the City of Austell, in addition to the area described in sections 3, 3A, 3B, 3C, 3D and 3E of this Act, as amended, all the area embraced within the following described parcel of land: Parcel No. 3All that tract or parcel of land, lying and being in land lots #27, 28, 29, 88, 89, 90, 145, 201, 144, 143 142 of the 18th district, 2nd section, and land lots #1304, 1305 of the 19th district, 2nd section, Cobb County, Georgia, and being more fully described as follows: Beginning at the present eastern boundary of the present city limits of Austell on the north side of the right-of-way of U. S. Highway 78, thence running along said highway to the intersection of U. S. 78 and Marietta Road, thence crossing Marietta Road to east side of the Marietta Road right-of-way, thence heading south across U. S. 78 to the east side of the right-of-way of Maxham Road, thence running along the east side of the right-of-way of Maxham Road to the intersection of said Maxham Road and Old Alabama Road, thence running along the north side of the right-of-way of Old Alabama Road to the Douglas County line, thence northward along the Douglas County line to where said line intersects land lot 144, Cobb County, thence westward along the Douglas County line to the east side of the right-of-way of Love Street, thence northward along the east side of the Love Street right-of-way to the present Austell city limits. Section 3G. There shall be included in the corporate limits of the City of Austell, in addition to the area described in sections 3, 3A, 3B, 3C, 3D, 3E, and 3F of this Act, as amended, all the area embraced within the following described parcel of land:

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Parcel No. 4.All that tract or parcel of land, lying and being in Douglas County, Georgia, and being more fully described as follows: Beginning at a point where the present Austell city limits on Love Street intersects the Douglas County line and running easterly along the Douglas County line to Sweetwater Creek, thence along the west side of Sweetwater Creek, following its meanderings, to where said creek, intersects Old Alabama Road, thence along the south side of the right-of-way of Old Alabama Road to the intersection of the perimeter of the circle of the proposed Lithia Springs city limits, thence northwesterly along the east side of said circle to a point where said circle intersects Bankhead Highway, thence southwesterly along the east side of the right-of-way of Bankhead Highway, on the same line following the boundary of the proposed Lithia Springs city limits, to the intersection of Limit St., thence west on the south side of Limit St., to the intersection of Hotel St., thence northward along the west side of Hotel St. to the intersection of the Cobb County line, thence westward along the county line to Bowden Street and the present Austell city limits. Section 4. Not less than 30 nor more than 120 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 Austell to issue the calls for four (4) separate elections for the purpose of submitting subsections 3D, 3E, 3F, and 3G of section 3 of this Act to the voters of each area to be annexed, for approval or rejection. The mayor and council shall set a different date for each election; provided, however, that all four elections shall be held within six months from the date this Act becomes law. It shall be the duty of the Ordinary of Cobb County, as to parcels nos. 1, 2 and 3, and it shall be the duty of the Ordinary of Douglas County, as to parcel no. 4, to cause the date and purpose of each election called for in their respective counties to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Cobb

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County and the official organ of Douglas County respectively. Referendum. The following provisions shall govern each of the four separate elections called for by this Act: The ballot at each separate election shall have written or printed thereon the words: For approval of the Act extending the corporate limits of the City of Austell. Against approval of the Act extending the corporate limits of the City of Austell. 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 less than a majority of the votes cast on such question are for 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 Austell. It shall be the duty of the Ordinary of the county in which the property to be annexed lies to hold, supervise and conduct each 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 holding any such election 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 mayor and council of the City of Austell and to the Secretary of State. It shall be his further duty to appoint two (2) election managers for each area where an election is held. Such election managers shall be residents and freeholders of the area to be annexed and otherwise qualified to vote for members of the General Assembly of the State of Georgia. The Ordinary shall furnish a list to the election managers of the persons resident in each area to be annexed

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who are qualified to vote for members of the General Assembly of the State of Georgia on the date of the furnishing of such list. The elections shall be held at the regular voting place in the militia district wherein lies the area to be annexed. If the area in question lies in more than one militia district, the Ordinary conducting such election, shall designate in which militia district the election is to be held, and it shall be held at the regular voting place in such designated militia district. Section 5. 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 hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act it if had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Cobb County. I, Brooks P. Smith, do hereby certify that I am publisher and general manager of The Marietta Daily Journal, the newspaper in which Sheriff's advertisements appear in Cobb County, and the attached copy of notice of intention to introduce local legislation was published in said newspaper on the following days, to-wit: January 2, January 9, and January 16, 1959. Brooks P. Smith
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Sworn to and subscribed before me this 22nd day of January, 1959. Thelma D. Myers Notary Public, Cobb County, Georgia. My Commission expires September 14, 1960. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced to the January-February, 1959 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Austell (Ga. L. 1959, p. 862 et seq.) as heretofore amended, and for other purposes. This 2nd day of January, 1959. Harold S. Willingham Raymond M. Reed Euegene W. Holcombe Cobb County Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. A. Fowler, Jr., who, on oath, deposes and says that he is Representative from Douglas County, and that the attached copy of notice of intention to introduce local legislation was published in the Douglas County Sentinel, which is the official organ of said county, on the following dates: Jan. 29, Feb. 5-12, 1959. A. A. Fowler, Jr. Representative, Douglas County Sworn to and subscribed before me this 13 day of February, 1959. J. Sid Williams Notary Public. My Commission expires Nov. 26, 1961. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1959 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 26th day of January, 1959. A. A. Fowler, Jr. Douglas County Representative Approved March 17, 1959. CITY OF FOREST PARKCORPORATE LIMITS. No. 408 (House Bill No. 558). An Act to amend an Act approved August 14, 1908, entitled An Act to incorporate the Town of Forest Park in the County of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their election; to provide for the government of said town, and for other purposes, and the several Acts amendatory thereof, so as to provide for the annexation of certain territory and extend the present city limits of said city and to give present municipal power and authority over all of said described annexed area; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 14, 1908, entitled An Act to incorporate the Town of Forest Park in the County of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their election; to

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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. Extending the City Limits of the City of Forest Park. Be it further enacted by the General Assembly of the State of Georgia that the corporate limits of the City of Forest Park be extended so as to include and annex the following described property. Parcel 1. All that tract or parcel of land lying and being in land lot 48 of the 13th District of Clayton County, Georgia, and being more particularly described as follows: Beginning at a point on the east side of the right of way of Georgia Highway 54 eight hundred and eight (808) feet more or less southeast of the point of intersection of the east side of the right of way of Georgia Highway 54 with the north line of land lot 48 of the 13th district of Clayton County, Georgia, as measured along said east side of the right of way of Georgia Highway 54, said point being four hundred twenty two and six tenths (422.6) feet more or less north of the intersection of the east side of the right of way of Georgia Highway 54 and the west side of the right of way of Old Jonesboro Road; proceeding thence north 88 degrees 30 minutes east two hundred fifty five (255) feet

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more or less to a point on the west side of the right of way of Old Jonesboro Road; thence in a southerly direction along the west side of the right of way of Old Jonesboro Road four hundred thirty seven and two tenths (437.2) feet more or less; thence in a westerly direction one hundred (100) feet more or less, crossing said Georgia Highway 54 to the west side of the right of way of said highway; thence in a northwesterly direction along the westerly side of the right of way of Georgia Highway 54 four hundred twenty two and six tenths (422.6) feet more or less; thence in an easterly direction one hundred (100) feet more or less, crossing said Georgia Highway 54, to the point of beginning. Parcel 2. All that tract or parcel of land lying and being in land lot 208 of the 12th district of Clayton County, Georgia, and being more particularly described as follows: Beginning at the common corner of land lots 48, 49, 208, and 209 of the 12th and 13th districts of Clayton County, Georgia, and proceeding east on the common boundary line between land lots 209 and 208 one hundred (100) feet, more or less, to a point on the said common boundary line; thence south three hundred forty (340) feet, more or less, to a point on the north side of the right of way of Bartlett Road; thence west along the north side of the right of way of Bartlett Road one hundred (100) feet, more or less, to the point of intersection of the north side of the right of way of Bartlett Road with the common boundary line between land lots 49 and 208; thence north along the common boundary line between land lots 49 and 208 three hundred forty one (341) feet more or less to the point of beginning. Parcel 3. All that tract and parcel of land lying partially in land lots 17 and 240 of the 12th and 13th districts of Clayton County, Georgia, and being more particularly described as follows: Beginning at a point on the north side of the right of

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way of Rock Cut Road at the common boundary between land lot 17 of the 13th district and land lot 240 of the 12th district of Clayton County, Georgia; thence proceeding in a southeasterly direction along the north side of the right of way of Rock Cut Road a distance of one thousand five hundred (1,500) feet, more or less, to the present city limits line; thence proceeding in a westerly direction along the present city limits line a distance of one thousand six hundred and forty (1,640) feet, more or less, to a point; thence proceeding north one (1) degree west six hundred twenty five (625) feet, more or less, to a point on the south side of the right of way of Rock Cut Road; thence in an easterly direction along the south side of the right of way of Rock Cut Road four hundred (400) feet, more or less; thence in a northerly direction and proceeding across Rock Cut Road a distance of eighty (80) feet, more or less, to the point of beginning. Parcel 4. All that tract or parcel of land lying and being in land lot 49 of the 13th district of Clayton County, Georgia, and being more particularly described as follows: Beginning at the southeast corner of State Highway No. 54 and Bartlett Road, and running thence easterly along the southerly side of Bartlett Road three hundred eighty one and seven tenths (381.7) feet to a point; thence south three hundred thirty (330) feet to a point; thence southwesterly one hundred eighty nine (189) feet to the northeasterly side of State Highway No. 54; thence northwesterly along the northeasterly side of State Highway No. 54 four hundred forty and five tenths (440.5) feet to the point of beginning; all as shown on the plat of the property of J. A. Ragsdale by McNamee Engineering Co., February 6, 1959. 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 appertaining to said city as a municipality are hereby extended and made effective in every part

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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 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 described 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 area described above as fully and completely as they now exist within the former limits under the present charter, the laws, and ordinances covering the City of Forest Park. Said described territory which includes additional property not in the former city limits is likewise made subject to all the bonds heretofore issued by the City of Forest Park. Paragraph 3. 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. Intent. Section 3. 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 judgment shall not affect, or impair or invalidate the remainder of this Act.

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Section 4. 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 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 publisher 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 7th day of January, 1959, and once each week thereafter for six 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, 1959, 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 the several Acts amendatory thereof, and for other purposes. This 29th day of December, 1958. Rex T. Reeves, City Attorney City of Forest Park Jack Troy Sworn to and subscribed before me this 12th day of February, 1959. Sybil S. Foster Notary Public, Clayton County, Georgia. My Commission expires June 4, 1962. (Seal).

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Author's Affidavit. State of Georgia, County of Clayton. Personally appeared before me the undersigned, a Notary Public, Rex T. Reeves, author of the Bill to which this affidavit is attached, who, after being duly sworn, says that the Notice of Intention to Ask for Local Legislation, as required by Article 3, Section 7, paragraph 15, of the Constitution of the State of Georgia, has been published in the newspaper in which the sheriff's advertisements for the locality effected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Rex T. Reeves Sworn to and subscribed before me this 12th day of February, 1959. Betty Jeanne Landers Notary Public, Georgia, State at Large. My Commission expires Feb. 1, 1961. (Seal). Approved March 17, 1959. CHEROKEE COUNTYCOMMISSIONER OF ROADS AND REVENUES. No. 409 (House Bill No. 559). An Act to amend an Act creating the office of the commissioner of roads and revenues for the County of Cherokee, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, so as to change the compensation of the clerk of the commissioner; to authorize the said commissioner to hire an additional clerk either part-time or full-time; to require said commissioner to hire a certified public accountant to audit the books

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of the county and to prepare a summary 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 the commissioner of roads and revenues for the County of Cherokee; approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, is hereby amended by striking from section 6 the figure $2700.00 and inserting in lieu thereof the figure $2900.00, so that when so amended, section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that the commissioner of roads and revenues of Cherokee County shall appoint a clerk, whose salary shall be fixed by the commissioner not to exceed $2900.00 per annum, to be paid in twelve equal monthly installments. It shall be the duty of the county clerk to attend all business meetings pertaining to the office, and he shall keep in order the minutes of all transactions of the office, to file and keep in order of their date all original orders and papers, petitions, applications and other papers, addressed to the commissioner concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury by order of the commissioner, giving the amount and date of said payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness, contracted by the commissioner. All the books, files and records required to be used or kept in the office of the commissioner of roads and revenues shall always be ready and open to inspection of any taxpayer of the county. Said clerk before entering on the discharge of his duties, shall be required to give bond and take the same oath as required by the commissioner, which bond shall be in the sum of $1,000.00, payable to the said commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the commissioner. Clerk to commissioner.

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Section 2. Said Act, as amended, is further amended by adding a new section, to be known as section 6A, to read as follows: Section 6A. In addition to the full-time clerk authorized above the commissioner is hereby authorized to employ an additional clerk on either a full-time or part-time basis, to be compensated in an amount fixed by the commissioner not to exceed $2,500.00 per annum, who shall have authority and access to all public records of the county for the purpose of examining and auditing the same. Part time clerk. Section 3. Said Act, as amended, is further amended by adding a new section, to be known as section 11A, to read as follows: Section 11A. The commissioner is hereby required to obtain an audit of the county books within fifteen (15) days following the end of each calendar year. The certified public accountant performing this audit shall prepare a summary thereof. Said summary shall be published in the official organ of the county within thirty (30) days after its completion. The first such audit shall cover the period from July 1, 1959 to December 31, 1959. Audit. 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 1959 session of the General Assembly of Georgia, a bill to amend an Act creating roads and revenue of Cherokee County, so as to provide for additional clerical services and to provide for the duties and compensation for such clerk; to provide for an annual audit and for a special audit and the procedure connected therewith; and for other purposes.

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This 28 day of January, 1959. 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 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 29, February 5 and February 12, 1959. Carl Barrett Representative, Cherokee County. Sworn to and subscribed before me this 13 day of February, 1959. Wilson Brooks Notary Public. Approved March 17, 1959. CITY OF DACULANAME CHANGED FROM TOWN OF DACULA, NEW CHARTER, REFERENDUM. No. 411 (House Bill No. 563). An Act to incorporate the City of Dacula, in the County of Gwinnett and the State of Georgia, and to supercede and to repeal the Act incorporating the Town of Dacula (Ga. L. 1918, p. 645 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;

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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 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 Dacula, 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 Dacula, located in

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the County of Gwinnett, State of Georgia, be and are hereby incorporated under the name and style of City of Dacula, 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 Dacula as hereinbefore incorporated, shall be and are hereby vested in the City of Dacula created by this Act. And the said city of Dacula created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common 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 Dacula 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 now owned or hereinafter acquired by said city, and all transfers and conveyances of real or personal property heretofore made by said Town of Dacula 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 owner or controlled by the City of Dacula 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 Dacula shall succeed to all the rights and liabilities of the old corporation, the Town of Dacula, and all existing ordinances, resolutions, rules, and by-laws of the old corporation,

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the Town of Dacula, remain unaffected hereby and are hereby continued and confirmed. Name changed, reincorporated, powers, etc. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of said Town of Dacula shall extend one-half of one mile in an air line, in every direction from the following described center of said town. The center of said town shall be the southeast corner of the brick store building now owned by J. T. Berry, on the southeast corner of lot number sixteen (16) located in the southeast corner of block B, on the north side of Second Avenue, and west side of Wilson Street where Wilson Street intersects Second Avenue, as shown in the plot of the town of Dacula, (formerly the town of Freeman) under which said plot was made, on record in the clerk's office of Gwinnett County. Corporate limits. Section 3. Be it further enacted by the authority aforesaid, that the municipal government of said City of Dacula shall consist of a mayor and four councilmen. The present mayor and councilmen of the Town of Dacula 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 Dacula. On the first Monday in December, 1959, there shall be elected two councilmen, whose term of office shall be for two years, beginning on the first day in January 1960, and each of said councilmen shall hold office until his successor is elected and qualified; and on the first Monday in December every two years thereafter there shall be elected two councilmen, whose term of office shall be two years, and until their successors are elected and qualified, who shall take office on the first day in January next following their election. On the first Monday in December, 1960, there shall be elected a mayor and two councilmen, whose terms of office shall be for two years, beginning on the first day in January, 1960, and each of said officers shall hold office until his successor is elected and qualified. And on the first Monday in December every two years thereafter there shall be

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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 day in January next following their election. Mayor and council, 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 and be a freeholder in said city. If the mayor or either of the councilmen should remove his residence or domicile out of said city during his term of office, said office shall automatically become vacant. Same, qualifications, etc. 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 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, chose 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 by appointment. Vacancies. Section 7. 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 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

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mayor pro tem., if he is 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 is presiding, vote for the same, and unless the said motion, resolution, ordinance or other question receive at least three affirmative votes. Quorum, etc. Section 8. Be it further enacted by the authority aforesaid, that the mayor of said City of Dacula receive a salary, to be fixed by the 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 the transaction of 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 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 three (3) councilmen,

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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, 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 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 Dacula, 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. Same.

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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. City clerk, etc. Section 12. Be it further enacted by the authority aforesaid, that said city clerk shall be a practical book-keeper, and shall keep his office at the city hall of said city or at such other place as may be designated by the mayor and council, 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 Dacula 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. 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

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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 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 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 State law or the criminal laws of Georgia, 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.

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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 of 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. 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, and 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

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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 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,

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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 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 shall be enforced and collected in the same manner as tax executions issued by said city. Business licenses. 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 other public purposes, 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. 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

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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 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

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the ordinance authorizing the execution of work in each case. Streets, etc. 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 plumbng in said city. They may enact ordinances requiring 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. Fire districts, zoning, etc. Section 23. Be it further enacted by the authority aforesaid, that the mayor and council may by ordinances,

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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. Examination of tradesmen. 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 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. 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 delegates to such joint planning board such powers and duties as necessary to properly zone and carry out zoning regulations in said city. Zoning 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

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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 for the punishment of those who illegally use water 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, 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. 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

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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. Section 29. Be it further enacted by the authority aforesaid, that there shall be a fire department maintained and operated by the City of Dacula 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 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 and 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 as 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

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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 of 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. 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 to the one of the other is liable, and to enforce the collection of said expenses by execution issued as executions for taxes. Nuisances.

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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 ad valorem taxes, or for street and sidewalk improvements, 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 Dacula, 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

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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. Executions. 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 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, costs, etc. 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 six (6) months within the city limits of the City of Dacula, and have registered as hereinafter provided, shall be qualified to vote in any city election. Voters.

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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. 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 or wherever the mayor and council may designate 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 thirtieth day before any election, and any person registering therein after the thirtieth day before any election shall not be qualified to vote in said election, and if said thirtieth day shall 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 twentieth 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 for 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

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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. 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 wtihin 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. Elections. Section 37. Be it further enacted by the authority

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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 fifteen (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 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. Candidates, ballots, 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

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and council, or council, and the vacancy filled as herein-before provided. Mayor and council. 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. Crimes. 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. Ordinances. Section 41. 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 Gwinnett County, Georgia, and that no personal property of any kind owned by the municipality shall be sold except under the same terms, where the amount of the property involved exceeds the sum of three hundred ($300.00) dollars. However, it is expressly provided therein 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 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 sale of cemetery lots. Sale of city owned property. Section 42. Be it further enacted by the authority aforesaid, that the mayor shall on the first meeting in January, or as soon thereafter as practical, appoint a committee of three of the members for each committee of the council to compose the following committees: Finance, Streets, Alleys and Sidewalks, Sanitary,

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Police, Cemetery, Building, Public Improvements, Lights, Water and Sewerage, Parks. It shall be the duty of the mayor to put each of the several councilmen on an equal number of committees, if possible, dividing the chairmen of such committees, as nearly equal as possible, making one of the three on each committee chairman placing each councilman on the committee for which he is best suited. Council committees. Section 43. Be it further enacted by the authority aforesaid, that the mayor and council will, to protect places of divine worship in said city, regulate the opening of stores, soda founts, drug stores and other places wherein things are bartered and sold, and to prescribe whether the same shall be opened on Sunday, and if so, the hours. Ordinances. Section 44. It is further enacted by the authority aforesaid, that the mayor and council for the city of Dacula shall have the authority to lease any public school properties to any private person or corporation, all of which is left to the discretion of the mayor and council. Lease of property. Section 45. Be it further enacted by the authority 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 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 purpose of this Act, nor the laws of the State. Ordinances. Section 46. Be it further enacted by the authority aforesaid, that all Acts of the General Assembly heretofore

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passed incorporating the Town of Dacula 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 Dacula 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 ordinance of said Town of Dacula heretofore passed and now in force, which are not inconsistent with this Act are continued as ordinances of the City of Dacula, in full force and effect until the same have been repealed by ordinance of resolution of the mayor and council, as provided for in this act. Effect of prior ordinances. Section 47. 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 of this local legislation have been complied with for the enactment of this law. Section 48. Not less than 20 nor more than 30 days after the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the mayor and council of Dacula to issue the call for an election for the purpose of submitting this Act to the voters of Dacula who are qualified to vote for mayor and council. The mayor and council shall set the date of such election for a day not less than 25 nor more than 30 days after the date of the issuance of the call. The mayor and council shall advertise the same for at least 20 days immediately preceding the election by posting typewritten or printed copies of this Act in three public places in Dacula and a copy shall be kept during such period at the place where the public records of Dacula are located. In addition thereto, the mayor and council

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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 Gwinnett County. The ballots shall have written or printed thereon the words: Referendum. For approval of the Act creating a new charter for the City of Dacula. Against approval of the Act creating a new charter for the City of Dacula. 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 less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. Only one election may be held under the provisions of this Act and the result thereof shall be final. The expense of such election shall be borne by Dacula. It shall be the duty of the mayor and council, or such other authority as normally holds elections in Dacula, to hold and conduct such election. It shall be the duty of the mayor and council, or such other authority, to canvass the returns and declare and certify the results of the election. It shall be the further duty of the mayor and council, or such other authority, to certify the result thereof to the Secretary of State. State of Georgia, County of Gwinnett. Before me, the undersigned officer duly authorized to administer oaths, personally appeared Katie Mae Christian, who after being duly sworn, deposes, says and certifies that she is the treasurer 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: January 29, 1959, February 5, 1959, and February 12, 1959. Katie Mae Christian
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Sworn to and subscribed before me, this the 12th day of February, 1959. Joseph E. Cheeley, Jr., Notary Public, Gwinnett County, Georgia. (Seal). Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, at the January session, 1959, an Act to amend, consolidate and supersede the Act incorporating the Town of Dacula, in Gwinnett County, Georgia, and all acts amendatory thereof, and to create a new charter for said municipality; to repeal the Act incorporating the Town of Dacula, approved August 12, 1918, (Ga. L. 1918, p. 645) and all amendments thereto, and to create a new charter for said municipality, created as the City of Dacula, in Gwinnett County, Georgia, to provide for a municipal government, to define the territorial limits of said City of Dacula to be the same as now exist for the Town of Dacula, 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 continued therein. This 26th day of January, 1959. W. V. Knight, Mayor Otis E. Pharr Claude Holcomb Robert Adams Bennie Parr Councilmen, Town of Dacula Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Story, who, on oath, deposes and says that he is representative from Gwinnett County, and that the attached copy of notice of intention to introduce local legislation was published in the Lawrenceville News-Herald, which is the

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official organ of said county, on the following dates: January 29, February 5 and February 12, 1959. /s/ Earl Story Representative, Gwinnett County Sworn to and subscribed before me this 18th day of February, 1959. Janette Hirsch Notary Public, Georgia, State at Large My Commission Expires October 4, 1960. Approved March 17, 1959. GWINNETT COUNTYFILLING OF VACANCIES ON BOARD OF COMMISSIONERS. No. 412 (House Bill No. 564). An Act to amend an Act creating a Board of County Commissioners of Gwinnett County, approved August 16, 1915 (Ga. L. 1915, p. 244), as amended, so as to change the provisions relating to the filling of vacancies; 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 creating a Board of County Commissioners of Gwinnett County, approved August 16, 1915 (Ga. L. 1915, p. 244), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The members of said board of commissioners shall be elected by the voters of said county at the same time and in the same manner and for the same term of office as are other county officers of Gwinnett County, and shall be commissioned by the Governor. In

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the event of a vacancy on the board for any reason other than the expiration of a term of office, such vacancy shall not be filled if the remainder of the unexpired term does not exceed six months, and the remaining members of the board shall have full authority to act in all matters just as if all seats on the board were filled. In the event the remainder of the unexpired term exceeds six months, it shall be the duty of the Ordinary of Gwinnett County to call a special election to be held not less than 20 nor more than 30 days after the vacancy occurs for the purpose of electing a person to fill the vacancy for the unexpired term. In the event a person who is elected at a regular election to serve a full term, dies prior to the time he takes office, it shall be the duty of the Ordinary to call a special election to be held not less than 20 nor more than 30 days after the death of such person for the purpose of electing a person to serve the term which the person who dies would have served. 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 1959 Session of the General Assembly of Georgia, a bill to provide a procedure for the filling of vacancies on the board of county commissioners for Gwinnett County and the procedure connected therewith; and for other purposes. This 21 day of January, 1959. Earl P. Story, Handsel Morgan, Representatives, Gwinnett County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl P.

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Story, who, on oath, deposes and says that he is representative from Gwinnett County, and that the attached copy of notice of intention to introduce local legislation was published in the News-Herald, which is the official organ of said county, on the following dates: January 22 and 29, 1959, and February 5, 1959. Earl P. Story Representative, Gwinnett County. Sworn to and subscribed before me this 12th day of February, 1959. G. Hughel Harrison Notary Public, Georgia, State at Large. My Commission expires April 30, 1961. (Seal). Approved March 17, 1959. CITY OF COMMERCECORPORATE LIMITS. No. 413 (House Bill No. 566). An Act to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, particularly by an Act approved August 9, 1911 (Ga. L. 1911, p. 975) and an Act approved July 29, 1912 (Ga. L. 1912, p. 771), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, particularly by an Act approved August 9, 1911 (Ga. L. 1911, p. 975) and an Act approved July 29, 1912 (Ga. L. 1912, p. 771) is amended by inserting

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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 property heretofore included within the City of Commerce, the corporate limits of said city shall include all of the following described property: (a) All that tract or parcel of land lying in The State of Georgia, Jackson County, beginning at a pin on North Elm Street in the City of Commerce; thence along a line South 14 - 14 west 150 feet to pin; thence along line north 75 - 20 west 150 feet to pin; thence along line south 14 - 14 west to pin; thence along line to point of beginning. (b) All that tract and parcel of land lying and being in the 255th District, G. M. of Jackson County, Georgia, consisting of nine (9) acres, more or less, and more particularly described as follows: Beginning at a willow tree located on the bank of the creek 200 feet from the center of the bridge where Park Drive merges with Ridgeway Road, which tree marks the northeastern corner of Lovell Patman's lot, and running in a southeasterly direction along the rear boundary lines of the Lovell Patman, Nathaniel Patman and Allie Mae Hix lots, which lots front on Ridgeway Road, to an iron pin which marks the southeastern corner between the Allie Mae Hix and Berry Hancock lots; thence in a northeasterly direction along the rear boundary of Berry Hancock and Charlie Gillespie lots and across a proposed marked out street, to an iron pin corner which marks the northeastern corner of the Charlie Gillespie lot; thence in a southeasterly direction along the eastern boundary of the Charlie Gillespie lot to an iron pin on the established lot line which marks the southeastern corner of said lot; thence in a northeasterly direction along said established lot line to an iron pin which marks the southwestern corner of the Addie Gillespie lot; thence in a northwesterly direction along the western boundary line of the Addie Gillespie lot to an

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iron pin which marks the northwest corner of said lot; thence along the rear boundary line of the Addie Gillespie lot to an iron pin which marks the northeast corner of said lot; thence in a southeasterly direction along the eastern boundary of the Addie Gillespie lot to an iron pin on the established lot line which marks the Southeastern Corner of said lot; thence in a northeasterly direction across a proposed marked out street and along said established lot line which marks the rear boundary of the Milledge Patman and Ella Borders lots to an iron pin which represents the northwestern corner of the Ella Borders lot, which corner is on the line between the property herein conveyed and the Faulkner property; thence in a northwesterly direction along the southwestern border of the Faulkner property to the south bank of the creek; thence along the south bank of the creek to the point of beginning. Also, all that tract or parcel of land lying and being in the district and county aforesaid consisting of one lot fronting fifty (50) feet in width on the south side of Radio Street and lying between the lots owned, respectively, by Charles P. Cochran and Ruby J. Alexander, and running back even width to the northern boundary of Thelma Sanders' lot. Also, all that tract or parcel of land lying and being in the district and county aforesaid just outside the city limits of Commerce on the E. side of Ridgeway Road beginning at a corner in the center of the bridge across the creek and extending S. 61 degrees E. 150 feet to an iron pin corner, same being Lovel Patman's corner and extending with her line N. 52 degrees E. 200 feet to a tree on the bank of the creek; thence down the creek 680 feet to a corner on Faulkner's line on north side of the creek; thence north 90 degrees W. 515 feet to a gum corner of W. D. Bolton and Charles Waters; thence with Waters line S. 27 W. 720 feet to point of beginning, said tract of land containing five (5) acres, more or less. (c) All that tract or parcel of land lying and being in the State of Georgia, County of Jackson, beginning on

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the corner of Commerce Veterans Home, Inc. on the west side of road on Sam Hood line, thence with his line N. 65 W. 200 feet to corner on a gum tree, thence N. 2 W. 800 feet to an iron pin corner stake on W. side of road, thence N. 17 E. 290 ft. to iron pin corner on N. W. corner of bridge, thence with road S. 55 E. 270 ft. to corner in center of road, thence S. 52 E. with road 980 ft. to Georgia Power Co. corner in road, thence S. 21 W. 375 ft. to a corner of Commerce Veterans Home, thence with their line N. 54 W. 198 ft. to iron stake, thence with their line S. 27 W. 300 ft. to corner near lake dam, thence N. 65 W. 398 feet to the Veterans Corner, thence S. 29 W. 102 ft. to the beginning corner. Containing 17.98 acres more or less. As per plat made by C. C. Hawkens, Surveyor, June 15, 1954, a small parcel of land is to be cut from the above tract containing 0.121 of an acre as per said plat. (d) All that tract or parcel of land lying and being in the 255th Dist. G. M. Jackson County, Georgia, located on the public road about one mile northeast of Commerce, Georgia, and known as the Sam Dale place and formerly owned by W. L. Wells, containing sixty-one and 69/100 acres more or less, (61.69) as per plat made by R. C. Nix, Surveyor, June 21st, 1933, bounded on the north by lands of Short, on the east by lands formerly belonging to Aderholt, on the south by lands of Benton and on the west by lands of Hardman, and more particularly described as follows: Beginning at a rock on the southwest side of a branch at the intersection of said branch with the lands now or formerly owned by Hardman, running thence south 57 degrees west 30 chains to a rock corner, thence south 80 degrees east 36.39 chains to a rock corner, thence north 7 degrees east 25.11 chains to a rock corner, thence north 53 degrees west 9.10 chains to a rock corner, thence south 52 degrees west 8.88 chains to a rock on a branch the point of beginning. (e) All that tract or parcel of land lying and being in the State of Georgia, County of Jackson, beginning at a pin on Scott Street and Clayton Street (Line) in the

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City of Commerce, thence along Scott Street S. 43 degrees W. 51 degrees 792 feet to pin; thence N. 42 degrees - 55 W. 322.35 feet to pin; thence N. 52 - 19 E. - 792 feet to a pin; thence S-42 - 55 E. - 204.80 feet to a pin on Clayton Street and Scott Street. (f) All that tract or parcel of land starting at a stake in middle of road known as Peach Orchard Road and running through property of what was Grace Hood Fuller property, now City of Commerce, property, running N. 74 20 E. 609 feet to stake, thence and along property of C. W. Hood N. 14 45 W. to iron pin, thence along property of Minish and Rogers N. 64 23 E. 650 feet to iron pin, thence along old peach orchard road N. 12 45 W. 514 feet to a stake, thence N. 19 30 W. 462 to stake, the beginning corner. Also the following described property to-wit: Starting at a stake on Mary Hood Boland land and running N. 74 20 E. 555 feet to stake in middle of old Peach Orchard Road; thence along old Peach Orchard Road N. 19 30 W. 462 feet to a stake, thence along Old Peach Orchard Road N. 12 45 W. 618 feet to a stake on property of Ruth Hood Dismukes propert, thence along Ruth Hood Dismukes line N. 74 20 E. 571 feet to a stake, thence along propert of Ruth Hood Dismukes and Mary Hood Bowlan N. 16 30 W. 649 feet and 386 feet, or a total of 1035 feet to the beginning corner. All of said propert being bounded on the south by property of Grace Hood Fuller and Mary Hood Bowlan, on the east by C. W. Hood, Jr., on the north by Rogers and Minish and Ruth Hood Dismukes and on the west by Ruth Hood Dismukes and Mary Hood Bowlan. Containing 28 acres more or less. (g) All that tract or parcel of land lying and being in Georgia, Jackson County, 255 District G. M. and being described by metes and bounds as follows: Beginning at a stake on the disposal plant road and Mose Gordon property and running thence S. 39 50 E. 381 feet to a stake, thence S. 33 28 W. 99 feet to a corner

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on Colored housing project road, thence S. 54 20 E. 96 feet to a stake, thence S. 71 E. 50 250 feet to a stake, thence S. 71 50 E. 202.9 feet to a stake, thence north 55 O.E. 358 feet to a stake on Mose Gordon property, thence N. 35 O. W. 553.5 feet to a stake just off Disposal road, thence N. 59 50 W. 240 feet to stake in Disposal plant road, thence up Disposal road S. 65 05 W. 350 feet to nail in pine tree, thence S. 67 05 W. 160 feet to the beginning corner. Containing 10 acres more or less. Bounded on south by property of Mose Gordon Negro housing project road, and colored housing project property and Mose Gordon, on the east by property of Mose Gordon, on the north by property and on west by disposal plant road. (h) All that tract or parcel of land beginning at an iron pin at the present city limits on the east side of present city limits on property of John Hood and running N. 42 45 E. 103.1 feet to iron pin, thence S. 86 44 E. along property of Hazel Hood 1500 feet to an iron pin corner of E. C. Stark property, thence along property of E. C. Stark S. 10 09 E. 1200 feet to an iron pin corner on property of Frank Gailey, thence along property of Frank Gailey S. 11 56 W. 393.75 feet to iron pin corner on Commerce-Maysville highway, thence along Commerce-Maysville highway N. 81 00 W. 243.75 feet to iron pin corner, thence along Commerce-Maysville highway N. 78 36 W. 262.5 feet to iron pin Corner on property of Roy Brown, thence S. 11 56 W. 156 150 feet to iron pin corner, thence N. 78 36 W. 150 feet to iron pin corner on property of Jim Nunn on present city limits. Bounded on east and north by Commerce-Maysville highway, on south and west by present city limits and John Hood and on east by property of John Hood and on west by property of Hazel Hood, on west and north by property of E. C. Stark. (i) All that tract or parcel of land beginning at an iron pin on what is commonly known as Orchard road

Page 3197

running through property of Mrs. Grace Hood Fuller and running thence down said Orchard road N. 12 00 W. 1175 feet to an iron pin corner on property of Mrs. Mary Hood Boland, thence along said road N. 19 W. 36 200 feet to iron pin, thence N. 47 46 E. 30 feet to iron pin on Clayton Street in City of Commerce, thence down Clayton Street S. 75 56 E. 878.8 feet to iron pin, thence S. 66 06 E. 228.1 feet to iron pin corner at city limits of Commerce, Ga., thence S. 71 56 W. 222.7 feet to iron pin, thence S. 33 51 E. 592.1 feet to iron pin, thence N. 72 13 E. 115.2 feet to iron pin, thence S. 23 30 W. 85.14 feet to iron pin, thence S. 64 23 W. 1088.5 feet to iron pin the beginning corner. Bounded on west and south by property of Mrs. Grace Hood Fuller and Mrs. Mary Boland, on the north and east by Clayton Street, on the east and south by Willoughby Park and property of C. W. Hood, Jr. (j) All that tract or parcel of land beginning at an iron pin at present city limits where same joins property of Clyde Langford and running N. 22 00 W. 25 feet to iron pipe, thence S. 76 50 W. 287.5 feet to iron pin corner on property of W. N. and W. P. Harden, thence N. 18 08 W. 462.5 feet to iron pin, thence along property of W. N. and W. P. Harden N. 20 35 E. 1143 feet to iron pin corner on J. B. Hardeman Estate, thence S. 65 53 E. to iron pin the present city limits. Bounded on the north by property of J. B. Hardman estate, Clyde Langford on south, on the west by property of W. N. and W. P. Harden and on east by present city limits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, at the January session, 1959, an Act to amend, consolidate and supersede the Act incorporating the City of Commerce, in

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Jackson County, Georgia, and all amendments thereto, and to create a new charter for said municipality; to repeal the Acts incorporating the City of Commerce, approved August 17, 1909, (Ga. L. 1909, p. 655) and all amendments thereto, and to create a new charter for said municipality, created as the City of Commerce, in Jackson County, Georgia, to provide for a municipal government, to define the territorial limits of said City of Commerce to be the same as now exist for the City of Commerce, 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. This January 12, 1959. W. D. Bolton, Mayor. A. S. Johnston, C. N. Threatt, Claudie Waters, A. A. Rogers, Jr., Horace Prickett, Irven M. Tate, Councilmen, City of Commerce. (The above notice is being published to accommodate the introduction in this session of the General Assembly of an Act for the above-noted purpose in the event the majority of the voters in the election on January 28, 1959 should approve the same). Georgia, Jackson County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Williams, who, on oath, deposes and says that he is publisher of The Jackson Herald, and that the attached copy of notice of intention to introduce legislation was published in three separate issues, in The Jackson Herald,

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the official organ of Jackson County. Tom Williams, Publisher, The Jackson Herald Sworn to and subscribed before me this 16 day of February, 1959. Wallace E. Nelson Notary Public, Georgia, State at Large. My Commission expires March 5, 1960. (Seal). Approved March 17, 1959. COMPENSATION TO MRS. EARL HILBURN. No. 43 (House Resolution No. 26-41). A Resolution. To compensate Mrs. Earl Hilburn and other purposes. Whereas, on July 17, 1958, Bobby Hilburn, Dublin, Georgia, was driving north on Hodges Street in Dublin, Georgia and he is the minor son of Mrs. Earl Hilburn and said car was owned by her, and Whereas, a State owned patrol car driven by B. A. Snipes, an employee of the State did hit the left front of a car driven by Bobby Hilburn. Whereas, State employee, admits he was in fault causing damage to the Hilburn car to the extent of one hundred forty and 71/100 ($140.71) dollars as shown by bill attached. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Public

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Safety is hereby authorized and directed to pay Mrs. Earl Hilburn, Dublin, Georgia the sum of $140.71 as compensation set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved March 17, 1959. COMPENSATION TO WILBUR F. POWERS. No. 44 (House Resolution No. 38-71). A Resolution. To compensate Wilbur F. Powers of Newnan, Georgia; and for other purposes. Whereas, on September 16, 1958, Mary Josephine Powers of Newnan was driving a 1956 Chevrolet station wagon, owned by Wilbur F. Powers, in a northerly direction approximately one-half () mile north of Newnan on U.S. Route 29; and Whereas, a 1958 Chevrolet sedan belonging to the Department of Public Safety of the State of Georgia being operated by Charles Andrew Finger, an employee of said Department, while in the performance of his duty was traveling north on said highway, collided into the rear of the said automobile driven by Mary Josephine Powers; and Whereas, said collection caused damage to Wilbur F. Powers' station wagon in the amount of one hundred dollars ($100.00); and Whereas, said collision occurred through no fault nor negligence on the part of Mary Josephine Powers and Wilbur F. Powers, and Wilbur F. Powers to be compensated for the damage to his station wagon:

Page 3201

Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby directed and authorized to pay the sum of one hundred dollars ($100.00) to Wilbur F. Powers as compensation as set out above. Said sum shall be paid from the funds available to or appropriated to the Department of Public Safety. Approved March 17, 1959. COMPENSATION TO MRS. ANNA WATTENBARGER. No. 46 (House Resolution No. 118-322). A Resolution. To compensate Mrs. Ann Wattenbarger; and for other purposes. Whereas, on or about August 23, 1958, a 1956 Chevrolet car was damaged when hit by a car driven by George Henry Peck and belonging to the Georgia State Game and Fish Commission; and Whereas, the collision was due to the negligence of the operator of the Georgia State Game and Fish Commission vehicle, and it is only just and proper that compensation be paid for the damage to the automobile and for medical expenses incurred due to the injuries sustained by Mrs. Anna Wattenbarger; and Whereas, the damages to Mrs. Wattenbarger's automobile was two hundred forty-five dollars and ten cents ($245.10) and medical expenses incurred due to her injuries were one hundred eighty-one dollars and twenty-one cents ($181.21); 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

Page 3202

the sum of two hundred forty-five dollars and ten cents ($245.10) to Mrs. Anna Wattenbarger of Chatsworth, Georgia as full compensation for the above-mentioned automobile damage and medical expense. Said sum shall be paid from the funds appropriated to, or available to, the Georgia State Game and Fish Commission. Approved March 17, 1959. LAW BOOKS TO BUTTS SUPERIOR COURT. No. 48 (House Resolution No. 135-404). A Resolution. Whereas, many of the official reports of the Courts of Appeals and of the Supreme Court of Georgia belonging to the Clerk of the Superior Court of Butts County, have been lost or destroyed; and Whereas, a complete set of said reports are necessary in said office for the proper conduct of the official business of the county, and the courts thereof, and that of the State: Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian be and is hereby authorized and directed to furnish, without cost to said county except for payment of packing and transportation charges a complete set of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports, said books to be used by the courts and the officials of said county. Be it further resolved, that if for any reason the State Librarian cannot furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State treasury for the amount required to purchase said books as set out above. Approved March 17, 1959.

Page 3203

COMPENSATION TO SEMINOLE COUNTY. No. 67 (House Resolution No. 31-41). A Resolution. To compensate Seminole County; and for other purposes. Whereas, in the Spring of 1957 the Board of Commissioners of Roads and Revenues for Seminole County furnished and paid for materials used at the State Park located in Seminole County. Whereas, the said county commissioners acted upon the approval and authority of the Department of State Parks and the Governor of Georgia in furnishing this material to the State Park located in Seminole County. Whereas, the said county commissioners acted upon the reliance of the Department of State Parks that Seminole County would be reimbursed for the materials furnished. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of State Parks of Georgia is hereby authorized and directed to pay the sum of $5,832.24 to Seminole County, as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to the Department of State Parks. Approved March 18, 1959. FLOYD COUNTYCOMPENSATION OF MEMBERS OF BOARD OF EDUCATION. No. 418 (House Bill No. 279). An Act to provide for the compensation of the members of the County Board of Education of Floyd County; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Each member of the County Board of Education of Floyd County shall be compensated in the amount of twenty-five dollars ($25.00) per month and shall be reimbursed for his actual expenses incurred while traveling outside of Floyd County in his official capacity as a member of the board, if such travel is in the performance of his duties as a member of said board. 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, J. Battle Hall, who, on oath, deposes and says that he is representative from Floyd County and that the attached copy of notice of intention to introduce local legislation was published in the Rome News-Tribune, which is the official organ of said county, on the following dates: Jan. 16, 23, 30, 1959. J. Battle Hall Sworn to and subscribed before me this 2 day of Feb., 1959. Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. (Seal). Notice of Local Legislation. Notice is hereby given of the intention to introduce local legislation setting a salary for the Floyd County Board of Education. Signed: J. Battle Hall. Approved March 18, 1959.

Page 3205

CITY OF ELBERTONSALE OF CITY OWNED PROPERTY. No. 419 (House Bill No. 311). An Act to amend an Act incorporating the City of Elberton, approved December 19, 1896 (Ga. L. 1896, p. 148), as amended, so as to provide certain procedures relating to the sale of city property; to provide exceptions thereto; 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), as amended, is hereby amended by adding a new section, to be known as section 23C, to read as follows: Section 23C. Before any land, building or structure belonging to the City of Elberton may be legally sold, traded or exchanged, the sale, trade or exchange of such land, building or structure must be approved at two (2) successive meetings of city council. Nothing herein contained shall be construed as repealing or changing the limitation on selling any property or franchise owned by the city where the amount involved exceeds ten thousand ($10,000.00) dollars, as set out in section 1-16 of the City Code of Elberton. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. In compliance with the legal requirements in such matters, this is to notify the citizens of Elbert county that the following local legislation will be introduced at the 1959 session of the General Assembly of Georgia. Before any land, buildings or structures belonging to the City of Elberton may be legally sold, traded or exchanged. The sale, trade or exchange of such land,

Page 3206

building or structures must be approved at two successive meetings of the city council. Nothing herein contained shall be construed as repealing or changing the limitation on selling any property or franchise owned by the city where the amount involved exceeds $10,000.00, as set out in section 1-16 of the City Code of Elberton. City Council of Elberton. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. H. Miller, who, on oath, deposes and says that he is representative from Elbert County, and that the attached copy of notice of intention to introduce local legislation was published in the Elberton Star, which is the official organ of said county, on the following dates: January 6, January 13 and January 20, 1959. /s/ J. H. Miller Representative, Elbert County. Sworn to and subscribed before me this 2nd day of February, 1959. /s/ G. Hughel Harrison Notary Public, Georgia, State at Large My Commission Expires April 30, 1961. (Seal). Approved March 18, 1959. CITY OF COLLINSCHARTER AMENDED. No. 420 (House Bill No. 445). An Act to amend an Act approved March 3rd, 1943, incorporating the City of Collins, so as to provide that the mayor and five councilmen shall all be elected at

Page 3207

the same time; to provide that three candidates for council to be elected in 1959 shall be elected for terms of one year each; to provide for the appointment of a recorder for said City of Collins by the mayor and council and to provide for his duties and compensation, and for other purposes. Section 1. An Act to incorporate the City of Collins approved March 3rd, 1943, is hereby amended by striking therefrom Section 5, relating to the election of a mayor and councilmen, and by substituting in lieu thereof a new Section 5 to read as follows: Section 5. Elections for mayor and councilmen of the City of Collins shall be held biennially on the third Monday 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 three councilmen in 1959, 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 five councilmen in 1960, and at all elections for mayor and 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 of said city. Elections of mayor and councilmen. Section 2. Be it further enacted by the authority aforesaid, that section 18 of said Act be and the same is hereby repealed in its entirety and a new Section inserted in lieu thereof as section 18 to read as follows: Section 18. Be it further enacted by the authority aforesaid, That there shall be a police court in and for said city for the trial of all persons accused of offenses against the laws and ordinances of said city, to be presided over by the recorder in the council chambers, as often as necessary. In the absence of or disqualification of the recorder, the mayor or mayor pro tem. shall preside

Page 3208

in said court, and in the absence or disqualification of the mayor or mayor pro tem. any councilman may hold said court. Said court shall have power to preserve order, compel the attendance of witnesses, and to punish for contempt by imprisonment not exceeding five days in the city prison or in the county jail of Tattnall County or by fine not exceeding one hundred dollars; and said fine may be collected by execution issued by the clerk and levied by the marshal or any of his deputies. Said police court shall be authorized and empowered to punish by imprisonment in the city prison for a term not exceeding thirty days; by compelling the offender to labor upon the streets of said city for and during the space of sixty days, by fine not exceeding one hundred dollars, which fine may be collected by execution, either one or both, or all of said penalties, in the sound direction of the court. Either one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and the chief of police of said city shall be entitled to receive such cost and fees as the city council may prescribe from the defendant or losing party. Recorder's court. Section 3. Be enacted by the authority aforesaid that said Act is hereby amended by adding a new section to said Act to Incorporate the City of Collins, approved March 3rd, 1943, to be numbered section 59, to read as follows: Section 59. Be it enacted by the authority aforesaid that the mayor and council of the City of Collins shall have power and authority to appoint and elect a recorder for said city, and to provide for the length of term of service, to provide for his compensation, and said mayor and council are authorized hereby by majority vote to remove said recorder from office. Recorder. 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.

Page 3209

Notice of Local Legislation. Notice is hereby given that legislation will be introduced in the forthcoming session of the General Assembly to amend the charter of the City of Collins to provide that the office of mayor and all places on the city council of the City of Collins be filed at the same election beginning in 1961, and for the creation of the office of recorder for the City of Collins. /s/ R. Jack Kennedy, Mayor, City of Collins. Georgia, Tattnall County. Personally appeared before me, the undersigned attesting officer duly authorized by law to administer oaths, Russell B. Rhoden, who, being first duly sworn, deposes and says that he is the editor and publisher of The Tattnall Journal, the newspaper in which the sheriff's advertisements in and for said county are published. That the above and foregoing Notice of Intention to Apply for Local Legislation has been published in said newspaper once a week for three weeks, same having appeared in the regular issues of January 15, 22nd, and 29th, 1959. /s/ Russell B. Rhoden Sworn to and subscribed before me this 7th day of February, 1959. June Woods Deputy Clerk, S. C. Tatt. Co., Ga. (Seal). Approved March 18, 1959.

Page 3210

CITY OF EASTMANCHARTER AMENDED. No. 421 (House Bill No. 522). An Act to amend an Act creating a new charter for the City of Eastman (Ga. L. 1921, p. 883), as amended by an Act approved March 7, 1955, (Ga. L. 1955, p. 2986), as amended by an Act approved February 19, 1958 (Ga. L. 1958, p. 2220), so as to find the corporate limits of said city, the compensation of the councilmen, the powers of the recorder's court; and for other purposes. Be it enacted by the authority of the General Assembly of Georgia and it is hereby enacted by the authority of the same as follows, to-wit: Section 1. Section 3 of that certain Act of the General Assembly of Georgia, approved August 6, 1921, (Ga. L. 1921, p.883), as amended by section 1 of an Act approved February 19, 1958 (Ga. L. 1958, p. 2220), is hereby stricken as thus amended, and the following is inserted in lieu thereof: Section 3. The corporate limits of the City of Eastman shall embrace, and shall include all of the following described territory, except as herein excepted, within the following described boundaries, to-wit: Begin at the east corner of lot of land no. 308 in the 16th land district of Dodge County, Georgia, and run in a southwesterly direction along the southeast lot line of said lot to the south corner thereof, which is also the east corner of lot of land no. 8 in the 15th land district of Dodge County, Georgia, thence along the southeast lot line of lot of land no. 8 in a southwesterly direction to the southwest right of way line of the Southern Railway Company; thence in a southeasterly direction along the southwest right of way line of the Southern Railway Company in lot of land no. 7 in the 15th land district of said county a distance of 1150 feet, more or less, to the property line dividing the properties of Stuckey's, Inc. and Mc-Cranie Lumber Company; thence in a southwesterly direction

Page 3211

along the property line of Stuckey's, Inc. to the southwest right of way line of the Eastman-McRae Highway, also known as U. S. Highway No. 341; thence in a northwesterly direction along said southwest highway right of way line a distance of 1150 feet, more or less, to the southeast lot line of said lot of land no. 8; thence in a southwesterly direction along said lot line to the south corner of sail lot no. 8; thence in a northwesterly direction along the southwest lot line of lot no. 8 to the west corner of lot no. 8, which is also the east corner of lot no. 22; thence in a southwesterly direction along the southeast lot line of said lot no. 22 to the south corner thereof; thence in a northwesterly direction along the southwest lot line of said lot no. 22 to the west corner of said lot no. 22, which is also the south corner of lot of land no. 21 in said land district; thence in a northwesterly direction along the southwest lot line of said lot no. 21 to the west corner thereof, which is also the south corner of lot of land no. 20; thence in a northwesterly direction along the southwest lot line of said lot no. 20 to a point midway between the south and west corners thereof; thence at right angles in a northeasterly direction and parallel with the southeast lot line to a point on the northeast lot line of said lot no. 20 which is midway between the east and north corners thereof; thence along the northeast lot line of said lot no. 20 in a northwesterly direction to the north corner of said lot no. 20, which is also the east corner of land lot no. 11 in said 15th land district; thence along the northwest lot line of said lot no. 11 in a northeasterly direction to the north corner of said lot no. 11; thence to the west corner of lot of land no. 311 in the 16th land district of Dodge County, Georgia; thence in a northeasterly direction along the northwest lot line of said lot no. 11 to the north corner thereof, which is also the west corner of lot of land no. 290 in said 16th land district; thence along the northwest lot line of said lot no. 290 in a northeasterly direction a distance of 800 feet; thence in a southeasterly direction and parallel with the southwest lot line of said lot through lots of land nos. 290, 291, 292 and 293 to the southeast lot

Page 3212

line of said lot of land no. 293 at a point which is 800 feet northeast of the south corner of said lot; thence along the southeast lot line in a southwesterly direction to the south corner of said lot no. 293, which is also the east corner of lot of land no. 308 in the 16th land district of Dodge County, Georgia, the point of beginning; excepting from the above described area all property now owned by the Eastman Cotton Mill, a corporation, other than Williamson Warehouse property. Corporate limits. Section 2. That section 29 of the Act of the General Assembly of Georgia approved August 6, 1921, (Ga. L. 1921, pp. 883, 898), as amended by that certain Act of the General Assembly of Georgia approved March 7, 1955, (Ga. L. 1955, pp. 2986, 2992), be and the same is hereby amended by striking said section as amended in its entirety and substituting in lieu thereof the following: The persons elected as members of the council under this Act shall attend on the first Monday in December, or as soon thereafter as possible, after their election, at the council chamber of the City of Eastman for the purpose of qualifying and taking the oath of office. Each councilman shall apply before some judge, or justice of the peace, the following oath: I....., do solemnly swear that I will well and truly perform the duties as a member of the council of the City of Eastman by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Eastman and the common interest thereof, so help me, God. They shall enter upon the duties of their office on January 1st following the taking and subscribing to said oath. The compensation to be paid to the members of the council shall be $10.00 per meeting attended for each councilman; they shall elect each year from their number a chairman and a vice chairman. The council shall hold at least two regular meetings a month and such other regular or special meetings as the council shall from time to time determine. All meetings of the council shall be open to the public. Oath and compensation of councilmen. Section 3. That that portion of section 45 of the Act

Page 3213

of the General Assembly of Georgia approved August 6, 1921 (Ga. L. 1921, pp. 883, 904), be amended by striking the words two hundred dollars and substituting in lieu thereof the words five hundred dollars, so that the portion of said section as amended shall read as follows: Section 45. The recorder shall have power to impose fines for the violation of any law or ordinance of the city passed in accordance with its charter to an amount not exceeding five hundred dollars, by confinement in the chain gang of said city for a term of not more than six months, or by confinement in the guardhouse or jail of said city, or the county jail of Dodge County, for a term of not more than ninety days, either or all in the discretion of said recorder;... Recorder's court. Section 4. All laws and parts of laws in conflict with this law are hereby repealed. Georgia, Dodge County. Notice is hereby given that the undersigned will apply for passage at the January, 1959, session of the General Assembly of Georgia a Bill amending the Acts of the General Assembly of Georgia creating the City of Eastman, and the several Acts of the General Assembly amendatory thereto, to define the limits of said city, the compensation of the councilmen, the powers of the recorder's court, and for other purposes. This January 20, 1959. /s/ W. S. Stuckey Representative, Dodge County, Georgia Georgia, Dodge County. I, E. T. Methvin, do certify that I am publisher of the Times-Journal, the official organ of Dodge County, Georgia, and that the foregoing notice was published in said

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Times-Journal in the issues appearing on January 21st and 28th and on February 4, 1959. This February 7, 1959. /s/ E. T. Methvin Approved March 18, 1959. JACKSON COUNTYANNUAL AUDITS No. 423 (House Bill No. 565). An Act to amend an Act creating a Board of County Commissioners for the County of Jackson, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, so as to provide for a complete audit of the fiscal affairs of Jackson County for a period of not less than two years preceding the effective date of this Act; to provide that such audit shall be made by a non-resident certified public accountant; to provide for the employment, duties and compensation of such auditor; to provide that the results of such audit shall be made available for inspection by residents of Jackson Countoy and any other person who has any interest therein; to provide a procedure connected with the foregoing; to provide for an annual audit, the disposition thereof, and the procedure connected with the publication of the findings of such an audit; 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 Jackson, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, is hereby amended by inserting a new section to be numbered Section 8A, to read as follows: Section 8A. Any other provision of this Act to the contrary notwithstanding and in addition to the other

Page 3215

duties hereinbefore imposed, it shall be the duty of the Board of Commissioners of Jackson County, acting through a majority thereof, to employ the services of a non-resident certified public accountant to make a complete and detailed audit of the fiscal affairs of Jackson County for a period of not less than two years immediately preceding the effective date of this Act, and for such longer period of time as said auditors shall determine necessary to accurately reflect the fiscal affairs of Jackson County for such period of time. The non-resident certified public accountant specified herein shall be employed by the board to begin work on such audit within ten days after the approval of this Act. Such audit shall be completed as soon as possible, but not later than May 1, 1959. The expense of such audit shall be paid from the funds of Jackson County. The complete audit provided herein shall be filed in the office of the clerk of the superior court by the auditor and shall be available for inspection by the residents of Jackson County and by any other person who has any interest therein. It shall be the duty of the auditor to cause a summary of the audit, including a summary of the findings of the auditor, to be published in the official organ of Jackson County, and the expense of such publication shall be included in the cost of the audit. The commissioners may cause a summary of the audit herein provided, including a summary of the findings of the auditor, to be published also in any other newspaper published in Jackson County. Provided, however, that any audit completed by a non-resident certified public accountant employed by the commissioners that substantially complies with the requirements of this section shall be a satisfaction thereof, and no additional audit shall be required or authorized as herein provided. Audit of prior years. Section 2. Said Act as amended is further amended by inserting a new section to be numbered Section 8B, to read: Section 8B. After the initial audit provided in section 8A shall have been completed and notwithstanding any other provision of this Act, it shall be the duty of the Commissioners of Roads and Revenues of Jackson County

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to cause an annual audit of the fiscal affairs of Jackson County to be made by a non-resident certified public accountant. The auditors shall be employed not later than the first meeting in January of each year for the purpose of auditing the fiscal affairs of Jackson County for the immediately preceding calendar year. The audit shall be completed so that the findings thereof, including the detailed audit, may be presented to the first grand jury convened in Jackson County in each year. The expense of such audit shall be paid from the funds of Jackson County. It shall be the duty of the auditor to publish a summary of the audit, including the findings of the auditor, in the official organ of Jackson County and the cost of such publication shall be included in the cost of the auditor. It shall be the duty of the auditor to file the audit in the office of the Clerk of Superior Court of Jackson County and the audit shall be available for inspection by interested persons. Future annual audits. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The Jackson HeraldThursday, January 29, 1959. This is Notice pertaining to local legislation of Jackson County. The Jackson HeraldThursday, February 5, 1959. This is Notice pertaining to local legislation of Jackson County. Georgia, Jackson County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Williams, who on oath, deposes and says that he is publisher of The Jackson Herald, and that the attached copy of notice of intention to introduce legislation was published in three separate issues, in The Jackson Herald,

Page 3217

the official organ of Jackson. /s/ Tom Williams, Publisher The Jackson Herald. Sworn to and subscribed before me this 16th day of February, 1959. /s/ Wallace E. Nelson Notary Public, Georgia, State at Large My Commission Expires March 5, 1960. (Seal). Approved March 24, 1959. CITY OF SMYRNACHARTER AMENDED. No. 424 (House Bill No. 497). An Act to amend an Act of the General Assembly of Georgia, approved August 27, 1931 (Ga. L. 1931, p. 955), being an Act to create a new charter for the City of Smyrna, and all Acts amendatory thereof, so as to provide for civil service for the police and fire departments of said city and to permit other departments of said city to have civil service status when brought under the terms of this law, as provided herein; also so as to increase the corporate limits of said City of Smyrna; and also to require that a person elected to the office of mayor and councilman of said city must receive a majority of the votes cast in the election for such offices in said city; and also to require a person to be a resident and freeholder of said city for at least one year in order to be eligible for the office of mayor or councilman of said city; and also to alter the provisions for filling a vacancy in the offices of mayor or councilman of said city; to repeal conflicting laws; and for other purposes.

Page 3218

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same as follows: Section 1. There shall be added to the charter of the City of Smyrna, as provided in Georgia Laws 1931, pp. 955-988, as amended, a new section to be known and designated as section 77, to include the following: Paragraph 1. (a). All officers and members of the fire and police departments of the City of Smyrna, including the chiefs of said departments, must and shall be under and governed by the civil service regulations, under the directions and supervision of a board of civil service hereinafter created, and all persons who may hereafter be elected or appointed as officers or members of such departments shall thereafter remain and continue in their respective employment as such municipal officers and employees during good behavior, efficiency and obedience to such reasonable rules and regulations as may from time to time be prescribed by said civil service board as hereinafter provided; provided, however, that nothing herein contained shall be construed to prevent or preclude the removal of any officer or member of said fire or police departments of the City of Smyrna by said civil service board for cause, in the manner hereinafter prescribed. Civil service. (b). The members and employees of any other department of the City of Smyrna may come under and be included in the provisions of this Act upon written petition of a majority of the persons in the department, addressed to the civil service board of said city, when approved by unanimous vote of said civil service board. The action taken by the civil service board upon any such petition shall be duly recorded in the minutes of their proceedings and when approved by unanimous vote of said body, the members of the petitioning department of said city shall thereafter be vested with all the rights, entitlements, and obligations imposed by this Act upon the fire and police departments of said city and all matters of employment, conduct, suspension, termination, and status of the members thereof, including the

Page 3219

head of said department, shall be in accordance with the provisions of this Act and any regulations promulgated in implementation thereof. (c). When other departments of said city are brought under the provisions of this Act, as hereinabove provided, the heads of said departments shall have the same rights and obligations vested in and imposed upon the chiefs of the fire and police departments of the city, and shall be employed and discharged in the same manner as the chiefs of said fire and police departments. Paragraph 2. The following definitions, as used hereinafter, shall apply: Members of the Fire Department: The words Members of the Fire Department, as used herein, shall mean and include the chief of the fire department, assistant chief of the fire department, captains, lieutenants, engineers, assistant engineers and firemen, fire inspectors, and all others who are regularly carried on the payroll of such fire department, and in addition to these specifically named hereinbefore such others as such civil service board may find and designate to properly be such members, respectively, of said fire department. Members of the Police Department: The words Members of the police department, as used herein, shall mean and include the city marshal which shall be construed to be, or mean chief of police, and all officers of said department, the patrolmen, plain clothesmen, and such other persons as such civil service board may find and designate to properly be such members, respectively, of said police department. Freeholder: The word Freeholder as used in this Act shall mean and include any citizen of the City of Smyrna who owns land in said city and it shall also include any such citizen who owns an interest in land in said city greater than a 75 year estate for years. Paragraph 3. Within thirty days after the passage

Page 3220

and approval of this Act, the mayor and council of the City of Smyrna shall appoint a resident and freeholder of said city as a member of said civil service board for a term of six years; the members of the fire and police departments, by secret ballot, shall elect a resident and freeholder of said city of Smyrna as a member of said civil service board for a term for four years, which election shall be certified by the chiefs of the fire and police departments to the mayor and council of the City of Smyrna and entered upon the minutes of said council. The two men so selected shall select a third resident and free holder of Smyrna for a term of two years, whose selection shall be in writing and signed by them and entered upon the minutes of the mayor and council of the City of Smyrna. Provided if the two men first selected as above provided, that is the person selected by the mayor and council of the City of Smyrna and the person selected by the members of the fire and police departments of said city, shall fail within 30 days after their election to agree on and designate such third member of the civil service board, then in such event both of said members shall resign and successors shall immediately be selected in the manner in which such two members were selected. In the event of a vacancy upon said board caused by death, resignation or other cause, the vacancy shall be filled by election by either the mayor and council of the City of Smyrna, the members of the departments of the city subject to the provisions of this Act, or the two members of said board who shall elect such successor for the unexpired term. If any member of the civil service board shall miss and fail to attend any two consecutive meetings of the board duly and properly called as herein provided, then in such event the mayor and council of the City of Smyrna at any regular or special meeting may by resolution terminate the term of such member and declare that a vacancy exists on said board which shall be filled as above provided. No person shall be eligible to be a member of said board who holds any office of profit or trust under the city, county or state, or who is less than twenty-five years of age or over sixty-five years of age, and who is

Page 3221

not a freeholder and a bona fide resident and qualified voter of said city. At the expiration of the term of each member, a successor shall be elected by the mayor and council to fill the office of the member elected by them and by the members of the departments subject to the provisions of this Act to fill the office of the member elected by the members of the police and fire departments and the third member's term shall be filled as hereinabove provided. There shall be three members of said board at all times and a member shall be eligible to succeed himself if duly elected to do so. All persons elected for a full term after the first term shall be elected for a six year term. Civil service board. Paragraph 4. Every person who shall be elected as a member of such civil service board according to the provisions of this Act shall, within fifteen days after such election, qualify by taking oath that he is eligible for said office and will execute the duties of the same according to the best of his knowledge and ability, and such other oath as may be required by the charter of the City of Smyrna and the laws of the State of Georgia of public officials. Such oath shall be administered by any person authorized by law to administer oaths, and a copy thereof filed with the clerk of the mayor and council of the City of Smyrna. Oath. Paragraph 5. 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 changes in such rules. The chiefs of the fire and police departments and the heads of any other departments brought within the provisions of this Act, respectively shall, from the membership of their departments, recommend for promotion such persons as the occasion may call for to fill 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 and the heads

Page 3222

of any other departments brought under this Act 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 said departments shall have authority to suspend, without pay, any members of their respective departments upon cause, for periods not to exceed 15 days, without a hearing by the civil service board; suspensions for periods in excess of 15 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 Smyrna (such number is to be fixed by the mayor and council of the City of Smyrna), the men last employed shall be the first to be dropped, and so on in succession. The same shall also apply to employees of any other department of said city brought under this Act. Same, rules, etc. Paragraph 6. In case of suspension or discharge of any member of the civil service system of the City of Smyrna 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. Review. Paragraph 7. All applicants for place or position on departments of the city covered by this Act shall file their applications in writing with the civil service board, said applications to be on the blank forms furnished by the board, and all applicants must be subject to examinations, which shall be public and competitive, and open to all citizens of the United States, within limits as to age, health, habits, and moral character, to be fixed by said civil service board. Said examinations shall be both oral and written and shall be practical in their character and shall relate to those matters which will fairly test the capacity of the persons examined to discharge intelligently the duties of the position to which they aspire. Applicants for employment.

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Paragraph 8. The board shall control all examinations, and whenever an examination is to take place, shall conduct such examination. Every applicant for examination shall pay to the board clerk the sum of $3.00, and the receipt therefor shall be attached to his application. Provided that before any such examination is held that public notice of same shall be given at least 15 days prior to same. Such public notice shall be posted in at least three prominent places, two in the City of Smyrna, which shall be as follows: The city hall and post office, and one in the Cobb County Courthouse, and it shall also be run once a week for two weeks in a newspaper of general circulation in the City of Smyrna and Cobb County. Same, examinations. Paragraph 9. The board shall maintain an eligible list for each job vacancy, consisting of the names and addresses of all eligible candidates for such job vacancy, until same has been filled. The chiefs or heads of any department 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 or heads of the respective departments may select one of the three so certified to him to fill such vacancy, or may request the board to furnish him with the name and address of three additional candidates from which he may fill said vacancy. All appointments shall be on probation for a period of three months from the date of the appointment, and at any time before the expiration date of said probationary period the chiefs or heads of said departments, respectively, with the consent of the 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, list of eligible candidates. Paragraph 10. In the event any vacancy occurs in the office of the chief of the fire department or in the office

Page 3224

of the chief of the police department, or in the head of any other department brought within the provisions of this Act, the civil service board shall submit to the mayor and council of the City of Smyrna the names of three persons deemed qualified to fill such positions. Such submission shall be made to the mayor and council in open session by a member or members of the civil service board, together with any comments that such board or any member thereof care to make concerning same. At the next regular or special meeting of the mayor and council there shall be selected from the three persons so submitted the new chief of the police or fire department, or head of any other department covered by this Act, as the case may be. Filling of vacancies. Paragraph 11. No member of any department covered by this Act shall be removed or discharged, nor shall the chief or head of any department covered by this Act be removed, discharged or demoted except for cause upon written charges or complaint and after an opportunity for an open public hearing in his own defense before the civil service board. Such charge shall be served upon such person at least five days before the date fixed for such hearing. Such charges shall be investigated by and before the civil service board after service upon the person charged with a copy of the charges, as hereinbefore provided. The decision of the board thereon shall be given in writing to the accused, and a copy thereof filed with the clerk of the mayor and council of the City of Smyrna. In all proceedings before the civil service board the city attorney shall appear and represent the interest of the city when ordered to do so by the civil service board, if approved by the mayor and council. The person against whom charges are preferred shall have the right to employ counsel to represent him on the hearing before said board. Said board shall have power to subpoena witnesses, both in behalf of the city and of the accused, and to require the production of any books, papers or records material to the issues in said case, by subpoena to be issued in the same manner as subpoenas are issued by the recorder's court of the City of Smyrna, signed by the chairman of said

Page 3225

board, and said board shall have power to punish for contempt by a fine not to exceed $10.00 or imprisonment not to exceed five days, any person willfully failing or refusing to obey such subpoena. Removal of employees. Paragraph 12. In the course of any investigation by said civil service board, any member thereof shall have the power to administer oaths to any witness. Hearings. Paragraph 13. The civil service board shall at all times have access to all files, records, and data of the fire and police departments of the City of Smyrna and any other departments covered under this Act, and on request to either the chief or head of said department or the clerk of the Mayor and Council of the City of Smyrna must be furnished with any such record information as may be approved by the mayor and council and upon their request the chief or head of such department shall furnish to them the name of any employee or member of either department whom they may suggest for the purpose of making any investigation concerning the operation of said department or the conduct of any member of said department. Access to records. Paragraph 14. Said civil service board shall elect one of its members as chairman, who shall hold office as such chairman at the pleasure of the board. Said civil service board shall hold regular meetings on the third Mondays in January, April, July and October, for the transaction of any business that may come before it and may hold special, adjourned or call meetings at any time that the same may be called by the chairman of said board or by any two members thereof. In the case of any and all special or called meetings of the board, called in the manner hereinbefore provided, the clerk of the board, which clerk shall be the City Clerk of the City of Smyrna, shall give all members of the board five days written notice of such call or special meeting; and such meeting can not be legally held unless each member receives such five days written notice or waives same in writing. Provided, however, that if a member absences himself from the city for more than 30 continuous days;

Page 3226

then in such event a meeting may be duly and regularly held upon giving the requisite notice to the other two members of the board. At any regular, special or call meeting any two members of the board shall constitute a quorum for the transaction of business and the votes of any two members of the board shall be sufficient to transact its business. All meetings of the board shall be held in the city hall of the City of Smyrna, or in such place as the city council holds its meetings. Chairman of board, etc. Paragraph 15. Said civil service board shall keep minutes of their meetings and records of all business transacted by them at each and every meeting. All such minutes and records shall be open to inspection at all times by the public and shall be on file in the office of the clerk of the mayor and council of the City of Smyrna. The clerk of the board, or his designee, shall attend all meetings of said civil service board and shall keep the minutes and records of same. Minutes. Paragraph 16. The compensation of the members and clerk of said civil service board shall be $10.00 for each of them for each meeting attended. The mayor and council of the City of Smyrna shall provide for the payment of the salaries of the members of said civil service board and the clerk, and the payment of all expenses of said board, if approved by the mayor and council, and shall provide in the annual budget for the estimation and appropriation of a sufficient amount to cover same. Compensation. Paragraph 17. No officer or employee or member of said fire or police department, or any other department brought under this Act, shall solicit orally or by letter or otherwise, or receive or be in any manner concerned, in soliciting a vote, or votes or receiving any assessment or subscription or contribution for any candidate for any municipal office of the City of Smyrna. Politics. Paragraph 18. No member of said fire or police department, or other department brought under this Act, shall in any wise undertake or threaten to degrade, discharge or demote, or in any manner change the official

Page 3227

rank or pay of any officer or employee of said departments, or promise or threaten to do so, for giving or withholding or neglecting to make any contribution of money or any valuable thing for any person, party or for any political purpose whatsoever, or for the suport of any candidate. No member of said departments shall receive any promotion as a reward for his support of any candidate or political party, and no member of said departments shall be reduced in rank or pay or discharged for his failure to support any candidate for political office. Same. Paragraph 19. No recommendation made by any officer or official, whether said officer or official be a city, county, State or National officer or official, of any person being examined for membership in said department shall be considered by the civil service board except as the same may apply to the general moral character of the applicant. Same. Paragraph 20. Any member of any department covered by this Act employed by appointment under the civil service rules who shall willfully, or through culpable negligence violate any provisions of this Act, or any criminal statute of this State, or such ordinance of this City, or the rules of said civil service board or of said departments, shall be dismissed from the services of the city, as hereinafter provided, and shall not be subject to reappointment for two years thereafter. Violations. Paragraph 21. Any officer or employee of the city other than those holding office under the civil service rules who shall willfully, or through culpable negligence violate any of the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof in the recorder's court be fined a sum of not more than $100.00 or sentenced to serve not more than thirty days in the jail of said city. Crimes. Paragraph 22. Every member of the department of the City of Smyrna coming within the provisions of this Act, who shall have been such member for a period of

Page 3228

two years, in any capacity, though not consecutively, prior to the day upon which this Act shall go into effect, shall retain his position without examination, and be subject to all the conditions and benefits of this civil service law. This provision shall apply to the chiefs or heads of said departments, the assistant chiefs and all officers in their present positions. Waiver of examination. Paragraph 23. No person shall be eligible to take the civil service examination or to be appointed as a member of the departments of the City of Smyrna covered under the provisions of this Act, who is not a cititzen of the United States or who has ever been convicted of a felony, or who does not possess a good moral character. Examinations. Paragraph 24. The civil service board, shall, within ninety days from their appointment, adopt and have a printed copy of such rules and regulations for the government of the departments of said city which come under the provisions of this Act, as may be consistent with this Act. Said board shall have the power and authority to fix the maximum and minimum age limits of applicants as it may see fit to supplement this Act, and same shall be subject to approval by the mayor and council of the City of Smyrna and shall only be effective on and after the date of such approval. Rules, etc. Paragraph 25. Any member of the civil service board who shall violate any of the provisions of this Act shall be subject to removal by a majority vote of the mayor and council of the City of Smyrna after a full hearing before same and after having been served such written notice of the charges against him five days before the date set for such hearing. The findings of the said mayor and council of the City of Smyrna upon such a hearing shall be final and conclusive and such person so removed shall not thereafter be eligible for re-election upon said board for a period of five years. If so removed his successor shall be elected in the same manner as he was elected. Crimes. Paragraph 26. In the event any word, section, paragraph,

Page 3229

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 separate and divisible parts and provisions in such event. Construction. Section 2. There shall also be added to the charter of the City of Smyrna as provided in Georgia Laws 1931, pp. 955-988, as amended, a new section to be known as section 4 (f), which shall be inserted between sections 4 (e) and 5 of said Act, as amended, and which shall read as follows: Section 4 (f). There shall be included in the corporate limits of the City of Smyrna, in addition to the area described in section 4, 4(a), 4(b), 4(c), 4(d), and 4(e) 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 lot 302 of the 17th district, second section, of Cobb County, Georgia, known as T. A. Mealeytract one, and being more particularly described as follows: beginning at an iron pin on the west side of Concord Road three hundred ninety-five (395) feet north of the intersection of the west side of Concord Road with the south line of land lot 302, and running thence north along the west side of Concord Road one hundred twenty-five (125) feet to an iron pin; thence west four hundred twenty-eight (428) feet to an iron pin found; thence southwesterly one hundred seventeen (117) feet to a stake; thence east four hundred ninety one (491) feet to the west side of Concord Road and the beginning point, being improved property. Above property description being in accordance with blue print of survey prepared by W. T. Poston, Reg. No. 604, dated August 31, 1954. Parcel Two: All that tract or parcel of land lying and being in land lot no. 302, 17th district, 2nd section, Cobb County, Georgia, known as T. A. Mealeytract no. two, and being a tract 2.9 acres according to a survey

Page 3230

made by J. J. Phillips, Surveyor, June 10, 1957, and being more particularly described as follows: Beginning at a point 150 feet north of the northwest corner of Jones-Shaw and Old Concord Road at an iron pin running north along the west side of Old Concord Road a distance of 227 feet to an iron pin; thence running in a northwesterly direction 492 feet to an iron pin; thence in a southwesterly direction 315 feet to an iron pin; thence running east a distance of 137.3 feet to an iron pin; thence running in a northeasterly direction 165 feet to an iron pin; thence running southeasterly 89 feet to an iron pin; thence running easterly 171 feet to an iron pin; thence running south 55.5 feet to an iron pin and corner; thence running east, bounded on the south by the Georgia Power Company property, a distance of 150 feet to the point of beginning. Parcel Three: All that tract or parcel of land lying and being in original land lot 302, 17th district, 2nd section, Cobb County, Georgia, which is property of Mrs. Lillian V. Meager, being more particularly described as follows: Beginning at a point on the west side of Old Concord Road five hundred two (502) feet north of the intersection of the south original line of said land lot with the west side of said Concord Road; running thence north along the west side of said Concord Road one hundred thirty five (135) feet to a point and corner; thence west or westerly three hundred seventy six (376) feet to a point; thence south or southerly one hundred thirty eight and five tenths (138.5) feet to a point and corner; thence east or easterly four hundred nineteen and five tenths (419.5) feet to a point of beginning. Above described property being the same as described in Deed to James R. Johnston by E. W. Thomas, recorded in deed book 205, page 52, Cobb County records, and by same party dated March 27, 1950. Parcel Four: All that tract or parcel of land lying and being in land lot 347, 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as: Beginning at a point on the east side of

Page 3231

the right-of-way of Old Concord Road a distance of one hundred sixty-five (165) feet north of the northeast intersection of the right-of-ways of Jones-Shaw Road and Old Concord Road; thence running north a distance of eight hundred eighty-two (882) feet to a point and corner; and the intersection of the right-of-ways of Old Concord Road and South Cobb Drive; thence running along the right-of-way of South Cobb Drive in a southeasterly direction a distance of nine hundred thirty-five and one-tenth (935.1) feet to a point and corner; thence running west a distance of two hundred eighty-nine (289) feet to the point of beginning, this being the property of Altmo Realty Company, Incorporated, as recorded in the Cobb County records. Parcel Five: All that tract or parcel of land lying and being in land lots 410-411 of the 17th district, 2nd section, of Cobb County, Georgia, known as Cardinal Lake Manor subdivision, and being a portion of Margaret K. Bassin property, being more particularly described as follows: Beginning at land lots corner 410-411 iron pin corner; thence south 1 20[prime] E. 1307.6 feet to land lot corner 409-410; thence south 88 30[prime] west 559 feet to iron pin on land lot line; thence north 85 30[prime] east 513 feet to iron pipe; thence north 72 west 50 feet to iron pin at water line of lake; thence following along east shore line of lake 920.2 feet to iron pin corner; thence north 2 west 128 feet to iron pin corner; thence north 3 15[prime] east 160 feet to iron pin corner on south side of Lake Drive; thence west along south side Lake Drive 454.4 feet to iron pin corner; thence north 89 06 minutes east 653 feet to iron pin corner on east line land lot 411; thence south 0 59[prime] east 500 feet to point of beginning. Parcel Six: All that tract of land lying east of South Cobb Drive to Old Concord Road and being in land lot 301, 17th district, 2nd section of Cobb County, Georgia, and more particularly described per plat as follows: Beginning at an iron pipe approximately 300 feet northwesterly from intersection of South Cobb Drive and Old Concord Road and running thence east 128.5 feet to

Page 3232

Old Concord Road to an iron pipe; thence north on the west side of Old Concord Road a distance of 100 feet to an iron pipe; thence west 160.8 feet to an iron pipe at South Cobb Drive; thence south for 100 feet to the point of beginning; being property of Residential Construction Company. Parcel Seven: All that tract or parcel of land lying and being in land lot 562 of the 17th district, second section of Cobb County, Georgia, known as lot 5 of the Bill Adams property being a sub-division of the J. H. Taylor property and more particularly described as follows: Beginning at a point on the north side of Hawthorne Ave. seventy (70) feet west of the northwest intersection of Davis Avenue and Hawthorne Avenue; running thence west along the north side of Hawthorne Avenue seventy (70) feet to an iron pin found; running thence north one hundred forty (140) feet to an iron pin found; thence running east seventy (70) feet to an iron pin found; running thence south one hundred forty (140) feet to the north side of Hawthorne and the point of beginning; being improved property of Byron Townsend, having located thereon a one story frame dwelling house. The description being in accordance with a blueprint of survey prepared by E. L. Chapman, C. E. under date of November 10, 1952. Parcel Eight: All that tract or parcel of land lying and being in land lot 446 of the 17th district, 2nd section, Cobb County, Georgia, and being more fully described as follows: Beginning at a point on the east side of Belmont Circle 240 feet north from the northeast corner of Belmont Circle and Cherokee Road; running thence east 200 feet to the east line of the property of Herbert Johnson; thence running north along the east line of the Johnson Property 82.9 feet to a Hickory tree; thence running west 196 feet to an iron pin on the east side of Belmont Circle; thence south along the east side of Belmont Circle 87 feet to the point of beginning;

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being improved property known as 228 Belmont Circle. Also: All that tract or parcel of land lying and being in land lot 446 of the 17th district, 2nd section of Cobb County, Georgia, and being more fully described as follows: Beginning at a point on the east side of Belmont Circle 140 feet north from the northeast corner of Belmont Circle and Cherokee Road; thence running east along property conveyed by Herbert Johnson to Spi-Da Realty Co. 145 feet; thence running north along the property of Spi-Da Realty Co. 60 feet; thence east 55.1 feet to the east line of property of Herbert Johnson; thence running north 40 feet; thence west 200 feet to the east side of Belmont Circle; thence south along the east side of Belmont Circle 100 feet to the point of beginning; above tracts or parcels being property of Henry O. Bray. Parcel Nine: All that tract or parcel of land lying and being in land lot 446 of the 17th district, second section of Cobb County, Georgia, being part of lot 13 of sub-division of Belmont Land Co. property, as per plat recorded in plat book 1, page 65, Cobb County records, and being more properly described as follows: Beginning at the corner formed by the intersection of the north side of Cherokee Road with the easterly side of Belmont Circle and running thence east, along the north side of Cherokee Road, one hundred forty-five and five-tenths (145.5) feet to a point; running thence north, one hundred forty (140) feet to a point; running thence west, one hundred forty-five (145) feet to a point on the easterly side of Belmont Circle, and running thence southerly along the easterly side of Belmont Circle, one hundred forty (140) feet to the north side of Cherokee Road and point of beginning. Also: All that tract or parcel of land lying and being in land lot 446 of the 17th district, second section of Cobb County, Georgia, being part of lot 13 of sub-division of Belmont Land Co. property, as per plat recorded in plat book 1, page 65, Cobb County records, and being

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more properly described as follows: Beginning at a point on the north side of Cherokee Road, one hundred forty-five and five-tenths (145.5) feet east from the northeast corner of Cherokee Road and Belmont Circle, and running thence east, along the north side of Cherokee Road, sixty-five (65) feet to a point 1001.5 feet westerly from Old Marietta Highway; running thence north, two hundred (200) feet to a point, and running thence west, fifty-five and one-tenth (55.1) feet to a point, and running thence southerly two hundred (200) feet to the north side of Cherokee Road and the point of beginning, all being property of Spi-Da Realty Company. Parcel Ten: All that tract of land lying and being in land lot 491 of the 17th district and 2nd section of Cobb County, Georgia, and being a portion of lots nos. 11 and 12 of the J. C. Reed sub-division on the western side of the Marietta-Atlanta Road, as per plat recorded in plat book 1, page 138, Cobb County records, said property being more particularly described as follows: Beginning at a point on the northern side of road leading west from the Dixie Highway, sometimes known as Cherokee Farm Road, as shown on the southern side of above-mentioned plat, said beginning point being 534 feet west of said Dixie Highway at the southwest corner of property formerly owned by Harvey N. Peabody, later by W. P. Hardman; running thence west along the northern side of said Cherokee Farm Road for a distance of 67 feet to a point; running thence north through lots nos. 12 and 11 for a distance of 160 feet to an iron pin, located on the southern boundary of lot no. 10; running thence east 125 feet along the southern boundary of said lot no. 10 to a point located at the northwest corner of said Peabody property; running thence south 174 feet along western line of said Peabody property to the northern side of said Cherokee Farm Road and the point of beginning, and being the same property as conveyed by warranty deed by Alice Hazel Coble, as recorded in deed book 297, page 265, Cobb County deed records, being property of S. J. Lindsey. Parcel Eleven: All that tract or parcel of land situated,

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lying and being part of original land lot 592 of the 17th district, and second section of Cobb County, Georgia, and more particularly described as follows: Beginning at an iron pin in the outer side of the side walk, on the south side of Roswell Street and at the northwestern corner of lot number 12 of said subdivision and running a distance of 720 feet, more or less to a corner on the north side of Whitfield Street adjoining property now owned by Hugh M. Christian; thence easterly along said street a distance of 538 feet, more or less, to a corner on Clements Road, now Matthews Street; thence running northerly 66 feet, more or less, to a corner on the western side of Matthews Street; thence northerly along the east side of lot no. 14, a distance of 950 feet, more or less, to an iron pin in the northern edge of the side walk, on the south side of Roswell Street; thence westerly a distance of 300 feet, more or less, to the point of beginning. Also: All that tract or parcel of land lying in and being part of the original land lot #592 of the 17th district 2nd section of Cobb County, Georgia and being a portion of subdivision lot #11 of the Green Sams Addition to Smyrna, Georgia as per plat made by W. W. McCullough, C. E., December 6, 1906, a copy of which plat is recorded in plat book 1, page 280, Cobb County records, and being more particularly described as follows: Beginning at a point on the north side of Whitfield Street, at the southwest corner of lot #12 of said addition; said beginning point being located about five hundred thirty eight (538) feet westerly from a certain street running north and south along the eastern original land lot line of said land lot #592; running thence northerly along the east line of lot #12 of said plat two hundred (200) feet to a corner; thence in a westerly direction parallel with Whitfield Street ninety four (94) feet to a corner; thence in a southerly direction two hundred (200) feet to Whitfield Street; thence in an easterly direction along the north side of Whitfield Street ninety five (95) feet to the point of beginning, being the property of Hugh M. Christian.

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Parcel Twelve: All that tract or parcel of land lying and being in land lots 667, 668 and 702 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 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 southwesterly through land lots 667 and 668 along the north line of property owned by the State of Georgia known as the Western and Atlantic Railroad one thousand three hundred eighty-two (1382) feet to the west line of land lot 668; running thence north along the west line of said land lots 668 and 667 one thousand four hundred one (1401) feet to point of beginning, being property of Thomas J. Northcutt, Inc. Parcel Thirteen: All that tract or parcel of land lying and being in land lot 458, 17th district, 2nd section, of Cobb County, Georgia, known as lots 1, 2, 3 and 4, block D, and lots 1, 2, 4 and 5, block E, unit I, King Springs Heights subdivision, as shown upon a plat of said subdivision, dated January 5, 1956, made by Poe King Associates, and recorded in plat book 15, page 6, Cobb County records. Said lots are more particularly described as follows: Beginning at the point of intersection of the south side of Reed Drive with the west land lot line of land lot 458, as shown on said plat; thence running southerly along said west land lot line for a distance of 365 feet to a point and corner; thence running easterly as shown on said plat for a distance of 294.90 feet to the southeast corner of lot 3, block D;

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thence running southeasterly for a distance of 129.90 feet to the west side of an unnamed road extending southerly from Reed Drive; thence running northwesterly in a diagonal direction across said road to the southwest corner of lot 5, block E, as shown on said plat; thence running southeasterly along the south side of lots 4 and 5, block E, for a distance of 308.65 feet to the southeast corner of said lot 4; thence running northeasterly along the south side of lot 2 and 3, block E, for a distance of 255.45 feet to the southeast corner of lot 2, block E; thence running southeasterly along the south side of lot 1, block E, for a distance of 133.65 feet to the west side of another unnamed drive extending southerly from Reed Drive; thence running northerly along the west side of said unnamed drive for a distance of 200 feet to the point where the west side of same intersects the south side of Reed Drive; thence running along the south side of Reed Drive in a westerly direction following the curvature of said drive for a distance of 1223.15 feet to the point where the south side of Reed Drive intersects the west land lot line of land lot 458, which is the point of beginning. Also: All that tract or parcel of land lying and being in land lot 458, 17th district, 2nd section, of Cobb County, Georgia, known as lots 1 through 8, inclusive, section 2, King Springs Heights subdivision, as shown upon a plat appearing of record in plat book 18, page 54, Cobb County records. Said lots being more particularly described as follows: Beginning at the northwest corner of land lot 458, said district and section, and thence running southerly along the west land lot line for a distance of 259.80 feet to the north side of Reed Drive; thence running along the north side of Reed Drive in an easterly direction for a distance of 959.4 feet to the point where the north side of Reed Drive intersects the west side of a proposed street, as shown on said plat; thence running northerly along the west side of said proposed street for a distance of 154.9 feet to an iron pin; thence running in a westerly and northwesterly direction along the north side of said lots 2 through 8 inclusive, as shown on said plat, for a distance of 822.8

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feet to the east side of lot 1, as shown on said plat; thence running northerly along the east side of said lot 1 for a distance of 116.6 feet to the north land lot line of said land lot 458; thence running westerly along the said north land lot line for a distance of 230 feet to the northwest corner of said land lot 458, which is the point of beginning. Also: That portion of Reed Drive extending easterly from the west land lot line of land lot 458, 17th district, 2nd section, of Cobb County, Georgia, to the unnamed road immediately east of and contiguous to the east side of lot 1, block E, unit 1, King Springs Heights subdivision, as shown upon the plat of said subdivision, recorded in plat book 15, page 6, Cobb County records. Parcel No. 14: All that tract or parcel of land lying and being in the 17th district, 2nd section of Cobb County, Georgia, and being all of land lots 407, 408 and 409, each containing forty (40) acres, more or less, and being the same property conveyed by warranty deed dated April 2, 1958, from Robert Lee Baldwin and Mrs. Ginnie Legg Baldwin to Harris Robinson, also known as H. L. Robinson, which deed appears of record in deed book 338, page 45 of Cobb County records. Parcel No. 15: All that tract or parcel of land lying and being in land lots 704 and 737 of the 17th district, 2nd section, of Cobb County, Georgia, property of Thomas J. Northcutt, Inc., formerly known as the property of A. L. Crowe, Sr., containing 19 acres more or less and being more particularly described as follows: Beginning at a point 150 feet northeasterly from the north side of Spring Street at the center line of a creek located in land lot 737 and running thence northwesterly along the center line of said creek a distance of 750 feet more or less to a point and corner, thence westerly a distance of 785 feet more or less through land lots 737 and 704 to the center line of an old abandoned road in land lot 704, thence southwesterly along center line of said abandoned road a distance of 1,035 feet more or less to a point 150 feet north of Spring Street in land lot 665,

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continuing thence east and parallel with the north right-of-way line of Spring Street a distance of 1,700 feet more or less to the point of beginning. Parcel No. 16. All that tract or parcel of land lying and being in land lots 776, 777, and 778 of the 17th district, 2nd section of Cobb County, Georgia, known as property of Mrs. Ruth R. Bridges, containing 50 acres more or less, and being more particularly described as follows: Beginning at a point on the north side of Spring Street at the west line of land lot 776 running east along the north side of Spring Street a distance of 352 feet to a point and corner, thence north a distance of 1,251.49 feet to the south line of land lot 777, thence east along said line a distance of 342.67 feet to a point and corner, thence north thorugh land lots 777 and 778 a distance of 2,619.29 feet to a point and corner on the south line of land lot 779, thence west a distance of 672.89 feet to corner of land lots 734, 735, 778, and 779, thence south along the west line of land lots 778, 777, and 776 a distance of 3,864.84 feet to the point of beginning. Parcel No. 17: All that tract or parcel of land lying and being in land lots 629 and 630 of the 17th district, 2nd section, of Cobb County, Georgia, known as A. L. Crowe property and being more particularly described as follows: Beginning at a point on the northeastern side of right-of-way of State Highway No. 3, 1,390 feet, more or less, northwesterly from the northwest intersection of State Highway No. 3 and Campbell Road, and running thence north along the west line of land lots 668 and 667 a distance of 1,400 feet, more or less, across property owned by the State of Georgia known as the Western and Atlantic Railroad, to present city limits; thence northwesterly along present city limits a distance of 150 feet; thence south a distance of 1,400 feet, more or less, across previously mentioned State owned property to the northeastern right-of-way line of highway no. 3; thence southeasterly along said right-of-way a distance of 150 feet to point of beginning. Parcel No. 18: All that tract or parcel of land lying

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and being in land lots 626, 627, 628, 629, 668, 669, and 670 of the 17th district, 2nd section of Cobb County, Georgia, being property of Thomas J. Northcutt, Inc., and being more particularly described as follows: Beginning at a point located on the south land lot line of land lot 629, which point is located 150 feet west of the southeast corner of said land lot; thence running north to the north side of the Georgia State Highway No. 3; thence running southeast along the north side of said highway for a distance of 410 feet, more or less, to the west side of property now owned by J. A. Rust in land lot 668; thence running south along the west side of said Rust property to the south line of land lot 668; thence running westerly along the south line of land lots 668 and 629 for a distance of 400 feet, more or less, back to the point of beginning; also all of land lots 628, 627, 626 and 670 in said district and section. Parcel No. 19: All that tract or parcel of land lying and being in land lot 737 of the 17th district, 2nd section, of Cobb County, Georgia, known as the property of Mrs. Isoline C. Howell, containing 18 acres, more or less, and being more particularly described as follows: Beginning at a point on the north side of Spring Street at the center line of a creek located in land lot 737 and running east along the north side of Spring Street a distance of 1,160 feet, more or less, to the west line of land lot 776; thence north along the west line of said land lot a distance of 686 feet to a point and corner; thence northwesterly a distance of 1,300 feet, more or less, through land lot 737 to the center line of the previously mentioned creek; thence southeasterly and southwesterly along center line of said creek a distance of 900 feet, more or less, to the point of beginning. Section 3. The aforesaid Act creating a new charter for the City of Smyrna, as provided in Georgia Laws 1931, pp. 955-988, as amended, is further amended by striking from section 11 of said Act as amended the words: Persons receiving the highest number of votes cast

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for respective offices shall be by said managers declared elected, and the results shall be spread on the minutes of the town council.; and the following provision added in lieu thereof: A candidate for the office of mayor and councilman of said city must receive a majority of the votes cast in the election for such office in order to be elected. In the event no candidate receives a majority of the votes cast for such office, a run-off shall be held between the two candidates receiving the highest number of votes. The date of the run-off election shall be fixed by the mayor and council, provided, however, that said run-off election shall be held within thirty (30) days from the date of the regular election and in accordance with the laws and regulations provided therefor. The persons receiving a majority of the votes cast in the election for mayor and in the election for councilmen shall be by said managers declared elected to said offices and the results spread on the minutes of the city council.; Elections. so that when so amended section 11 of said Act as amended shall read as follows: Be it further enacted, that the managers of all elections held in said town, before entering upon their duties, shall each take and subscribed before some competent officer, or before one of their number, the following oath: `We and each of us do swear that we will faithfully and impartially conduct this day's election according to law. That we will permit no one to vote who is not entitled to vote, and will prevent all illegal voters to the best of our skill and power. So help us God.' Said managers shall keep, or cause to be kept, two lists of voters and two tally-sheets, which shall be secured and sealed up and the names of the managers written across the seal, and the same shall be received and certified by the clerk of the council and kept for twelve months, and if said election is not contested then the same shall be destroyed without being opened. A candidate for the office of mayor and councilman of said city must receive a majority of the votes cast in the

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election for such office in order to be elected. In the event no candidate receives a majority of the votes cast for such office, a run-off shall be held between the two candidates receiving the highest number of votes. The date of the run-off election shall be fixed by the mayor and council, provided, however, that said run-off election shall be held within thirty (30) days from the date of the regular election and in accordance with the laws and regulations provided therefor. The persons receiving a majority of the votes cast in the election for mayor and in the election for councilmen shall be by said managers declared elected to said offices and the results spread on the minutes of the city council. The mayor and council shall provide for the compensation of the managers and their clerks. Section 4. The aforesaid Act creating a new charter for the City of Smyrna, as provided in Georgia Laws 1931, pp. 955-988, as amended, is further amended by striking from section 15 the words: resided in said city, and inserting in lieu thereof the following: been a resident and freeholder in said city for not less than; and is further amended by adding at the end of said section the following: The word `freeholder' as used herein shall mean and include any citizen of said city who owns real estate in said city or has a vested interest in real estate in said city by lease or otherwise for a period of not less than seventy-five (75) years.; so that when so amended section 15 of said Act, as amended, shall read as follows: Qualifications of mayor and council. Be it further enacted that no person shall be eligible for the office of mayor or councilman of said city unless he or she shall have been a resident in said city for not less than one year immediately preceding his or her qualification for office, and a freeholder, and shall be a qualified and registered voter, eligible to vote in the municipal elections of said city for said officers and shall be over twenty-one years of age and shall not have been convicted of any crime involving moral turpitude. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor

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and councilmen, unless such candidate shall file with the clerk of the said city, fifteen days prior to the election in which he or she desires to be a candidate, his or her written notice that he or she desires that his or her name be placed on said ballot as a candidate either for mayor or councilman. Such written notice shall be in such form and shall contain such information as the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person shall file said above notice within the time above provided, and unless on or before said time he shall pay a qualification fee to said clerk in the amount of $25.00 if a candidate for mayor, and in the amount of $10.00 if a candidate for councilman, said amounts not to be refundable in the event a candidate withdraws between the date of his qualification and that of the election. The word `Freeholder' as used herein shall mean and include any citizen of said city who owns real estate in said city or has a vested interest in real estate in said city by lease or otherwise for a period of not less than seventy five (75) years. Section 5. The aforesaid Act creating a new charter for the City of Smyrna, as provided in Georgia Laws 1931, pp. 955-988, as amended, is further amended by deleting section 8 of said Act as amended and substituting in lieu thereof the following: Section 8. In the event the office of mayor or councilman should become vacant by death, resignation, removal from city, or otherwise, the mayor and council shall order an election for the purpose of filling such vacancy, in no event to exceed twenty days after vacancy is official, by giving such notice as may be determined by the mayor and council, and such election shall be held, returns made, and results declared in the same manner as in regular elections held for mayor and councilmen; provided, in case the office of mayor becomes vacant within six months preceding the regular municipal election for mayor of said city, then in that event the said vacancy shall be filled by the mayor pro tem., or by a councilman elected by the council for that purpose;

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and in case any vacancy or vacancies occur in the office of councilman within six months preceding the regular municipal election for councilmen of said city, then in that event said vacancy or vacancies shall be filled by the mayor and council by the election of any citizen of said city from the proper ward, who, in their judgment, may be deemed competent. Vacancies Section 6. Be it further enacted, that all Acts and parts of Acts regarding the charter of the City of Smyrna, or any amendments thereof, in conflict with this Act be, and the same are, hereby repealed. Section 7. Be it further enacted, however, that all the Acts heretofore passed relating to the incorporation of the City of Smyrna, including all amendatory Acts to its charter and parts of said Acts, not in conflict with this Act, and all powers belonging to said town as now incorporated, and all rules, ordinances, and regulations of said town, not in conflict with this Act, shall be and remain of full force and effect. Affidavit of Publication. 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 publisher of the Marietta Daily Journal and the Cobb County Times, the newspaper and the official organ of Cobb County, Georgia, in which sheriff's advertisements are published, and that the following is a true and correct copy of a notice of intention to apply for local legislation which notice was published in the Marietta Daily Journal and Cobb County Times on December 24, 1958, January 1-8, 1959. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Jan.-Feb. 1959 Session of the General Assembly

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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 19th day of December, 1958. Eugene W. Holcombe, Raymond M. Reed, Harold S. Willingham, Representative, Cobb County. This 17 day of January, 1959. Brooks P. Smith Publisher, Marietta Daily Journal and Cobb County Times. Sworn to and subscribed before me this 17 day of January, 1959. Yvonne Harrison Notary Public, Cobb County, Georgia. (Seal). Approved March 25, 1959. DEKALB COUNTY LOCAL GOVERNMENT COMMISSION. No. 428 (House Bill No. 507). An Act to establish a commission in DeKalb County to study the governments of DeKalb County and the municipalities located therein, for the purpose of improving local governments and to provide greater efficiency and economy; to provide that said commission may draft a plan or plans for such improvements to the governments of DeKalb County and said municipalities

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and alternate plans and submit same to members of the Georgia Assembly of DeKalb County; to provide for the organization and compensation of said commission; to provide for the publication of said plan or plans; to provide for appropriation of funds from DeKalb County for the operation of the commission; to provide for authority to accept donations and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in DeKalb County a commission to study the problems of local government therein and in the municipalities located therein either in whole or in part. Said commission shall be known as the DeKalb County Local Government Commission, and is hereinafter referred to as the Commission, and shall be composed of the following sixteen members: Jim Anderson, Mrs. C. O. Duncan, H. McKinley Conway, William C. Thibadeau, Mrs. W. M. Grubbs, Thomas O. Davis, Fay E. Mewborn, Kelsey Howington, Dr. J. R. Evans, Judson B. Ward, Dr. W. A. Mendenhall, Robert H. Farrar, Raymond W. Hargrove, Sr., Roy Blount, Reid H. Cofer and Wallace M. Alston. Created. Section 2. 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 Board of Commissioners of Roads and Revenues of DeKalb County. The first meeting of the commission within thirty days after approval of this Act by the Governor. The Board of Commissioners of Roads and Revenues of DeKalb County upon application by the commission shall provide suitable office space

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and meeting rooms for the commission. The commission shall fix the compensation of its members at an amount not exceeding ten dollars per diem and not exceeding one hundred twenty dollars for any one member during any calendar year. Quorum, chairman, rules, etc. Section 3. Vacancies occurring on the commission through death, resignation or otherwise, shall be filled by appointment of the grand jury of DeKalb County empanelled at the time such vacancy occurs or if such grand jury fails to act, by the next succeeding grand jury. Vacancies. Section 4. It shall be the function and duty of the commission to make a study of the services rendered citizens of DeKalb County by the local governments thereof in the incorporated and unincorporated areas. The Commission shall seek to determine whether these are rendered in an efficient manner; whether there are duplications of services which could be eliminated and whether there are economies which could be affected by better administrative methods; whether citizens in municipalities are being taxed to provide municipal services in unincorporated areas and whether citizens in unincorporated areas are being taxed to support municipal services in incorporated areas. The commission shall further undertake to determine if taxes levied on the citizens of DeKalb County are in line with taxes levied in other urban communities which are considered to be well managed and which provide comparable services. The commission shall gather and organize pertinent information and shall make it available to the public and shall make recommendation to the appropriate governing authorities for administrative improvements and to the General Assembly for appropriate legislative action to accomplish more efficient and economical local government for the citizens of DeKalb County. Duties. Section 5. The said commission shall have the power and authority to hold public hearings and any judge of the superior court, upon application signed by the chairman

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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 hereafter 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. Hearings, etc. Section 6. The official plan or plans when signed by a majority of the commission shall be filled by the commission with the Representatives of DeKalb County and the Senator of the 34th District in the General Assembly of Georgia, elected to serve in the next regular session of the General Assembly to be held following the adoption of such plan or plans, and with the Clerk of the Superior Court of DeKalb County, the Board of Commissioners of Roads and Revenues of DeKalb County and the city clerks of each of the municipalities located either in whole or in part within DeKalb County. The commission shall provide for publication of a reasonable number of copies of its plan or plans for distribution. Any members disagreeing with the majority of the commission may file minority reports as to such plan or plans which shall be published and distributed along with the official plan or plans. The commission shall complete its work and file its final reports as provided herein not later than the first day of December 1960, but the commission may also file a partial report not later than the first day of December 1959. Duties, reports, etc. Section 7. There is hereby appropriated out of the DeKalb County funds derived from sources other than

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taxes, the sum of fifteen thousand dollars for the purpose of carrying out the purpose of this Act, which are declared to be administrative functions of county government. The commission shall adopt a budget and expenditures shall be made in accordance therewith, provided however that not more than seventy-five hundred ($7,500.00) dollars shall be expended by the commission during the year 1959 and not more than seventy-five hundred ($7,500.00) dollars shall be expended during the year 1960. Requisitions for funds shall be signed by the chairman and secretary-treasurer of the commission and shall be paid by the official in charge of county funds. Expenses. Section 8. 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 9. It is hereby found, determined and declared that the creation of the commission and the carrying out of the purposes is in all respects for the benefit of the people of DeKalb County and municipalities located therein either in whole or in part and is a public purpose and that the commission will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. Governmental function. Section 10. This Act, being for the welfare of the citizens of DeKalb County, and municipalities either in whole or in part within DeKalb County, shall be liberally construed to effect the purposes thereof. Construction. Section 11. 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 12. All laws and parts of laws in conflict with the Act are hereby repealed.

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Section 13. A copy of the notice of intention to apply for the local legislation and the certificate of the publisher are attached hereto and made a part of this Bill and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation was duly published once a week for three weeks as required by law; said dates of publication being January 22, January 29th, and February 5, 1959. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1959, session of the General Assembly of Georgia, a Bill to establish a commission in DeKalb County to study the governments of Dekalb County and the municipalities located therein, for the purpose of improving local governments and to provide greater efficiency and economy; to provide that said Commission may draft a plan or plans for such improvements to the governments of DeKalb County and said municipalities and alternate plants and submit same to members of the General Assembly from DeKalb County; to provide for the organization and compensation of said commission; to provide for the publication of said plan or plans; to provide for appropriation of funds from DeKalb County for the operation of the Commission; to provide for authority to accept donations and for other purposes.

Page 3251

This the 19th day of January, 1959. W. Hugh McWhorter Guy W. Rutland, Jr. James A. Mackay Representative, DeKalb County, Georgia. The DeKalb New Era W. H. McWhorter Managing-Editor Sworn to and subscribed before me this 10 day of February, 1959. Joseph H. Baird Notary Public, DeKalb County, Georgia. My Commission expires Dec. 18, 1962. [Illegible Text] Approved March 25, 1959. BUSINESS LICENSES IN CERTAIN MUNICIPALITIES. No. 429 (House Bill No. 555). An Act to limit the amount of ad valorem taxes and to provide for registration fees, licenses and business taxes in cities having a population of more than 300,000 according to the last or any future Federal Decennial Census; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. This Act shall apply to all cities in the state having a population of more than 300,000 according to the last or any future Federal Decennial Census. Where applicable.

Page 3252

Section 2. The mayor and board of aldermen of such city shall have full power and authority to require any person, firm, corporation or company engaged in, prosecuting or carrying on, or who may engage in, prosecute or carry on any trade, business, calling, avocation or profession, to register their names and businesses, calling, avocation or profession annually, and to require such person, company or association to pay for such registration and for license to engage in, prosecute or carry on such business, calling or profession aforesaid, such fee, charge or tax, as said mayor and board of aldermen may deem expedient for the safety, benefit, convenience and advantage of said city. Said tax, registration fee or license herein provided for shall be imposed in the discretion of the mayor and board of aldermen. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1959.

Page 3253

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 ROY M. THORNTON, JR. Law Assistant JOHN PARHAM RABUN, 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 CHARLES ROY ADAMS Law Assistant MRS. GLADYS T. MEDLOCK Law Assistant MRS. ALFREDDA WILKERSON Law Assistant H. GRADY ALMAND Law Assistant JOHN HOGG Law Assistant BEN ESTES Law Assistant MORGAN THOMAS Clerk RALPH E. CARLISLE Deputy Clerk MISS EDNA EARL BENNETT Special Deputy Clerk ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter J. I. GUICE Sheriff

Page 3254

SUPERIOR COURT CALENDAR FOR 1959 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 3255

ATLANTIC CIRCUIT. HON. HENRY H. DURRENCE, Judge, Claxton. 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 3256

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. BartowFirst Mondays in February and August; fourth Mondays in April and October. GordonFirst Mondays in March and September; fourth Mondays in May and November. MurrayThird Mondays in February and August; second Mondays in May and November. WhitfieldSecond Mondays in January and July; first Mondays in April and October.

Page 3257

CLAYTON CIRCUIT. HON. WILLIAM H. REYNOLDS, Judge, Jonesboro. HAROLD R. BANKE, 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 3258

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. 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 3259

LOOKOUT MOUNTAIN CIRCUIT HON. JOHN W. DAVIS, Judge, [Illegible Text]. 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 3260

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, Royston. 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 3261

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. RENFROE, Judge, Statesboro. WALTON USHER, Solicitor-General, Guyton. BullochFourth Mondays in January, April, July, and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. ScrevenSecond Mondays in January, April and July; third Monday in November.

Page 3262

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. BOB HUMPHREYS, Solicitor-General, Moultrie. 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 3263

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. DAN WINN, Solicitor-General, Cedartown. 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 3264

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 3265

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.

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Baker County Board of Education 451 Chattooga County Board of Education 453 Port and terminal facilities in Clay County 457 Stabilized tax program for City of St. Marys. 460 MEMORIALS AND REQUESTS TO CONGRESS. Memorial to Congress to amend U. S. Constitution, education 383 CODE SECTIONS. 3-115AmendingSuits and settlements by married minors 79 5-9914AmendingFailure to pay for agricultural products 143 6-1806AmendingReview of first grant of new trial 353 13-2002AmendingQualifications of bank directors 323 13-2015AmendingBanks and Banking, loans on real estate 250 13-2023AmendingBanks and banking 238 21-105AmendingCompensation of coroner of Troup County 2160 23-1013AmendingCompensation of treasurer of counties of not less than 36,000 and not more than 38,000 persons 2738 23-1410EnactingCounty police, etc., in counties of not less than 22,650 and not more than 23,450 persons 2096 24-1711.1AmendingQualifications of ordinaries in counties of 100,000 or more persons 358 24-2104AmendingTransaction of business with ordinaries 312 24-2715AmendingRecords by clerks of superior courts in counties of not less than 15,200 and not more than 15,900 population 2094 24-3104AmendingCompensation of court reporters 61 26-3002AmendingWilful trespass upon lands 173 26-3908 Through 26-3912AmendingCounterfeiting checks, etc. 252 32-904AmendingCompensation of county boards of education 231 32-904AmendingCompensation of members of boards of education in certain counties 3132 34-3301, 34-3305AmendingAbsentee ballots 63 38-418AmendingConfidential communications 190 38-1201AmendingDepositions and discovery 425 38-14RepealingDepositions and discovery 425 38-1501AmendingWitness fees for law enforcement officers in counties of not less than 115,000 and not more than 200,000 population 3091 38-21AmendingDepositions and discovery 425 38-22RepealingDepositions and discovery 425 38-23RepealingDepositions and discovery 425 40-2503(1)AmendingEmployees Retirement System Act 107 40-2504(4) (a) (b)AmendingEmployees Retirement System 107 40-2505(3) (b)AmendingEmployees Retirement System 107

Page 3267

40-2505(8)AmendingEmployees Retirement System 107 40-2506(7)AmendingEmployees Retirement System 107 40-2525(a)AmendingEmployees Retirement System 107 42-201, 42-209AmendingStandards, etc., for commercial feeding stuff 368 49-226AmendingGuardian and ward 171 68-201AmendingPenalty for late registration of motor vehicles 351 68-709AmendingRegistration and licensing of motor vehicles for hire 444 68-903AmendingJurisdiction of courts over non resident motorists 120 73-222AmendingDuties of state oil chemist 128 76-202AmendingBreach of peace bonds in certain counties 3085 81-1410AmendingContinuances because of absence of witnesses 342 88-112AmendingState Board of Health 374 88-203AmendingCounty boards of health 373 89-420AmendingActions on official bonds of public officials 411 91-804AEnactingSale of county owned real property 325 92-2406AmendingMarket value of bank stock 327 92-2903AmendingDealer license plates for trailer manufacturers and dealers 232 92-3111(a)EnactingTax credit for contributions 7 99-401 thru 99-405RepealingGeorgia Children's Code Commission abolished 55 101-107AmendingState Library Committee abolished 51 101-108AmendingState Library Committee abolished 51 108-315AmendingAppointment of trustees 324 113-409AmendingWills and administration of estates 136 113-602AmendingWills and administration of estates 136 113-607AmendingWills and administration of estates 136 113-703AmendingWills and administration of estates 136 113-1002AmendingWills and administration of estates 136 113-1602AmendingWills and administration of estates 136 113-1528EnactingAuthority of executors and administrators to borrow money 99 COURTS COURT OF APPEALS Judges Emeritus 80 SUPERIOR COURTS Atlanta Judicial Circuit; salaries of assistant solicitors-general 132 Bartow; law books 3055 Butts; law books 3202 Cherokee Judicial Circuit; terms 186 Clayton Judicial Circuit; compensation of official court reporter 375

Page 3268

Court reporters; compensation 61 Houston; terms of grand juries 254 Judges emeritus 301 Macon Judicial Circuit; terms of grand juries in Houston County 254 Monroe; law books 3054 Oconee Judicial Circuit; salary of solicitor-general 178 Oconee Judicial Circuit; terms in Dodge County 180 Pataula Judicial Circuit; compensation of solicitor-general 129 Records by clerks of superior courts in counties of not less than 15,200 and not more than 15,900 population 2094 Tifton Judicial Circuit; compensation of solicitor-general 122 CITY COURTS Bainbridge; judge's compensation 2076 Carrollton; office of judge emeritus created 2869 Claxton; distribution of monies arising from fines and forfeitures 2952 Claxton; judge's salary 3020 Eastman; abolished 2726 Hinesville; salary and qualifications of judge 2560 Pembroke; compensation of solicitor 2618 Reidsville; funds paid to Tattnall County 2846 Savannah; judge's salary 3128 Walker; new trials, judge's salary 2254 CIVIL COURTS DeKalb; costs, deposits, filling of vacancies 3016 Fulton; destruction of old records 2200 Fulton; retirement of judges and solicitor-general 2838 CRIMINAL COURTS DeKalb; costs, deposits, filling of vacancies 3016 Fulton; retirement of judges and solicitor-general 2838 JUVENILE COURTS Fulton; retirement of judges and solicitor-general 2838 Provision of Juvenile Court Act applicable in counties of not less than 150,000 or more than 300,000 persons upon recommendation of grand jury 188 MUNICIPAL COURTS Atlanta; office of judge emeritus created 2025 Savannah; practice and procedure 3037

Page 3269

COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Atkinson; compensation of ordinary 2662 Baker; board of education, proposed amendment to the Constitution 451 Baldwin; election of county commissioners 2031 Banks; compensation of clerk of board of commissioners 2566 Bartow; law books to superior court 3055 Bartow; terms of superior court 186 Bleckley; salary of solicitor-general 178 Brooks; tax commissioner not required to make rounds 3013 Bryan; fee system abolished as to certain officers 2616 Bryan; treasurer's salary 2176 Burke; land conveyance authorized 194 Butts; law books to superior court 3202 Camden; compensation of county officials 2043 Candler; compensation of ordinary 2842 Catoosa; board of commissioners of roads and revenues 2161 Catoosa; clerical assistant for sheriff 3022 Catoosa; compensation of ordinary and clerk of superior court 2047 Catoosa; tax commissioner's salary, clerical help 2154 Charlton; board of commissioners 2405 Chatham; compensation of ordinary 3003 Chatham; law books 3041 Chattooga; board of education; proposed amendment to the Constitution 453 Cherokee; commissioner of roads and revenues, clerk 3158 Cherokee; compensation of county officers 2494 Clarke; land conveyance authorized 223 Clay; compensation of solicitor-general 129 Clay; port and terminal facilities, proposed amendment to the Constitution 457 Clayton; compensation of official superior court reporter 375 Clayton; compensation of ordinary 2197 Cobb; compensation of chief deputy clerk of superior court 2459 Coffee; conveyance of land authorized 446 Coffee; Douglas-Coffee County Industrial Authority 2801 Cook; compensation of board of commissioners 2597 Cook; land conveyance authorized 76 Crawford; compensation of clerk of commission 2359 Crawford; compensation of clerk of superior court 2848 Crawford; office of tax commissioner created 2356 Dade; compensation of ordinary 2390 Dade; county depository 2393 Dade; office of commissioner of roads and revenues 2382 Dade; office of county treasurer abolished 2388 DeKalb; authority to adopt and enforce ordinances 2481 DeKalb; commissioner districts, vacancies on board of commissioners 2636 DeKalb; local government commission 3245 DeKalb; recorder's court 3093

Page 3270

DeKalb; regulation of businesses 2658 Dodge; primary elections 2725 Dodge; salary of commissioner of roads and revenues 2467 Dodge; salary of solicitor-general 178 Dodge; sheriff and clerk of superior court placed on salaries 2721 Dodge; terms of superior court 180 Dougherty; board of county commissioners 2091 Dougherty; board of education 2314 Dougherty; building code 2082 Dougherty; clerk to board of commissioners, etc. 2319 Dougherty; paving of streets, etc. 2084 Douglas; fire district 2853 Early; compensation of solicitor-general 129 Elbert; board of county commissioners 2627 Elbert; clerk of superior court and ordinary placed on salary 2624 Elbert; salary and expenses of tax commissioner 2621 Evans; funds from City Court of Claxton 2952 Fayette; board of commissioners of roads and revenues 2431 Floyd; compensation of board of education 3203 Floyd; meetings of board of commissioners 2986 Floyd; system of waterworks, sewerage, etc. 2991 Floyd; uniforms for sheriff and deputies 2988 Fulton; amending Atlanta, Fulton County Education Commission 2267 Fulton; compensation of members of civil service board 3035 Fulton; fire protection for unincorporated area of county 2589 Fulton; Pension Act amended 2273 Fulton; retirement benefits for employees of board of education 2104 Fulton; retirement of teachers and employees of board of education 3029 Fulton; salaries of assistant solicitors-general 132 Gordon; county depositories Act amended 2050 Gordon; terms of superior court 186 Glynn; easement by Jekyll Island State Park Authority to United States authorized 101 Gwinnett; filling of vacancies on board of commissioners 3189 Habersham; compensation of clerk of tax commissioner 2074 Harris; compensation of board of commissioners 2442 Hart; assistant to tax commissioner 2579 Hart; county government 2580 Houston; grand jury terms 254 Irwin; compensation of solicitor-general 122 Jackson; annual audits 3214 Lanier; eminent domain 2573 Liberty; compensation of sheriff, clerk of superior court and their deputies 2063 Liberty; salary and clerical help of tax commissioner 2572 Lincoln; compensation of chairman of commissioners of roads and revenues 2248 Lumpkin; citizens commended 228

Page 3271

McDuffie; officers placed on salary basis 2568 Meriwether; land conveyance authorized 390 Miller; compensation of solicitor-general 129 Monroe; law books to superior court 3054 Montgomery; salary of solicitor-general 178 Murray; terms of superior court 186 Pickens; land conveyance authorized 201 Paulding; clerical help for ordinary 2558 Paulding; clerical help for tax commissioner 2556 Polk; fee system abolished as to named officers 2732 Pulaski; compensation of commissioner of roads and revenues 2844 Pulaski; salary of solicitor-general 178 Quitman; compensation solicitor-general 129 Randolph; compensation of county commissioners 2035 Randolph; compensation of solicitor-general 129 Richmond; board of education 2898 Schley; publication of statement of disbursements 2039 Seminole; compensation 3203 Seminole; compensation of solicitor-general 129 Sumter; land conveyance authorized 392 Talbot; compensation of tax commissioner 2457 Tattnall; funds from City Court of Reidsville 2846 Telfair; compensation of clerk of tax commissioner 2754 Telfair; compensation of commissioner of roads and revenues 2757 Telfair; compensation of tax commissioner 2514 Telfair; land conveyance authorized 385 Telfair; salary of solicitor-general 178 Terrell; compensation of solicitor-general 129 Tift; compensation of solicitor-general 122 Toombs; board of commissioners created 2010 Toombs; quarterly statements, annual audits 2021 Troup; compensation of coroner 2160 Turner; commissioners of roads and revenues 2574 Turner; compensation of solicitor-general 122 Union; commissioners of roads and revenues 2053 Walker; sale of mobile equipment 2252 Ware; sanitary districts, etc. 2740 Warren; annual audits 2071 Wayne; sheriff and clerk of superior court placed on salaries 3031 Wheeler; salary of solicitor-general 178 White; easement to United States authorized 222 Whitfield; terms of superior court 186 Wilkes; law books 3050 Worth; compensation of solicitor-general 122 COUNTIES AND COUNTY MATTERSBY POPULATION. Act providing for joint city-county boards of tax assessors in counties having cities with populations of over 300,000 persons amended 3112

Page 3272

Actions on breach of peace bonds in counties of not less than 150,000 and not more than 300,000 population 3085 Boards of examiners for plumbers and steam fitters in counties having population of 110,000 or more 3090 Compensation of clerk and purchasing agents in counties of not less than 108,000 and not more than 113,000 persons 2657 Compensation of county treasurers in counties of not less than 36,000 and not more than 38,000 persons 2738 Compensation of members of boards of education of counties of not less than 130,000 and not more than 140,000 population 3132 Crabbing in counties of more than 150,000 persons regulated 2613 Juvenile court Act applicable in counties of not less than 150,000 or not more than 300,000 persons upon recommendation of grand jury 188 Law libraries authorized in counties of not less than 27,200 and not more than 27,600 persons 3001 Penalties for late registration of motor vehicles in counties of 135,000 or more persons 351 Qualifications of ordinaries in counties of 100,000 or more persons 358 Records by clerks of superior courts in counties of not less than 15,200 and not more than 15,900 population 2094 Rules, etc. of county police in counties of not less than 22,650 and not more than 23,450 persons 2096 Salaries of assistant county treasurers in counties of not less than 100,000 and not more than 110,000 population 3107 Small claims courts in counties of not less than 18,923 and not more than 18,996 population 2099 Solicitation of votes in counties of not less than 150,000 and not more than 300,000 population 2045 Stenographers for grand juries in counties of not less than 22,700 and not more than 23,000 persons 2632 Supplemental compensation for sheriffs of counties of not less than 11,710 and not more than 11,895 population 3107 Tax receivers' compensation in counties of not less than 6,050 and not more than 6,100 persons 2664 Witness fees for law enforcement officers in counties of not less than 115,000 or more than 200,000 population 3091 MUNICIPAL CORPORATIONSNAMED CITIES Acworth; recorder 2465 Adairsville; charter amended 2786 Adairsville; corporate limits 2797 Albany; charter amended 2849 Albany; corporate limits, wards 3065 Albany; elections 2950 Albany; employees pension fund Act amended 2027 Albany; general manager of public utilities 2963 Americus; corporate limits 2672

Page 3273

Americus; retirement fund tax 2681 Athens; compensation of members of civil service commission 2376 Athens; street closed 2220 Athens; use of firefighting equipment and personnel 2378 Atlanta; amending Atlanta, Fulton County Education Commission 2267 Atlanta; board of education 2168 Atlanta; business licenses 2531 Atlanta; contributions to Georgia Institute of Technology and Georgia State College of Business Administration 2562 Atlanta; corporate limits 2275 Atlanta; judge emeritus of municipal court 2025 Atlanta; street improvements, etc. 2278 Augusta; charter amended 2774 Augusta; ports authority created 2761 Austell; charter amended 3142 Bainbridge; land conveyance authorized 388 Baldwn; council meetings 2046 Bellville; chartered 2954 Berkeley Lake; charter amended 2490 Bogart; elections 2440 Brunswick; charter amended 2745 Cadwell; charter amended 2865 Calhoun; payment of school funds 2549 Carnesville; terms and compensation of mayor and councilmen 2947 Cartersville; charter amended 3056 Cartersville; corporate limits 2782 , 2790 , 2793 Cedartown; corporate limits 2171 Chamblee; charter amended 2642 College Park; charter amended 2367 College Park; city manager 2363 College Park; corporate limits 2499 , 2508 , 2516 , 2521 College Park; refunds of contributions to retirement fund 2527 Collins; charter amended 3206 Cordele; corporate limits 2476 Cornelia; planning commission 2160 Commerce; corporate limits 3191 Commerce; election hours 3110 Covington; comptroller 3126 Dacula; name changed from town of, new charter 3161 Dalton; closing of portion of White street 2065 Dalton; retirement fund of policemen and firemen 2097 Dalton; street improvements, etc. 2325 Decatur; authority of city manager 2361 Douglas; corporate limits 2665 Douglas; Douglas-Coffee County Industrial Authority 2801 East Point; charter amended 2284 East Point; corporate limits 2079 , 2282 Eastman; charter amended 3210 Elberton; exchange of lands authorized 200

Page 3274

Elberton; sale of city owned property 3205 Fitzgerald; charter amended 2537 Forest Park; charter amended 3075 Forest Park; corporate limits 3152 Forsyth; authority to close street 2759 Fort Oglethorpe; corporate limits 2602 Fort Valley; charter amended 2750 Garden City; use of voting machines 3014 Grantville; name changed from Town of to City of 2041 Griffin; cemetery trust fund 2669 Griffin; chairman of commissioners is mayor 2551 Griffin; corporate limits 2444 Griffin; powers of board of commissioners 2455 Griffin; Water, Light and Sewerage Reserve Fund 2451 Grovetown; new charter 2223 Hapeville; charter amended 3115 Hapeville; corporate limits 2545 Hartwell; elections 2567 Hawkinsville; authority to convey land and close street 2061 Hawkinsville; compensation of commissioners 2372 Hinesville; new charter 2604 Jackson; corporate limits 2903 Kennesaw; charter amended 2717 Kingston; new charter, name changed from Town of Kingston 2920 LaFayette; charter amended 2257 LaGrange; corporate limits 2156 Lawrenceville; corporate limits 3130 Lenox; elections and terms of mayor and council 2563 Lithia Springs; chartered 2871 McRae; corporate limits 2505 Macon; authority to close alley 2976 Macon; authority to lease a part of Central City Park 2979 Macon; corporate limits 2968 Manchester; land conveyance authorized 390 Manchester; terms of commissioners 2534 Marietta; charter amended 2111 Metter; clerk's salary 2591 Milledgeville; charter amended 2552 Mitchell; rate of taxation 2807 Montezuma; land conveyance authorized 387 Monticello; new charter 2683 Moultrie; charter amended 3023 Moultrie; wards for selection of school commissioners 3027 Newnan; employees' retirement 2728 Norman Park; tax rate 2396 Oxford; salaries of mayor and councilmen 2780 Peachtree City; chartered 2409 Powder Springs; corporate limits 2462 Ringgold; corporate limits 2598 Ringgold; elections 2600

Page 3275

Rome; charter amended 2347 Rome; corporate limits 2343 Rossville; corporate limits 3134 St. Marys; authority to abandon streets 2037 St. Marys; stabilized tax program, proposed amendment to the Constitution 460 Savannah; civil service system 3137 Savannah; corporate limits 2380 Savannah; easement granted to City of Savannah ratified 202 Savannah; police court 2007 Screven; new charter 2203 Senoia; taxation 3009 Shellman; name changed from Town of to City of 2033 Smyrna; charter amended 3217 Sparks; land conveyance authorized 76 Sparta; corporate limits 2353 Springfield; election hours 2250 Summerville; new charter 2809 Swainsboro; corporate limits 2654 Thomaston; corporate limits 2003 Thomson; corporate limits 2067 Thunderbolt; number of aldermen, special election 2109 Twin City; mayor and commission 2592 Valdosta; corporate limits 2855 Valdosta; fines in recorder's court 2862 Vienna; qualifications of voters 2271 Wadley; elections 2401 Warner Robins; corporate limits 3005 Watkinsville; charter amended 2438 Waycross; compensation of city manager 2374 Waycross; corporate limits 2983 , 3140 White; charter amended, name changed to City of White 2907 Winterville; easements to public utilities 2399 MUNICIPAL CORPORATIONSBY POPULATION. Act creating traffic courts in cities having population of 300,000 or more persons amended 3124 Business licenses in cities having population of more than 300,000 persons 3251 Credit for military service toward retirement for policemen of cities having population of more than 150,000 persons 2635 Pension Act for employees of cities having population of over 150,000 persons amended 3087 , 3088 , 3114 Pension study for officers and employees of cities having population of over 150,000 persons amended 3083 Pensions to widows of pensioners of cities having population of more than 150,000 persons 2633 Retirement benefits for employees of cities having population of more than 150,000 persons 2100

Page 3276

RESOLUTIONS AUTHORIZING COMPENSATION. Compensation to Mrs. E. R. Aldredge 3047 Compensation to Sam M. Carson 3043 Compensation to Wilma Hulsy Dorsey 3053 Compensation to Mrs. Earl Hilburn 3199 Compensation to Howard R. Johnson 3052 Compensation to J. L. Newsome 3042 Compensation to Guy W. Pannell 3044 , 3045 Compensation to Albert Parker 3049 Compensation to Wilbur F. Powers 3200 Compensation to Tommie T. Rogers 3048 Compensation to Savannah Real Estate Board, Inc. 402 Compensation to Seminole County 3203 Compensation to A. W. Tidwell 3046 Compensation to Mrs. Anna Wattenbarger 3201 ACTS AUTHORIZING LAND CONVEYANCE. Land conveyances to Georgia Ports Authority 145 RESOLUTIONS AUTHORIZING LAND CONVEYANCES. Conveyance of land in Clarke County authorized 223 Conveyance of lands in Coffee County authorized 446 Conveyance of land in Cook County authorized 76 Conveyance of land in Sumter County authorized 392 Easement granted City of Savannah ratified 202 Easement over lands in White County authorized 222 Easement to land in Glynn County authorized 101 Exchange of land with City of Elberton authorized 200 Land conveyance to City of Bainbridge authorized 388 Land conveyance to Burke County authorized 194 Land conveyance to City of Manchester or Meriwether County authorized 390 Land conveyance to City of Montezuma authorized 387 Land conveyance to Pickens County authorized 201 Land conveyance to Telfair County authorized 385 Sale of Property in Fulton County authorized 401 MISCELLANEOUS RESOLUTIONS. Acceptance of portrait of Hon. Walter F. George 380 Earnest A. Bell Bridge designated 197 Caretakers for Confederate cemeteries 229 Citizens of Lumpkin County commended 228 Committee to gather information on Hall of Flags 230 Committee to investigate effectiveness of high school training 193 Committee to investigate veterans' hospital facilities, etc. 196 Committee to study compensation of General Assembly 403 Committee to study proposed Revised Insurance Code 398 DeMolay Day proclaimed 408

Page 3277

Expansion of facilities of Western and Atlantic Railroad 404 Executive order suspending collection of sales tax ratified 225 Expenses of Insurance Laws Revision Committee 103 Extension of option on Whitehall Plantation property urged 409 H. A. Fountain Bridge designated 192 Funds for expansion of State farmer's markets 376 Georgia Golf Day in honor of Bert Prather 407 Hon. James L. Gillis, Sr., member State Highway Board 3 Inspections of domestic livestock slaughtering establishments 191 Jefferson Davis Highway designated 399 Juvenile Detention Home Study Committee created 396 Law books to Bartow County Superior Court 3055 Law books to Butts Superior Court 3202 Law books to Chatham County 3041 Law books to Monroe County Superior Court 3054 Law books to Wilkes County 3050 Preparation of outline of grades and courses taught in public schools by Department of Education 78 Reciprocal agreements entered into by Public Service Commission ratified 203 Secretary of State to have Atlantic coast line surveyed and mapped 378 State employees commended 411 The Luther Story Bridge designated 198 Suspension of sales tax collection from certain hospitals ratified 218 Suspension of sales tax penalties from transit firms ratified 218 Toll charges for daily users of Sidnay Lanier Bridge 406 Henry Vaughn and T. G. Harmon relieved as principal and surety on bond 3051

Page 3278

INDEX A ABATTOIRS Inspection of domestic livestock slaughtering establishments 191 ABSENTEE BALLOTS Code 34-3301, 34-3305 amended 63 ACWORTH, CITY OF Recorder 2465 ADAIRSVILLE, CITY OF Charter amended 2786 Corporate limits 2797 ADAMS, JOHN H. Conveyance of land to John H. Adams authorized 446 ADMINISTRATORS Authority to borrow money 99 Code Title 113 amended 136 Procedure when no administration of estate necessary 111 ADMISSIONS Act providing for requests for admissions amended 314 ADVISORY BOARD AND BOARD OF APPEAL OF SAFETY FIRE COMMISSIONER Abolished 50 AERONAUTICS ADVISORY BOARD Abolished 52 AGRICULTURAL COMMODITIES AUTHORITY ACT Eggs included 187 AGRICULTURE Act regulating public livestock auctions and sales amended 296 Department of Entomology transferred to Department of Agriculture 360

Page 3279

Eggs included in Agricultural Commodities Authority Act 187 Failure to pay for agricultural products a crime 143 Functions of Department of Entomology 281 Funds for expansion of State Farmers' Markets 376 Georgia Liming Materials and Soil Conditioners Act of 1959 306 Georgia Seed Development Act 83 Georgia State Warehouse Act amended 246 Hadling of livestock at public sales establishments 172 Inspections of domestic livestock slaughtering establishments 191 Inspections of meat, etc., processings plants 168 Milk Control Commission functions transferred 46 Operation of State Farmers' Markets 242 Sales of livestock by administrators and executors at public sales 327 Standards, etc. for commercial feeding stuff 368 ALABAMA, STATE OF Highway reciprocal agreement ratified 203 ALBANY, CITY OF Charter amended 2849 Corporate limits, wards 3065 Elections 2950 Employees pension fund Act amended 2027 General manager of public utilities 2963 ALDREDGE, MRS. E. R. Compensation to Mrs. E. R. Aldredge 3047 ALL SOUTH CENTENNIAL COMMITTEE Resolution creating; repealed 180 AMERICUS, CITY OF Corporate limits 2672 Retirement fund tax 2681 ARMED FORCES Act providing for military leave repealed 295 ARREST POWERS Arrest powers given designated employees of Milledgeville State Hospital 74

Page 3280

ATHENS, CITY OF Compensation of members of Civil Service Commission 2376 Street closed 2220 Use of fire fighting equiment and personnel 2378 ATKINSON COUNTY Compensation or ordinary 2662 ATLANTA, CITY OF Atlanta, Fulton County Education Commission, amended 2267 Board of Education 2168 Business licenses 2531 Contributions to Georgia Institute of Technology and Georgia State College of Business Administration 2562 Corporate limits 2275 Officer of judge emeritus of municipal court created 2025 Street improvements, etc. 2278 ATLANTA JUDICIAL CIRCUIT Salaries of assistant solicitors-general 132 ATLANTIC COAST LINE Atlantic coast line to be surveyed and mapped 378 ATTORNEY GENERAL Bill Drafting Unit abolished, etc. 152 Member committee to study compensation of members of the General Assembly 403 To represent public officials in certain cases 18 AUCTIONS Act regulating public livestock auctions and sales amended 296 AUGUSTA, CITY OF Charter amended 2774 Ports Authority created 2761 AUGUSTA PORTS AUTHORITY Created 2761 AUSTELL, CITY OF Charter amended 3142

Page 3281

AUTHORITIES Chancellor of University System a member of State School Building Authority 363 Chancellor of University System a member of University System Building Authority 362 Common management of State School Building Authority and University System Building Authority 28 , 30 Georgia Industrial Development Administration created 346 Georgia Rural Roads Authority transferred to State Highway Board 13 Land conveyances to Georgia Ports Authority authorized 145 Prior actions of housing authorities ratified 141 State Bridge Building Authority transferred to State Highway Board 11 Veterans Resettlement Act of 1945 repealed 54 B BAINBRIDGE, CITY COURT OF Judge's compensation 2076 BAINBRIDGE, CITY OF Land conveyance authorized 388 BAKER COUNTY Board of Education, proposed amendment to the Constitution 451 BALDWIN COUNTY Election of county commissioners 2031 BALDWIN, TOWN OF Council meetings 2046 BANKS AND BANKING Code 13-2002 amended, directors 323 Code 13-2015 amended, loans on real estate 250 Counterfeiting checks, etc., Code 26-3908 through 26-3912 amended 252 Investments in holding companies 328 Market value of stock 327 Purchase of stocks and securities, Code 13-2023 amended 238 BANKS COUNTY Compensation of clerk of board of commissioners 2566

Page 3282

BARTOW COUNTY Law books to superior court 3055 Terms of superior court 186 BELL, EARNEST A. Earnest A. Bell Bridge designated 197 BELLVILLE, CITY OF Chartered 2954 BERKLEY LAKE, CITY OF Charter amended 2490 BILL DRAFTING UNIT Abolished, functions transferred 152 BIRTH CERTIFICATES Substitute certificates for adopted children 304 BLECKLEY COUNTY Salary of solicitor-general 178 BLUE SKY LAW Georgia Securities Act amended 89 BOGART, TOWN OF Elections 2440 BONDS Actions on breach of peace bonds in counties of more than 150,000 but less than 300,000 population 3085 Actions on official bonds of public officers 411 Bonds of public school principals 159 Form of bonds, etc. of itinerant shows 160 BREACH OF PEACE BONDS Actions in counties of more than 150,000 but less than 300,000 population 3085 BRIDGE BUILDING AUTHORITY State Bridge Building Authority transferred to State Highway Board 11

Page 3283

BROOKS COUNTY Tax commissioner not required to make rounds 3013 BRUNSWICK CITY OF Charter amended 2745 BRYAN COUNTY Fee system abolished as to certain officers 2616 Treasurer's salary 2176 BURKE COUNTY Land conveyance authorized 194 BUSINESS LICENSES Business licenses in cities having population of more than 300,000 persons 3251 BUTTS COUNTY Law books to superior court 3202 C CADWELL, TOWN OF Charter amended 2865 CALHOUN, CITY OF Payment of school funds 2549 CAMDEN COUNTY Compensation of county officials 2043 CANDLER COUNTY Compensation of ordinary 2842 CARNESVILLE, CITY OF Terms and compensation of mayor and councilmen 2947 CARNIVALS Bonds, service of process 106 Form of bonds or insurance policies 160

Page 3284

CARROLLTON, CITY COURT OF Office of judge emeritus created 2869 CARSON, SAM M. Compensation to Sam M. Carson 3043 CARTERSVILLE, CITY OF Charter amended 3056 Corporate limits 2782 , 2790 , 2793 CASUALTY INSURANCE See Insurance. CATOOSA COUNTY Board of commissioners of roads and revenues 2161 Clerical assistant for sheriff 3022 Compensation of ordinary and clerk of superior court 2047 Tax commissioner's salary, clerical help 2154 CEDARTOWN, CITY OF Corporate limits 2171 CENTENNIAL COMMITTEE, ALL SOUTH Resolution creating, repealed 180 CHAMBLEE, CITY OF Charter amended 2642 CHARLTON COUNTY Board of Commissioners 2405 CHATHAM COUNTY Compensation of ordinary 3003 Law books 3041 CHATTOOGA COUNTY Board of Education, proposed amendment to the Constitution 453 CHEROKEE COUNTY Commissioner of roads and revenues, clerk 3158 Compensation of county officers 2494

Page 3285

CHILDREN'S CODE COMMISSION Abolished 55 CHURCHES Act incorporating the Presbyterian Church of City of Savannah amended 2470 CIRCUSES Bonds, service of process 106 Form of bonds or insurance policies 160 CITY COURT OF BAINBRIDGE Judge's compensation 2076 CITY COURT OF CARROLLTON Office of judge emeritus created 2869 CITY COURT OF CLAXTON Distribution of fines and forfeitures 2952 Judge's salary 3020 CITY COURT OF EASTMAN Abolished 2726 CITY COURT OF HINESVILLE Salary and qualifications of judge 2560 CITY COURT OF PEMBROKE Compensation of solicitor 2618 CITY COURT OF REIDSVILLE Funds paid to Tattnall County 2846 CITY COURT OF SAVANNAH Judge's salary 3128 CITY COURT OF WALKER COUNTY New trials, judge's salary 2254 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Costs, deposits, filling of vacancies 3016

Page 3286

CIVIL COURT OF FULTON COUNTY Destruction of old records 2200 Retirement of judges and solicitors-general 2838 CIVIL DEFENSE ADVISORY COUNCIL Abolished 22 CLARKE COUNTY Land conveyance authorized 223 CLAXTON, CITY COURT OF Distribution of fines and forfeitures 2952 Judge's salary 3020 CLAY COUNTY Compensation of solicitor-general 129 Port and terminal facilities, proposed amendment to the Constitution 457 CLAYTON COUNTY Compensation of official court reporter of the superior court 375 Compensation of ordinary 2197 CLAYTON JUDICIAL CIRCUIT Compensation of offical court reporter 375 CLERKS OF SUPERIOR COURTS See Also Name of County. Duties in connection with offices filled by grand juries 424 CLOSING OF PUBLIC SCHOOLS Authorized 15 , 18 COBB COUNTY Compensation of chief deputy clerk of superior court 2459 CODE Committee to study draft of Revised Insurance Code 398 COFFEE COUNTY Conveyance of land authorized 446 Douglas-Coffee County Industrial Authority 2801

Page 3287

COLLEGE PARK, CITY OF Charter amended 2367 City manager 2363 Corporate limits 2499 , 2508 , 2516 , 2521 Refunds of contributions to retirement fund 2527 COLLINS, CITY OF Charter amended 3206 COMMERCE, CITY OF Corporate limits 3191 Hours of holding elections 3110 COMMERCE, DEPARTMENT OF Act creating, amended 262 COMMISSIONS Advisory Board and Board of Appeals of Safety Fire Commissioner abolished 50 Advisory Board for Georgia Industrial Loan Act abolished 55 Aeronautics Advisory Board abolished 52 Civil Defense Advisory Council abolished 22 Crime Investigating Commission created 414 Duties of Presidential Electors Act of 1958 transferred 56 Duties under Voters' Registration Act of 1958 transferred 57 Elections Commission created 59 Elections Commission to canvass votes in elections of United States Senators 60 Employees' Suggestion Award Board transferred to State Merit Board 23 Forest Fire Emergency Committee abolished 72 Functions under State War Ballot Commission transferred 58 Georgia Children's Code Commission abolished 55 Georgia Commission on Education abolished 21 Georgia Recreation Commission abolished 32 Georgia Seed Development Act 83 Governor's Commission on Constitutional Government created 5 Governor's Commission on Constitutional Government, expenses of operation 33 Governor's Commission on Economy and Reorganization created 8 Milk Control Commission transferred to Department of Agriculture 46 Mineral Leasing Commission Act amended 270 Oil and Gas Commission abolished, functions transferred 73

Page 3288

Powers of Commission to consummate reciprocal agreements for operation of motor vehicles transferred to Governor 25 Recommendations by Western and Atlantic Railroad Commission to General Assembly 365 State Library Committee abolished 51 State Park Authority Act repealed 53 State Planning Commission abolished, powers transferred 53 War Veterans Memorial Building Commission abolished 21 COMMITTEES Committee to gather information on Hall of Flags 230 Committee to study compensation of members of General Assembly 403 Committee to study draft of Revised Insurance Code 398 Joint Committee on Operations of General Assembly, created 152 Juvenile Detention Home Study Committee created 396 COMMON TRUST FUND ACT Amended 313 COMPTROLLER GENERAL Advisory Board and Board of Appeals of Safety Fire Commissioner abolished 50 Hearings and procedure as to rate changes on casualty insurance 274 Hearings and procedure as to rate changes on fire, etc. policies 255 CONFEDERACY Caretakers for Confederate cemeteries 229 CONFIDENTIAL COMMUNICATIONS Between psychiatrist and patient 190 CONSTITUTIONAL GOVERNMENT Governor's Commission on Constitutional Government created 5 Governor Commission on Constitutional Government 33 CONTINUANCES Absences of witnesses, when cause for continuances 342

Page 3289

COOK COUNTY Compensation of board of commissioners 2597 Conveyance of land in Cook County authorized 76 CORDELE, CITY OF Corporate limits 2476 CORNELIA, TOWN OF Planning commission 2178 CORPORATIONS Service of process, etc. on nonresident, nondomesticated corporations 126 COUNSEL TO REPRESENT PUBLIC OFFICIALS State to furnish in certain cases 18 COUNTIES Act providing for joint city-county boards of tax assessors in counties having cities with population of over 300,000 persons amended 3112 Action on breach of peace bonds in counties of more than 150,000 but less than 300,000 population 3085 Boards of examiners for plumbers and steam fitters in counties of 110,000 or more population 3090 Compensation of members of boards of education in counties of not less than 130,000 and not more than 140,000 population 3132 Crabbing regulated in counties of more than 150,000 persons 2613 Expenditure of city and county funds for State parks 75 Hearings, etc., by county boards of health 373 Penalties for late registration of motor vehicles in counties of 135,000 persons or more 351 Salaries of assistant treasurers in counties of not less than 100,000 and not more than 110,000 population 3107 Sale of county owned real property, Code 91-804A Enacted 325 Stenographers for grand juries in counties of not less than 22,700 and not more than 23,000 persons 2632 Supplemental compensation for sheriffs of counties of not less than 11,710 and not more than 11,895 population 3107 Witness fees for law enforcement officers in counties of not less than 115,000 and not more than 200,000 population 3091

Page 3290

COUNTY POLICE Rules, etc. in counties of not less than 22,650 and not more than 23,450 persons 2096 COUNTY PURCHASING AGENTS Compensation in counties of not less than 108,000 and not more than 113,000 persons 2657 COUNTY TREASURERS Compensation in counties of not less than 36,000 and not more than 38,000 persons 2738 Salaries of assistant county treasurers in counties of not less than 100,000 and not more than 110,000 population 3107 COURT OF APPEALS Judges Emeritus 80 COURT REPORTERS Compensation, Code 24-3104 amended 61 Compensation in Clayton Judicial Circuit 375 COURTS Juvenile court act applicable in counties of not less than 150,000 or more than 300,000 persons upon recommendation of grand jury 188 COVINGTON, CITY OF Comptroller 3126 CRABBING Regulated in counties of more than 150,000 persons 2613 CRAWFORD COUNTY Compensation of clerk of commission 2359 Compensation of clerk of superior court 2848 Office of tax commissioner created 2356 CRIME INVESTIGATING COMMISSION Created 414 CRIMES Code 26-3002 amended, wilful trespass upon lands 173

Page 3291

Counterfeiting checks, etc., Code 26-3908 through 26-3912 amended 252 Failure to pay for agricultural products 143 Handling of livestock at public sales establishments 172 Racing on highways 303 Transactions with state constituting crimes 34 CRIMINAL COURT OF FULTON COUNTY Retirement of judges and solicitor-general 2838 D DACULA, CITY OF Name changed from Town of, new charter 3161 DADE COUNTY Compensation of ordinary 2390 County depository 2393 Office of commissioner of roads and revenues 2382 Office of county treasurer abolished 2388 DALTON, CITY OF Improvement of streets, etc. 2325 Portion of White Street closed 2065 Retirement fund of policemen and firemen 2097 DAVIS, JEFFERSON Jefferson Davis Highway designated 399 DECATUR, CITY OF Authority of city manager 2361 DECLARATORY JUDGMENTS Declaratory judgment act amended 236 DEFENSE Civil Defense Advisory Council abolished 22 DEFENSE, DEPARTMENT OF Easement granted City of Savannah ratified 202 Military Forces Reorganization Act amended 114 DEKALB, CIVIL CRIMINAL COURT OF Costs, deposits, filling of vacancies 3016

Page 3292

DEKALB COUNTY Authority to adopt and enforce ordinances 2481 Commissioner districts, vacancies on board of commissioners 2636 Local government commission 3245 Recorder's Court 3093 Regulation of businesses 2658 DEMOLAY, ORDER OF DeMolay Day proclaimed 408 DEPARTMENT OF COMMERCE Act creating, amended 262 DEPARTMENT OF REVENUE See also Taxation. Qualifications of Commissioner 4 DEPOSITIONS Practice and procedure 425 Uniform Foreign Depositions Act adopted 311 DISABLED VETERANS Number of free automobile license tags 349 DISCOVERY Practice and procedure 425 DODGE COUNTY Primary elections 2725 Salary of commissioner of roads and revenues 2467 Salary of solicitor-general 178 Sheriff and clerk of superior court placed on salaries 2721 Terms of superior court 180 DORSEY, WILMA HULSEY Compensation to Wilma Hulsey Dorsey 3053 DOUGHERTY COUNTY Board of county commissioners 2091 Board of education; members, organization, etc. 2314 Building Code, violations 2082 Clerk to board of commissioners, election of commissioners, public works 2319 Paving of streets, etc. 2084

Page 3293

DOUGLAS, CITY OF Corporate limits 2665 Douglas-Coffee County Industrial Authority 2801 DOUGLAS COUNTY Fire districts 2853 DRIVER RESPONSIBILITY LAW Amended 341 E EARLY COUNTY Compensation of solicitor-general 129 EAST POINT, CITY OF Charter amended 2284 Corporate limits 2079 , 2282 EASTMAN, CITY COURT OF Abolished 2726 EASTMAN, CITY OF Charter amended 3210 EDUCATION Bonds of public school principals 159 Closing of Public Schools Authorized 15 Closing of Schools, etc., under control of Board of Regents authorized 18 Code 32-904 amended, compensation of county boards 231 Common management of State School Building Authority and University System Building Authority 28 , 30 Compensation for teachers should any public school be closed 350 Compensation of members of boards of education in counties of not less than 130,000 and not more than 140,000 population 3132 Contributions by City of Atlanta 2562 Dormitory Housing Facilities 65 Exchange of land by South Georgia Trade and Vocational School 392 Georgia Commission on Education abolished 21 Investigation of effectiveness of high school training 193 Memorial to Congress to amend U. S. Constitution 383

Page 3294

Preparation of outline of grades and courses taught in public schools 78 Qualifications for admission to University System, age limits 20 Tax credits for contributions to educational organizations 7 Taxation by municipal corporations to support independent school systems 157 Vocational Rehabilitation Act amended, liens 343 EGGS Included in Agricultural Commodities Authority Act 187 ELBERT COUNTY Board of county commissioners 2627 Clerk of superior court and ordinary placed on salary 2624 Salary and expenses of tax commissioner 2621 ELBERTON, CITY OF Exchange of lands authorized 200 Sale of city owned property 3205 ELECTIONS Absentee ballots, applications and mailing of ballots by mail 63 Act authorizing use of voting machines amended 413 Elections commission created 59 Elections Commission to canvass votes in elections of United States Senators 60 Functions under State War Ballot Commission transferred 58 Presidential Electors Act of 1958 amended, functions transferred 56 Solicitation of votes in counties of not less than 150,000 and not more than 300,000 persons 2045 Voters' Registration Act of 1958 amended 182 Voters' Registration Act of 1958 amended, functions transferred 57 ELECTIONS COMMISSION Created 59 To canvass votes in elections of United States Senators 60 EMPLOYEES State employees commended 411 EMPLOYEES RETIREMENT SYSTEM See also Retirement. Act amended 107

Page 3295

EMPLOYEES' SUGGESTION AWARD BOARD Functions transferred to State Merit Board 23 EMPLOYMENT AGENCIES Act regulating private employment agencies 283 ENTOMOLOGY Functions transferred to Department of Agriculture 281 , 360 EVANS COUNTY Funds from City Court of Claxton 2952 EVIDENCE Confidential communications between psychiatrist and patient 190 EXAMINING BOARDS Act creating State Board of Registration for Foresters amended 161 EXECUTORS Authority to borrow money 99 Code Title 113 amended 136 Procedure when no administration of estate necessary 111 F FARMER'S MARKETS Funds for expansion 376 Operation 242 FAYETTE COUNTY Board of commissioners of roads and revenues 2431 FEEDS Standards, etc., for commercial feedng stuff 368 FIDUCIARIES Copies of process on non resident banks, etc., acting in fiduciary capacities 174

Page 3296

FIRE INSURANCE See Insurance. FISHING Non-resident licenses 184 Spear fishing regulated 181 FITZGERALD, CITY OF Charter amended 2537 FLAGS Committee to gather information on Hall of Flags 230 FLORIDA, STATE OF Highway reciprocal agreement ratified 203 FLOYD COUNTY Compensation of board of education 3203 Meetings of board of commissioners 2986 System of waterworks, sewerage, etc. 2991 Uniforms for sheriff and deputies 2988 FOREST PARK, CITY OF Charter amended 3075 Corporate limits 3152 FORESTRY Forest Fire Emergency Committee abolished 72 Foresters Registration Board Act amended 161 FORSYTH, CITY OF Authority to close street 2759 FORT OGLETHORPE, TOWN OF Corporate limits 2602 FORT VALLEY, CITY OF Charter amended 2750 FOUNTAIN, H. A. H. A. Fountain Bridge designated 192

Page 3297

FULTON COUNTY Atlanta, Fulton County Education Commission amended 2267 Compensation of members of civil service board 3035 Fire protection for unincorporated area of county 2589 Pension Act amended 2273 Retirement of teachers and employees of board of education 3029 Salaries of assistant solicitors-general 132 FULTON COUNTY BOARD OF EDUCATION Retirement benefits for employees 2104 FULTON COUNTY, CIVIL COURT OF Destruction of old records 2200 Retirement of judges and solicitor-general 2838 FULTON COUNTY, CRIMINAL COURT OF Retirement of judges and solicitor-general 2838 FULTON COUNTY, JUVENILE COURT OF Retirement of judge 2838 FUNERAL ESTABLISHMENTS Inspections, etc. 359 G GARDEN CITY, TOWN OF Use of voting machines 3014 GASOLINE STATIONS Signs advertising motor fuel prices 135 GENERAL ASSEMBLY Committee to study compensation of members 403 Actions constituting crimes 34 Joint Committee on Operations 152 GEORGE, WALTER F. Acceptance of portrait of Honorable Walter F. George 380 GEORGIA CHILDREN'S CODE COMMISSION Abolished 55

Page 3298

GEORGIA COMMISSION ON EDUCATION Abolished 21 GEORGIA GOLF DAY In honor of Bert Prather 407 GEORGIA INDUSTRIAL DEVELOPMENT ADMINISTRATION Created 346 GEORGIA INDUSTRIAL LOAN ACT Advisory Board abolished 55 GEORGIA INSTITUTE OF TECHNOLOGY Contributions by City of Atlanta 2562 GEORGIA LIMING MATERIALS AND SOILS CONDITIONERS ACT OF 1959 Enacted 306 GEORGIA MILITARY COLLEGE Social security coverage for employees 445 GEORGIA PORTS AUTHORITY Extension of option on Whitehall Plantation property urged 409 Land conveyances authorized 145 GEORGIA RECREATION COMMISSION Abolished 32 GEORGIA RURAL ROADS AUTHORITY Transferred to State Highway Board 13 GEORGIA SECURITIES ACT Amended 89 GEORGIA SEED DEVELOPMENT ACT Seed Development Commission created 83 GEORGIA STATE COLLEGE OF BUSINESS ADMINISTRATION Contributions by City of Atlanta 2562

Page 3299

GEORGIA STATE WAREHOUSE ACT Amended 246 GEORGIA TRAINING SCHOOL FOR MENTAL DEFECTIVES Charge for care and treatment 420 GOLF DAY Georgia Golf Day in honor of Bert Prather 407 GORDON COUNTY County depositories Act amended 2050 Terms of superior court 186 GOVERNOR Authority during Forest Fire Emergencies 72 Authority to exempt employees from State Merit System 82 Governor's Crime Investigating Commission created 414 GOVERNOR'S COMMISSION ON CONSTITUTIONAL GOVERNMENT Created 5 Expenses of operation 33 GOVERNOR'S COMMISSION ON ECONOMY AND REORGANIZATION Created 8 GRAND JURIES Nominations for offices filled by grand juries 424 Stenographers in counties of not less than 22,700 and not more than 23,000 persons 2632 GRANTVILLE, CITY OF Name changed from Town of Grantville 2041 GRIFFIN, CITY OF Cemetery trust fund 2669 Chairman of commissioners is mayor 2551 Corporate limits 2444 Powers of board of commissioners 2455 Water, Light and Sewerage Reserve Fund 2451

Page 3300

GROVETOWN, CITY OF New Charter 2223 GUARDIAN AND WARD Code 49-226 amended, right of guardians to borrow money 171 GWINNETT COUNTY Filling of vacancies on board of commissioners 3189 H HABERSHAM COUNTY Compensation of clerk of tax commissioner 2074 HARRIS COUNTY Compensation of board of commissioners 2442 HALL OF FLAGS Committee to gather information on Hall of Flags 230 HAPEVILLE, CITY OF Charter amended 3115 Corporate limits 2545 HARMON, T. G. Relieved as surety on bond 3051 HART COUNTY Assistant to tax commissioner 2579 County government 2580 HARTWELL, CITY OF Elections 2567 HAWKINSVILLE, CITY OF Authority to convey land and to close street 2061 Compensation of commissioners 2372 HEALTH Hearings, etc., by county boards of health 373 Hearings, etc., by State Board of Health 374

Page 3301

HIGHWAY BOARD Hon. James L. Gillis, Sr., member 3 No passing zones, marking 144 Rural roads authority transferred 13 Sale of property in Fulton County authorized 401 State Bridge Building Authority members 11 HIGHWAYS Jefferson Davis Highway designated 399 No passing zones, marking 144 Reciprocal agreements between states ratified 203 Sales of property in Fulton County authorized 401 Size and load limitations of motor vehicles 27 HILBURN, MRS. EARL Compensation to Mrs. Earl Hilburn 3199 HINESVILLE, CITY COURT OF Salary and qualifications of judge 2560 HINESVILLE, CITY OF New charter 2604 HOLDING COMPANIES Investments by banks 328 HOMESTEAD EXEMPTIONS Disabled veterans 170 HOUSING Dormitory housing facilities 65 Prior actions of housing authorities ratified 141 HOUSTON COUNTY Grand juries, terms 254 HUNTING Non resident licenses 184 I INDEPENDENT PRESBYTERIAN CHURCH Charter amended 2470

Page 3302

INDIANA, STATE OF Highway reciprocal agreement ratified 203 INDUSTRIAL DEVELOPMENT Georgia Industrial Development Administration created 346 INLAND MARINE INSURANCE See Insurance. INSPECTION OF DOMESTIC SLAUGHTERING ESTABLISHMENTS Funds for inspections authorized 192 INSPECTIONS OF MEAT, ETC., PROCESSING PLANTS Standards, costs, etc. 168 INSPECTION OF PUBLIC RECORDS Public records open for public inspection 88 INSURANCE Benefits of life policies denied to certain persons 299 Committee to study draft of Revised Insurance Code 398 Driver Responsibility Law amended 341 Expenses of Insurance Laws Revision Committee 103 Hearings and procedure as to rate changes on casualty insurance 274 Hearings and procedures as to rate changes on fire, etc., policies 255 INSURANCE LAWS REVISION COMMITTEE Expenses 103 INTERSTATE COMMERCE Executive order suspending collection of sales tax ratified 225 IRWIN COUNTY Compensation of solicitor-general 122 ITINERANT SHOWS Bonds, service of process 106 Form of bonds or insurance policies 160

Page 3303

J JACKSON, CITY OF Corporate limits 2903 JACKSON COUNTY Annual audits 3214 JEFFERSON DAVIS HIGHWAY Designated 399 JEKYLL ISLAND STATE PARK AUTHORITY Authority to convey easement to United States of America 101 JOHNSON, HOWARD R. Compensation to Howard R. Johnson 3052 JOINT COMMITTEE ON OPERATIONS OF GENERAL ASSEMBLY Created 152 JUDGMENTS Declaratory judgment Act amended 236 Summary judgments 234 JUVENILE COURT ACT Applicable in counties of not less than 150,000 or more than 300,000 persons upon recommendation of grand jury 188 JUVENILE COURT OF FULTON COUNTY Retirement of judge 2838 JUVENILE DETENTION HOME STUDY COMMITTEE Created 396 K KENNESAW, CITY OF Charter amended 2717 KENTUCKY, STATE OF Highway reciprocal agreement ratified 203

Page 3304

KINGSTON, CITY OF New charter, name changed from Town of Kingston 2920 L LABOR COMMISSIONER Private employment agencies regulated 283 LABORERS' LIENS Right of partnerships, corporations, etc., to laborer's and materialmen's liens 367 LAFAYETTE, CITY OF Charter amended 2257 LAGRANGE, CITY OF Corporate limits 2156 LANIER COUNTY Eminent domain 2573 LANIER, SIDNEY, BRIDGE Rates for daily users 406 LAW LIBRARIES Authorized in counties of not less than 27,200 and not more than 27,600 persons 3001 LAWRENCEVILLE, CITY OF Corporate limits 3130 LEGISLATIVE COUNSEL Joint Committee on Operations of General Assembly created 152 LENOX, CITY OF Elections and terms of mayor and council 2563 LIBERTY COUNTY Compensation of sheriff, clerk of superior court and their deputies 2063 Salary and clerical help of tax commissioner 2572

Page 3305

LIBRARY COMMITTEE State Library Committee abolished 51 LIENS Rights of partnerships, corporations, etc., to laborers' and materialmen's liens 367 LIFE ESTATES Partition on petition of life tenants 189 LINCOLN COUNTY Compensation of chairman of commissioners of roads and revenues 2248 LITHIA SPRINGS, CITY OF Chartered 2871 LIVESTOCK Act regulating public livestock auctions and sales amended 296 Handling of livestock at public sales establishments 172 Sales by administrators and executors at public sales 326 LOUISIANA, STATE OF Highway reciprocal agreement ratified 203 LUMPKIN COUNTY Citizens commended 228 Mc McDUFFIE COUNTY Officers placed on salary basis 2568 McRAE, CITY OF Corporate limits 2505 M MACON, CITY OF Authority to close alley 2976 Authority to lease a part of Central City Park 2979 Corporate limits 2968

Page 3306

MACON JUDICIAL CIRCUIT Grand jury terms in Macon County 254 MANCHESTER, CITY OF Land conveyance authorized 390 Terms of commissioners 2534 MARIETTA, CITY OF Charter amended 2111 MARINE INSURANCE See Insurance. MARYLAND, STATE OF Highway reciprocal agreement ratified 203 MATERIALMEN'S LIENS Rights of partnerships, corporations, etc., to laborer's and materialmen's liens 367 MERIT SYSTEM Employees exempt from State Merit System 82 Employees' Suggestion Award Board transferred to State Merit Board 23 MERIWETHER COUNTY Land conveyance authorized 390 METTER, CITY OF Clerk's salary 2591 MICHIGAN, STATE OF Highway reciprocal agreement ratified 203 MILITARY FORCES REORGANIZATION ACT Amended 114 MILITARY LEAVE Act providing for military leave repealed 295 MILK CONTROL ACT Functions transferred 46

Page 3307

MILLEDGEVILLE, CITY OF Charter amended 2552 MILLEDGEVILLE STATE HOSPITAL Arrest power given designated employees 74 Charge for care and treatment 420 MILLER COUNTY Compensation of solicitor-general 129 MINERAL LEASING COMMISSION Act creating, amended 270 MINES, MINING AND GEOLOGY Functions of oil and gas commission 73 MINORS Code 3-115 amended, suits and settlements by married minors 79 MISSISSIPPI, STATE OF Highway reciprocal agreement ratified 203 MITCHELL, TOWN OF Rate of taxation 2807 MONROE COUNTY Law books to superior court 3054 MONTGOMERY COUNTY Salary of solicitor-general 178 MONTEZUMA, CITY OF Land conveyance authorized 387 MONTICELLO, CITY OF New Charter 2683 MOTOR FUEL Signs advertising prices 135

Page 3308

MOTOR VEHICLES Driver Responsibility Law amended 341 Learners licenses 318 No passing zones on highways, marking 144 Non resident motorists' Act amended, service of process 113 Non resident motorists, jurisdiction of courts in certain cases 120 Number of free license plates for disabled veterans 349 Penalty for late registration of motor vehicles 351 Reciprocal agreements for operation of motor vehicles 25 Registration and licensing of motor vehicles for hire 444 Size and load limitations 27 MOULTRIE, CITY OF Charter amended 3023 Wards for selection of school commissioners 3027 MUNICIPAL COURT OF SAVANNAH Practice and procedure 3037 MUNICIPALITIES Act creating traffic courts in cities of 300,000 or more persons amended 3124 Act providing for joint city-county boards of tax assessors in counties having cities with population of over 300,000 persons amended 3112 Act providing for pension studies in cities of over 150,000 persons amended 3083 Act providing for pensions for employees of cities having population of over 150,000 persons amended 3087 , 3088 , 3114 Business licenses in cities having population of more than 300,000 persons 3251 Credit for military service toward retirement for policemen of cities having population of more than 150,000 persons 2635 Expenditures of city and county funds for State parks 75 Pensions to widows of pensioners of cities having population of more than 150,000 persons 2633 Taxation to support independent school systems 157 MURRAY COUNTY Terms of superior court 186 N NATIONAL GUARD Act providing for military leave repealed 295 Military Forces Reorganization Act amended 114

Page 3309

NEW TRIALS Review of first grant of new trials 353 NEWNAN, CITY OF Employees' retirement system 2728 NEWSOME, J. L. Compensation to J. L. Newsome 3042 NON RESIDENT MOTORISTS' ACT Amended, jurisdiction of courts in certain cases 120 Amended, service of process 113 NON RESIDENT USER OF HIGHWAYS Registration and licensing of motor vehicles for hire 444 NORMAN PARK, CITY OF Tax rate 2396 NORTH CAROLINA, STATE OF Highway reciprocal agreement ratified 203 O OBSOLETE STATE RECORDS Destruction of obsolete State records authorized 26 OCONEE JUDICIAL CIRCUIT Salary of solicitor-general 178 Terms in Dodge County 180 OIL AND GAS COMMISSION Abolished, functions transferred 73 OIL CHEMIST Duties of State Oil Chemist 128 OKLAHOMA, STATE OF Highway reciprocal agreement ratified 203 ORDINARIES Applications by executors and administrators to borrow money 99 Code 24-2104 amended, transaction of business 312 Code 49-226 amended, right of guardians to borrow money 171 Code 113-409, 113-602, 113-607, 113-703, 113-1002, 113-1602 amended 136 Duties where no administration of estates necessary 111 Qualifications in counties of 100,000 or more persons 358 Retirement fund Act amended 269 , 354

Page 3310

OXFORD, TOWN OF Salaries of mayor and councilmen 2780 P PANNELL, GUY W. Compensation to Guy W. Pennell 3044 , 3045 PARKER, ALBERT Compensation to Albert Parker 3049 PARKS Easement to tract of land in Unicoi State Park authorized 222 Expenditure of city and county funds for State parks 75 State Park Authority Act repealed 53 PARDONS AND PAROLES See State Board of Pardons and Paroles. PATAULA JUDICIAL CIRCUIT Compensation of solicitor-general 129 PAULDING COUNTY Clerical help for ordinary 2558 Clerical help for tax commissioner 2556 PEACE OFFICERS Annuity and benefit fund Act amended 330 PEACHTREE CITY, CITY OF Chartered 2409 PEMBROKE, CITY COURT OF Compensation of solicitor 2618 PETROLEUM PRODUCTS Enforcement of Act pertaining to misbranding and substituting of petroleum products 128 Signs advertising motor fuel prices 135 PICKENS COUNTY Land conveyance authorized 201

Page 3311

PLANNING COMMISSIONS Act authorizing, amended 335 State Planning Commission abolished, power transferred 53 PLUMBERS Boards of examiners in counties having population of 110,000 or more 3090 POLICE Rules, etc., in counties of not less than 22,650 and not more than 23,450 persons 2096 POLK COUNTY Fee system abolished as to named officers 2732 PORTRAITS Acceptance of portrait of Hon. Walter F. George 380 PORTS AUTHORITIES Augusta Ports Authority created 2761 PORTS AUTHORITY, GEORGIA Extension of option on Whitehall Plantation property urged 409 Land conveyance authorized 145 POWDER SPRINGS, CITY OF Corporate limits 2462 POWERS, WILBUR F. Compensation to Wilbur F. Powers 3200 PRACTICE AND PROCEDURE Act providing for requests for admissions amended 314 Actions by or against unincorporated organizations 44 Code 3-115 amended, suits and settlements by married minors 79 Confidential communications, psychiatrist and patient 190 Continuances because of absence of witnesses 342 Declaratory judgment Act amended 236 Depositions and discovery 425 Jurisdiction of courts over non resident motorists in certain cases 120 Non resident motorists, service of process 113

Page 3312

Partition of land or tenements on petition of one or more life tenants 189 Review of first grant of new trials 353 Service of process, etc., on non resident, non domesticated corporations 126 Summary judgments 234 Transaction of business with ordinaries 312 Uniform Foreign Depositions Act adopted 311 PRATHER, BERT Georgia Golf Day in memory of Bert Prather 407 PRESBYTERIAN CHURCH OF SAVANNAH Charter amended 2470 PRESIDENTIAL ELECTORS ACT OF 1958 Functions transferred to Elections Commission 56 PSYCHIATRIST AND PATIENT Confidential communication between psychiatrist and patient 190 PUBLIC HEALTH DEPARTMENT Substitute birth certificate for adopted children 304 PUBLIC HOUSING Dormitory Housing Facilities 65 Prior actions of housing authorities ratified 141 PUBLIC OFFICERS Actions on official bonds 411 PUBLIC OFFICIALS Offices filled by grand juries 424 Public records open for inspection 88 State to furnish counsel to represent public officials in certain cases 18 PUBLIC RECORDS Inspection of public records 88 PUBLICITY SAFETY DEPARTMENT Learners license 318

Page 3313

PUBLIC SCHOOLS See Education PUBLIC SERVICE COMMISSION Reciprocal agreements ratified 203 PULASKI COUNTY Compensation of commissioner of roads and revenues 2844 Salary of solicitor-general 178 PURCHASING DEPARTMENT Compensation of State supervisor of purchases 177 Q QUITMAN COUNTY Compensation of solicitor-general 129 R RACING ON HIGHWAYS Crime, punishment 303 RADIO STATION WGST Employees included under Teachers' Retirement Act 315 RAILROADS Recommendation by Western and Atlantic Railroad Commission to General Assembly 365 RANDOLPH COUNTY Compensation of County Commissioners 2035 Compensation of solicitor-general 129 REAL ESTATE Loans by banks, Code 13-2015 amended 250 Partition on petition of one or more life tenants 189 Sale of county owned real property 325 Trespass upon lands of another 173 REBUILT Rebuilt and remanufactured motors, etc., to be labeled 372

Page 3314

RECIPROCAL AGREEMENTS FOR OPERATION OF MOTOR VEHICLES Commission abolished, powers transferred to Governor 25 Highway reciprocal agreement ratified 203 RECORDS Destruction of obsolete State records authorized 26 Inspection of public records 88 RECREATION COMMISSION Georgia Recreation Commission abolished 32 REGENTS, BOARD OF closing of schools, colleges, etc., under control of Board of Regents authorized 18 Dormitory Housing Facilities 65 REGISTRATION OF BIRTHS Substitute birth certificates for adopted children 304 REIDSVILLE, CITY COURT OF Funds paid to Tattnall County 2846 REMANUFACTURED Remanufactured and rebuilt motors, etc., to be labeled 372 REQUESTS FOR ADMISSIONS Consequences of denying true fact 314 RINGGOLD, TOWN OF Corporate limits 2598 Elections 2600 RETIREMENT Act providing for pension study in cities of over 150,000 persons amended 3083 Act providing for pensions for employees of cities having population of over 150,000 persons amended 3087 , 3114 Benefits for employees of cities of 150,000 or more population 2100 Credit for military service toward retirement for policemen of cities having population of more than 150,000 persons 2635

Page 3315

Employees of Radio Station WGST included under Teachers' Retirement Act 315 Employees Retirement System Act amended 107 Judges of superior court emeritus 301 Ordinaries Retirement Fund Act amended 269 , 354 Peace Officers Annuity and Benefit Fund Act amended 330 Pensions to widows of pensioners of cities having population of more than 150,000 persons 2633 Social security coverage for employees of Georgia Military College 445 Teachers' Retirement System Act amended, creditable service, etc. 319 REVENUE See also Taxation. Compensation of State Revenue Commissioner 177 Registration and licensing of motor vehicles for hire 444 RICHMOND COUNTY Board of education 2898 ROGERS, TOMMIE T. Compensation to Tommie T. Rogers 3048 ROME, CITY OF Charter amended 2347 Corporate limits 2343 ROSSVILLE, CITY OF Corporate limits 3134 RURAL ROADS Georgia Rural Roads Authority transferred to State Highway Board 13 S SAFETY FIRE COMMISSIONER Advisory Board and Board of Appeals abolished 50 ST MARYS, CITY OF Authority to abandon certain streets 2037 Stabilized tax program, proposed amendment to the Constitution 460

Page 3316

SALARIES Revenue commission and State supervisor of purchases 177 SAPP, D. C. Conveyance of land to D. C. Sapp authorized 446 SAVANNAH, CITY COURT OF Judge's salary 3128 SAVANNAH, CITY OF Civil service system 3137 Corporate limits 2380 Easement granted City of Savannah ratified 202 Police court 2007 SAVANNAH, MUNICIPAL COURT OF Practice and procedure 3037 SAVANNAH REAL ESTATE BOARD, INC. Compensation for services rendered 402 SCHLEY COUNTY Publication of statement of disbursement 2039 SCHOOLS See Education. SCREVEN, CITY OF New Charter 2203 SECRETARY OF STATE Bonds of Itinerant Shows, service of process 106 Caretakers for Confederate cemeteries 229 Copies of process on non resident banks, etc., acting in fiduciary capacities 174 Form and content of bonds, etc., of itinerant shows 160 Georgia Securities Act amended 89 Member committee to study compensation of members of General Assembly 403 Non resident motorists' Act amended, service of process 113 Service of process, etc., on non resident, non domesticated corporations 126 Service of process on non resident trustees 175 Survey and map of Atlantic coast line 378

Page 3317

SECURITIES Georgia Securities Act amended 89 SEMINOLE COUNTY Compensation 3203 Compensation of solicitor-general 129 SENOIA, CITY OF Taxation 3009 SEPARATION OF POWERS Enforcement of provision of Constitution 34 SERVICE STATIONS Signs advertising motor fuel prices 135 SHELLMAN, CITY OF Name changed from Town of Shellman 2033 SHERIFFS Supplemental compensation for sheriffs of counties of not less than 11,710 and not more than 11,895 population 3107 SIDNEY LANIER BRIDGE Toll charges for daily users 406 SMALL CLAIMS COURT Act amended as to counties of not less than 18,923 and not more than 18,996 population 2099 SMALL LOAN ACT Advisory Board for Georgia Industrial Loan Act abolished 55 SMYRNA, CITY OF Charter amended 3217 SOCIAL SECURITY Coverage for employees of Georgia Military College 445

Page 3318

SOLICITATION OF VOTES Within 150 feet of voting places in counties of not less than 150,000 persons and not more than 300,000 persons 2045 SOUTH CAROLINA, STATE OF Highway reciprocal agreement ratified 203 SOUTH GEORGIA TRADE AND VOCATIONAL SCHOOL Exchange of land authorized 392 SPARKS, TOWN OF Land conveyance from State authorized 76 SPARTA, CITY OF Corporate limits 2353 SPEAR FISHING Regulated 181 SPRINGFIELD, CITY OF Election hours 2250 STATE BOARD OF HEALTH Hearings, etc. 374 STATE BOARD OF PARDONS AND PAROLES Advisory staff abolished 24 STATE BOARD OF REGISTRATION FOR FORESTERS Act amended 161 STATE BRIDGE BUILDING AUTHORITY Transferred to State Highway Board 11 STATE EMPLOYEES Actions constituting crimes 34 Commended 411 Employees Retirement System Act amended 107

Page 3319

STATE FARMER'S MARKETS Funds for expansion 376 Operation 242 STATE GAME AND FISH COMMISSION Crabbing in counties of more than 150,000 persons regulated 2613 Non resident licenses 184 Spear fishing regulated 181 STATE HIGHWAY BOARD Hon. James L. Gillis, Sr., member 3 No passing zones, marking 144 Rural Roads Authority transferred 13 Sale of property in Fulton County authorized 401 State Bridge Building Authority members 11 STATE LIBRARY State Library Committee abolished 51 STATE MENTAL INSTITUTIONS Charge for treatment and care 420 Power of arrest at Milledgeville State Hospital 74 STATE MERIT BOARD Employees' Suggestion Award Board transferred to State Merit Board 23 Exempt employees 82 STATE OIL CHEMIST Enforcement of Act pertaining to misbranding and substituting of petroleum products 128 STATE PARK AUTHORITY ACT Repealed 53 STATE PARKS Expenditure of city and county funds for State parks 75 State Park Authority Act repealed 53 STATE PLANNING COMMISSION Abolished, powers transferred 53

Page 3320

STATE RECORDS Destruction of obsolete State records authorized 26 STATE SCHOOL BUILDING AUTHORITY Chancellor of University System a member 363 Common management with University System Building Authority 28 STATE TOLL BRIDGE AUTHORITY Rates for daily users of Sidney Lanier Bridge 406 STATE WAR BALLOT COMMISSION Functions transferred to Elections Commission 58 STEAM FITTERS Board of examiners in counties having population of 110,000 or more. 3090 STONE MOUNTAIN MEMORIAL ASSOCIATION ACT Amended 333 STORY, LUTHER The Luther Story Bridge designated 198 SUMMARY JUDGMENTS Procedure 234 SUMMERVILLE, CITY OF New Charter 2809 SUMTER COUNTY Land conveyance authorized 392 SUPERIOR COURTS See also Name of Counties. Records, Code 24-2714 amended as to counties of not less than 15,200 and not more than 15,900 population 2094 Code 24-3104 amended, compensation of court reporters 61 Judges emeritus 301 Terms of Cherokee Judicial Circuit 186

Page 3321

SWAINSBORO, CITY OF Corporate limits 2654 T TALBOT COUNTY Compensation of tax commissioner 2457 TATTNALL COUNTY Funds from City Court of Reidsville 2846 TAX ASSESSORS Act providing for joint city county board of tax assessors in counties having cities with population of 300,000 persons amended 3112 TAX RECEIVERS Act providing for fees not applicable in counties having population of not less than 6,050 and not more than 6,100 persons 2664 TAXATION Compensation of State Revenue Commissioner 177 Dealer license plates for trailer manufacturers and dealers 232 Executive orders suspending collection of taxes and penalties ratified 218 Executive orders suspending collection of sales tax ratified 225 Homestead exemptions for disabled veterans 170 Market value of bank stock, Code 92-2406 amended 327 Numbers of free automobile license tags for disabled veterans 349 Penalty for late registration of motor vehicles 351 Qualifications of Commissioner of Revenue 4 Registration and licensing of motor vehicles for hire 444 Support of independent school systems 157 Tax credits for contributions to educational organizations 7 TEACHERS RETIREMENT Act amended, creditable service, etc. 319 Employees of Radio Station WGST included 315 TELFAIR COUNTY Compensation, etc., of commissioner of roads and revenues 2756 Compensation of clerk of tax commissioner 2754 Compensation of tax commissioner 2514

Page 3324

UNITED STATES CONSTITUTION Memorial to Congress to amend U. S. Constitution, education 383 UNITED STATES OF AMERICA Easement to land in Glynn County authorized 101 UNITED STATES SENATORS Elections commission to canvass votes 60 UNIVERSITY SYSTEM See also Education. Dormitory Housing Facilities 65 UNIVERSITY SYSTEM BUILDING AUTHORITY Chancellor of University System, member 362 Common management with State School Building Authority 30 V VALDOSTA, CITY OF Corporate limits 2855 Fines in recorder's court 2862 VAUGHN, HENRY Relieved as principal on bond 3051 VETERANS Committee to investigate veterans' hospital facilities, etc. 196 Homestead exemptions for disabled veterans 170 Number of free automobile license tags for disabled veterans 349 War Veterans Memorial Building commission abolished 21 VETERANS RESETTLEMENT ACT OF 1945 Repealed 54 VIENNA, CITY OF Qualification of voters 2271 VIRGINIA, STATE OF Highway reciprocal agreement ratified 203

Page 3325

VITAL STATISTICS Substitute birth certificates for adopted children 304 VOCATIONAL REHABILITATION ACT Amended, liens 343 VOTERS' REGISTRATION ACT OF 1958 Cancellation of registration 182 Functions transferred to Elections Commission 57 VOTING MACHINES Act authorizing use, amended 413 W WADLEY, CITY OF Elections 2401 WALKER COUNTY Sale of mobile equipment 2252 WALKER COUNTY, CITY COURT OF New trials, judge's salary 2254 WATTENBARGER, MRS. ANNA Compensation to Mrs. Anna Wattenbarger 3201 WAR BALLOT COMMISSION Functions of State War Ballot Commission transferred 58 WAR VETERANS MEMORIAL BUILDING COMMISSION Abolished 21 WARE COUNTY Sanitary districts, etc. 2740 WAREHOUSES Georgia State Warehouse Act amended 246 WARNER ROBINS, CITY OF Corporate limits 3005

Page 3322

Land conveyance from State authorized 385 Salary of solicitor-general 178 TENNESSEE, STATE OF Highway reciprocal agreement ratified 203 TERRELL COUNTY Compensation of solicitor-general 129 THOMASTON, CITY OF Corporate limits 2003 THOMSON, CITY OF Corporate limits 2067 THUNDERBOLT, TOWN OF Number of aldermen, special election 2109 TIDWELL, A. W. Compensation to A. W. Tidwell 3046 TIFT COUNTY Compensation of solicitor-general 122 TIFTON JUDICIAL CIRCUIT Compensation of solicitor-general 122 TOOMBS COUNTY Board of commissioners created 2010 Quarterly statements, annual audits 2021 TRAFFIC COURTS Act creating traffic courts in cities of 300,000 or more persons amended 3124 TRAILERS Dealer plates for manufacturers and dealers 232 TRANSACTIONS WITH STATE Actions constituting crimes 34

Page 3323

TRAPPING Non resident licenses 184 TREASURER, STATE Member committee to study compensation of members of General Assembly 403 TRESPASS Wilful trespass upon lands of another 173 TROUP COUNTY Compensation of coroner 2160 TRUSTEES Appointment of trustees, Code 108-315 amended 324 Service of process on non resident trustees 175 TRUSTS Common trust fund Act amended 313 TURNER COUNTY Commissioners of roads and revenues 2574 Compensation of solicitor-general 122 TWIN CITY, CITY OF Mayor and commission 2592 U UNICOI STATE PARK Easement to United States authorized 222 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended, racing 303 No passing zones, marking 144 UNIFORM FOREIGN DEPOSITIONS ACT Adopted 311 UNION COUNTY Commissioners of roads and revenues 2053

Page 3326

WARREN COUNTY Annual audits 2071 WATKINSVILLE, CITY OF Charter amended 2438 WAYCROSS, CITY OF Compensation of city manager 2374 Corporate limits 2983 , 3140 WAYNE COUNTY Sheriff and clerk of superior court placed on salaries 3031 WELFARE DEPARTMENT Arrest powers given designated employees of Milledgeville State Hospital 74 Charge for treatment, etc., at State Mental Institutions 420 WEST VIRGINIA, STATE OF Highway reciprocal agreement ratified 203 WESTERN AND ATLANTIC RAILROAD Expansion of facilities 404 WESTERN AND ATLANTIC RAILROAD COMMISSION Recommendations to General Assembly 365 WGST Employees of Radio Station WGST included under Teachers' Retirement Act 315 WHEELER COUNTY Salary of solicitor-general 178 WHITE, CITY OF Name changed from Town of White, charter amended 2907 WHITE COUNTY Easement to United States authorized 222

Page 3327

WHITEHALL PLANTATION Extension of option urged 409 WHITFIELD COUNTY Terms of superior court 186 WILKES COUNTY Law books 3050 WILLS AND ADMINISTRATION OF ESTATES Code 113-409, 113-602, 113-607, 113-703, 113-1002, 113-1602 amended 136 Denial of right of inheritance 299 Executors and administrators may borrow money 99 Procedure when no administrator necessary 111 Sale of livestock at public sales 326 WILSON, JOHN T. Conveyance of land to John T. Wilson authorized 446 WILSON, W. R., JR. Conveyance of land to W. R. Wilson, JR., authorized 446 WILSON, W. R., SR. Conveyance of land to W. R. Wilson, Sr., authorized 446 WINTERVILLE, CITY OF Easements to public utilities 2399 WITNESS Fees for law enforcement officers in counties of not less than 115,000 and not more than 200,000 population 3091 WORTH COUNTY Compensation of solicitor-general 122

Page 3328

POPULATION OF GEORGIA COUNTIES 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

Page 3329

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

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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

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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 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 David 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

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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

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MEMBERS OF THE GENERAL ASSEMBLY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES WITH DISTRICTS AND POST OFFICES, FOR THE TERM 1959-1960 Senators District Post Office Adams, Joe B. 22nd P. O. Box 186, Barnesville Barrett, Clarence E., Sr. 32nd Cleveland Barrett, Walter W. 45th McRae Breedlove, William H. 27th Watkinsville Brooks, R. C. 23rd Reynolds Brown, Charlie 52nd P.O. Box 30, Atlanta 1 Buff, John B., Jr. 44th Ringgold Cannon, R. E. 40th Clayton Carlisle, J. Douglas 51st Macon Clary, H. Eulond 29th Thomson Crowe, W. J. 10th Sylvester Culpepper, Robert, Jr. 7th Camilla Darby, James F. 15th Vidalia Doster, Norman B. 48th Rochelle Drew, W. E. 12th Preston Dykes, Carl R. 2nd Hinesville Edenfield, Henry C. 16th Swainsboro Gearreld, Frank L. 37th Franklin Greer, John W. 6th Lakeland Hays, Broughton C. 8th Colquitt Holt, Dr. J. T. 54th Baxley Holton, Noah, Sr. 46th P.O. Box 466, Douglas Horne, Sherrard 13th Americus Jernigan, Wallace L. 5th Box 68, Homerville Jordan, Robert H. 25th Talbotton Kennedy, T. E., Jr. 47th Ashburn Kiker, C. W., Sr. 41st Blue Ridge Land, A. T. 21st Allentown Lanier, Joe N. 20th Harrison Lindsey, E. M. 53rd Rt. 2, Lenox Lindsey, V. E. 11th Fort Gaines Livingston, Dr. D. M. 38th Cedartown Marshall, Asa M., Jr. 28th Eatonton

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Marshburn, R. J. 33rd Shalom Farm, Homer Mercer, Russell J. 49th Metter Mobley, T. Watson 17th Girard McGill, Sam P. 50th Washington Nixon, C. O. 35th Covington Pannell, Chas. A. 43rd Chatsworth Perry, Eldridge Wells 24th Buena Vista Purcell, Parker 31st Carnesville Ramsey, H. N., Sr. 1st Springfield Redwine, Harry H. 26th Fayetteville Roach, Thomas A. 39th Ball Ground Roper, Allen P. 19th Greensboro Sanders, Carl E. 18th Augusta Screws, Mack C. 9th Newton Shaw, Tyron 3rd Ludowici Skelton, Joseph S. 30th Hartwell Slade, R. L., Jr. 14th Hawkinsville Smith, Charles C. 4th St. Marys Vaughn, Clarence R., Jr. 34th Conyers Watson, Rev. C. P. 36th Concord Wright, Barry, Jr. 42nd P.O. Box 268, Rome

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER WITH COUNTIES AND POST OFFICES First DistrictEFFINGHAM, Chatham H. N. RAMSEY, SR. Springfield Second DistrictLIBERTY, Bryan, McIntosh CARL R. DYKES Hinesville Third DistrictLONG, Brantley, Wayne TYRON SHAW Ludowici Fourth DistrictCAMDEN, Charlton, Glynn CHARLES C. SMITH St. Marys Fifth DistrictCLINCH, Ware, Atkinson WALLACE L. JERNIGAN Box 68, Homerville Sixth DistrictLANIER, Echols, Lowndes JOHN W. GREER Lakeland Seventh DistrictMITCHELL, Thomas, Grady ROBERT CULPEPPER, JR. Camilla Eighth DistrictMILLER, Decatur, Seminole BROUGHTON C. HAYS Colquitt Ninth DistrictBAKER, Calhoun, Early MACK C. SCREWS Newton Tenth DistrictWORTH, Lee, Dougherty W. J. CROWE Sylvester Eleventh DistrictCLAY, Randolph, Terrell V. E. LINDSEY Fort Gaines Twelfth DistrictWEBSTER, Quitman, Stewart W. E. DREW Preston Thirteenth DistrictSUMTER, Macon, Schley SHERRARD HORNE Americus Fourteenth DistrictPULASKI, Bleckley, Dooly R. L. SLADE, JR. Hawkinsville Fifteenth DistrictTOOMBS, Montgomery, Wheeler JAMES F. DARBY Vidalia Sixteenth DistrictEMANUEL, Laurens, Treutlen HENRY C. EDENFIELD Swainsboro Seventeenth DistrictBURKE, Jenkins, Screven T. WATSON MOBLEY Girard

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Eighteenth DistrictRICHMOND, Glascock, Jefferson CARL E. SANDERS Augusta Nineteenth DistrictGREENE, Warren, Taliaferro ALLEN P. ROPER Greensboro Twentieth DistrictWASHINGTON, Baldwin, Hancock JOE N. LANIER Harrison Twenty-First DistrictWILKINSON, Johnson, Jones A. T. LAND Allentown Twenty-Second DistrictLAMAR, Monroe, Butts JOE B. ADAMS P. O. Box 186, Barnesville Twenty-Third DistrictTAYLOR, Crawford, Peach R. C. BROOKS Reynolds Twenty-Fourth DistrictMARION, Muscogee, Chattahoochee ELDRIDGE WELLS PERRY Buena Vista Twenty-Fifth DistrictTALBOT, Harris, Upson ROBERT H. JORDAN Talbotton Twenty-Sixth DistrictFAYETTE, Spalding, Clayton HARRY H. REDWINE Fayetteville Twenty-Seventh DistrictOCONEE, Jackson, Barrow WILLIAM H. BREEDLOVE Watkinsville Twenty-Eighth DistrictPUTNAM, Morgan, Jasper ASA M. MARSHALL, JR. Eatonton Twenty-Ninth DistrictMcDUFFIE, Columbia, Lincoln H. EULOND CLARY Thomson Thirtieth DistrictHART, Madison, Elbert JOSEPH S. SKELTON Hartwell Thirty-First DistrictFRANKLIN, Stephens, Habersham PARKER PURCELL Carnesville Thirty-Second DistrictWHITE, Lumpkin, Dawson CLARENCE E. BARRETT, SR. Cleveland Thirty-Third DistrictBANKS, Hall, Forsyth R. J. MARSHBURN Shalom Farm, Homer Thirty-Fourth DistrictROCKDALE, DeKalb, Gwinnett CLARENCE R. VAUGHN, JR. Conyers Thirty-Fifth DistrictNEWTON, Walton, Henry C. O. NIXON Covington Thirty-Sixth DistrictPIKE, Coweta, Meriwether REV. C. P. WATSON Concord

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Thirty-Seventh DistrictHEARD, Carroll, Troup FRANK L. GEARRELD Franklin Thirty-Eighth DistrictPOLK, Paulding, Haralson DR. D. M. LIVINGSTON Cedartown Thirty-Ninth DistrictCHEROKEE, Douglas, Cobb THOMAS A. ROACH Ball Ground Fortieth DistrictRABUN, Towns, Union R. E. CANNON Clayton Forty-First DistrictFANNIN, Gilmer, Pickens C. W. KIKER, SR Blue Ridge Forty-Second DistrictFLOYD, Bartow, Chattooga BARRY WRIGHT, JR. Box 268, Rome Forty-Third DistrictMURRAY, Whitfield, Gordon CHAS. A. PANNELL Chatsworth Forty-Fourth DistrictCATOOSA, Dade, Walker JOHN B. BUFF, JR. Ringgold Forty-Fifth DistrictTELFAIR, Irwin, Ben Hill WALTER W. BARRETT McRae Forty-Sixth DistrictCOFFEE, Pierce, Bacon NOAH HOLTON, SR. Box 466, Douglas Forty-Seventh DistrictTURNER, Colquitt, Tift T. E. KENNEDY, JR. Ashburn Forty-Eighth DistrictWILCOX, Crisp, Dodge NORMAN B. DOSTER Rochelle Forty-Ninth DistrictCANDLER, Evans, Bulloch RUSSELL J. MERCER Metter Fiftieth DistrictWILKES, Oglethorpe, Clarke SAM P. McGILL Washington Fifty-First DistrictBIBB, Twiggs, Houston J. DOUGLAS CARLISLE Macon Fifty-Second DistrictFULTON CHARLIE BROWN P. O. Box 30, Atlanta 1 Fifty-Third DistrictCOOK, Brooks, Berrien E. M. LINDSEY Rt. 2, Lenox Fifty-Fourth DistrictAPPLING, Jeff Davis, Tattnall DR. J. T. HOLT Baxley

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES, FOR THE TERM 1959-1960 Representative County Post Office Allen, Francis W. Bulloch Statesboro Andrews, Robert E. Hall Gainesville Arnsdorff, B. Frank Effingham Springfield Bagby, George T. Paulding Dallas Ballard, W. D. Newton Covington Barber, Mac Jackson Commerce Barnett, J. L. (Leckey) Baker Rt. 1, Elmodel Barrett, Carl Cherokee Holly Springs Baughman, Leon Hodges Early Cedar Springs Black, J. Lucius Webster Preston Blalock, D. B. Coweta Newnan Blalock, Edgar Clayton Jonesboro Boggs, Harold A. Madison Danielsville Bolton, Arthur K. Spalding Rt. B. Griffin Bostick, Henry Tift Tifton Bowen, A'Delbert (Dell) Randolph Cuthbert Bozeman, J. W. (Jim), Jr. Thomas Meigs Brackin, J. O. Seminole Iron City Bradley, W. H. Bartow Cartersville Branch, W. Frank Tift Tifton Braswell, Oris Wheeler Alamo Brennan, Edward T. Chatham Savannah Brooks, George B. Oglethorpe Crawford Brooks, Wilson Fulton Atlanta Budd, Roger M. Lowndes Valdosta Busbee, George D. Dougherty Albany Bynum, Knox Rabun Clayton Caldwell, Johnnie L. Upson Thomaston Callier, H. Chris Talbot Talbotton Campbell, Albert Walker LaFayette Carr, Buford W. Dooly Vienna Carswell, Geo. H. Wilkinson Irwinton Carswell, Porter W. Burke Waynesboro Chandler, Philip M. Baldwin Milledgeville Cheatham, Frank S., Jr. Chatham Savannah

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Cheek, Hugh G. Taylor Butler Coalson, Elmer John Polk Rt. 3, Rockmart Cocke, Steve M. Terrell Dawson Coker, Robert E. Walker LaFayette Conner, Jimmy Jeff Davis Hazlehurst Cox, Julian H. Clarke Athens Craven, S. P. Carroll Rt. 1, Carrollton Deen, Braswell Drue, Jr. Bacon Alma Denmark, Roscoe Liberty Hinesville Dicus, Harry Muscogee Columbus Dilworth, Anderson Franklin Royston Dorminy, A. B. C., Jr. Ben Hill Fitzgerald Dorsey, James B. Wilcox Abbeville Duncan, J. Ebb Carroll Carrollton Dunn, Lamar E. Pike Williamson Echols, Talmage B. Upson Thomaston Edwards, C. W., Sr. Richmond Augusta Ellis, S. Thomas Henry McDonough Fitzgerald, Byrom M. Long Ludowici Fleming, William M., Jr. Richmond Augusta Floyd, James H. Chattooga Trion Flynt, Wales T. Taliaferro Crawfordville Fordham, Wiley B. Bulloch Statesboro Fowler, A. A., Jr. Douglas Douglasville Fowler, Wyman Treutlen Soperton Freeman, William Bradford Monroe Forsyth Fuqua, J. B. Richmond Augusta Goble, Ed Gilmer Rt. 4, Ellijay Gowen, Charles L. Glynn Brunswick Green, Harry E. Laurens Montrose Griffin, R. A. Cheney Decatur Bainbridge Gross, Frank L. Stephens Toccoa Hale, Maddox J. Dade Trenton Hall, H. G. Lee Leesburg Hall, J. Battle Floyd Rome Hedden, Edward Towns Hiawassee Hill, Render Meriwether Greenville Hill, Wilton Tattnall Reidsville Hodges, Ben A. Ware Waycross Holcombe, Eugene W. Cobb Marietta Hollis, Howell Muscogee Columbus

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Hood, Tom C. White Cleveland Horton, N. Dudley, Jr. Putnam Eatonton Huddleston, Grady L. Fayette Fayetteville Hudson, D. D. Irwin Ocilla Hurst, Joe J. Quitman Georgetown Ingle, Buford A. Gordon Resaca Irvin, Thomas T. Habersham Rt. 1, Mt. Airy Jessup, Ben Bleckley Cochran Johnson, M. Merrill Jenkins Millen Johnson, Spencer H. Butts Indian Springs Joiner, Francis Washington Tennille Jones, Clarence C. Wayne Jesup Jones, David C. Worth Sylvester Jones, Robert W. Union Blairsville Jones, Thad M. Sumter Plains Jones, W. T. Crawford Roberta Jordan, Luther Banks Star Rt., Lula Jordan, W. Harvey Calhoun Leary Keever, Henry A. Bartow Cartersville Kelly, Roy R. Jasper Monticello Kidd, Edwards Culver, Jr. Baldwin Milledgeville Killian, William R. Glynn Brunswick Kimmons, W. H. Bill Pierce Blackshear King, Joe N. Chattahoochee Cusseta Kirkland, Joe Atkinson Rt. 1, Pearson Lam, C. O. Troup Hogansville Lancaster, Ulysses S. Jones Rt. 1, Gray Lanier, William L. (Bill) Candler Metter Larkins, J. Floyd Brantley Hoboken Lee, William J. (Bill) Clayton Rt. 1, Forest Park Loggins, Joseph E. Chattooga Summerville Lokey, Leonard N. McDuffie Thomson Lott, H. W. Berrien Nashville Love, John W., Jr. Catoosa Ringgold Lovett, W. Herschel Laurens Dublin Lowrey, Sidney Floyd Rt. 1, Rome Mackay, James A. DeKalb Decatur Magoon, Harry Hart Hartwell Mann, James C. Rockdale Conyers Massee, R. C. (Bob) Pulaski Hawkinsville

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Matthews, Chappelle Clarke Athens Matthews, Dorsey Rhudolph Colquitt Rt. 1, Moultrie McClelland, Ralph Fulton Atlanta McCown, W. T. (Bill) Polk Cedartown McCracken, J. Roy Jefferson Avera McGee, Norman A. Chatham Savannah McGibony, T. Hamp Greene Greensboro McKemie, Henry G. Clay Colemank McKenna, Andrew W. Bibb Macon McWhorter, W. Hugh DeKalb Decatur Melton, Quimby, Jr. Spalding Griffin Milhollin, Henry R. Coffee Rt. 2, Douglas Miller, Dr. J. H. Elbert Elberton Miller, Jerre Chappell, Jr. Twiggs Jeffersonville Moate, Marvin E. Hancock Sparta Moore, Henry W., Jr. Lumpkin Dahlonega Moorman, Warren S. Lanier Lakeland Morgan, Handsel Gwinnett Buford Mull, Reid Fannin Blue Ridge Murphy, Harold L. Haralson Buchanan Musgrove, Downing Clinch Homerville NeSmith, Jimmy D. Meriwether Manchester Newton, David L. Colquitt Rt. 2, Norman Park. Odom, Colquitt Hurst Dougherty Albany Odom, John D. Camden Kingsland Orr, Wilbur A., Jr. Wilkes Washington Otwell, Roy P. Forsyth Cumming Palmer, Tom C., Jr. Mitchell Pelham Paris, James W. Barrow Winder Parker, H. Walstein Screven Rt. 6, Sylvania Parker, Thomas A. Ware Waycross Parker, W. C. Bill Appling Baxley Payton, Henry N. Coweta Newnan Pelham, B. E. Schley Ellaville Phillips, Glenn S. Columbia Harlem Phillips, John Lee Walton Monroe Phillips, J. Taylor Bibb Macon Pickard, Mac Muscogee Columbus Pickett, W. Hays Pickens Jasper Raulerson, Louis T. Echols Haylow

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Ray, Jack B. Warren Norwood Reed, Raymond M. Cobb Smyrna Rodgers, H. Ben Charlton Folkston Rogers, J. Artie Heard Franklin Ross, Ben B. Lincoln Lincolnton Rowland, Emory L. Johnson Wrightsville Rutland, Guy W., Jr. DeKalb Decatur Saffold, R. E. Toombs Vidalia Scoggin, Robert L. (Bob) Floyd Rome Scott, W. Fred Thomas Thomasville Sheffield, John E., Jr. Brooks Quitman Shuman, Jack W. Bryan Pembroke Singer, Sam S. Stewart Lumpkin Smith, Geo. L., II Emanuel Swainsboro Smith, George T. Grady Cairo Smith, J. R. Lamar Barnesville Smith, M. M. (Muggsy) Fulton Atlanta Smith, Virgil T. Whitfield Dalton Souter, J. Lester Macon Montezuma Steis, William Burton Harris Hamilton Stevens, E. C. (Hamp) Marion Buena Vista Story, Earl P. Gwinnett Lawrenceville Strickland, Ernest W. Evans Rt. 2, Claxton Stuckey, W. S., Sr. Dodge Eastman Summers, Marvin Lester Crisp Rt. 2, Cordele Tabb, Buck Miller Colquitt Tamplin, Howard H. Morgan Madison Taylor, Henry Dawson Star Rt., Gainesville Taylor, John L. Decatur Attapulgus Terry, A. F. Murray Chatsworth Todd, W. G. Glascock Gibson Trotter, William P. Troup LaGrange Tucker, M. King Burke Waynesboro Twitty, Frank S. Mitchell Camilla Undercofler, Hiram K. Sumter Americus Underwood, Joe C. Montgomery Mt. Vernon Walker, Fred H. Lowndes Valdosta Walker, Wimbric Telfair McRae Watson, R. Herman Houston Warner Robins Wells, D. Warner Peach Fort Valley

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Wells, Hubert H. Oconee Watkinsville White, Daniel H. McIntosh Darien Wilkes, Wilson B. Cook Adel Williams, George J. Coffee Rt. 1, Axson Williams, W. M. (Bill) Hall Gainesville Willingham, Harold S. Cobb Marietta Wilson, Edgar H. Bibb Macon Winkle, Homer E. Whitfield Dalton Young Clyde S. Turner Rebecca

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1959-1960 County Representative Post Office Appling W. C. Bill Parker Baxley Atkinson Joe Kirkland Rt. 1, Pearson Bacon Braswell Drue Deen, Jr. Alma Baker J. L. (Leckey) Barnett Rt. 1, Elmodel Baldwin Edwards Culver Kidd, Jr. Milledgeville Baldwin Philip M. Chandler Milledgeville Banks Luther Jordan Star Rt., Lula Barrow James W. Paris Winder Bartow Henry A. Keever Cartersville Bartow W. H. Bradley Cartersville Ben Hill A. B. C. Dorminy, Jr. Fitzgerald Berrien H. W. Lott Nashville Bibb J. Taylor Phillips Macon Bibb Edgar H. Wilson Macon Bibb Andrew W. McKenna Macon Bleckley Ben Jessup Cochran Brantley J. Floyd Larkins Hoboken Brooks John E. Sheffield, Jr. Quitman Bryan Jack W. Shuman Pembroke Bulloch Francis W. Allen Statesboro Bulloch Wiley B. Fordham Statesboro Burke Porter W. Carswell Waynesboro Burke M. King Tucker Waynesboro Butts Spencer H. Johnson Indian Springs Calhoun W. Harvey Jordan Leary 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 Norman A. McGee Savannah Chatham Frank S. Cheatham, Jr. Savannah Chattahoochee Joe N. King Cusseta Chattooga Joseph E. Loggins Summerville

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Chattooga James H. Floyd Trion Cherokee Carl Barrett Holly Springs Clarke Julian H. Cox Athens Clarke Chappelle Matthews Athens Clay Henry G. McKemie Coleman Clayton Edgar Blalock Jonesboro Clayton William J. (Bill) Lee Rt. 1, Forest Park Clinch Downing Musgrove Homerville Cobb Harold S. Willingham Marietta Cobb Raymond M. Reed Smyrna Cobb Eugene W. Holcombe Marietta Coffee George J. Williams Axson Coffee Henry R. Milhollin Rt. 2, Douglas Colquitt Dorsey Rhudolph Matthews Rt. 1, Moultrie Colquitt David L. Newton Rt. 2, Norman Park Columbia Glenn S. Phillips Harlem Cook Wilson B. Wilkes Adel Coweta Henry N. Payton Newnan Coweta D. B. Blalock Newnan Crawford W. T. Jones Roberta Crisp Marvin Lester Summers Rt. 2, Cordele Dade Maddox J. Hale Trenton Dawson Henry Taylor Star Rt., Gainesville Decatur R. A. Cheney Griffin Bainbridge Decatur John L. Taylor Attapulgus DeKalb James A. Mackay Decatur DeKalb W. Hugh McWhorter Decatur DeKalb Guy W. Rutland, Jr. Decatur Dodge W. S. Stuckey, Sr. Eastman Dooly Buford W. Carr Vienna Dougherty George D. Busbee Albany Dougherty Colquitt Hurst Odom Albany Douglas A. A. Fowler, Jr. Douglasville Early Leon Hodges Baughman Cedar Springs Echols Louis T. Raulerson Haylow Effingham B. Frank Arnsdorff Springfield Elbert Dr. J. H. Miller Elberton Emanuel Geo. L. Smith, II Swainsboro Evans Ernest W. Strickland Rt. 2, Claxton

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Fannin Reid Mull Blue Ridge Fayette Grady L. Huddleston Fayetteville Floyd J. Battle Hall Rome Floyd Sidney Lowrey Rome Floyd Robert L. (Bob) Scoggin Rome Forsyth Roy P. Otwell Cumming Franklin Anderson Dilworth Royston Fulton Wilson Brooks Atlanta Fulton M. M. (Muggsy) Smith Atlanta Fulton Ralph McClelland Atlanta Gilmer Ed Goble Rt. 4, Ellijay Glascock W. G. Todd Gibson Glynn William R. Killian Brunswick Glynn Charles L. Gowen Brunswick Gordon Buford A. Ingle Resaca Grady George T. Smith Cairo Greene T. Hamp McGibony Greensboro Gwinnett Earl P. Story Lawrenceville Gwinnett Handsel Morgan Buford Habersham Thomas T. Irvin Rt. 1, Mt. Airy Hall Robert E. Andrews Gainesville Hall W. M. (Bill) Williams Gainesville Hancock Marvin E. Moate Sparta Haralson Harold L. Murphy Buchanan Harris William Burton Steis Hamilton Hart Harry Magoon Hartwell Heard J. Artie Rogers Franklin Henry S. Thomas Ellis McDonough Houston R. Herman Watson Warner Robins Irwin D. D. Hudson Ocilla Jackson Mac Barber Commerce Jasper Roy R. Kelly Monticello Jeff Davis Jimmy Conner Hazlehurst Jefferson J. Roy McCracken Avera Jenkins M. Merrill Johnson Millen Johnson Emory L. Rowland Wrightsville Jones Ulysses S. Lancaster Rt. 1, Gray Lamar J. R. Smith Barnesville Lanier Warren S. Moorman Lakeland Laurens W. Herschel Lovett Dublin Laurens Harry E. Green Montrose

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Lee H. G. Hall Leesburg Liberty Roscoe Denmark Hinesville Lincoln Ben B. Ross Lincolnton Long Byrom M. Fitzgerald Ludowici Lowndes Fred H. Walker Valdosta Lowndes Roger M. Budd Valdosta Lumpkin Henry W. Moore, Jr. Dahlonega Macon J. Lester Souter Montezuma Madison Harold A. Boggs Danielsville Marion E. C. (Hamp) Stevens Buena Vista McDuffie Leonard N. Lokey Thomson McIntosh Daniel H. White Darien Meriwether Render Hill Greenville Meriwether Jimmy D. NeSmith Manchester Miller Buck Tabb Colquitt Mitchell Frank S. Twitty Camilla Mitchell Tom C. Palmer, Jr. Pelham Monroe William Bradford Freeman Forsyth Montgomery Joe C. Underwood Mt. Vernon Morgan Howard H. Tamplin Madison Murray A. F. Terry Chatsworth Muscogee Howell Hollis Columbus Muscogee Mac Pickard Columbus Muscogee Harry Dicus Columbus Newton W. D. Ballard Covington Oconee Hubert H. Wells Watkinsville Oglethorpe George B. Brooks Crawford Paulding George T. Bagby Dallas Peach D. Warner Wells Fort Valley Pickens W. Hays Pickett Jasper Pierce W. H. Bill Kimmons Blackshear Pike Lamar E. Dunn Williamson Polk Elmer John Coalson Rt. 3, Rockmart Polk W. T. (Bill) McCown Cedartown Pulaski R. C. (Bob) Massee Hawkinsville Putnam N. Dudley Horton, Jr. Eatonton Quitman Joe J. Hurst Georgetown Rabun Knox Bynum Clayton Randolph A'Delbert (Dell) Bowen Cuthbert Richmond C. W. Edwards, Sr. Augusta Richmond William M. Fleming, Jr. Augusta

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Richmond J. B. Fuqua Augusta Rockdale James C. Mann Conyers Schley B. E. Pelham Ellaville Screven H. Walstein Parker Rt. 6, Sylvania Seminole J. O. Brackin Iron City Spalding Quimby Melton, Jr. Rt. 3, Griffin Spalding Arthur K. Bolton Rt. B, Griffin Stephens Frank L. Gross Toccoa Stewart Sam S. Singer Lumpkin Sumter Hiram K. Undercofler Americus Sumter Thad M. Jones Plains Talbot H. Chris Callier Talbotton Taliaferro Wales T. Flynt Crawfordville Tattnall Wilton Hill Reidsville Taylor Hugh G. Cheek Butler Telfair Wimbric Walker McRae Terrell Steve M. Cocke Dawson Thomas J. W. (Jim) Bozeman, Jr. Meigs Thomas W. Fred Scott Thomasville Tift Henry Bostick Tifton Tift W. Frank Branch Tifton Toombs R. E. Saffold Vidalia Towns Edward Hedden Hiawassee Treutlen Wyman Fowler Soperton Troup C. O. Lam Hogansville Troup William P. Trotter LaGrange Turner Clyde S. Young Rebecca Twiggs Jerre Chappell Miller, Jr. Jeffersonville Union Robert W. Jones Blairsville Upson Johnnie L. Caldwell Thomaston Upson Talmage B. Echols Thomaston Walker Albert Campbell LaFayette Walker Robert E. Coker LaFayette Walton John Lee Phillips Monroe Ware Ben A. Hodges Waycross Ware Thomas A. Parker Waycross Warren Jack B. Ray Norwood Washington Francis Joiner Tennille Wayne Clarence C. Jones Jesup Webster J. Lucius Black Preston Wheeler Oris Braswell Alamo

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White Tom C. Hood Cleveland Whitfield Virgil T. Smith Rt. 5, Dalton Whitfield Homer E. Winkle Dalton Wilcox James B. Dorsey Abbeville Wilkes Wilbur A. Orr, Jr. Washington Wilkinson Geo. H. Carswell Irwinton Worth David C. Jones Sylvester

For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State or JOE N. BURTON Assistant to Secretary of State