Local and special acts and resolutions of the General Assembly of the state of Georgia 1961 [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: PRESS OF LONGINO PORTER, INC. 19610000 English

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1961 19610000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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PRESS OF LONGINO PORTER, INC. HAPEVILLE, GA.

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Compiler's Note To speed publication, the Acts and Resolutions of the 1961 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 772. The proposed amendments to the Constitution were grouped together beginning at page 595 of Volume One and are followed by a complete index beginning at page 644. 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 772 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 1961 CITY COURT OF BAXLEYSOLICITOR, JURIES. No. 3 (House Bill No. 20). An Act to amend an Act establishing the City Court of Baxley, Appling County, approved December 1, 1897 (Ga. L. 1897, p. 420), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3006), and as further amended by an Act approved February 15, 1960, (Ga. L. 1960, p. 2101), so as to provide for the filling of a vacancy in the office of the solicitor of said City Court of Baxley by appointment of the Governor for the unexpired term; to change the provisions relating to the number of jurors to be used in the trial of cases in said court; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Baxley, Appling County, approved December 1, 1897 (Ga.

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L. 1897, p. 420), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3006), and as further amended by an Act approved February 15, 1960, (Ga. L. 1960, p. 2101), is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. Be it further enacted by the authority aforesaid that there shall be a solicitor of said City Court of Baxley, who shall be elected each four years by the qualified voters of Appling County at the same time as the general election is held in Appling County, Georgia, whose term of office shall be four years beginning with the first day of January immediately following his election. The first of such four year terms shall begin with January 1, 1959, and the person elected therefor shall be elected at the aforesaid election in the year 1958. The salary and fees of said solicitor shall be as follows: He shall be paid an annual salary of eighteen hundred dollars ($1800.00), payable in equal monthly installments, out of the treasury of Appling County which salary shall be full compensation for all services rendered in said City Court of Baxley of every kind whatever, except as hereinafter provided. All vacancies in said office shall be filled by appointment of the Governor, any such appointment to be for the unexpired term. Vacancies in office of solicitor. Section 2. Said Act is further amended by striking section 24 in its entirety and inserting in lieu thereof a new section 24, to read as follows: Section 24. Be it further enacted by the authority aforesaid that all laws with reference to the qualifications, empaneling, challenging and fining jurors, now of force or hereafter to be enacted regulating the same in the Superior Courts, shall apply to and be observed in the City Court of Baxley. In all criminal and civil cases, where a demand for a trial by jury is made, the parties shall be entitled to a panel of eighteen jurors from which to strike. From such panel, in criminal cases, the defendant shall be allowed four strikes and the State shall be allowed two strikes; and in civil cases, the plaintiff

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and defendant shall be allowed three strikes each, as peremptory strikes. In both criminal and civil cases the trial jury shall consist of twelve jurors. Juries. Section 3. 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 (the 1961 session) for the passage of a bill amending the charter of the City Court of Baxley, said proposed amendment to provide for: The number, qualifications, empaneling, challenging and compensation of jurors serving in said court and to regulate the service of said jurors and the empaneling of same for the trial of cases in said court; the duties, salary and compensation of the solicitor of said court and for the filling of a vacancy in said office; the trial and appellate procedure in and concerning said court, and to clarify and ratify practice and procedure in said court, and for other purposes. This 13th day of December, 1960. /s/ W. C. Parker, Representative, Appling County, Georgia Georgia, Appling County. In person before the undersigned officer duly authorized by law to administer oaths appeared Albert S. Jenkins, who, after first being duly sworn, deposes and says that he is the owner and publisher of The Baxley News-Banner, the official organ of Appling County, Georgia, and being the newspaper in which the Sheriff's advertisements in and for said county are published, and affiant further states that the above and attached notice of intention to apply for passage of a local bill

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was published in The Baxley News-Banner in the issues of December 15, December 22, and December 29, 1960. /s/ Albert S. Jenkins Sworn to and subscribed before me this 4th day of January, 1961. /s/ Mrs. M. B. Milikin, Notary Public, Appling Co. Ga. My Commission Expires Oct. 29, 1963. (Seal). 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 (1961 session) for the passage of a bill amending the charter of the City Court of Baxley, said proposed amendment to provide for: The number, qualifications, empaneling, challenging and compensation of jurors serving in said court and to regulate the service of said jurors and the empaneling of same for the trial of cases in said court; the duties, salary, and compensation of the solicitor of said court and for the filling of a vacancy in said office; the trial and appellate procedure in and concerning said court, and to clarify and ratify practice and procedure in said court, and for other purposes. This 13th day of December, 1960. /s/ W. C. Parker, Representative, Appling County, Georgia Approved January 23, 1961.

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HENRY COUNTYOFFICERS' SALARY ACT AMENDED. No. 4 (House Bill No. 14). An Act to amend an Act entitled An Act to change the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Henry County, from the fee system to the salary system; to provide for the appointment, selection and employment of deputies and other employees; to make provisions regulating the carrying out of said changes; to provide the disposition of fees and costs; to provide for referendum; to provide an effective date; to repeal conflicting laws; and for other purposes; to provide that the Sheriff, the Clerk of the Superior Court and the Ordinary of Henry County shall receive all fees, costs, percentages, forfeitures, penalties, allowances and other perquisites which accrued and were owing before January 1, 1961; to provide for the time of accounting by said officers to the County Treasurer; to provide for the furnishing of transportation for the Sheriff of Henry County; to fix the compensation of the Ordinary of Henry County for performance of his duties in trying and disposing of traffic cases; to fix the salary of the Tax Commissioner of Henry County; to provide for the employment of deputies or assistants by the Tax Commissioner of Henry County; to provide for the employment of clerical assistants by the Board of Commissioners of Roads and Revenues of Henry County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 1 of the act approved March 25, 1958, (Ga. L. 1958, p. 3127 et seq.) entitled An Act to change the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Henry County, from the fee system to the salary system; to provide for the appointment, selection and employment of deputies and other employees; to make provisions regulating the carrying out of said changes; to provide the disposition

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of fees and costs; to provide for referendum; to provide an effective date; to repeal conflicting laws; and for other purposes; be amended by striking said section in its entirety and by inserting in lieu thereof the following: Section 1. The compensation of the Sheriff, the Clerk of the Superior Court, and the Ordinary of Henry County, which is now based on a fee system, is hereby abolished, and the officials herein named shall hereafter be paid salaries as herein provided. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected as compensation for service by any official named herein, shall be received and diligently collected by all of said officials for the sole use of Henry County, and shall be held as public moneys belonging to Henry County and accounted for and paid over to the County Treasurer on the fifth day of each month (or on the sixth day of the month, if the fifth day falls on Sunday), at which time a detailed itemized statement shall be made by the officer under oath showing such collections and the sources from which collected, and the County Treasurer of Henry County shall keep a separate account showing such collections and the sources from which they are paid. However, all such fees, costs, percentages, forfeitures, penalties, allowances, or other perquisites accrued, due or owing before January 1, 1961, may be collected by said officers and need not be accounted for or paid over to the County Treasurer. Officers placed on salaries. Section 2. Section 2 of said Act approved March 25, 1958, (Ga. L. 1958, p. 3127 et seq.) is hereby amended by adding at the end thereof the following: The Board of Commissioners of Roads and Revenues of Henry County shall furnish to the Sheriff of Henry County a suitable vehicle, and pay the expenses of operation of same, for the use of said Sheriff in the performance of his official duties. Sheriff's automobile. Section 3. Section 4 of said Act approved March 25,

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1958, (Ga. L. 1958, p. 3127 et seq.) is amended by adding and inserting at the end of said section the following: The Ordinary of Henry County shall also be paid the sum of $1200.00 per year, to be paid monthly out of County funds, as compensation for the performance of his duties in trying and disposing of cases of traffic violations under the Act approved February 16, 1938, (Ga. L. 1937-1938, p. 558 et seq.) and amendatory Acts. Ordinary. Section 4. Be it further enacted that the Act of the General Assembly creating the office of Tax Commissioner for Henry County approved August 18, 1925, (Ga. L. 1925, p. 660 et seq.) and all Acts amendatory thereof be and the same are hereby amended by adding thereto the following: From and after January 1, 1961, the Henry 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 taxes a salary of $5,100.00 per annum, payable monthly from county funds; provided, however, that said Tax Commissioner shall also be entitled to commissions allowed by the State for the collection of State, professional, or special taxes, and shall also be entitled to such compensation or commissions as may be allowed him under the provisions of the Act approved February 21, 1951, (Ga. L. 1951, p. 815 et seq.) and Acts amendatory thereof, or under any other law of general application in this State. Tax Commissioner. Section 5. Be it further enacted that the Tax Commissioner of Henry County is hereby authorized to employ such clerks or assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such clerks or assistants and the salaries thereof shall be subject to the final approval of the Board of Commissioners of Roads and Revenues of Henry County. Same. Section 6. Be it further enacted that the Board of Commissioners of Roads and Revenues of Henry County

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is hereby authorized to employ such clerks, assistants, or assistant clerks as said board of commissioners shall deem necessary, and to prescribe their duties and fix their salaries. Board of commissioners, clerical help. Section 7. This Act shall be effective as of January 1, 1961, and all Acts of any of the officers named herein done in conformity with the provisions hereof on or after said date are ratified and confirmed, and any obligations incurred on behalf of Henry County in the performance of such Acts shall be paid from county funds. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of Georgia a Bill to fix the salary of the Tax Commissioner of Henry County, to fix the compensation of the Ordinary of Henry County for performance of his duties in trying and disposing of traffic cases, to provide that the Board of Commissioners of Roads and Revenues of Henry County may employ clerical assistance, to provide for the furnishing of transportation to the Sheriff of Henry County, to provide that the officers of said county will be paid salaries beginning January 1, 1961, shall be entitled to fees or other remuneration accuring before that date, and to provide a date for the monthly accounting by said officers to County Treasurer. This 12th day of December, 1960. /s/ Edward E. McGarity, Representative-Elect, Henry County, Georgia Georgia, Henry County. Personally appeared before the undersigned authority Edward E. McGarity, who, being sworn, on oath says that he is representative from Henry County, and that

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the above and foregoing is a copy of notice of intention to introduce local legislation and that said notice was published in The Weekly-Advertiser, which is the official organ of said County on the following dates: December 15, December 22, and December 29, 1960. /s/ Edward E. McGarity Sworn to and subscribed before me this 9th day of January, 1961. /s/ Harold G. Clarke (Seal). Approved January 27, 1960. BUTTS COUNTYAUDITS OF COUNTY BOOKS, ETC. No. 5 (House Bill No. 76). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia; to provide for the election of members of the same and their qualifications; to define their powers and duties; to repeal conflicting laws; and for other purposes., approved February 24, 1941 (Ga. L. 1941, p. 793), as amended by an Act approved February 22, 1943 (Ga. L. 1943, p. 841), an Act approved February 1, 1946 (Ga. L. 1946, p. 239), and an Act approved February 4, 1949 (Ga. L. 1949, p. 191), so as to require, authorize and direct the Board of Commissioners of Roads and Revenues for Butts County, Georgia to have all of the books, files and records of the various county officers of the county audited by some certified public accountant licensed in the State of Georgia at least once every six months; to provide for the costs and expenses of such audits; to provide the procedure connected therewith; 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 entitled An Act to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia; to provide for the election of members of the same and their qualifications; to define their powers and duties; to repeal conflicting laws; and for other purposes., approved February 24, 1941 (Ga. L. 1941, p. 793), as amended by an Act approved February 22, 1943 (Ga. L. 1943, p. 841), an Act approved February 1, 1946 (Ga. L. 1946, p. 239), and an Act approved February 4, 1949 (Ga. L. 1949, p. 191), is hereby amended by striking section 12 of said Act in its entirety and inserting in lieu thereof the following: Section 12. The Board of Commissioners of Roads and Revenues for Butts County, Georgia is required, authorized and directed to have all of the books, files and records of the various county officers of the county audited by some certified public accountant licensed to do business in the State of Georgia at least once every six months, and said audit shall be made available to any and all grand juries following the completion of the same. A copy of said audit shall be kept at some location within the county and shall be available for inspection by any voter or elector of Butts County or any public official of Butts County and to such other persons having the approval of the Board of Commissioners of Roads and Revenues for Butts County to inspect such audit. Should the Board of Commissioners fail or refuse to have such an audit or audits made, then the Judge of the Superior Court of said county, or the grand jury, may order the same to be done. The costs and expenses of all such audits shall be paid out of the general funds of the county upon bills therefore being approved by the Board of Commissioners, or by the Judge of the Superior Court, or by the grand jury directing the same to be made. In the event the audit is made by order of the Judge of the Superior Court or the grand jury, a copy of such audit shall be deposited with the Clerk of the Superior Court of Butts County and shall be available for inspection by any voter or elector of Butts

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County, or any public official of Butts County and such other persons having the approval of the Judge of the Superior Court of Butts County, the grand jury, or the Clerk of the Superior Court of Butts County. Audits of county books. 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 1961 regular session of the General Assembly of Georgia, a bill to amend An Act to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia; to provide for the election of members for the same and their qualifications; to define their powers and duties; to repeal conflicting laws; and for other purposes, (Ga. L. 1941, p. 793), as amended, so as to provide that the Board of Commissioners of Roads and Revenues of Butts County, Georgia are authorized and directed to have all books, files and records of the various county officers audited by some certified public accountant licensed by the State of Georgia at least once in every six months; to provide that the Board of Commissioners of Roads and Revenues shall be authorized, if necessary, to hire a permanent county auditor; to repeal conflicting laws and for other purposes. This 27 day of December, 1960. /s/ Bailey Woodward, Representative-elect, Butts County, Georgia S. L. Gray, Chairman B. Hayward Hodges D. W. Bailey Commissioners-elect, Butts County, Georgia 12/29/3tc Georgia, Fulton County. Personally appeared before me, the undersigned authority,

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duly authorized to administer oaths, Honorable Bailey Woodward, who, on oath, deposes and says that he is representative from Butts County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress Argus, which is the official organ of said county, on the following dates: Dec. 29, 1960, Jan. 5 and Jan. 12, 1961. /s/ Bailey Woodward, Representative, Butts County. Sworn to and subscribed before me this 13th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1961. (Seal). Approved January 27, 1961. BUTTS COUNTYTAX COLLECTOR PLACED ON SALARY. No. 6 (House Bill No. 78). An Act to change the compensation of the Tax Collector of Butts County, Georgia from the fee system to a system whereby such tax collector shall be entitled to certain commissions and a salary provided such commissions do not exceed a specific amount; to provide for the payment of such compensation; 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 clerical help; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Tax Collector of Butts County shall,

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in addition to any compensation derived through commissions for the issuance of motor vehicle license plate, as provided by section 3, as amended, by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, and compensation derived from commissions upon the collection of certain taxes as provided by section 3, as amended, of an Act approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, receive a salary in a sum which, when added to the above commissions, shall equal a total compensation of $5,000 per annum. Until such time as the final figures determining the commission realized by the tax commissioner for issuing motor vehicle license plates and the collection of taxes as provided in this section, for the fiscal year the tax collector may draw upon the funds of Butts County, a monthly sum, not to exceed $300. Provided further, that in the event monthly withdrawals of the tax collector, when added to the amounts realized through commissions referred to herein reaches the sum of $5,000 for any year, the tax collector shall not be entitled to any further compensation. In the event said monthly withdrawals of the tax collector, when added to the amount realized through commissions referred to herein, exceeds the sum of $5,000 for any year then the tax collector shall pay back to the county fiscal authority such excess. Likewise, if the commissions above added to the monthly withdrawals of the tax collector do not amount to $5,000 for the year, the tax collector shall receive such deficit out of the funds of Butts County. Such compensation shall be in lieu of all fees, costs, percentages, forfeitures, penalties, allowances, and all other emoluments and perquisites of whatever kind heretofore received by the Tax Collector of Butts County, Georgia. Salary. Section 2. All fees, costs, percentages, forfeitures, penalties, allowances and all other emoluments and perquisites which are now or which may hereafter be allowed by law to accrue to such officer shall be received and collected by said tax collector for the sole use of Butts County, and shall be held and accounted for as public monies belonging to said county. On or before the tenth day of each month beginning February 10,

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1961, the tax collector 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 for Butts County together with full payment of the amount shown thereon; the other copy shall be retained on file as part of the records of the said tax collector. Said tax collector shall be diligent in the collection of such fees, costs, percentages, forfeitures, penalties, allowances and all other emoluments and perquisites, and in making the monthly accounting provided for herein. The Board of Commissioners of Roads and Revenues for Butts County, Georgia are hereby authorized and directed to withhold any payment of any withdrawals provided for herein while said tax collector is delinquent in the making of any monthly accounting herein provided for in this Act. Fees. Section 3. The procedure now in force as to collection and distribution of fees, costs, percentages, forfeitures, penalties, allowances and all other emoluments and perquisities shall remain in force, but as herein provided all such sums to which the tax collector would, but for this Act, be entitled to, shall be collected for the use of the county and Butts County shall be subrogated to the rights and claims of such tax collector in and to the same. Section 4. The Commissioners of Roads and Revenues for Butts County, Georgia shall provide necessary books, records, stationery, postage and other office supplies for the tax collector of Butts County to be paid out of the general funds of said county. The tax collector shall be permitted to hire clerical help to assist in performing the duties of said office, said help is to be paid in such installments as may be determined by the tax collector but the amount of clerical hire shall not exceed the sum of $600 annually. The compensation provided for in this section shall be paid out of the funds of Butts County. Supplies, clerical help. Section 5. This Act shall become effective on the first

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of the month following its approval by the Governor or its otherwise becoming law. 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 1961 regular session of the General Assembly of Georgia, a bill to place the Tax Collector of Butts County on a salary in lieu of the fee system; to provide and define the procedure connected therewith; to repeal conflicting laws, and for other p[UNK]urposes. This 27 day of December, 1960. /s/ Bailey Woodward, Representative-elect, Butts County, Georgia S. L. Gray, Chairman B. Hayward Hodges D. W. Bailey Commissioners-elect, Butts County, Georgia 12/29/3tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Bailey Woodward, who, on oath, deposes and says that he is representative from Butts County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress Argus, which is the official organ of said County, on the following dates: Dec. 29, 1960, Jan. 5 and Jan. 12, 1961. /s/ Bailey Woodward, Representative, Butts County.

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Sworn to and subscribed before me this 13th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved Jan. 27, 1961. BUTTS COUNTYORDINARY PLACED ON SALARY. No. 7 (House Bill No. 77). An Act to change the compensation of the Ordinary of Butts County, Georgia from the fee system to the salary system; to provide the salary of such officers; 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 employment of certain personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the Ordinary of Butts County, Georgia 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. Placed on salary. Section 2. The salary of said Ordinary shall be $5,000 per year, payable in equal monthly installments at the end of each calendar month by the Board of Commissioners of Roads and Revenues for Butts County, Georgia from the funds of Butts County. Salary. Section 3. All fees, costs, percentages, forfeitures, penalties, allowances, commissions, fines, funds, and all

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other emoluments and perquisites of whatever kind which are now or which may hereafter be allowed by law to be collected by such officer shall be received and collected by such officer for the sole use of Butts County, and shall be held and accounted for as public monies belonging to said county. On or before the tenth day of each month, 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 Board of Commissioners of Roads and Revenues for Butts County, Georgia 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, commissions, fines, funds and all other emoluments or perquisites and in making the monthly accounting therein provided for. The Board of Commissioners of Roads and Revenues for Butts County, Georgia are hereby empowered and directed and authorized to withhold the compensation provided for herein while said Ordinary is delinquent in the making of any monthly accounting as provided for in this Act. Fees. Section 4. The procedure now in force as to collection and distribution of fees, costs, percentages, forfeitures, penalties, allowances, commissions, fines, funds and all other emoluments or perquisites 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 Butts County shall be subrogated to the rights, titles, interest, and claims of such Ordinary in and to the same. Section 5. The Commissioner of Roads and Revenues

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shall provide necessary books, records, stationery, postage, and other office supplies and equipment for the Ordinary of Butts County and the costs of the same shall be paid out of county funds upon approval of the Board of Commissioners of Roads and Revenues for Butts County, Georgia. Supplies. Section 6. The Ordinary of Butts County may employ personnel to assist in the performance of the duties of the Ordinary and the Court of Ordinary but in no event shall the compensation for such personnel exceed $600 per annum. The Ordinary may classify such personnel as a deputy or deputies, a clerk or clerks, or such other designation as such Ordinary may determine but such personnel shall not be entitled to any additional compensation because of such designation. The compensation provided for in this section shall be paid out of the funds of Butts County and shall be paid in such installments as the Ordinary may determine upon approval of the Board of Commissioners of Roads and Revenues for Butts County, Georgia. Clerical help. Section 7. This Act shall become effective on the first of the month following its approval by the governor or its otherwise becoming law. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 regular session of the General Assembly of Georgia, a bill to place the Ordinary of Butts County on a salary in lieu of the fee system; to provide and define the procedure connected therewith; to repeal conflicting laws; and for other purposes.

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This 27 day of December, 1960. /s/ Bailey Woodward, Representative-elect, Butts County, Georgia S. L. Gray, Chairman B. Hayward Hodges D. W. Bailey Commissioners-elect, Butts County, Georgia 12/29/3tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Bailey Woodward, who, on oath, deposes and says that he is representative from Butts County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress Argus, which is the official organ of said county, on the following dates: Dec. 27, 1960, Jan. 5 and Jan. 12, 1961. /s/ Doyle Jones, Jr., Editor-Publisher. Bailey Woodward, Representative, Butts County. Sworn to and subscribed before me this 12th day of January, 1961. /s/ Mrs. Doyle Jones, Jr., Notary Public. (Seal). Approved January 27, 1961.

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BUTTS COUNTYSHERIFF PLACED ON SALARY. No. 8 (House Bill No. 79). An Act to change the compensation of the Sheriff of Butts County, Georgia from the fee system to the salary system; to provide for a deputy; to provide for the compensation for such officers; to provide the time and method of payment of such compensation and the funds from which such compensation is payable; to provide that all costs or other emoluments and perquisites to each of said officer or officers except said salaries, shall be and become the property of Butts County; to provide that said county shall be subrogated to all rights, claims and liens of said officers therefore; to provide that said officers shall undertake to collect said fees, costs, emoluments and perquisites and shall receive and hold the same in trust for said county, and shall pay the same to the county periodically; to provide for such officers furnishing periodic statements; to provide for the payment of certain operating expenses from county funds; to provide for the furnishing of a vehicle and certain supplies and the payment of the same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present method of compensation for the Sheriff of Butts County, Georgia is hereby changed from the fee system to the salary system and the Sheriff of Butts County shall hereafter be paid on a salary basis. The Sheriff shall be compensated in the amount of $6,000 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Butts County. Such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed the Sheriff of Butts County after the effective date of this Act and said salary shall also include all

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fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments or perquisites of whatever kind which shall be allowed said sheriff in his official capacity or as an official or agent for any court, department or official of Butts County or for any department or official of the State of Georgia. Salary. Section 2. The sheriff shall diligently and faithfully undertake to collect all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, taxes, monies or all other emoluments and perquisites accruing to his office in his official capacity as sheriff and as an official or agent for any court, department or official of Butts County or for any department or official of the State of Georgia and shall receive and hold the same in trust for said county as public monies and county funds. On or before the tenth day of each month the sheriff shall prepare in duplicate a detailed, itemized statement showing the amounts, dates and sources of funds collected by him during the previous calendar month. One copy of this statement shall be furnished to the Board of Commissioners of Roads and Revenues for Butts County, Georgia together with the full payment of the amounts shown thereon; the other copy shall be retained on file as part of the records of said sheriff. Said sheriff shall be diligent in making the monthly accounting herein provided for. The Board of Commissioners of Roads and Revenues for Butts County, Georgia are hereby empowered and directed and authorized to withhold the compensation provided for herein while said sheriff is delinquent in the making of any monthly accounting as provided for in this Act. Fees. Section 3. The procedure now in force as to collection and distribution of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, taxes, monies or all other emoluments and perquisites shall remain in force, but as herein provided all such sums to which the sheriff would, but for this Act, be entitled to, shall be collected for the use of the county, and

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Butts County shall be subrogated to the rights and claims of such sheriff in and to the same. Section 4. The sheriff is hereby authorized to appoint one deputy sheriff to assist him in the performance of his duties, and the compensation of said deputy shall be fixed in an amount not to exceed $375.00 per month by the Board of Commissioners of Roads and Revenues for Butts County, Georgia and shall be payable monthly from the funds of Butts County. Deputy sheriff. Section 5. The governing authority of Butts County is further authorized to purchase an automobile equipped with the necessary communication devices and other special equipment commonly used on or in automobiles which are used by law enforcement officers, said automobile to be used by the sheriff and his deputy, if one shall be appointed. Said automobile shall only be used by the sheriff and the deputy sheriff when attending to their official duties and the governing authority of Butts County shall be authorized to promulgate such rules and regulations as they may deem necessary governing the use of said automobile. Automobile. Section 6. The Board of Commissioners of Roads and Revenues for Butts County, Georgia shall provide necessary books, records, stationery, postage and other office supplies and equipment for the Sheriff of Butts County, Georgia and said Board of Commissioners shall also provide for the costs of all repairs, tires, gasoline, oil, grease, antifreeze and other maintenance and supplies necessary for the operation of the automobile authorized to be purchased by section 4 of this Act and the costs of the same shall be paid out of county funds upon approval of the Board of Commissioners of Roads and Revenues for Butts County, Georgia. Supplies, etc. Section 7. This Act shall become effective on the first of the month following its approval by the governor or its otherwise becoming law. Effective date.

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Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 regular session of General Assembly of Georgia, a bill to place the Sheriff of Butts County on a salary in lieu of the fee system; to provide compensation for a deputy sheriff; to provide for the cost of feeding prisoners; to provide and define the procedure connected therewith, to repeal conflicting laws; and for other purposes. This 27 day of December, 1960. /s/ Bailey Woodward, Representative-elect, Butts County, Georgia S. L. Gray, Chairman B. Hayward Hodges D. W. Bailey Commissioners-elect, Butts County, Georgia 12/29/3tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Bailey Woodward, who, on oath, deposes and says that he is representative from Butts County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress Argus, which is the official organ of said county, on the following dates: Dec. 29, 1960, Jan. 5, 1961 and Jan. 12, 1961. /s/ Bailey Woodward, Representative, Butts County

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Sworn to and subscribed before me this 13th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved Jan. 27, 1961. COWETA COUNTYCOMPENSATION OF ORDINARY. No. 9 (House Bill No. 100). An Act to amend an Act which changed the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960, p. 3028), so as to change the compensation of the ordinary of said county; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which changed the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960, p. 3028), is hereby amended by striking from section 3 of said Act the figure $6,500.00 wherever they appear and substituting in lieu thereof the figures $7,800.00, so that when amended section 3 shall read as follows: Section 3. The ordinary of Coweta County shall be compensated in the sum of $7,800.00 per annum, payable in equal monthly installments from the funds of Coweta County. The ordinary shall hire such clerical help and deputies as shall be necessary to efficiently perform the duties of his office and set the compensation therefor which shall be paid from the funds of Coweta County;

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provided that said county shall not be liable for a sum in excess of $3,000.00 per annum for such clerical help. Coweta County shall furnish all necessary office supplies and equipment essential to the operation of the office of ordinary. 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 1961 session of the General Assembly of Georgia a Bill to change the compensation of the Ordinary of Coweta County, and for other purposes. /s/ Henry N. Payton, George W. Potts, Representatives, Coweta County No. 203-12-29/1-12c 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: December 29, 1960 and January 5 and 12, 1961. /s/ Henry N. Payton, Representative, Coweta County Sworn to and subscribed before me this 16th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved January 27, 1961.

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ACT PROVIDING PENSION SYSTEMS FOR EMPLOYEES OF CITIES HAVING POPULATION OF 150,000 OR MORE PERSONS AMENDED. No. 11 (House Bill No. 11). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.), providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or subsequent census, shall furnish pensions to officers and employees of such cities, and for other purposes, as amended, be further amended so as to provide that the compulsory retirement provisions of said Act shall not apply to the position of assistant city attorney; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act described in the caption hereof, as amended, be further amended, as follows: Section 1. The compulsory retirement provisions of this Act shall not apply to the position of assistant city attorney. This provision shall be retroactive to December 31, 1960. Compulsory retirement. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 30, 1961. CITY OF SAVANNAHCORPORATE LIMITS, 1960 ACT REPEALED. No. 12 (House Bill No. 17). 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, by

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repealing that certain Act of the General Assembly extending the corporate limits of the City of Savannah, approved February 18, 1960 and incorporated in the Acts of the General Assembly of the State of Georgia, 1960 Session; Georgia Laws, pages 2213-2220, both inclusive, limiting the police jurisdiction of the City of Savannah, providing for refund of city business or occupation taxes collected for the year 1961, repealing all laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That certain Act of the General Assembly of the State of Georgia, approved February 18, 1960, extending the corporated limits of the City of Savannah and incorporated in the Acts of the General Assembly, Georgia Laws, 1960 on pages 2213-2220, both inclusive, be and the same is hereby repealed. 1960 Act repealed. Section 2. Be it further enacted that it is the intention of this Act to delete from the corporate limits of the City of Savannah, all of the annexed territories and areas described in the Act set forth in the foregoing section. It being the intention, that upon the approval of this Act, the corporate limits of the City of Savannah shall be and remain the same as they were prior to the adoption of the Act of 1960, described in the caption and in the first section of this Act. Intent. Section 3. Be it further enacted that if any person, firm or corporation shall pay to the Mayor and Aldermen, of the City of Savannah, a license or occupational tax to do business within the areas deleted from the city limits by this Act, the Mayor and Aldermen shall upon the approval of this Act, refund to such persons, firms or corporations, the pro-rata portion of such license fee or occupational tax for the remainder of the year 1961, beginning with the date of the approval of this Act. Any tax payer, paying taxes on real or personal property in the areas hereby deleted from the corporate limits, shall

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also be refunded a pro-rata amount for the remainder of the year beginning with the date of approval of this Act. Refund of taxes. Section 4. Be it further enacted that the police jurisdiction of the Mayor and Aldermen of the City of Savannah exercised by its police department, shall not extend beyond the corporate limits of the City of Savannah, as they exist from and after the approval of this Act. Police jurisdiction. Section 5. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act, be and the same is hereby repealed. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Betty Thompson, 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, that the following Notice of Intention to Apply for Passage of Local Bill. December 22, 1960 Georgia, Chatham County To Whom it May Concern: This is to notify the general public in the City of Savannah, that it is intended that a Bill will be introduced and offered for passage at the next session of the General Assembly of the State of Georgia, which convenes on the 9th day of January, 1961, to be entitled, An Act to amend the Charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereto, Incorporating the Mayor and Aldermen of the City

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of Savannah, relative to and supplementary thereof; affecting the corporate limits of the City of Savannah, by repealing that certain Act of the General Assembly of the State of Georgia extending the Corporate limits of the City of Savannah, approved February 18, 1960, and incorporated in the Acts of the General Assembly, Georgia Laws, 1960 session, pages 2213 through 2220, both inclusive; and for other purposes. /s/ Arthur J. Funk, Representative-Elect, Chatham County, Georgia Dec. 22, 29, 1960; Jan. 5, 1961 has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 22, 29, January 5th. /s/ Betty J. Thompson Sworn to and subscribed before me this 5th day of January, 1961. /s/ Robbie Joe Miller, Notary Public, Chatham County, Ga. My Commission Expires Mar. 24, 1964. (Seal). Approved January 27, 1961. JUDGES OF CITY COURTS IN COUNTIES OF NOT LESS THAN 6,200 AND NOT MORE THAN 6,220 PERSONS. No. 16 (House Bill No. 179). An Act to provide that in all counties having a population of not less than 6,200 and not more than 6,220, according to the United State Census of 1960 or any future United State Census, having a city court, the

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ordinary shall be eligible to be appointed to fill a vacancy in the office of judge of said court until a successor is elected at a general election and qualified; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties having a population of not less than 6,200 and not more than 6,220, according to the United States Census of 1960 or any future United States Census, having a city court, the ordinary shall be eligible to be appointed to fill a vacancy in the office of said court until a successor is elected at a general election and qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 1, 1961. CRIMINAL COURT OF FULTON COUNTYASSISTANT SOLICITORS-GENERAL. No. 19 (House Bill No. 161). An Act to amend an Act entitled An Act to establish the Criminal Court of Atlanta, approved September 6, 1891, as amended by an Act approved February 23, 1935, and as further amended by an Act approved March 28, 1935, and as further amended by an Act approved February 7, 1950, also as amended by an Act approved January 27, 1951, also as amended by an Act approved February 1, 1951; also the Acts approved February 26, 1957, also as particularly amended by an Act approved February 15, 1960 (Ga. L. 1960, p. 2088), and other amendatory Acts thereof, so as to increase the number of assistant solicitors-general in the Criminal Court of Fulton County from three to four, to repeal conflicting laws and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. 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 September 6, 1891, entitled An Act to establish the Criminal Court of Atlanta, as amended by an Act approved February 23, 1935, and as further amended by an Act approved March 28, 1935, and as further amended by an Act approved February 7, 1950, and as amended by an Act approved January 27, 1951, and as amended by an Act approved February 1, 1951, also the Acts approved February 26, 1957, also as particularly amended by the Act approved February 15, 1960 (Ga. L. 1960, p. 2088), and other amendatory Acts thereof, is further amended by striking from line 1 of section 2 of the Act approved February 15, 1960 (Ga. L. 1960, p. 2088) the word and figure three (3) and substituting in lieu thereof the word and figure four (4) so that said section of said Act when amended shall read as follows: Section 2: There shall be four (4) assistant solicitors-general of the Criminal Court of Fulton County in addition to the first assistant solicitor-general who shall be appointed by the solicitor general of said court and shall serve at his pleasure. Each of said assistant solicitors-general shall receive an annual salary of not less than $8,000.00 and not more than $10,000.00 as fixed by the solicitor-general of said court, which salary shall be payable in equal monthly payments out of the treasury of Fulton County. Assistant solicitors-general. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared that all of the requirements of law relating to notice of intention

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to apply for the passage of local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came 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 in said paper on the 19 and 26 days of December, 1960, and on the 2nd day of January, 1961, as provided by law. /s/ Bessie K. Crowell Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1961 General Assembly, which convenes on Monday, January 9, 1961, for the passage of the local legislation to amend the act entitled: An Act to establish the Criminal Court of Atlanta and in pursuance thereof to amend an Act establishing the City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes (Ga. L. 1890-91, Vol. 2, p. 935) and the several Acts amendatory thereof. This legislation may contain any matter germane to said Act as amended. J. Ralph McClelland, Jr. Representative, Fulton County. Dec. 19 26 Jan 2 tfn. Subscribed and sworn to before me this 6th day of January, 1961. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Approved February 2, 1961.

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TOOMBS COUNTYBOARD OF COMMISSIONERS. No. 20 (House Bill No. 42). An Act to amend an Act approved February 13, 1959 (Ga. L. 1959, p. 2010), relating to the creation of a five-man board of commissioners of roads and revenues for Toombs County, so as to provide that each commissioner shall be elected by the voters in his commissioner district only; to provide for staggered terms for said commissioners; to provide for a change in the amount of bond that each member of the board, with the exception of the chairman, shall be required to give; to provide for a change in the yearly compensation for the chairman of the board and each of the other members of the board; to provide that no person shall be employed in any capacity by the county who is related to any member of the board within the third degree either by blood or marriage; to provide that no new equipment in the amount of $500.00 or more shall be purchased by the board for the county except upon competitive sealed bid; to provide for a change in the amount of bond that the clerk of the board shall be required to give; to provide that the yearly audit statement made by the State for the office of Tax Collector and Superintendent of Schools of Toombs County be incorporated into the annual report made by the certified public accountant of all the books and accounts of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved February 13, 1959 (Ga. L. 1959, p. 2010), relating to the creation of a five-man board of commissioners of roads and revenues for Toombs County, is hereby amended by striking from section 2 of said Act the third sentence of the last paragraph of said section which reads as follows: All members, however, shall be voted upon by the voters of the entire county and substituting in lieu thereof a new sentence which reads as follows: Each commissioner shall be voted upon

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by the voters in his commissioner district only, so that said section 2, when so amended, shall read as follows: 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 shall consist of militia districts No. 43 (Cedar Crossing) and No. 1823 (Center). 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. Each commissioner shall be voted upon by the voters in his commissioner district only. 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 2. Said Act is further amended by striking from said Act section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. At the regular time for electing county officers in the year 1964, there shall be elected a member of the board from commissioner district No. 1 and commissioner district No. 4 who shall take office January 1, 1965, for a term of two years and until their successors are elected and qualified. At the general election in 1966, there shall be elected a member of the board from commissioner district No. 1 and commissioner district No. 4 who shall take office January 1, 1967, for a term of four years and until their successors are elected and qualified. Thereafter, an election shall be held each four years

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with a purpose of electing successors to the commissioners from commissioner district No. 1 and commissioner district No. 4. At the regular time for electing county officers in the year 1964, there shall be elected a member of the board from commissioner district No. 2, commissioner district No. 3, and commissioner district No. 5, who shall take office January 1, 1965, for a term of four years and until their successors are elected and qualified. Thereafter, an election shall be held each four years with a purpose of electing successors to the commissioners from commissioner district No. 2, commissioner district No. 3, and commissioner district No. 5. Same, terms, elections. Section 3. Said Act is further amended by striking from said Act section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. Before entering upon the discharge of their duties, each member of the board except the chairman 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 $5,000.00 payable to the Ordinary of said County and his successor in office. The chairman of the board, before entering upon the discharge of his duties, 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 bonds shall be conditioned for the faithful discharge by the chairman and the members of their duties in the carrying out of the conditions thereof, which bonds may be sued upon in the name of the Ordinary, either on his own motion or by the direction of the grand 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. Same, bonds. Section 4. Said Act is further amended by striking

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from section 7 of said Act the figures $600.00 and $300.00 and substituting in lieu thereof the figures `$1,800.00 and $900.00 respectively, so that said section, when so amended, shall read as follows: 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 $1,800.00 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 $900.00 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. Same, compensation. Section 5. Said Act is further amended by adding at the end of section 15 of said Act a sentence which shall read as follows: It shall also be unlawful for the board to contract for hire for the office of clerk of the board, or for any other type of employment in any capacity by the board, with any person who is related to any member of the board within the third degree, either by blood or marriage, so that said section 15, when so amended, shall read as follows: 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

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a bid which is the lowest bid therefor. Posting of a notice on the bulletin 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 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 through, 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. It shall also be unlawful for the board to contract for hire for the office of clerk of the board, or for any other type of employment in any capacity by the board, with any person who is related to any member of the board within the third degree, either by blood or marriage. County employees, contracts. Section 6. Said Act is further amended by striking section 16 from said Act in its entirety and substituting in lieu thereof a new section 16 to read as follows: Section 16. No new equipment in the amount of $500.00 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 new equipment desired to be purchased and any such new equipment 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 7. Said Act is further amended by striking

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from section 18 of said Act the figure $25,000.00 and substituting in lieu thereof the figure $10,000.00, so that said section 18, when so amended, shall read as follows: 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 keep 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 $10,000.00 subject to the same 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. Bond of clerk. Section 8. Said Act is further amended by striking from section 19 of said Act the words tax collector, tax commissioner, and superintendent of schools, and by adding to said section 19 the following sentence: The yearly audit statements made by the State of Georgia for the office of Tax Collector and Superintendent of Schools of Toombs County shall be incorporated into the annual report to the judge of the superior court of Toombs County made by the certified public accountant of all the books and accounts of said county, so that said section 19, when so amended, shall read as follows: 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, treasurer or depository, sheriff, 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

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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; 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. The yearly audit statements made by the State of Georgia for the office of Tax Collector and Superintendent of Schools of Toombs County shall be incorporated into the annual report to the judge of the superior court of Toombs County made by the certified public accountant of all the books and accounts of said county. Annual audits. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to amend the Act creating a five-man Board of Commissioners of Roads and Revenues for Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), so as to provide for the election of commissioners by districts; to change compensation; to change the provisions relative to bids; to change the provisions relative to bonds; to provide for staggered terms; and for other purposes. This 20 day of December, 1960. /s/ Ross P. Bowen, Representative, Toombs County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ross P. Bowen, who, on oath, deposes and says that he is representative from Toombs County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress, which is the official organ of said County, on the following dates: December 22, 1960, December 29, 1960, and January 5, 1961. /s/ Ross P. Bowen, Representative, Toombs County. Sworn to and subscribed before me this 12 day of January, 1961. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved February 2, 1961.

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CITY OF LAGRANGECORPORATE LIMITS. No. 21 (House Bill No. 107). An Act to amend an Act creating a new charter for the City of LaGrange, approved December 16, 1901 (Ga. L. 1901, p. 477), as amended, particularly by an Act approved February 16, 1943 (Ga. L. 1943, p. 1423), an Act approved January 31, 1950 (Ga. L. 1950, p. 2024), and an Act approved March 5, 1959 (Ga. L. 1959, p. 2156), 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 creating a new charter for the City of LaGrange, approved December 16, 1901 (Ga. L. 1901, p. 477), as amended, particularly by an Act approved February 16, 1943 (Ga. L. 1943, p. 1423), an Act approved January 31, 1950 (Ga. L. 1950, p. 2024), and an Act approved March 5, 1959 (Ga. L. 1959, p. 2156), is hereby amended by adding a new section to be known as Section 3B to read as follows: Section 3B. In addition to the property heretofore included in the corporate limits of the City of LaGrange, the corporate limits of said city shall also include the following property: Starting at a point, said point being the intersection of the western boundary of Young's Mill Road and the city limits of the City of LaGrange, said city limits being circular and having a radius of 10,560.0', (2 miles); running thence north 2 degrees, 55 minutes east and along the western boundary of the Young's Mill Road for a distance of 692.0[UNK] to a point marked by an iron pin; running thence north 87 degrees, 05 minutes west for a distance of 500.0[UNK] to a point marked by an iron pin; running thence south 2 degrees, 55 minutes west for a distance of 250.0[UNK] to a point marked by an iron pin; running thence north 87 degrees, 05 minutes west and along the

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southern boundary of a 50[UNK] unnamed public road for a distance of 65.0[UNK] to a point, said point being the intersection of the southern boundary of the 50[UNK] public road and the 2 mile circular city limits of the City of LaGrange; running thence along the city limits curve for an arc distance of 724.94[UNK], said curve having a radius of 10,560.0[UNK], (2 miles), a central angle of 3 degrees, 56 minutes and a chord distance of 717.39[UNK] to the point of beginning and being in land lot 54 of the sixth land district of Troup County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. 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 23, 30, 1960 and January 6, 1961. /s/ R. C. Swank, Publisher Sworn to and subscribed to before me this 9th day of January, 1961. /s/ Carolyn Weaver Notary Public, State of Georgia. My Commission expires Dec. 16, 1963. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January-February, 1961 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 extended

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the corporate limits of said city beyond the limits as now defined to include 5.736 acres, more or less, adjacent to Young's Mill Road. Mayor and Council City of LaGrange Horace E. Richter City Attorney Dec. 23, 30, Jan. 6 Notice of Intention to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January-February, 1961 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 5.736 acres, more or less, adjacent to Young's Mill Road. Mayor and Council City of LaGrange Horace E. Richter City Attorney Approved Feb. 14, 1961. CITY OF SHILOHCHARTERED. No. 22 (House Bill No. 190). An Act to create and incorporate the City of Shiloh, in Harris County, Georgia, and to 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; to declare the rights, powers, privileges and liabilities of said city; to provide for the initial appointment of the mayor

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and council of said city and thereafter the election of the mayor and councilmen of said city; to declare and define the duties and powers of the officers of said city; to provide for the qualifications and registration of voters in said city; to provide for the qualifications of certain officials; to provide for the filling of vacancies in the offices of the mayor and councilmen; to provide for a Mayor's Court in said city and the procedure connected with such court; to provide that the mayor and council shall have the authority to remove or abate all nuisances; to provide for taxation by said city and the procedure connected therewith; provide that said city shall have full power and authority to license, regulate, control, or prohibit any and all businesses and the procedure connected therewith; to provide that said city shall have full power and authority in their discretion, to grade, pave, or otherwise improve for travel and drainage the streets, sidewalks, public lanes and alleys of said city; to provide that said city shall have full power and authority to furnish water, gas, heat and other public utility services for the public use of said city and for private use and to charge therefor; to provide that said city shall have full power and authority to regulate and enforce the collections of and insure payment of charges for supplying said utilities; to authorize said city to enact any and all ordinances rules and regulations necessary to layout and prescribe a fire district in said city; to provide that the City of Shiloh shall have the power and authority to pass zoning regulations; to provide for a zoning commission; to provide that said city shall be authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities; to provide that said city shall have power and authority to condemn private property for any public purpose; to provide that the council of said city shall have power and authority to contract debts and issue bonds of said city as a valid obligation thereof; to provide that the mayor and council of said city shall be authorized and empowered to adopt such ordinances and regulations as they may deem proper; to provide for the creation and the election

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of a Board of Health in said city and to prescribe its powers and duties; to regulate and prohibit the keeping of explosive and other dangerous substances in said city; to regulate and prohibit the sale and shooting of firearms, fireworks, ammunition and explosives in said city; to regulate the construction of buildings to be erected in said city; to establish, equip and maintain a fire department; to provide that said city may undertake and carry out slum clearance and re-development work; to provide that said city shall have the power of eminent domain; to provide that said city shall be authorized to own and operate housing authorities; to provide that the enumeration of powers contained in this Act shall not be considered as restrictive; to provide for the disposing of any public utility that might be owned by said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, the City of Shiloh, in the County of Harris, be and the same is hereby incorporated as a city under the name and style of the City of Shiloh. Incorporated. Section 2. The boundaries or corporate limits of said city shall be and are defined as follows: All that territory and the inhabitants thereof embraced and contained within land lots numbered 113 of the second land district of Harris County, Georgia and land lots 294, 283, 258, 247, and 222 of the twenty-second land district of Harris County, Georgia. Corporate limits. Section 3. The government of said city shall consist of a mayor and four councilmen, who shall have been bona fide residents of said city for a period of three months immediately preceding their election to office. Said municipal government shall be styled the City of Shiloh, and by that name made a body corporate. As such, the City of Shiloh shall have perpetual succession, shall have and use a common seal, may contract and be contracted with, sue and be sued, plead and be impleaded,

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hold, own, possess, sell and convey, for the use of said city, any real or personal property of any kind, to purchase such real and personal property as is necessary for said city; that said Mayor and Council may pass such ordinances, rules, regulations, by-laws and resolutions not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, or of the United States of America which they may deem necessary for the good government of said city, the protection of property therein, the peace and comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for the violation of such ordinances, rules, regulations, by-laws and resolutions, and to enforce said penalties when they have been fixed. Mayor and Councilmen. Section 4. There is hereby designated and named Milton Williams, as mayor of said city and Rex McDaniel, Ralph Leverett, C. C. Williams and Fred Hanson as councilmen of said city, who shall immediately take office upon the approval of this Act and upon their 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 5 of this Act or until a vacancy shall occur as provided in section 10 of this Act. First officials. Section 5. That on the second Saturday in November, 1961, and annually thereafter, on the same day in the same month, an election shall be held in said city for mayor and councilmen, said election to be held under such supervision, rules and regulations as the council may prescribe. Elections. Section 6. Before entering on the discharge of their duties, the mayor and council shall take and subscribe to 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 Shiloh; 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

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my power to promote the general welfare of the inhabitants of said city and common interest thereof. Oath. That I am not a member of the Communist Party and that I have no sympathy for the doctrines of communism and will not lend my aid, my support, my advice, my counsel nor my influence to the Communist Party or to the teachings of communism. Section 7. The mayor and council shall meet on the first Monday of January of each year and at least monthly thereafter for the transaction of business at such times and places as they may prescribe. At all meetings the mayor, if present, shall preside, but shall have no vote upon any question to be decided by the council except in case of a tie, when he shall cast the deciding vote, and also except in the election of officers annually, when the mayor and council shall all vote, it being necessary, in order to elect, to have a two-thirds majority. Three shall constitute a quorum in all meetings of the council. Meetings of Council. Section 8. All persons residing in the City of Shiloh who are qualified to vote for members of the General Assembly of the State of Georgia, and who have paid all taxes due to said city previous to the year in which the election is held, and have resided in the City of Shiloh three months immediately preceding the day of election shall be considered electors and entitled to hold office in said city and to vote in any election held in said city. Electors. Section 9. All contests concerning elections for mayor and councilmen in and for the City of Shiloh, shall be held and determined by the ordinary of said County of Harris, and shall be governed by the same rules as are provided for contests before such officer under the Code of Georgia; but no contest shall be allowed or heard unless begun in five days after said election. Elections. Section 10. Be it further enacted that in the event that the office of mayor or any councilman shall become vacant by death, removal or otherwise, the mayor, but in case his seat is vacant, a majority of the councilmen,

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shall order an election to fill such vacancy, notice of which shall be given at least ten days by posting written notices of the same in two or more public places in said city. Same. Section 11. The mayor and councilmen shall be installed on the first Monday in January of each year, after their election, be sworn in as such officers, and shall then elect, on the same day, from their body a mayor pro tem. who shall have authority to discharge all the duties of the mayor whenever, from sickness, absence or other cause the mayor cannot act; also, at such time the said mayor and council shall elect, from their body or not, as they deem best, a clerk and treasurer, this office to be filled by one and the same person, and also may elect a marshal and such other officers for said city as they may deem best for the proper government of said city, it being the intention of this Act to elect all officers, as herein given the mayor and council power to do so, annually, and the mayor and council shall require bond, with good and sufficient security for such officers as marshal, clerk and treasurer for their faithful discharge of duty, as they shall deem best, and shall have the right to require bond of all officers appointed by them. The compensation of the mayor shall not exceed $100.00 per annum, and the compensation of the councilmen shall not exceed $5.00 each per meeting attended. The mayor and council shall be allowed to fix the salaries of all officers appointed by them, which must be done before their election, and no salary of any office shall be changed during his term of office. All officers elected by the mayor and council shall take an oath also, such as may be prescribed by said mayor and council, before entering upon the discharge of their duties. Mayor and Council, duties, etc. Section 12. There shall be a Mayor's Court for the trial of offenses and offenders against the laws and ordinances of the city, which court shall be held by the mayor, and in his absence, or disqualification, by the mayor pro tem. Said court shall have the power to preserve order, to compel the attendance of witnesses, to punish for contempt

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by imprisonment not exceeding two days, or by fine not exceeding ten ($10.00) dollars, or both; and said mayor shall also have the power, on conviction of any person of the violation of the ordinances or laws of the City of Shiloh, to sentence such persons to labor upon the streets or public works of said city not to exceed sixty days, or to impose a fine not to exceed one hundred ($100.00) dollars, or to imprison in county jail or such other place as may be provided by said mayor and council, not to exceed fifty days, either or all of said sentence, in his discretion. Mayor's Court. Section 13. The mayor shall have authority and power to issue warrants against any person violating any of the laws of this State within the corporate limits of the City of Shiloh, and shall have full power and authority to commit the offenders to jail, or to bail them (if the offense is bailable) to appear before the court having jurisdiction, and if, while trying any person charged with the violation of any ordinance or law of the City of Shiloh, it shall be made to appear that such person has violated the criminal laws of this State, said mayor shall have power to commit such person to jail, or to bail him, if the offense is bailable, to appear before the court having jurisdiction thereof. Same. Section 14. The mayor shall be chief executive officer of said city, and shall see that all ordinances, rules and regulations of said city are properly executed. He shall approve all bills against the city before they are paid by the treasurer. He shall have general jurisdiction of the affairs of said city not in conflict with the jurisdiction of the mayor and council as a body corporate. He, in conjunction with the police committee, if one should be appointed by the mayor and council shall have control of the marshal and other police officers of said city, and may appoint special police whenever, in his or their judgment, it is necessary. The mayor shall be ex-officio chairman of all general committees appointed by the mayor and council, it being in their power to appoint all committees from their body, as they may deem proper. The mayor

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shall have the same powers of a justice of the peace to issue warrants for offenses against the State laws committed in said city, and to hold courts of inquiry and to bind over offenders to courts of competent jurisdiction, and shall receive the same fees as are allowed justices of the peace for similar work under the laws of the State of Georgia; also the mayor shall have the right to commit any person for the violation of any State offense, without the issuing of a warrant, when such person shall have been brought before him for violation of any ordinance of the City of Shiloh, and there is probable cause to suspect that such person has violated a State law. Mayor. Section 15. All persons tried and fined in the Mayor's Court shall have the right of appeal from the decision of the mayor to the council of the City of Shiloh, and shall be given four days in which to enter the same, and if given their liberty pending said appeal, they shall give bond for their appearance, as hereinbefore provided. In all cases made and to be tried before the Mayor's Court, or before the council on appeal, the defendant shall have the right to give a cash bond for his or her appearance, and should they fail to appear within ten days after the case is set for trial, they shall forfeit such cash bond, and the trial court shall pass an order directing such amount to be paid into the treasury of the City of Shiloh. Mayor's Court, appeals. Section 16. The marshal, deputy marshal or any policeman lawfully appointed in said city, may arrest without warrant any person who he may see violating an ordinance of said city, or any person reported to him as having violated any ordinance of said city, and carry said offender to the Mayor's Court for trial. And to this end he may summons any person who is a citizen of the City of Shiloh, or any number of citizens as a possee to assist in such arrest. Said arresting officer shall at once notify the person of the charge preferred against him or her, and such person shall have a reasonable time to prepare for trial. Marshal. Section 17. The mayor and council shall have authority to remove or abate all nuisances in any part of the

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city, whether on the streets or elsewhere, under such rules and in such manner as they may provide by ordinance or resolution; they shall also have power and authority to prevent by ordinance and suitable penalties the running at large of stock, horses, mules, cattle, hogs, sheep, goats, or other animals at the expense of the owner thereof, and for the sale of same to pay the expense of said impounding, including the feed bills, which feed bills are not to exceed those allowed constables under the laws of the State. Nuisances. Section 18. The mayor and council of said city shall have control of the streets, sidewalks, bridges, alleys, cemeteries and public property in said city, and they shall prohibit any encroachment thereon, or any interference therewith, and they shall have the power to locate all cemeteries therein. They shall also have power to locate and open new streets and alleys, to widen and strighten any street located in said city, and for these and other public places they may condemn the owner's property in the manner provided by laws of this State for condemning property for public uses. Mayor and Council. Section 19. 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 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 and interest on the bonded indebtedness of said city as required by law. The ad valorem tax

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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 20. 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 [UNK]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. The city shall have the right to levy a tax on all real and personal property within the corporate limits of said municipality. Tax Assessors. Section 21. 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 and council shall fix the per diem compensation of said tax assessors. 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 or decrease the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small or too large. 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

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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 non-resident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Board of 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. (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 22. The taxes of said city shall fall due on

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August 1st 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 23. The collection of all taxes, fines, forfeitures, commutation or license fees may be enforced by execution, levy and sale of property, as in the case of property liable for State and county taxes. The execution so issued shall be signed by the clerk of said City of Shiloh; and all levies to be made by the marshal or his deputy, and to be conducted as sales by the sheriffs of this State in cases of tax executions, except when personal property is levied on, then the same shall be advertised at three or more public places in said city for ten days, and shall then be sold on the day named in the advertisement between the hours of ten o'clock a. m. and four o'clock p. m. Same. Section 24. The City of Shiloh, created by this Act, shall have full power and authority to license, regulate, control, or prohibit all businesses, including but not limited to 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 kinds of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawn brokers;

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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 25. (A) The City of Shiloh, 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, public lanes and alleys of said city; to put down curbing, cross drains, crossings, intersections, and otherwise improve the same. (B) In all cases where street paving or repairing to 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 the cost of making such property line extensions

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against the property to which said connections are made and to collect said assessments in the same manner as assessments for ad valorem taxes collected. Streets, water mains, etc. Section 26. Said City of Shiloh shall have full power and authority to furnish water, gas and heat 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 and a system for the manufacturing and supplying of gas and heat; and to maintain the supplying of said public utility services. Provided, however, that the power and authority granted by this section or by any other provision of this charter to own, construct, enlarge, operate, and maintain any public utility shall not apply in any case where an existing utility is furnishing a similar service unless and until the Public Service Commission has determined, after hearing, that the service being furnished by such existing utility is not reasonably adequate. Utilities systems. Section 27. The City of Shiloh 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: (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 executions for 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

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and use of such real estate has, by contract, agreed to pay for such charges. Same. (B) Said city shall have full power to require prompt payment for all water, gas, heat and sewer service furnished by said city; and 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 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 executions for 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 the 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, 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 28. 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

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may be, how the chimneys, stove pipes and flues are to be constructed, to provide for fire escapes in said buildings, and generally to do all such things and to pass such laws and ordinances as the 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 ad valorem 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. Ordinaries. Section 29. (A) The City of Shiloh 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

Page 2061

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 Harris County. Zoning. (B) In lieu of the above power of planning and zoning, the City of Shiloh is authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities, counties or municipalities and counties. Section 30. The City of Shiloh shall have full power and authority to condemn private property for any public purpose, such as establishing public street, sidewalk, parks and playgrounds, for right-of-way for any water, gas or sewer line, or sewerage disposal plants, 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

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exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code, 1933, section 36-301, et seq. Eminent domain. Section 31. The council of said City of Shiloh 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 this State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a sewerage system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Bonds. Section 32. In addition to the power and authority vested in said City of Shiloh, 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 the 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 outside of said city, and to cooperate in the management and control of any public hospital or clinic

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for treatment generally of diseases and accidents, and to contribute money to the same; Board of Health. (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, golf links, parks and playgrounds, either within or without the corporate limits of said city; Parks, etc. (D) To regulate and prohibit the keeping of explosives and other dangerous substances in said city; to regulate or prohibit sale and shooting of firearms, fireworks, ammunition and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said city; Explosives. (E) To regulate the character of buildings to be erected in said city, and to adopt and enforce building requirements and 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 structures in said city; and to regulate electrical and gas installations, appliances, and fixtures in said city, and to adopt and enforce building, electrical, gas and plumbing codes; Buildings. (F) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street or alley and to require removal of such; Public ways. (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 the laws of this State or of the United States of America; Franchises. (H) To establish, equip and maintain a fire department; Fire department.

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(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; Nuisances. (J) To provide, equip and maintain a jail, prison, prison farm and public works camp, 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; Jail. (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; Streets. (L) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had or carried on; Disorderly House. (M) To lay out and open new streets and alleys in said city; and to change the grades thereof; and to close streets in said city; Streets. (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 or sewerage by property owners whose property abut on streets having water or sewer mains. Utilities. Section 33. The enumeration of powers contained in this Act shall not be considered as restrictive; but the City

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of Shiloh and the authorities of said city may exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and the council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare and protection of said city; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the council may prescribe additional regulations and modes of procedure, not repugnant to the interest and purpose of this Act or the laws of this State. Intent. Section 34. No gas or water plant or system, now or hereafter owned by the City of Shiloh, shall ever be sold, leased or otherwise disposed of by the City of Shiloh, 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 gas or water 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. City property

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Section 35. The City of Shiloh shall have the power and authority to undertake and carry out slum clearance and re-development work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes and the powers of taxation and eminent domain shall be exercised and public funds expended in furtherance thereof and said city shall be empowered and authorized to own, maintain and operate housing authorities. Blighted areas. Section 36. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that I shall introduce a bill in the 1961 session of the General Assembly to create and incorporate the City of Shiloh, in Harris County, Georgia; describe the corporate limits; provide for municipal government; provide for municipal officials, their election or appointment, term of office, salary and duties; empower said municipality to levy and collect taxes and other revenue and expend same; and for other purposes. This 27th day of December, 1960. /s/ William Burton Steis Representative from Harris County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Burton Steis, who, on oath, deposes and says that he is representative from Harris County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal, which

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is the official organ of said county, on the following dates: December 29, 1960 and January 5 and 12, 1961. /s/ William Burton Steis Representative, Harris County. Sworn to and subscribed before me this 19th day of January, 1961. (Seal). /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large My Commission Expires Mar. 17, 1961. Approved Feb. 14, 1961. CITY OF ELLIJAYNEW CHARTER. No. 23 (House Bill No. 40). An Act to amend, consolidate and supersede the several Acts incorporating the City of Ellijay, in the County of Gilmer, State of Georgia, approved August 14, 1909 (Ga. L. 1909, p. 844), and all amendments in respect thereto; to create a new charter of said corporation; to provide for a municipal government therefor; to provide for a major and council, a recorder and recorder's court; to define their powers and duties; to provide for the election of the mayor, council and recorder; to provide for their oaths, terms of office, meetings and method of filling vacancies therein; to provide for their compensation; to define the method of holding all city elections, the appointment of election managers, their oaths and duties, and for their compensation; to provide for the selection of a mayor pro tem.; to provide for the qualification of voters and electors in said city, and for the qualification of the mayor, mayor pro tem., and recorder; to provide for a permanent system of registration of voters; to provide for a

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board of registrars, their oaths, duties and compensation; to provide for appeals from decision of city clerk refusing to allow person to register; to provide for a notice to person whose name is stricken from voters' list and for a hearing on same; to provide for a city clerk and treasurer, a city marshal, city policemen, attorney and other officers, their oaths, bonds and for their compensation; to provide for a police court and its powers, and for the trial and punishment of violators of city ordinances therein; to provide for the arrest of violators of city ordinances, with or without warrant; to provide for the taking of appearance bonds, and for the forfeiture of the same; to provide for appeals and certiorari from the police court and from the decision of the mayor and council in criminal cases; to require tax returns to be made by all persons owning property; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decision of board of tax assessors and hearing on same; to provide for appeals from decision of board of tax assessors and hearing on same; to provide for the collection of taxes and other debts and obligations due said city by execution, levy and sale of property; to provide for an ad valorem tax on property in the city, to empower said town to widen its streets, and open new streets, to provide for the removal of obstructions from streets, alleys or sidewalks, parks, squares or other public places in said city; to require railroad companies to make repair, grade and pave all grade crossings in said city; to provide for the regulations of storage of explosives, and to prevent the sale or use of fireworks within the limits of said city, and to prevent the discharge of firearms at all times within said city, except in the defense of person or habitation, or the destruction of mad dogs or other public enemies; to provide for the regulation of all trades, businesses, callings and professions; to provide for the registration of trades and businesses and to authorize said city to require any person engaging in any trade, profession or business of trade of any kind to purchase a license to do so,

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before beginning any such profession, trade or business, and to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the revocation of such licenses; to provide for the regulation of animals and for the power to impound and sell the same; to provide for the opening of new streets, and the right to condemn property for such purposes, to provide for the improvement of streets and sidewalks in said city; to provide for the cost of such improvements and for the assessments against abutting property therefor; to provide for the cost of curbing, drains and manholes; to compel the connection of water, sewer or gas lines with city lines; to provide for the prorating of assessments; to provide for the costs and procedure of improving streets and sidewalks; to provide for a lien for all street and sidewalk improvements; to provide for the issuing of executions for street and sidewalk improvements and the levy and sale of abutting property thereunder; to provide for affidavit of illegality to street and sidewalk executions and the trial of such; to provide for street or sidewalk improvements abutting county property; to provide for a sewage and drain system for said city and for sewage and drainage assessments, for the taking of property for sewage system, for the extension of such system, and for the making of sanitary lots; to authorize the city to maintain and operate a system of waterworks, and any other public utility; to provide for connection of all sanitary units and sewers and to provide penalties for failure so to do; to provide for a general policing of all police law; to provide for all matters and things necessary, proper or incident to a municipal corporation and the well being of the inhabitants thereof; to provide for the passage of all necessary ordinances, regulations and order; to provide for condemnation of lands either within or without the limits of said city for water rights; to provide for the control of sewers and pipes of all kinds in said city; to provide for the collection of water and sewer taxes; to provide for a board of health, and to define a nuisance, and to provide for the removal and abatement of nuisances;

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and to provide for fire districts, for the creation of a fire department, the purchase of fire engine and equipment; to provide for any public building necessary or useful in carrying on the business of the city; to provide for the suppression of vice; to provide for executions in favor of said city for all debts or obligations due it by any person, firm or corporation, for water, lights, sewer rent, or other indebtedness of any kind whatsoever, including taxes and assessments of all kinds; to provide for the advertisement and sale of property thereunder, the execution of deeds to property sold, and the placing of the purchaser in possession; to provide for the regulations of the operation of trains and vehicles and their speed in said city; to provide for prevention of idleness and loitering in said city; to provide for the collection of a tax on dogs, and to provide for the killing of all dogs running at large whose owner has failed to pay said tax; to grant zoning powers to said city, and authorize the mayor and council to enact ordinances to create restricted zones or districts, to provide for the classification thereof, and to prevent the use of real estate in such zones for certain purposes; to provide for the condemnation of private property within or without the limits of said city for public purposes; to authorize the mayor and council to acquire, construct, erect, build, improve and extend revenue-producing projects of all kinds, 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 revenue therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of the same and to exercise all the powers and authorities and to do all things and acts authorized by the Revenue Anticipation Laws of 1937, of this State, and Acts amendatory thereof; to provide for the full control over the streets, alleys, lanes and sidewalks, and parks of said city, by the mayor and council of said city, and to authorize them to require the removal of any obstruction placed therein by any person, or abutting property owner, at the expense of

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such person, or abutting property owner, after notice is given, or cause the same to be done, and to collect the costs of removal by execution; and to provide that all ordinances heretofore adopted and now of force, not in conflict with this Act, or the Constitution of the United States, or the State of Georgia, remain of force subject to amendment or repeal by proper ordinance; to define the corporate city limits of said city; to provide that the mayor and council of the City of Ellijay shall have power to prescribe by ordinance for the regulation of the placing of fire escapes on buildings in said city requiring the same, as to notice, time within which to place the same after notice and otherwise; to provide for jurisdiction over water pipes, sewers, septic tanks, disposal plants, and all accessories for all police purposes within or without the corporate limits of said city; to provide for the authority to acquire or lease land within or without the limits of said city; to provide that all contracts with the city by members of council shall be illegal; to provide that no officer of the police force of the City of Ellijay shall have authority to arrest any person except for offenses committed within the limits of the city, except upon warrants issued by the mayor or some member of council; to provide that if any portion of this Act shall be held invalid by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held; 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 of this Act the inhabitants of the territory now embraced in the corporate limits of the City of Ellijay, County of Gilmer, and State of Georgia, be and are hereby incorporated under the name and style of the City of Ellijay. Incorporated. Section 2. Said city shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, and all property, rights and easements within or without the

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corporate limits of said city shall be and remain vested in said City of Ellijay as created by this Act, and said city may in its corporate name sue and be sued, plead and be impleaded, have and use a common seal, make and enact through its mayor and council such ordinances, bylaws, rules and regulations for the transaction of its business and the welfare and proper government of said city as may seem best, pursuant to this charter, and not in conflict with the Constitution of the United States, the State of Georgia, or the laws hereof. Said city shall have the right and power to purchase, hold, rent, lease, sell or exchange any property, real or personal, within or without the limits of said city and for corporate purposes, and shall succeed to all the rights of and is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said City of Ellijay and its mayor and council as heretofore incorporated. Powers. Section 3. The municipal government of the City of Ellijay shall consist of and shall be vested in a mayor and five councilmen. Said mayor and council shall have full power and authority to make and establish rules, laws, ordinances, regulations and orders as to them may seem proper respecting drainage, bridges, streets, sidewalks, railroad crossings, automobiles, and vehicles of every character, livery or sales stables, airships, warehouses, sleeping apartments, restaurants, cafes, opera houses, theatres, picture shows, all kinds of shows and circuses, and all other places of amusement, storehouses, markets, garages, shops, mills, ginneries, factories, barbershops, soda founts, telegraph, telephone, and electric and gas companies, filling stations, business establishments, common carriers, all sales and displays in said city and all other matters and things whatsoever that may be by them considered necessary, proper or incident to good government of said city, and to the peace, security, health, protection or convenience of the inhabitants thereof, and for the preservation of peace and good order; and said mayor and council shall have full power and authority to pass all laws and ordinances necessary to preserve order, suppress crime and immorality in said city, not in conflict

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with the Constitution and laws of the United States or the State of Georgia, and to prescribe punishment for the commission of different acts of crime and violations of said ordinances. This enumeration of powers shall not be construed as restricted to said powers alone, but shall include all and every other things and act necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Government. Section 4. The City of Ellijay shall have a police court. This court shall have jurisdiction over all violations of the ordinances or resolutions of the mayor and council whether they shall have the mayor as presiding officer of this court or whether they will elect a recorder and make him the presiding officer of the court. Power and authority is hereby given to the mayor and council to elect a recorder for such duty if they so desire. The presiding officer of the police court shall have jurisdiction and authority to try all offenders against the laws and ordinances of the City of Ellijay, and to punish for violations of the same. Said court shall have power to enforce its judgments by the imposition of penalties as may be provided by law; to punish witnesses for non-attendance; and also to punish by imposing fines for violations of any law or ordinance of the City of Ellijay, passed in accordance with its charter, to an amount not exceeding one hundred dollars, or to imprison offenders in the common jail for a jeriod of not more than ninety days, or sentence such violators to labor on the streets or other public works of the city, either or all, in the discretion of the court. The presiding officer of the police court shall have power to preserve order in the court, compel attendance of witnesses, compel the production of books and papers to be used as evidence, and to punish for contempt; provided said punishment shall not exceed twenty-five dollars, or imprisonment in the common jail for more than ten days, or not more than ten days labor on the streets, or public works. Police court. Section 5. The mayor or recorder, whichever presides in police court, shall be to all intents and purposes a justice

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of the peace so as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrant may be executed by the city marshal or any policeman of said city anywhere within the limits of this State against any person charged with violating any of the ordinances of said city, or the laws of this State, to the same extent as sheriffs of this State. In the absence of the mayor, mayor pro tem., or recorder, any member of council may preside in police court, try any person for a violation of the ordinances of said city, and impose penalties within the limits prescribed for punishment of such offender, and may also act as justice of the peace in issuing warrants as provided herein against persons charged with the violation of any ordinance of said city, or the laws of this State. The city marshal or any policeman may take bonds for the appearance of any person arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor, mayor pro tem., recorder, or any member of the council presiding at the police court, in the absence of either of the above named officials. Same. Section 6. On the 2nd Monday in December, 1961, and biennially thereafter, there shall be elected a mayor and five councilmen for said city, to serve two years, commencing on the first day of January next after their election, and until their successors are elected, or appointed and qualified as herein provided. Before entering upon their duties, the mayor and councilmen shall severally take, before some officer authorized to administer oaths under the laws of Georgia, the following oath of office, to wit: I do solemnly swear, or affirm, that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God. Said mayor and council shall hold monthly meetings, and may hold special or called meetings, as the business of the city may require, and pass ordinances at said called meetings, provided notice is given to all members of council of the time of said meeting. The mayor or

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mayor pro tem. and three members of council shall constitute a quorum for the transaction of all business. Mayor and council. Section 7. In the event of a vacancy in the office of mayor or any member of council, by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in the case of a vacancy in the council, and by the councilmen in the case of a vacancy in the office of mayor, and the persons so selected shall be duly qualified to fill such vacancies. Vacancies. Section 8. All elections of officers under this charter, and all elections in which any subject or question is submitted to the qualified voters of said city, shall be managed by any three freeholders, who are citizens of said city. Said managers before entering on their duties shall take and subscribe before some officer authorized to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and not prevent any one from voting who is entitled to do so according to law, and prevent all illegal voting, to the best of our skill and power, so help us God. Said elections shall be held under the general election laws of this State. The polls shall be opened at 7 o'clock, A.M., and closed at 6 o'clock, P.M. The managers of all elections held under this charter shall be appointed by the mayor and council, and shall be paid the sum of $5.00 per day, each, out of the general funds in the treasury for their services, and they shall be allowed not exceeding three clerks, who shall be paid a like sum. [UNK]A majority vote shall be necessary to elect any officer, or to carry any issue submitted to the voters of said city, and the result shall be immediately declared by the election managers after counting all ballots cast on the day of such election. In the event of a tie, another election shall be called by the mayor and council within five days. Elections. Section 9. It shall be the duty of the city clerk to keep open each and every day of the week (except Sundays and legal holidays) until twenty days prior to any regular or special election of said city, a registration book for the

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registration of qualified voters who have resided in said city for 30 days prior to such election, when said registration book shall be closed until the holding of such election, when it shall again be opened and kept opened until another general or special election is held, and shall be closed 20 days before the holding of any such election, as above provided. No person shall be permitted to register after the closing of said book until after such election shall have been held. Said clerk shall then turn over said registration book to the registrars appointed by the mayor and council, who shall meet and make up from said book a list of the qualified voters of said city, who are qualified to vote in such election. The registrars shall exclude all persons not qualified to vote for members of the General Assembly of this State, and shall make a voters' list from said book of all persons qualified to vote according to the laws of Georgia, and shall complete their work on such voters' list not later than five days prior to such election and certify said list to be true and correct and deliver same to the clerk of said city, who shall deliver same to the election managers so selected to hold such election by seven o'clock, A.M., on the morning of such election, and no person shall be permitted to vote in such election unless his or her name appears on said registration list, or unless such voter shall produce a certificate signed by the registrars that his or her name was omitted from said voter's list by mistake or accident. Provided that all persons shall have the right of appeal from the decision of the board of registrars within five days to the mayor and council after their names are stricken from said voter's list, and provided further that all persons whose names are so stricken from said voter's list be served with notice, in person by the city marshal or police, or by leaving same at the residence of said person, at least five days before the completion of said voter's list. Electors. Section 10. The mayor and council shall select and appoint three registrars, who shall be qualified voters in said city. It shall be their duty to prepare a list of the registered and qualified voters of said town and furnish same to the clerk as heretofore provided. Such registrars

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shall take and prescribe an oath to faithfully and impartially perform the duties devolving upon them as registrars; said oath to be taken before an officer authorized to administer oaths, or before each other. They shall be paid the sum of five dollars a day each, and not exceeding three clerks, who shall be paid a like sum out of the general funds in the treasury, for their services in making up said registration list. They shall hold office for such term as said mayor and council may provide. Registrars. Section 11. The mayor and council shall elect a city clerk and treasurer, a marshal, police, a city attorney and such officers as the mayor and council shall deem necessary for the government of said city. Each of said officers shall take oaths, perform such duties, and when required to give such bonds as the mayor and council may prescribe; provided, that all bonds of officers shall be made payable to the City of Ellijay. The mayor shall receive such reasonable salary, not more than $600.00 nor less than $250.00 per annum.; the councilmen shall receive a reasonable salary of not more than $120.00 per annum. Said mayor and council may by ordinance provide such salary or compensation of any officer or employee of said city to be paid out of the general funds by check drawn by the city clerk and countersigned by the mayor or mayor pro tem.; after the mayor and council have allowed the same. City officials. Section 12. The mayor or mayor pro tem. 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. Quorum of council. Section 13. All persons owning property in the City of Ellijay shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of January 1st each year; and the books for recording same shall be opened on January first and closed on June first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Taxation, returns.

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Section 14. The mayor and council of said city shall appoint annually, on or before their first regular meeting in March, three freeholders residing in said city, as a board of tax assessors to said city, and shall pay said tax assessors five dollars per day each, for each day actually spent in the performance of their duties. Vacancies on said board may be filled by the mayor and council as they occur. 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 their duty to assess the value of real estate and personal property subject to taxation by said city at its fair market value; and to examine the tax returns filed by the property owners of said city with the city clerk, and to increase the valuation of any real or personal property when in their judgment the value placed thereon in any return filed with the city clerk is too small. If any person, firm or corporation fails to make return of any of his, her or its real estate or personal property as herein required, by the first day of June in any year, said tax assessors may assess such property of the person, firm or corporation failing to make such return at the fair market value thereof, and in addition assess a 10% penalty thereon. Said board of tax assessors shall complete their work within thirty days after the close of the books for receiving the returns by the city clerk, unless additional time is granted by the mayor and council. Upon completion of their work, said assessors shall appoint a time and a place for the hearing of objections to their assessments, and shall give notice to all persons whose property valuation has been raised or penalized five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served by mailing notice to them five days before said hearing, and non residents shall be given notice by mail at their known address. Tax assessors. Section 15. The board of tax assessors of the City of Ellijay may, subject to the approval of the governing authorities of said municipality, enter into contracts with

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firms, individuals, or corporations for the employment of such persons to assist the said board in the mapping, platting, cataloging, indexing and appraising of taxable properties in the municipality, and to make, subject to the approval of such board of assessors, re-evaluations of taxable property and to search out and appraise unreturned properties in such municipalities, or to purchase such information from any county or political subdivision of the State of Georgia. The expense of such employees and said work shall be paid, subject to the contracts, first being approved by the municipal governing authority, out of the treasury of the City of Ellijay as a part of the expenses of the said board. Same, contracts. Section 16. Any person dissatisfied with the assessment made on any of his property under the provisions of this charter shall have the right to appeal from the same to the mayor and council of said city, provided, said appeal be filed in writing with the clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which the same has been assessed, and the fair market value as claimed by the appellant. Said appeal shall be heard by said mayor and council at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and council of said city shall have power and authority, after notice and opportunity for the tax assessor to be heard, to raise the valuation of any property, real or personal, of any tax assessors, if in their opinion it is returned and assessed below its fair market value. Assessments, appeals. Section 17. The tax book so made up by said board of tax assessors shall be filed by them in the office of the clerk of said city when completed, and remain open for the payment of taxes due said city every day in the week, (except Sundays and legal holidays) and shall be closed on December 20, each year, at such time, tax executions may be issued by said city clerk for all unpaid taxes as of that date, against the person, firm or corporation owing said tax. All tax executions shall bear test in

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the name of the mayor or mayor pro tem. of said city and be signed by the clerk, and the marshal, or other police officer of said city, shall have authority to execute the same by levy and sale in the same manner as sheriff's sales of real estate, and constables' sales of personal property under the laws of this State for State and county taxes. In case of sale of real estate, the owner shall have the privilege of redeeming same upon the same terms as provided by laws for redemption of the sale of lands for nonpayment of State and county taxes under the laws of Georgia. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder. Said executions shall be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this Section shall have the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sale shall have the same power as sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Taxes. Section 18. The mayor and aldermen of the City of Ellijay shall have the right, power and authority to assess, levy and collect a tax upon all property, real and personal, within the corporate limits of said city, not to exceed one and one half percentum ad valorem, for the support and maintenance of government of the City of Ellijay and for the retirement of any bonds for said city. In case of extraordinary emergency the mayor and council shall have power and authority to increase said tax rate to one half of one per centum ad valorem upon all the property, both real and personal, within the corporate limits of said city, and also to assess, levy and collect a specific or occupation tax upon all business, occupation, professions calling, or trades, public or private, exercised within the city that they may deem just and proper; to fix and collect a license upon theatrical exhibitions, circuses and shows of all kinds, upon drays, hacks, hotels and boarding houses, restaurants, fish

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stands, billiard pool and other kinds of tables, ten-pin alleys, and similar devices, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business, legitimately coming within the police power of said city, as may be just and reasonable, and to fix and collect a specific or occupation tax upon the agency of any railroad, express, telegraph or telephone or electric light company or other similar corporation. The taxing power of the city, except as limited by law, shall be as general and full and complete as that of the State itself. Tax rates, business licenses. Section 19. The mayor and council shall have power and authority to enforce by execution the collection of any debt or claim due said city for taxes, sewer rents, water, lights, paving, license, rents, fines and forfeitures, laying water or sewer mains or drains, for abating nuisances, and for all levies, assessments, debts and demands due said city. Said executions shall be issued in the name of the mayor or mayor pro tem. and directed to the marshal of said city, who is authorized to levy and conduct sales in accordance with the laws governing sheriff's sales in Georgia, such sale to be held at the usual place of holding sheriff's sales, and shall be as effective to pass the title as the deed of the person against whom the execution issued. Said city may buy property sold under execution under the same terms and provisions as is provided in the purchases by counties and the State of Georgia in tax sales. Executions. Section 20. The mayor and council shall have the authority to require any person, firm or corporation, whether resident or nonresident of said city, engaged in or carrying on, or who may engage in or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, by themselves, or agents, to register their names and business, callings, vocations or professions, annually, and to require them to pay a license to engage in, prosecute or carry on such business, calling, vocation or profession in such amount as said mayor and council may by ordinance prescribed, and may provide by ordinance for the punishment of all persons,

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firms or corporations required by ordinance to pay such occupation tax, or license, who engage in, or offer to engage in such business, occupation or profession before registering and paying such tax or license, or who fail to comply in full with all the requirements of such ordinances. Business licenses. Section 21. The City of Ellijay is authorized to own and operate a system of waterworks for supplying water for all purposes for all persons resident therein, and to other persons provided for herein; they shall have power and authority to purchase, maintain, equip, repair, and extend such system of waterworks, sewage, gas systems, all or any of them, and shall have full power to do any and all things necessary for these purposes; to contract with persons, firms and corporations for the purchase of land to be used in connection therewith, whether within or without the limits of the City of Ellijay, whether said land or easements be within or without said city, and, if necessary, to condemn the same herein provided according to the laws of Georgia; they shall have power to purchase water tanks, valves, drains, mains, pipes, plants and machinery and all articles and things necessary or advisable for the establishment, equipment, and extension or enlarging and in any way improving such water system, sewer or gas system, to bore wells, erect or build plants, houses, sheds or other structures and furnish the same, and to make contracts with the residents or nonresidents of said city, or other municipalities for furnishing water, gas, sewage, or any or all such services, at such rates and under such rules and regulations as the mayor and council may provide. Said mayor and council shall also have the power to contract with any person, firm or corporation to light the streets of said city, or the furnishing of any or all of the above described services to such consumers as previously described, under such terms, rules, regulations, conditions and limitations as they may prescribe, and such contracts shall be enforceable in the courts of the State. Said mayor and council shall have authority to fix a scale of rates for such services, make and enforce rules

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for collection of taxes; adopt rules and regulations with the introduction of water, sewage, gas, into or upon any premises, and regulate the use of such services in the manner deemed proper; and shall have power to furnish, place or compel the use of meters, and prescribe the kind, make and use of same on the condition of furnishing such services, and through their agents or servants to inspect all pipes, meters and other apparatus at any time, and may require payment in advance for use or rent of water, sewage, gas, or other services so furnished by the city. For non-payment, when due, they may discontinue to furnish such services. Collections for any or all such services may be enforced by issuance of execution, levy and sale, as provided for collection of city tax. Utilities. Section 22. The City of Ellijay shall have jurisdiction over water pipes, sewers, and accessories for all police purposes such as peace, good order, health, morals; the control and regulation over water pipes, valves, hydrants, meters, lines of all sewers, trunk and intercepting, septic tanks, disposal plants, and buildings used in connection with the water and sewage systems and accessories built by the city without the limits and for the full distance of all said water pipes and sewer pipes and for all pipes and service connections extending therefrom, and for a distance of 100 feet on all sides of said mains, sewers and pipes. The City of Ellijay shall have jurisdiction of the enforcement of all ordinances, rules and regulations of said city, having for their purpose the exercise and control over the water service supplied and the sewage service supplied by said city. The city shall have the right to make laws, rules and regulations for the control of water service and sewage service wherever supplied inside or outside of the city limits and to fix penalties for the violation thereof. Any person guilty of the violation of any of the ordinances, rules and regulations of the City of Ellijay enacted for said purposes aforesaid, within the jurisdiction as above extended shall be subject to the jurisdiction of the City of Ellijay in the same manner as for offenses committed within the city limits. Same. Section 23. The mayor and council shall be vested

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with full authority to condemn property within or without the limits of said city, necessary for public purposes, in accordance with the method of procedure of condemnation of property provided by the laws of Georgia. Provided, however, that the power to condemn property conferred hereunder shall not extend to such property of any public utility which the utility could have acquired under its power to condemn. Eminent domain. Section 24. The mayor and council shall have power to control and regulate the running and operation of all automobiles, trucks, busses, locomotives, trains and all vehicles of every kind, including airplanes, and the manner of their operation, for the safety of persons and property within the limits of said city, as to speed or otherwise, and to provide for the punishment of violations of such ordinances, to prevent unnecessary noises from steam whistles, automobile horns, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt ordinances for these purposes. Traffic ordinances. Section 25. The mayor and council shall have the power to pass all laws and ordinances that they deem necessary for the good order, peace, health and comfort of the citizens of said city, and to prevent idleness and loitering, and to suppress lewdness, gambling, disorderly conduct, and to regulate the storing of all combustible or explosive material or substance, and to prevent the sale or use of fireworks of all kinds, and to prevent the firing of guns, pistols and other firearms within the corporate limits of said city, except in defense of person or habitation, or the destruction of mad dogs or other public enemies. Ordinances. Section 26. The mayor, mayor pro tem., or any member of council presiding in the absence of the above named officers, when any person is arraigned before the police court, charged with the violation of any ordinance of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance, at the time appointed

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for trial, or be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the mayor, mayor pro tem., or councilmen presiding and an execution issued thereon by serving the defendant if to be found, and his sureties with a rule nisi, at least two days before the hearing of said rule nisi. The mayor, mayor pro tem., recorder, or councilman presiding or acting shall also have power and authority to accept cash in lieu of bond and security for the appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding, declared forfeited to the City of Ellijay. Police court. Section 27. Any person convicted before the mayor or other presiding officer of said police court, may enter an appeal from the judgment of said court to the board of councilmen; provided, the appeal be entered in writing within two days after the judgment complained of is pronounced; and provided further, defendant pays the accrued cost in the case and gives bond to abide the final judgment in the case, which bond must be approved by the clerk or marshal, or other police of said city. The said councilmen shall as soon as practicable thereafter, hear and determine said case so appealed, de novo, and shall have power to decrease, or increase the fine imposed by the mayor, or other presiding officer of said police court, if they find the defendant guilty in their discretion. Any person convicted by said councilmen on the appeal shall have the right to certiorari to the Superior Court of Gilmer County, Georgia, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided further nothing in this section shall prevent the defendant desiring to appeal his case, as above provided, or to certiorari the same to the superior court, to file the usual pauper affidavit in lieu of either giving bond and security and the payment of costs, and provided further, the appellant failing to give the bond and security may, in the

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discretion of the presiding officer of said police court, be placed in the common jail of said county to await the final judgment of the appeal herein provided for. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before said police court, from certioraring the proceedings directly to the superior court in all cases where certiorari will lie from the judgment of the justice of the peace in civil actions under the rules of law governing such cases. Same, appeals certiorari. Section 28. The mayor and council shall have power to prevent livestock from running at large in said city, and regulate or prevent the keeping of hogs, poultry and poultry houses within the limits of said city, and the manner in which they may be kept if allowed to remain. Also to impound animals, when found upon the streets of said city, and to charge such fees for keeping same as they may by ordinance provide, for such animals so impounded. Also when the owner of such animal fails or refuses to pay the impounding fee and the keep of such animal, said animal may be sold at public outcry at the usual place of sales at the courthouse door of said county in said city, and the proceeds applied to the payment of said impounding fee and the cost of keeping the animal, under such rules and regulations as may be prescribed by said mayor and council. Livestock. Section 28A. The mayor and council of the City of Ellijay shall have the authority to create a bird and wild life sanctuary within the city limits of said city. The mayor and council may, by ordinance, prohibit the killing of any bird or other wild life creature within the limits of said sanctuary. Bird and wild life sanctuary. Section 29. The mayor and council of the City of Ellijay shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the same, and the grading of the same, and to condemn property for such purposes

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under the general laws of this State. They shall also have power to remove or cause to be removed, any building, post, steps, fence or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares of said city. Upon failure of the person placing any of said obstruction therefrom, or the abutting property owner, to remove the same after notice has been given, all costs of removal shall be paid by the person creating such obstructions, or the abutting property owner, and an execution may be issued therefor in such manner as may be prescribed by ordinance. They shall also have power to regulate the use of the streets, sidewalks, and public places in said city; and where any telegraph, telephone or power poles have previously been erected and interfere with traffic in any manner, to remove same to any reasonable location designated by said mayor and council. Upon the failure of said telegraph, telephone, power or electric company to remove same within ten days after having been notified to do so, said city authorities shall have the right to remove same at the expense of said company, and collect the costs of such removal from such company by execution. Streets, etc. Section 30. The mayor and council shall have authority to require any railroad company running railroads through said city, or any portion of it, to make and repair grade crossings on their several railroads in accordance with the general law of the State. Railroad crossings. Section 31. The mayor and council shall have power to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way changing the street lines and sidewalks of said city, whether the lands to be condemned is in the hands of owner, trustee, administrator, guardian or agent in the manner provided by sections 36-301 and 36-307, inclusive, of the Georgia Code, and all Acts amendatory thereof. Eminent domain. Section 32. The mayor and council shall have the power to improve any streets, sidewalk, park or other

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public place in said city, by grading, paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins, and drainage pipes, and to assess the costs of the same in the manner and proportions hereinafter set forth. Streets, sidewalks, etc. Section 33. Two-thirds of the total cost of grading, paving, repaving or improving a street or sidewalk or any portion thereof in said town shall be assessed against the owners of the property abutting on said street or sidewalk or portion thereof so graded or paved, repaved or improved or reimproved, and the other one-third of such cost shall be paid by said city; provided, however, that when said streets or sidewalks in said city shall be so improved when it is necessary to use curbing, it shall be deemed and considered as a part of such street or sidewalk and the cost of the same shall be assessed against the abutting property owner on the basis provided for in this section. All corners of side-walks in said city, and the curbing thereon, shall, for the purpose of assessment, be deemed and considered as abutting on corner lots or tracts. Same, assessments. Section 34. All necessary drains, manholes, catch-basins, drain pipes, culverts, and other openings, together with such engineering, surveying and grading as it may be necessary to do in or upon any street or sidewalk or other public places shall be considered as a part of the total cost of such paving or improving and the cost of the same, together with any and all other necessary expense incurred thereby, shall be deemed and considered as a part of such paving or improving and shall be assessed accordingly as provided for in this charter. Same. Section 35. The assessment against each owner of abutting property under the provisions of this charter shall be prorated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks or other public places

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directly in front of such owner or abutting property so paved or improved, and shall be a lien against such property from the date of the ordinance authorizing such improvement, and the clerk of said city is authorized to issue executions bearing teste in the name of the mayor and council of said city and specifying the improvements for which it issued the owner and also against the property abutting on the street or sidewalks, or other public places, or portions thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven percent per annum until paid. Said property may be sold by the marshal or other police officers of said city in the same manner as sheriffs sales are conducted under the laws of Georgia. The officer selling same shall place the purchaser in possession as in the case of sheriff's sales, and such sales shall vest an absolute title in the purchaser subject to the right of redemption by the owner as provided by law. Said marshal shall have authority to execute deeds to the purchaser. At any such sale, the City of Ellijay shall have the right to purchase any lands so sold as provided by law in cases of tax sales purchased by counties. Any defendant in execution or any owner of property against which the same is issued shall have the right to file an affidavit of illegality, as provided by law in cases of other executions, which shall be returnable to and tried in the Superior Court of Gilmer County, Georgia, with the right of appeal to the Supreme Court as in other cases. Assessments. Section 36. All real estate owned by Gilmer County, Georgia, Gilmer County Board of Education, or other subdivision or political unit of this State shall be subject to assessment for street or sidewalk improvements, the same as in the case of an individual owner, and all the provisions of this charter relating to lands owned by an individual shall apply in like manner to lands owned by Gilmer County, Gilmer County Board of Education, and other political subdivisions of Georgia, located within the limits of the City of Ellijay including land owned by the Board of Education of Gilmer County, Georgia. Assessments against property owned by political subdivisions.

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Section 37. The City of Ellijay by and through its mayor and council, shall have the power and authority to acquire, construct, reconstruct, build, improve and extend revenue-prducing projects and systems, 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 solely from such revenues, to finance the cost of construction and operation of the same and exercise all the powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State, and all Acts amendatory thereof. Revenue bonds. Section 38. It shall be the duty of said mayor and council of said city to provide fire protection and they shall have power and authority to purchase a fire truck, engine and equipment, and organize and equip a fire department, with paid or volunteer personnel, to make such appropriations as may be advisable for this purpose, and to provide any building necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fires. Fire department. Section 39. The mayor and council shall have authority to pass and enforce zoning laws or districts, and planning laws with respect to said city and shall have power to regulate the use for which said zones or districts may be set apart, fixed and established, or shall be used and enjoyed by the owners of property therein and the manner in which real estate in such zones or districts may be improved or developed, and enact such ordinances, rules and regulations with respect thereto as the general welfare, public health and public safety may demand. They shall have power to promulgate rules, regulations and ordinances whereby the City of Ellijay, Georgia may be zoned and districted for various uses, and other or different uses prohibited therein. The zones into which said city is divided may be of such shape and area as the mayor and council may deem best suited

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in the interest of the public health, safety and comfort, prosperity and general welfare of the inhabitants of said city. Zoning. Section 40. The mayor and council shall have the power to impose a tax on dogs within said city, not to exceed three dollars per annum, and shall have power to enact ordinances providing for the collection of said taxes, and authorizing the town marshal, or other police of said city to kill any dog running at large in said city whose owner fails to comply with such ordinances. Tax on dogs. Section 41. The mayor and council shall have the power to grant franchises, easements and rights-of-way over, in, under and on the public streets, parks or other public places on such terms and for such time as they deem best. Franchises. Section 42. The mayor and council may provide by ordinance for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as they may provide. It shall be their duty to visit every part of said city, and to report to the mayor and council all nuisances which are likely to endanger the health of the inhabitants of said city, and said mayor and council shall have power, upon the report of said board of health, to cause such nuisance to be abated in a summary manner at the expense of the party owning such property upon which the same may be located, as the may and council may elect, and execution may issue against said property to collect the expense of removal of such nuisance, which may be collected by levy and sale as other executions are collected. Board of health. Section 43. The mayor and council of the City of Ellijay are hereby authorized and empowered whenever, in their judgement, the same is necessary for the safety and protection of human life, to require the owner, agent, lessee or tenant in possession of any building, in said city, to place thereon fire escapes of such character and material as may be deemed requisite by said mayor and council. After notice to place fire escapes on any building, and failure within the time specified to place the

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same, the owner, agent, lessee or tenant in possession, who shall have been served with such notice, shall be subjected to a fine or imprisonment, or both, as provided by the ordinance passed in pursuance thereof. Fire escapes. Section 44. The mayor and council are hereby empowered and given full authority to acquire, own or lease lands or any interest in same, either within or without the limits of the city, for any legitimate municipal purpose, and when said lands are so acquired said city is given authority to operate, control and use same for any municipal purpose and make appropriations for the upkeep and operation of same, in the same manner as lands and interest in such are operated and maintained within the city limits, and shall have police jurisdiction over said lands. City property. Section 45. It shall not be lawful for any member of the council to be interested, either directly or indirectly, in any contract with the City of Ellijay, the mayor and council or any one or more of them, having for its object the public improvement of the city, or any part thereof, or the expenditures of its money. Any violation of this section by any member of council, shall, on conviction thereof, be punished as prescribed in section 27-2506 of the Code of Georgia of 1933. Contracts with city. Section 46. No officer of the police force of the City of Ellijay shall have authority to arrest any person except for offenses committed within the limits of the City of Ellijay, except upon warrants issued by the mayor or some member of the council, when said arrest may be made at any point within the State of Georgia, or shall any officer of the police force of the City of Ellijay act as deputy sheriff or State official during his tenure of office as a police officer or marshal of said city, and if he should accept the appointment as deputy sheriff or any State or county officer such appointment shall immediately terminate his position as a police officer or marshal of said city. Police. Section 47. The mayor and council of said city are

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empowered to provide by ordinance for the regulation of public meetings and public speaking in the streets of said city by preventing the obstruction of the streets of said city or the gathering of disorderly crowds in said streets. Public meetings. Section 48. The mayor and council may by ordinance declare what shall constitute a nuisance in said city, and provide for the abatement of the same, in the interest of the public health, safety or comfort. Nuisance. Section 49. The corporate limits of the City of Ellijay shall extend three-fourths of a mile in all directions from the center location of the Gilmer County Courthouse site. Corporate limits. Section 50. All ordinances heretofore adopted by the mayor and council of said city, which are now of force, and not in conflict with the Constitution of the United States, or the State of Georgia, shall remain in full force and effect, subject to amendment or repeal as the mayor and council may by ordinance provide. Ordinances. Section 51. In the event any article, section, paragraph or provision of this Act, or any portion thereof, in whole or in part, shall be declared illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held. Intent. Section 52. Be it further enacted, that all laws and parts of laws in conflict with this be, and the same are, hereby repealed, and that all Acts of the General Assembly of Georgia heretofore passed incorporating the City of Ellijay, and all amendments thereto, and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with this Act be, and the same are hereby repealed. Conflicting laws. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of

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Georgia, a bill to provide for a new Charter for the City of Ellijay; and for other purposes. This 16th day of December, 1960. /s/ P. T. McCutchen Representative, Gilmer County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable P. T. McCutchen, who, on oath, deposes and says that he is representative from Gilmer County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Courier, which is the official organ of said county, on the following dates: December 22, 1960, December 29, 1960, and January 5, 1961. /s/ P. T. McCutchen Representative, Gilmer County Sworn to and subscribed before me this 11th day of January, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large My Commission expires Mar. 17, 1964. (Seal). Approved February 15, 1961.

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GILMER COUNTYCOMPENSATION OF COMMISSIONER AND ADVISORY BOARD. No. 24 (Senate Bill No. 15). An Act to amend an Act creating a County Commissioner of Roads and Revenues and an Advisory Board of Gilmer County, approved February 23, 1943, (Ga. L. 1943, p. 1021), as amended particularly by an Act approved February 20, 1951, (Ga. L. 1951, p. 2675), and Act approved March 4, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 3070), and Act approved February 14, 1958, (Ga. L. 1958, p. 2068), so as to change the compensation of the Commissioner of Roads and Revenues of Gilmer County and change the per diem salary of the members of the Advisory Board of Gilmer County; to repeal conflicting laws; and, for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a County Commissioner of Roads and Revenues and an Advisory Board of Gilmer County, approved February 23, 1943 (Ga. L. 1943, p. 1021), as amended particularly by an Act approved February 20, 1951 (Ga. L. 1951, p. 2675), an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3070), and an Act approved February 14, 1958 (Ga. L. 1958, p. 2068), is hereby amended by striking the words and figures twenty-seven hundred ($2,700.00) dollars from section 3 of said Act and inserting in lieu of the words and figures six thousand ($6,000.00) dollars, so that when so amended, said section shall read as follows: Section 3. Be it further enacted by the authority aforesaid that the compensation of said county commissioner shall be six thousand ($6,000.00) dollars per annum, payable monthly at the end of each month. Section 2. Said Act is further amended by striking the words and figures five ($5.00) dollars from section 8 of said Act and inserting in lieu thereof the words

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and figures ten ($10.00) dollars, so that said section when so amended, shall read as follows: Section 8. Be it further enacted that there be and there is hereby created an Advisory Board of Gilmer County, to consist of two (2) members to be known as Commissioners, to serve and act in conjunction with the County Commissioner of said county in the following matters only, to-wit: in any and all matters where county funds are to be spent or obligated by contracts or otherwise. In performing these duties said Commissioners who make up said Advisory Board shall devote such time as is necessary, and shall be paid therefor the sum of ten ($10.00) dollars per day for each day served. They shall meet with the said County Commissioner on the first Tuesday of each month and the said County Commissioner shall be chairman of such meeting. Upon questions for determination of a majority vote of the three shall control. They shall not meet at any time during the month unless called by the said County Commissioner. Said Advisory Board shall have no jurisdiction or control over the affairs of said county heretofore delegated to said County Commissioner. They are to serve and act only in financial matters are above defined and specified. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 15, 1961. RANDOLPH COUNTYELECTION OF COMMISSIONERS. No. 26 (Senate Bill No. 54). An Act to amend an Act relating to the creation of the Board of Commissioners of Roads and Revenues of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act

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approved March 11, 1943 (Ga. L. 1943, p. 1103), an Act approved January 25, 1945 (Ga. L. 1945, p. 498), an Act approved February 26, 1947 (Ga. L. 1947, p. 132), an Act approved February 8, 1948 (Ga. L. 1948, p. 298), and an Act approved February 18, 1959 (Ga. L. 1959, p. 2035), so as to provide that the Commissioners of Roads and Revenues of Randolph County shall be elected by all voters residing within the county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the creation of the Board of Commissioners of Roads and Revenues of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, particularly by an Act approved March 11, 1943 (Ga. L. 1943, p. 1103), an Act approved January 25, 1945 (Ga. L. 1945, p. 498), an Act approved February 26, 1947 (Ga. L. 1947, p. 132), an Act approved February 8, 1948 (Ga. L. 1948, p. 298), and an Act approved February 18, 1959 (Ga. L. 1959, p. 2035), is hereby amended by striking the last sentence in section 2 of said Act which reads as follows: One Commissioner whose residence is in the district represented by him, shall be elected for each road district and shall be nominated and elected by the qualified voters only who reside within the territory comprising the Commissioner's respective district, and substituting in lieu thereof a new sentence which shall read as follows: One Commissioner shall be elected whose residence is in each road district for the territory embraced in said district, and shall be nominated and elected by all voters legally qualified to vote in general elections residing within the County of Randolph, State of Georgia, so that section 2 of said Act, when so amended, shall read as follows: Section 2. Be it enacted by the authority aforesaid,

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that for the purpose of this Act the County of Randolph shall be divided into five road districts, as follows: General Militia District number 718, known as the Cuthbert District, shall constitute district number one; General Militia Districts numbers 947 and 934, locally known as the Fifth and Carnegie Districts, shall constitute district number two; General Militia Districts numbers 1131 and 954, locally known as Coleman and Springvale Districts, shall constitute district number three; General Militia Districts numbers 1566 and 777, locally known as the Benevolence and Brooksville Districts, shall constitute district number four; and General Militia Districts numbers 1334 and 998, locally known respectively as Shellman and the Fourth shall constitute district number five. One Commissioner shall be elected whose residence is in each road district for the territory embraced in said district, and shall be nominated and elected by all voters legally qualified to vote in general elections residing within the County of Randolph, State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved February 21, 1961. CITY COURT OF THOMASVILLESALARY OF SOLICITORGENERAL. No. 29 (House Bill No. 224). An Act to amend an Act establishing the City Court of Thomasville in and for the County of Thomas, approved August 18, 1905 (Ga. L. 1905, p. 383), as amended, particularly by an Act approved February 6, 1952 (Ga. L. 1952, p. 2219), so as to change the compensation of the solicitor-general of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of

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Thomasville in and for the County of Thomas, approved August 18, 1905 (Ga. L. 1905, p. 383), as amended, particularly by an Act approved February 6, 1952 (Ga. L. 1952, p. 2219), is hereby amended by striking from section 16 the words three thousand dollars, and inserting in lieu thereof the words three thousand nine hundred dollars, so that when so amended section 16 shall read as follows: Section 16. Be it further enacted, that there shall be a solicitor-general of said City Court of Thomasville, who shall be elected by the qualified voters of the County of Thomas at the next general election held in said county for the election of county officers in October, 1908, whose term of office shall be for four years, beginning on the first day of January, 1909. Said solicitor-general shall be commissioned by the Governor for a term of four years from his election and qualification. Said solicitor-general shall be elected under the same rules and regulations as other county officers are elected. All vacancies shall be filled by the Governor of the State of Georgia, he shall appoint a solicitor-general of said city court to hold office until the first day of January next succeeding the next general election for county officers in said county, after the said vacancy occurs, at which election a successor shall be elected to fill the unexpired terms, if any. Said solicitor-general shall be the prosecuting attorney of the said City Court of Thomasville; he must be at least twenty-five years old at the time of his election; must have been a resident of the county of Thomas for at least three years immediately preceding his election; he shall prosecute for all offenses cognizant before the court, and shall represent the State in all cases carried to the Supreme Court or the Court of Appeals from said city court, but in his absence the judge may appoint a solicitor-general pro tem. who shall receive the same fees allowed to the solicitor-general in cases conducted by him. The said solicitor-general shall receive a salary of three thousand nine hundred dollars per annum which shall be paid monthly from the treasury of Thomas County.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given to whom it may concern that after three (3) weeks' publication of this notice, and within sixty (60) days hereof, there will be introduced for passage by the legislature of Georgia a Bill with the title and caption as follows: An Act to amend an Act approved August 18, 1905, entitled: An Act to establish the City Court of Thomasville, in and for the County of Thomas, to definte its jurisdiction and powers; to provide for the election of a judge and other officers thereof; to define their powers and duties, and for other purposes, by providing for a change in the salaries of the judge and solicitor of said court; to amend an Act approved February 6, 1952, providing for the fixing of the salary of the judge of said court and for the fixing of the salary of the solicitor of said court; to set the effective date of this Act; to repeal all laws or parts of laws in conflict herewith and for other purposes. This 22nd day of December, 1960. /s/ J W. Keyton /s/ J. W. Bozeman Representatives, Thomas County. /s/ Roland Clanton State Senator. Publisher's Affidavit. Georgia, Thomas County. I, Lee E. Kelly, do hereby certify that I am the business manager of the Times-Enterprise Company; that the Times-Enterprise Company is the publisher of the Thomasville Times-Enterprise Weekly Edition; and that the Thomasville Times-Enterprise Weekly Edition is the

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newspaper in which sheriff's advertisements for Thomas County, Georgia, are published. I do further certify that the Notice of Local Legislation which follows this certificate was published in the Thomasville Times-Enterprise Weekly Edition on the 23rd and 30th days of December, 1960, and on the 6th day of January, 1961. Witness my signature this 11th day of January, 1961. /s/ Lee E. Kelly, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. W. Keyton, who, on oath, deposes and says that he is representative from Thomas County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomasville Times-Enterprise, which is the official organ of said county, on the following dates: December 23rd, and 30th, 1960 and January 6th, 1961 /s/ J. W. Keyton Representative, Thomas County. Sworn to and subscribed before me this 23 day of January, 1961. /s/ Frances Y. Reed Notary Public. (Seal). Approved February 23, 1961.

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SEMINOLE COUNTYTREASURER'S SALARY. No. 30 (House Bill No. 43). An Act to amend an Act relating to the compensation of the Treasurer of Seminole County, approved August 11, 1924 (Ga. L. 1924, p. 372), so as to change the compensation of the Treasurer of Seminole County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the compensation of the Treasurer of Seminole County, approved August 11, 1924 (Ga. L. 1924, p. 372), is hereby amended by striking section 1 of said Act in its entirety and substituting in lieu thereof a new section to read as follows: The Treasurer of Seminole County shall receive as his full compensation for performing the duties of county treasurer of said county, as prescribed by law, the sum of twelve hundred ($1,200.00) dollars per annum, the same to be paid him out of the treasury of said county in monthly installments of one hundred ($100.00) dollars a month, which salary shall be in full compensation for his services as such treasurer, and in lieu of any other and kind of compensation therefor. 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, 1961, session of General Assembly of Georgia, a bill to raise the salary of the office of treasurer of Seminole County, Georgia, from $50.00 per month to $100.00 per month, as recommended by the board of commissioners of said county. This 14th day of December, 1960. /s/ J. Otis Brackin Seminole County Representative.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. O. Brackin, who, on oath, deposes and says that he is representative from Seminole County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donalsonville News, which is the official organ of said county, on the following dates: December 15, 22 and 29, 1960. /s/ J. O. Brackin Representative, Seminole County Sworn to and subscribed before me this 11 day of January, 1961. /s/ Janette Hirsch Notary Public, Georgia State at Large My Commission expires Oct. 6, 1964. (Seal). Approved February 23, 1961. TOWN OF HULLFRANCHISES AND LICENSES. No. 33 (House Bill No. 157). An Act to amend an Act to incorporate the Town of Hull, partly in Clarke County and partly in the County of Madison, Georgia, approved August 24, 1905 (Ga. L. 1905, p. 893, et. seq.), and Acts amendatory thereof, so as to empower the Town of Hull, through its mayor and council, to grant franchises, licenses, easements and rights of way in the public streets, alleys and other public places in said town to utility corporations for the purpose of providing the inhabitants of said town with utility services; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act to incorporate the Town of Hull, partly in Clarke County and partly in the County of Madison, Georgia, approved August 24, 1905 (Ga. L. 1905, p. 893, et. seq.), is hereby amended by inserting a after Section 1 thereof so that the same shall now read Section 1 (a). Be it further enacted that following said section 1 (a), as the same is herein amended, there shall be inserted the following: Section 1 (b). Be it further enacted by the authority aforesaid that the town of Hull, through its mayor and council, shall have the power and authority to grant franchises, licenses, easements and rights of way, over, in, under and on the public streets, avenues, roads, highways, alleys, lanes, ways, parks, sidewalks and other public places within the corporate limits of the said town of Hull to public utility corporations, whether publicly or privately owned, for the purpose of providing the said town and its inhabitants with gas, electricity, water, sewerage, heat, power, light and other utility services. 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 Bill. Notice is hereby given that the undersigned intends to apply to the General Assembly of Georgia at the 1961 Session thereof for the passage of a local bill to amend the charter of the Town of Hull, Georgia, approved August 24, 1905 (Ga. L. 1905, p. 893, et. seq.), so as to empower the town of Hull, through its mayor and council, to grant franchises, licenses, easements and rights of way in the public streets, alleys and other public places in said town to utility corporations, for the purpose

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of providing its inhabitants with utility service; to repeal conflicting laws; and for other purposes. /s/ Julian H. Cox and Chappelle Matthews Representatives, Clarke County, Georgia /s/ Harold A. Boggs Representative Madison County, Georgia December 30, 1960, January 6 and 13, 1961. Affidavit of Authors. Georgia, Madison County. We, Julian H. Cox, Chappelle Matthews and Harold A. Boggs, being first duly sworn on oath by the undersigned notary public, do depose and say that we are the authors of the local bill attached to this affidavit and that the above and foregoing Notice of Intention to Apply for Passage of Local Bill was published in the Athens Banner Herald, which is the official organ of Clarke County, Georgia, and the Danielsville Monitor, which is the official organ of Madison County, Georgia, and are 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 and specifically on the following dates: December 30, 1960, January 6 and 13, 1961. /s/ Julian H. Cox Representative, Clarke County, Georgia /s/ Chappelle Matthews Representative, Clarke County, Georgia /s/ Harold A. Boggs, Representative, Madison County, Georgia

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Sworn to and subscribed before me this 14th day of January, 1961. /s/ Betty C. Clark Notary Public, Barrow County, Georgia My Commission expires July 23, 1962. (Seal). Approved February 23, 1961. CITY COURT OF FLOYD COUNTYJUDGE'S SALARY. No. 34 (House Bill No. 300). An Act to amend the Act entitled City Court of Floyd County approved March 7, 1955 (Ga. L. 1955, pp. 3109-3118), as amended by Act of 1957 (Ga. L. 1957, pp. 3172-3174), by amending section 3 of said Act by increasing the salary of the Judge of the City Court of Floyd County from seven thousand, five hundred ($7,500.00) dollars per annum to a salary of nine thousand ($9,000.00) dollars per annum; and to repeal conflicting laws. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That section 3 of the Act entitled City Court of Floyd County and approved March 7, 1953 (Ga. L. 1955, pp. 3109-3118), as amended by Act of 1957 (Ga. L. 1957, pp. 3172-3174) be and the same is hereby amended by striking and repealing the words and figures in lines 13 and 14 of section 3 of said Act, reading: a salary of seven thousand, five hundred ($7,500.00) dollars per annum and substituting and enacting in lieu thereof the words and figures a salary of

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nine thousand ($9,000.00) dollars per annum, so that section 3 of said Act shall read: Section 3. There shall be a judge of said city court, who shall be elected by qualified voters of said Floyd County, 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 a 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 (30) days prior to 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 nine thousand ($9,000.00) dollars per annum, which shall neither be diminished nor increased during his term of office, except to apply to a subsequent term in office, and which shall be paid monthly by the treasurer of Floyd County, and it shall be the duty of the board of roads and revenues of said county or other proper officers to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation and may not practice law in any court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The notice and affidavit attached hereto are made a part of this Bill, and reference is made thereto. Notice of Intention to Ask Legislation. To the People of Floyd County: Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its session in 1961, for the enactment of a local bill to amend an Act entitled City Court of Floyd County, Ga. Laws 1955, pp. 3109-3118, so as to raise the yearly salary of the Judge of the City Court of Floyd County.

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This notice is given in compliance with Article 3, Section 14 of the Constitution of the State of Georgia, as amended in 1945. This 21st day of December, 1960. /s/ J. Battle Hall /s/ Sidney Lowrey /s/ Robert L. Scoggin Floyd County Representatives 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 the copy of said notice as published in said paper is hereto attached and made a part of said Bill; and that said notice was published as provided by law. This 26 day of January, 1961. /s/ J. Battle Hall Sworn to and subscribed before me, this 26 day of January, 1961. /s/ Janette Hirsch Notary Public, Georgia State at Large My Commission expires Oct. 6, 1964. (Seal).

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Notice of Intention to Ask Legislation. To the People of Floyd County: Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its session in 1961, for the enactment of a local bill to amend an Act entitled City Court of Floyd County. Georgia Laws 1955, pp 3109-3118, so as to raise the yearly salary of the Judge of the City Court of Floyd County. This notice is given in compliance with Article 3, Section 14 of the Constitution of the State of Georgia, as amended in 1945. This 21st day of December, 1960. /s/ J. Battle Hall /s/ Sidney Lowrey /s/ Robert L. Scoggin Floyd County Representatives. Dec. 22, 29, Jan. 5, 12. Approved February 23, 1961. LAMAR COUNTYSALARIES OF COMMISSIONERS. No. 36 (House Bill No. 16). An Act to amend the Act creating the Board of Commissioners of Roads and Revenues for Lamar County approved March 8, 1943, (Ga. L. 1943, page 1066) as amended, by striking from section 6 thereof the figure $50.00, and inserting in lieu thereof the figure $100.00; to determine the effective date thereof, and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act creating the Board of Commissioners of Roads and Revenues for Lamar County approved March 8, 1943 (Ga. L. 1943, page 1066), be, and the same is hereby amended by striking from section 6 thereof the figure $50.00, and inserting in lieu thereof the following figure, to wit: $100.00, so that said section 6 when so amended shall read as follows: Section 6. Be it enacted by the authority aforesaid, that the chairman of the board of roads and revenues for said county shall receive exactly $100.00 per month for his services, and the other commissioners shall receive $100.00 per month for their services; said members of the said board shall receive no other compensation whatever. Said salaries shall be paid monthly. Three of said commissioners shall constitute a quorum and must concur to pass any order for any contract or pledge the county's credit, grant or allow any claim or charge against said county. After the membership of the Board is reduced to three, then two members shall constitute a quorum. No commissioner shall sell directly or indirectly to the county or buy or deal in county warrants or jury scrip. Section 2. Be it further enacted by the authority aforesaid, that the increase in compensation authorized by section 1 of this Act shall be effective as of the first day of January 1961. Effective date. Section 3. Be it further enacted by the authority aforesaid, that if any part of this Act should be declared unconstitutional by the courts, the remaining portion or part of said Act shall remain in full force and effect. Section 4. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be, and the same is hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that it is the intention of the

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undersigned to introduce at the 1961 session of the General Assembly of Georgia a bill, the same being an Act to amend the Act approved March 8, 1943, creating the Board of Commissioners of Roads and Revenues of Lamar County, Georgia, as amended, by increasing the compensation of certain members of said board of commissioners from $50.00 per month to $100.00 per month. This December 14, 1960. /s/ Haygood Keadle Representative-Elect of Lamar County, Georgia. 12/15-22-29 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Haygood Keadle, who, on oath, deposes and says that he is representative from Lamar County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Gazette, which is the official organ of said county, on the following dates: December 15, 22, and 29th, 1960. /s/ Haygood Keadle Representative, Lamar County. Sworn to and subscribed before me this 10 day of January, 1961. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal) Approved February 28, 1961.

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CAMDEN COUNTYCOMMISSIONER DISTRICTS. No. 37 (House Bill No. 89). An Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Camden County, Georgia, approved February 26, 1941, (Ga. L. 1941, p. 800), so as to re-district the county into four commissioner districts; to provide for a commissioner from each district and for a commissioner at large; to provide for the election of all members of the Board of Commissioner of Roads and Revenue by the voters of the entire county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenue for Camden County, Georgia, approved February 26, 1941, (Ga. L. 1941, p. 800), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof the following: Section 1. Be it enacted by the General Assembly of Georgia, that a Board of Commissioners of Roads and Revenue for the County of Camden is hereby created. Said board shall consist of five members, one member from each of the commissioner districts as defined in section 3 (a) hereinafter, and one member from the county at large. Each member shall be a qualified voter of said county and of the district from which elected, and shall be in all other respects qualified to hold public office in the State of Georgia. Section 2. Said Act is further amended by striking section 3 in its entirety and substituting in lieu thereof the following: Section 3 (a). The County of Camden shall be divided into four Commissioner Districts to be known as District No. 1, 2, 3 and 4. Commissioner District No. 1 shall embrace all the territory within the boundaries of

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the 29th General Militia District. Commissioner District No. 2 shall embrace all the territory within the boundaries of the 1606th and 32nd General Militia Districts. Commissioner District No. 3 shall embrace all the territory within the boundaries of the 31st General Militia District. Commissioner District No. 4 shall embrace all the territory within the boundaries of the 33rd, 270th, and 30th, General Militia Districts. Districts. (b) The Board of Commissioners of Roads and Revenue for Camden County, Georgia, shall be composed of one member from each of the Commissioner Districts and one member from the county at large. Any person offering as a candidate to represent a Commissioner District on the Board must be a resident of the district from which he offers. The fifth member may be elected from any commissioner district in the county. All of the members of the Board of Commissioners of Roads and Revenue for Camden County, Georgia, shall be elected by the voters of the entire county. Any person offering as a candidate for the Board of Commissioners of Roads and Revenue for Camden County, Georgia, shall declare at the time he qualifies whether he is offering as a candidate to represent his Commissioner District or whether he is offering as a candidate for said office as a member from the county at large. Section 3. The provisions of this Act shall become effective on the first day of January, 1963; provided, however, that the candidates seeking election to represent the districts defined in section 3 (a) hereof and the county at large as provided in section 3 (b) hereof shall be elected in the manner now provided by law in Camden County primary to be held in the year 1962. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Camden County. Affidavit of Publisher. Personally appeared before me, the undersigned authority

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duly authorized by law to administer oaths and take acknowledgments, Kenneth L. Harrison who, after being duly sworn on his oath, deposes and says: 1. That he is the owner, editor, general manager and publisher of the Camden County Tribune, a newspaper operated in and for Camden County, Georgia, and having general circulation therein. 2. That said Camden County Tribune is the official organ of said county and the newspaper in which sheriff's advertisements are published. 3. That the following legal Notice of Local Legislation was duly published in each and every issue of said newspaper on December 23, 1960, December 30, 1960 and January 6, 1961. Georgia, Camden County. To Whom it May Concern: Notice of Local Legislation. Notice is hereby given that the undersigned will introduce a bill in the next regular session of the Georgia Legislature, January-February session, 1961, next, to be captioned, as follows: An Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Camden County, Georgia, approved February 26, 1941, (Ga. L. 1941, p. 800-804) as amended, so as to re-district the county into four commissioner districts; to provide for a commissioner from each district and for a commissioner at large; to provide for election of all members of the Board of Commissioners of Roads and Revenue by the voters of the entire county; to repeal all conflicting laws; and for other purposes. This notice is given in compliance with the laws of the State of Georgia pertaining thereto.

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This 19th day of December, 1960. /s/ J. Nolan Wells Representative-Elect 12-23, 30, 1-6-61c. Further deponent sayeth not. /s/ Kenneth L. Harrison Sworn to and subscribed before me this 14th day of January, 1961. /s/ Mildred B. Deen Notary Public, Georgia State at Large. My Commission expires March 23, 1963. (Seal). Approved February 27, 1961. PIERCE COUNTYCOMPENSATION OF COMMISSIONERS AND CLERK. No. 40 (House Bill No. 394). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Pierce County approved March 25, 1937, (Ga. L. 1937, p. 1397), as amended particularly by an Act approved February 4, 1941, (Ga. L. 1941, p. 949), by an Act approved February 16, 1943, (Ga. L. 1943, p. 1098), by an Act approved February 2, 1945, (Ga. L. 1945, p. 548), by an Act approved March 7, 1955, (Ga. L. 1955, p. 2961 and p. 3331), and by an Act approved March 13, 1957, (Ga. L. 1957, p. 3132), so as to change the compensation and the allowance rate for mileage of the Chairman of the Board of County Commissioners of Pierce County; to clarify provisions relating to the compensation and the allowance rate for mileage of the other members of said board; to clarify provisions relating

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to the salary and duties of the clerk of said board; to specifically repeal an Act entitled An Act to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce; to appoint the members of said board and provide for the election of their successors and the manner of filling vacancies; to prescribe the term of office, powers, duties and compensation of said board; to provide for the appointment of a clerk of said board; and for other purposes, approved March 25, 1937, (Ga. L. 1937 pp. 1397 to 1405, inclusive), and Acts amendatory thereof approved February 4, 1941, (Ga. L. 1941, pp. 949 to 951), February 16, 1943, (Ga. L. 1943, pp. 1098 and 1099), and February 2, 1945, (Ga. L. 1945, pp. 548 and 549); and for other purposes, approved March 7, 1955, (Ga. L. 1955, pp. 2961 and 3331), as amended by an Act approved March 13, 1957, (Ga. L. 1957, p. 3132); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Roads and Revenues of Pierce County approved March 25, 1937, (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved February 4, 1941, (Ga. L. 1941, p. 949), by an Act approved February 16, 1943, (Ga. L. 1943, p. 1098), by an Act approved February 2, 1945, (Ga. L. 1945, p. 548), by an Act approved March 7, 1955, (Ga. L. 1955, pp. 2961 and 3331), and by an Act approved March 13, 1957, (Ga. L. 1957, p. 3132), is hereby amended by striking section 7 of said Act in its entirety and substituting in lieu thereof the following: Section 7. The compensation of the chairman of said board shall be $4800.00 per year payable monthly and he shall be allowed mileage at the rate of ten (10) cents per mile for every mile traveled attending to official business, together with such other expenses as he may incur and deem necessary in the discharge of his duties as such chairman which are imposed upon him by law. Such mileage and expenses shall be paid upon presentation

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of an itemized statement thereof by said chairman and its approval in writing by the other members of the board. Compensation of chairman. Section 2. Said Act is further amended by striking section 8 in its entirety and substituting in lieu thereof the following: Section 8. The compensation of each of the members of said board other than the chairman shall be three hundred ($300.00) dollars per year, payable monthly and each shall be paid five (5) cents per mile for each mile traveled in the discharge of the duties of his office, together with such other expenses as he may incur and deem necessary in the discharge of his duties which are imposed upon him by law. Such mileage and expenses shall be paid upon presentation of an itemized statement thereof by such member and its approval in writing by the chairman and other board members. Compensation of members. Section 3. Said Act is further amended by striking section 9 in its entirety and substituting in lieu thereof the following: Section 9. The board is hereby authorized and empowered to appoint a clerk for said board who shall serve at the pleasure of the board. The board shall have the authority to fix the salary of said clerk. It shall be the duty of said clerk to keep a proper and accurate book of said minutes, wherein shall appear all orders, resolutions and proceedings had and passed with reference to county matters. The clerk shall also keep a full and accurate book of county vouchers wherein shall appear in itemized detail all orders and warrants drawn by the Board of the county treasurer or depository showing for what purposes and on what fund such orders or warrants were drawn. He shall also in a well bound book keep an inventory of all county property of whatever nature, listing the valuation of each item of property so recorded, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year, and he shall keep such other books and records as the board

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may require, all of which shall be open to public inspection during the office hours by any citizen or taxpayer of the county. Clerk. Section 4. An Act relating to the chairman's compensation and expenses, the members' compensation and expenses, and the clerk's compensation and duties, approved March 7, 1955, (Ga. L. 1955, pp. 2961 and 3331), as amended by an Act approved March 13, 1957, (Ga. L. 1957, p. 3132), is hereby repealed. Prior Acts repealed. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January 1961 session of the General Assembly of Georgia, a Bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Pierce County so as to increase the compensation of the Chairman of said Board; and for other purposes. /s/ W. H. (Bill) Kimmons Representative Pierce County, Ga. 1-12 Georgia, Pierce County. Personally appeared before me a notary public, the undersigned Dean Broome, who on oath says that he is editor and publisher of The Blackshear Times, a newspaper published in the City of Blackshear, being of general circulation and being the legal organ for the County of Pierce who certifies that legal notice, a true copy of which is hereto attached, being notice of Intention to Introduce Local Legislation, was duly published once a week for three weeks as required by law; said dates of

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publication being December 29, 1960, January 5 and January 12, 1961. /s/ Dean Broome Editor and Publisher The Blackshear Times Blackshear, Georgia Sworn to and subscribed before me, this 12 day of January, 1961. /s/ Pauline S. Kimmons Notary Public Commission expires Jan. 15, 1962. (Seal). Approved February 28, 1961. HARALSON COUNTYSALARY OF COMMISSIONER OF ROADS AND REVENUES. No. 41 (House Bill No. 148). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 252), as amended, particularly by an Act approved March 4, 1935 (Ga. L. 1935, p. 667), an Act approved February 21, 1951 (Ga. L. 1951, p. 3295), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2409), so as to change the compensation of the Commissioner of Roads and Revenues of Haralson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 252), as amended, particularly by an Act approved March 4, 1935 (Ga. L. 1935,

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p. 667), an Act approved February 21, 1951 (Ga. L. 1951, p. 3295), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2409), is hereby amended by striking paragraph a. of section 13 in its entirety and inserting in lieu thereof a new Paragraph a. to read as follows: a. The Commissioner of Roads and Revenues of Haralson County shall be compensated in the amount of six hundred ($600) Dollars per month to be paid from the funds of Haralson County. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Haralson County. Personally appeared before me, the undersigned, authority, duly authorized to administer oaths, Thomas B. Murphy, who on oath deposes and says that he is representative from Haralson County and that the attached copy of notice of intention to introduce local legislation was published in the Haralson County, Tribune, which is the official organ of said County on the following dates; December 29, 1960; January 5, 1961; and January 12, 1961. /s/ Thomas B. Murphy Representative Haralson County, Georgia Sworn to and subscribed before me, this 16th day of January, 1961. /s/ Janette Hirsch Notary Public, Georgia State at Large My Commission expires Oct. 6, 1964. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a Bill to change the compensation of the Commissioner of Roads and Revenue of Haralson County; and for other purposes. This 21st day of December, 1960. /s/ Thomas B. Murphy Representative-Elect Haralson County, Georgia. 29, 5, 12 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a Bill to change the compensation of the Commissioner of Roads and Revenues of Haralson County; and for other purposes. This 21st day of December, 1960. /s/ Thomas B. Murphy Representative Elect- Haralson County, Georgia. Approved March 1, 1961. HALL COUNTYCOMPENSATION OF COMMISSIONERS. No. 43 (House Bill No. 444). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 30,

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1937 (Ga. L. 1937, p. 1344), and an Act approved February 19, 1953 (Ga. L. 1953, p. 2224), so as to change the compensation of the members of the Board of Commissioners of Roads and Revenues for Hall County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 30, 1937 (Ga. L. 1937, p. 1344), and an Act approved February 19, 1953 (Ga. L. 1953, p. 2224), is hereby amended by striking section 12 in its entirety and substituting in lieu thereof a new section 12 to read as follows: Section 12. The compensation of each member of the board of commissioners of roads and revenues shall be three thousand ($3,000.00) dollars per annum payable in equal monthly installments. However, the chairman of the board shall receive forty-two hundred ($4,200.00) dollars per annum payble in the same manner. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. Georgia, Hall County. Personally appeared before the undersigned officer authorized to administer oaths, L. R. Fockele, who after being duly sworn deposes and states upon oath that he is general manager of the Daily Times, a newspaper and the official organ of Hall County, Georgia, in which sheriff's advertisements are published, and that the following is a true and correct copy of a notice of intention to apply for local legislation which notice was published in said newspaper in issues dated January 20th, January 24th and January 31st, 1961:

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Notice of Intention to Seek Local Legislation. Notice is hereby given that at the current session of the General Assembly of Georgia which convened January 9th, 1961, there will be introduced for passage a local bill to amend the Act creating the Board of Commissioners of Roads and Revenues for the County of Hall (Ga. L. 1935, pp. 661 et seq.) as heretofore amended. Said local bill will amend said Act as heretofore amended by providing for compensation for each member of said board in the amount of $3,000.00 per year except the chairman, who shall receive $4,200.00 per year or the pro rata part thereof while serving in such capacity. This 20th day of January, 1961. /s/ Bill Williams Robert Andrews Howard T. Overby This February 1st, 1961. /s/ L. R. Fockele Sworn to and subscribed before me, this February 1st, 1961. /s/ Wm. R. Gignilliat Notary Public (Seal). Approved March 2, 1961. HALL COUNTYMEETINGS OF COMMISSIONERS OF ROADS AND REVENUES. No. 44 (House Bill No. 435). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, approved March 21, 1935, (Ga. L. 1935, p. 661), as amended, particularly by an Act approved February

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19, 1953, (Ga. L. 1953, Jan.-Feb. Sess. p. 2224), and an Act approved February 26, 1957, (Ga. L. 1957, p. 2269), so as to provide for a change in the days for the regular meetings of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Hall County, approved March 21, 1935, (Ga. L. 1935, p. 661), as amended, particularly by an Act approved February 19, 1953, (Ga. L. 1953, Jan.-Feb. Sess. p. 2224), and an Act approved February 26, 1957, (Ga. L. 1957, p. 2269), is hereby amended by striking from section 5 of said Act the word Tuesdays and inserting in lieu thereof the word Mondays so that section 5, when so amended, shall read as follows: Section 5. That said board shall have regular meetings on the second and fourth Mondays in each month for the transaction of such business as may legitimately come before it with the power to adjourn over from day to day until the business necessary to be considered has been completed. Meetings. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. Georgia, Hall County. Personally appeared before the undersigned officer authorized to administer oaths, L. R. Fockele, who after being duly sworn deposes and states upon oath that he is general manager of the Daily Times, a newspaper and the official organ of Hall County, Georgia, in which sheriff's advertisements are published, and that the following is a true and correct copy of a notice of intention to apply for local legislation which notice was published in said newspaper in issues dated January 10th, January 17th and January 27, 1961.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for Hall County, as amended, so as to change the days for the regular meetings of said board; and for other purposes. This 3rd day of January, 1961. /s/ W. M. Williams Robert E. Andrews This February 1st, 1961. /s/ L. R. Fockele Sworn to and subscribed before me, this February 1st, 1961. /s/ Wm. R. Gignilliat Notary Public (Seal). Approved March 2, 1961. ROAD TAX IN COUNTIES OF NOT LESS THAN 49,500 AND NOT MORE THAN 50,000 POPULATION. No. 45 (House Bill No. 136). An Act to amend an Act entitled An Act to provide for a county tax for roads in counties having a population of not less than 40,000 nor more than 43,000 according to the 1950 United States census or any future census; to provide the purpose of said tax, approved March 11, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 3277) so as to change the population and census

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figures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for a county tax for roads in counties having a population of not less than 40,000 nor more than 43,000 according to the 1950 United States census or any future census; to provide the purpose of said tax, approved March 11, 1953, (Ga. Laws 1953, Jan.-Feb. Sess., p. 3277) is hereby amended by striking from section 1 of said Act the words and figures a population of not less than 40,000 nor more than 43,000 according to the United States census of 1950 or any future census and substituting in lieu thereof the following words and figures, a population of not less than 49,500 nor more than 50,000 according to the United States census of 1960, or any future census, so that section 1 when so amended shall read as follows: Section 1. The commissioners of roads and revenues or the ordinary, as the case may be, in every county in the state having a population of not less than 49,500 nor more than 50,000 according to the United States census of 1960, or any future census, may levy a tax additional to any other authorized by law of not more than eight-tenths (8/10) of one per centum (1%) on all of the taxable property in the county, and the funds so raised by said taxation, together with the commutation provided by law, shall be used and expended for the purpose of paying salaries and wages, for building, working, improving, and repairing the public roads, and for the purchase and upkeep of road machinery. 1953 Act amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1961.

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CITY OF ALPHARETTANEW CHARTER. No. 50 (House Bill No. 33). An Act to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Alpharetta, in the County of Fulton, and State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to change the name from the Town of Alpharetta to the City of Alpharetta; to provide a municipal government therefor; to define the territorial limits of said city; to provide for a mayor and council and to define their powers and duties; to provide the punishment of violators of the ordinances, rules and regulations of said municipality; to define the special powers and duties of the mayor; to provide for elections of mayor and council members and define their qualifications, terms of office, their meetings and methods of appointing and electing officers and employees of said city, the method and manner of filling vacancies; to provide for election managers, their oaths and duties, their compensation; to provide for registration of voters and preparation of lists of voters; to define method of holding elections, for declaring the results thereof; to provide the selection of a mayor pro tem., to define his qualifications, duty and term of office; to provide for registrars, to define their duties, compensation and term of office; to provide for appeals from decisions of registrars, recorder's court, City Council, arbitrators and other appeals; to provide for the appointment or election of a clerk, marshal, chief of police, treasurer, health officer, city attorney, recorder, and other officers and employees, to define their duties and powers; to provide for salary and compensation of officers and employees of Alpharetta, to provide for the reading and consideration of orders, ordinances, rules and regulations how they may be adopted, be approved, be vetoed, and how the same may become valid; to grant and provide for eminent domain and define how and when exercised; to provide for bonds of offenders; to provide for return of property for tax purposes, to

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establish values, to appoint appraisers, to define their duties and qualifications, to provide for arbitration of property values for tax purposes; to provide for raising revenue by taxes, licenses and otherwise; to provide for the collection of the same by execution and otherwise; to provide for street and lane paving, to assess costs thereof and the collection of the same; to provide for the issuance of bonds, revenue certificates and similar forms of indebtedness, their sale and lien; to provide for sewer and water connection, the installation of sanitary equipment and fixtures, to provide penalties for refusal or noncompliance; to provide for extension of water and sewer mains and system; to provide for dog tax and treatment, prescribing the penalties therein; to provide for general police protection and sanitary and health measures and requirements; to provide for a street tax; to provide for zoning regulations and ordinances; to provide for a jail, guard house and other places of detention; to appoint a recorder and to define his duty and term of office; to provide for and define a recorder's court, to specify its jurisdiction and powers and appeal therefrom; to provide for fire zone or fire limits; to provide for subdivisions of land; to provide for assistance for arresting officers; to provide for building permits; to provide for traffic regulations as well as speed, parking and travel; to provide for franchises; to provide for sales by officers and passage of title and possession; to define and provide punishment for vagrancy; to provide for a cemetery; to provide for abatement of nuisances, the use of firearms and fireworks; to provide fees and costs of officers and collection thereof; to provide for ownership, rental, use, distribution of public service and utilities; to provide when and how claims or demands are filed; to provide for supervision of Sabbath Day activities; to provide for supervision of sale, storage and dispensing of malt or alcoholic drinks or beverages; to provide for punishment for violation of any orders, ordinances, rules, regulations of Alpharetta; to provide for severance of enactment of charter, to define, prescribe, and enumerate the rights, powers, authority and governmental jurisdiction of the City

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of Alpharetta, its mayor, council and other officers and employees as well as to provide powers, rights and authority to enforce and carry out the rights and privileges granted; to repeal conflicting laws and ordinances; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the Town of Alpharetta, Fulton County, Georgia, hereinafter described, be, and they are hereby continued incorporated under the name and style of the City of Alpharetta and by that name shall be and are hereby invested with all the rights, powers, and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in any way appertaining to the said City of Alpharetta as heretofore incorporated, with power to govern themselves by such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as may be promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States. That said City of Alpharetta, 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 belonging to municipal corporations generally under the law as well as those hereinafter enumerated. Incorporated. (a) Be it further enacted that said City of Alpharetta as created by this Act is hereby made responsible as a corporate body for all the legal debts, liability and undertakings, and shall succeed to all the rights of said City of Alpharetta as heretofore incorporated, and all

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existing valid ordinances, rules, bylaws, resolutions, rules and regulations of the city as hereinbefore incorporated which are not inconsistent with or repugnant to this Act remain unaffected hereby and are hereby continued and confirmed, however, the city council may repeal, alter or amend any of such ordinances, rules, resolutions or regulations as provided for herein. (b) That said corporate body under the name and style of City of Alpharetta 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 by 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 Alpharetta 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, water works 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 this city. Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the City of Alpharetta are defined to be: That the corporate limits of the town of Alpharetta shall be bounded by the circumference of a circle, the center of which shall be the center of where the courthouse of old Milton County once stood, and from this center the corporate limits shall extend three-fourths of one mile in all directions and all the territory embraced in said circle shall be within the corporate limits of said town. And in addition to said circle the following described

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lands shall be declared within the corporate limits of said town as follows: All that tract or parcel of land lying and being in the 1st district and 2nd section of formerly Milton, now Fulton County, Georgia and being a part of land lot No. 696, and all of land lots Nos. 697, 698 and 699 and more particularly described as follows: Beginning at the northeast corner of land lot No. 697 and running thence south along the original land lot line 4045 feet to the southeast corner of land lot No. 699, thence west along land lot line 1314 feet to the southwest corner of said land lot No. 699, thence north along land lot line 4215 feet to the above described circle, thence in a southeasterly direction along said circle to point of beginning. Corporate limits. Section 3. There is hereby established in said municipality a recorder's court, having jurisdiction to try offenses punishable by ordinances of the mayor and council. In addition said court shall sit as a commiting court, having such power and authority with respect to crimes punishable under statutes of this State as are now vested in justices of peace. The mayor and council shall select the first incumbent who shall serve until his successor be elected by the people, as hereinafter provided, or until his successor is elected and qualified. A successor to said incumbent shall be elected by the people, in the manner and at the same time herein provided for the mayor, on the first Monday in January, 1963, and his term of office is fixed at two years. He shall take office along with the mayor, and at the same time. Recorder's Court. Section 4. Be it further enacted by the authority aforesaid that the government, supervision, powers, and control of said City of Alpharetta shall be vested in a mayor and four council members to be known as City Countil. That the mayor and council members shall be elected from the city at large in the manner hereinafter provided. The term of the mayor shall be for two years and the term of each council member shall be for two years. City Council. (b) Be it further enacted by the authority aforesaid

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that the mayor and council members shall constitute the City Council of said city and as such shall have full power and authority from time to time to make laws, rules, bylaws, ordinances, regulations and orders as to them may seem right and proper relating to drainage, ditches, bridges, streets, street railways, automobiles, bicycles, trucks, delivery wagons, sales, stables, warehouses, storehouses, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, picture shows, and all other kinds of shows and circuses, dance halls, skating rinks, bowling alleys, billiard rooms and all other places of amusement, garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas companies, water and light and electrical companies, booths, stands, tents, stores, business houses, filling stations, common carriers, all sales and displays in said city, for the preserving of the peace, good order and dignity of said government. The enumeration of powers shall not be considered restricted to said powers alone, but shall include all and every other thing incident to municipal government by this Act or Acts heretofore passed, but shall be construed an addition to and in aid of such other powers that are not referred to in this Act. (c) That said City Council shall have the authority and power to negotiate for loans, to borrow money on behalf of the City of Alpharetta, to pledge the property and assets of said city as security, and to execute such and all instruments they deem necessary for any loan made to said city. (d) That the mayor and two council members shall constitute a quorum for the transaction of any business before the City Council at its regular meeting, and the mayor and two council members shall constitute a quorum for the transaction of any business at a called meeting, and that a majority of the votes of those present shall determine all questions coming before Council. (e) That said Council shall hold regular meetings at least once a month at stated times and places in said city.

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(f) That said City Council may hold such special meetings to be called by the mayor, or in his absence by the mayor pro tem., or if two or more council members request the mayor in writing that such a special meeting be called, it shall be mandatory upon the mayor, or mayor pro tem. in the absence of the mayor, to comply with such request. Notice of all special meetings of City Council shall be given each council member when said officer is in said city and can be located. (g) That at any meeting any council member shall have the right to call for an aye and nay vote upon any question requiring action by council and such aye and nay vote will be taken if two council members vote for same and the vote will be shown on the minutes of City Council. (h) That all meetings of City Council shall be public and the public shall be allowed at all times to witness and hear the deliberations of City Council, except when City Council resolves itself by a majority vote into executive session then the public shall be excluded. Section 5. Be it further enacted by the authority aforesaid that general elections of said city shall be held biannually on the first Monday in January, the next general election shall be held in 1963, and at such general election city officials as are elected by the voters of said city at such elections will be elected to fill the vacancies in terms of office which expire on January 31biannually of the year of the general election. Elections. Section 6. Be it further enacted by the authority aforesaid that the City Council shall have the power and authority to call a special election for the purpose of filling any vacancy caused for any reason in any office for which the holder thereof is elected by the voters of said city. Said special election should be held as soon as practicable, and not less than ten days from the date of the vacancy, notice of the time of the special election shall be published once in a local newspaper, and said special

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election to be held under the same rules and regulations as general elections. Special elections. Section 7. Be it further enacted by the authority aforesaid that all elections general and special or upon any question to be submitted to the voters of said city shall be held by at least three persons, citizens and electors of the City of Alpharetta, who are qualified to hold and superintend city elections, the said election shall be held at the city hall and at such other polling places as may be designated by City Council, the polls shall open at seven o'clock a.m. and close at seven o'clock p.m. Eastern Standard Time, and no count of votes shall begin until after the polls are closed. The election holders or managers shall be appointed by City Council and shall take the following oath: Elections. We and each of us do solemnly swear that we will faithfully and impartially conduct this election, prevent all illegal voting, tally and declare the results of said election to the best of our skill, power and ability, so help us God. (b) The election holders or managers shall elect one of their number as chairman, and upon all questions coming before them a majority vote will determine the issue. (c) The said election managers shall determine who are voters from the voters' list prepared by the registrars of the City of Alpharetta and shall keep an accurate record and tally of all votes cast in any election. After all votes are counted the election managers shall declare and publish the number of votes received by each person at said election and declare the results of said election. Appeal may be made from any official act of said election managers or to any election contest to City Council and if appellant is dissatisfied with the decision of City Council, he shall have the right to certiorari to the Fulton Superior Court. (d) All tally sheets the voters' lists and other records together with the ballots shall be given to the clerk of said City for Council to dispose of as City Council deem proper.

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(e) That all ballots shall be printed or written, and all protection to be afforded the elector so that he may cast a secret ballot. (f) The candidate who receives the greatest number of votes shall be declared elected and it shall be the duty of said election managers to deliver a certificate of election to each candidate so elected. (g) That City Council shall have the power and authority to adopt and pass any rules and regulations for the holding of city elections not inconsistent with this charter, the laws of Georgia or of the United States. The details may be delegated to the election managers. Section 8. Be it further enacted by the authority aforesaid that the power and authority to supervise, regulate, control, conduct and generally to oversee all elections are hereby granted the City Council. They may, by ordinance or otherwise regulate and provide means and methods for said elections to be held. They may designate when, how, and under what conditions candidates for any city office may qualify, when the qualification will open and close and the fee connected therewith. Any person dissatisfied with the final decision of City Council with reference to any election may certiorari to Fulton Superior Court. Same. Section 9. Be it further enacted by the authority aforesaid that the City of Alpharetta shall provide and keep a book to be called the permanent registration book upon which all persons desiring to qualify as electors in and for said City of Alpharetta shall be required to qualify by registering therein, providing however, that should the said city now have such a book, that the same shall continue in force, and in the event a citizen has registered, it will not be necessary for the citizen to register again in order to become an elector and participate in the elections of the City of Alpharetta unless such elector has been removed from the voters' list. It shall not be required of any citizen to register but once in said registration book except as provided above, and the list of voters

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for all elections shall be prepared from said permanent registration book which list shall have thereon all the eligible electors for the City of Alpharetta. Electors. (a) That the City Council shall appoint three citizens of Alpharetta as registrars whose term of office shall end December 31 of each year and until their successors are appointed and qualified. Their duties shall be to prepare a list of all citizens who are eligible to vote in any election held by said city. The registrars shall elect a chairman from the board of registrars and shall revise and prepare a list of qualified voters before any election held in said city. (b) The registration of citizens as herein provided shall be made at least ten days before any election and to be eligible to be an elector, the citizen must be registered in the registration book as provided for herein at least ten days prior of any election to be held by said city. (c) The registrars shall upon the close of registration as stated above immediately begin upon their duties and prepare said voters' list or list of qualified electors. They shall remove from said list the names of any person or persons who: 1. Have died. 2. Have moved without the city limits. 3. Are otherwise disqualified to vote. (d) That when a name is removed from the list of voters or electors, and the person shall be in life, notice should be given to the person whose name was removed stating the reason therefor, and giving the time and place where said registrars will hear any objections of such removals of names. Said hearing to be held not less than three days from date of service of notice and service may be made by personal service if the person lives within the limits of Alpharetta, and by mail if the person resides without the city limits, or cannot be found if living within

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said limits. If any person is dissatisfied with the decision of said registrars at said hearing, he may appeal to City Council, then if he is dissatisfied with the decision of City Council he may certiorari to the Superior Court of Fulton County, Georgia. (e) The said registrars shall file the completed list of voters or electors in duplicate with the Clerk of said city at least four days before any election and the said clerk shall deliver the original of said list to the election manager before or the day of election. (f) That said registrars shall take the general oath required of the Mayor before performing any of their duties. (g) That City Council shall have authority and power to make all necessary ordinances, rules and regulations regarding registration of voters, preparing voters' lists, holding elections, publishing returns, issuing certificates of election and all other matters pertaining to the same. Section 10. Be it further enacted that the mayor of said city shall be the chief executive officer of the City of Alpharetta. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed and enforced, and that all officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city. He shall preside, if present, at all meetings of the City Council, and shall vote only in case of a tie vote of council, and as specified hereinafter. He shall have the right to veto any ordinance, resolution, rule or regulation passed or adopted by council, if in his judgment such ordinance, rule, resolution, or regulations is not to the best interest of said city. In the event of a veto, then such ordinance, resolution, or regulation shall not be valid unless passed at a subsequent meeting of City Council by the affirmative concurring vote of two-thirds of the council members present. The ayes and nays to be taken. In the event the mayor does not approve or veto any ordinance, resolution, rule or regulation within five days

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after its passage and adoption by City Council then the ordinance, resolution, rule or regulation becomes in full force and effect in the same manner as if the same was approved by the mayor. Mayor. (b) Be it further enacted that the mayor and each member of council before entering upon the duties of his office shall take and subscribe to the following general oath: I do solemnly swear (or affirm) that I will well and truly perform the duties of Mayor or Council member of the City of Alpharetta to the best of my skill and ability and as to me shall be to the best interest and welfare of said city, without fear, favor, or affection, so help me God. Oaths. The foregoing oath shall be deemed sufficient and adequate for any city official. (c) That the mayor of said city shall preside over all meetings of City Council, and he shall have authority to convene the council in e[UNK]xtra or special session whenever he deems it proper to do so. The mayor shall not have the right to vote upon any question before said City Council, except in the election of officers and employees of the city or in cases of a tie vote of council. Section 11. Be it further enacted that the City Council at their first regular meeting in each calendar year, or as soon as convenient thereafter, shall elect a council member as mayor pro tem., whose duties shall be to perform all the duties of mayor in case of death, absence, resignation, disqualification or disability of the regularly elected and qualified mayor as provided for herein. That in case of vacancy in the office of the mayor, the mayor pro tem. shall perform all the duties pertaining to the office of mayor until the next regular election, at which time a mayor shall be elected for the unexpired term, if any. The mayor pro tem. when so acting shall be known as Acting Mayor. Mayor pro tem.

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Section 12. Be it further enacted by the authority aforesaid that any citizen of Alpharetta shall be eligible for the office of mayor, or council member who has resided in said State for two years and in said city six months immediately preceding the election. He or she must be over twenty-one years of age and must reside within the corporate limits of said city when he becomes a candidate for office, and remain a citizen during his term of office. Qualifications for mayor or council. Section 13. Be it further enacted by the authority aforesaid that all ordinances, orders and resolutions shall be read twice at different sessions of City Council on separate days and a vote on said ordinance, order, or resolution cannot be taken until after the second reading and if passed, the same shall become effective as soon as approved by the mayor or should the mayor veto the ordinance, order or resolution, then the same will have to be further considered as provided for herein. Should the mayor allow more than five days to lapse after the passage of an ordinance, order or resolution without taking any action thereon then the same becomes operative as if approved by the mayor. (b) All ordinances, orders, resolutions and regulations when the same shall have become effective shall be kept in appropriate books and records by the clerk of said city open for reasonable inspection during office hours. Ordinances. (c) That the City Council shall have the authority to have prepared and published in a book form or pamphlet form a code of laws, bylaws, ordinances, rules and regulations of said city to be known as Code of the City of Alpharetta, the same to become effective and of force as soon as adopted and approved the same as provided for ordinances herein, which code may be amended and revised from time to time by the City Council the same as ordinances and any section or part thereof under a certificate of the clerk of said city verifying the same to be the Code of the City of Alpharetta, or any section or part thereof shall be admitted to record in any court of this State.

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Section 14. Be it further enacted by the authority aforesaid that the City of Alpharetta is hereby granted the power and privilege of eminent domain, and the City Council is authorized and empowered to condemn lands within or without its corporate limits for any municipal uses or purposes which includes the erection of public buildings for said city, for public parks, play grounds, water supply, sewers, forms for handling and disposing of sewerage, or garbage, or trash, and for any other public purposes and improvements. Eminent domain. (b) The said city is authorized and empowered to take and condemn personal property in the same manner as above when needed for public purposes of the city. (c) Be it further enacted by the authority aforesaid that the City Council shall have the power and authority to widen, extend, improve or straighten any street, alley, lane or square in said city and to open, lay out, and establish any new street, alley, lane, walk or square, any building or bridge, or whatsoever nature. The power and authority of eminent domain is granted to said city for these purposes and should eminent domain be exercised by the laws of Georgia in force at the time eminent domain is exercised by the city shall govern the procedure. Section 15. Be it further enacted by the authority aforesaid that there shall be a clerk of council, elected by the City Council, whose duty it shall be to attend each meeting of the City Council, to keep accurate minutes of each meeting, to record in the minutes all acts and doings of council, except when they may be in executive session, to keep and record all ordinances, laws and resolutions passed or enacted by the City Council in appropriate books. He or she shall be ex officio clerk of the recorder's court of said city and keep records of said court. He shall issue all licenses, permits and receipts in the name of said city, to collect therefor and account for all funds so collected. He or she shall issue summons and writs when directed by the mayor, any council member, city marshal, city police or city attorney, and to perform such

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other duties as he may be directed to do by the mayor or City Council whether by rule, resolution or otherwise. Clerk. (b) There shall be a treasurer for the City of Alpharetta, the clerk of council may also be treasurer, whose duty it shall be to receive and safely keep all moneys belonging to said city. He or she shall keep accurate records of all his official transactions, and keep separate accounts of all moneys received from taxes and licenses levied for specific purposes. He or she shall pay out money only when he is officially requested so to do. Said treasurer shall be and is hereby made tax receiver and tax collector for said City of Alpharetta and he shall perform all the duties of tax receiver and collector, including the issuance of tax fi. fas. and executions. He shall make general and specific reports when called upon by the City Council and his books shall be kept open for reasonable inspection during office hours. Treasurer. (c) There shall be a city marshal for the City of Alpharetta, elected by the City Council, and he shall make levies for taxes and other executions issued by said city, he may serve warrants, processes, and other writs, make arrests, advertise sales, make sales, impound stock, execute deeds, bills of sale and other instruments, he shall have charge of the prisoners whether confined in jail or sentenced or assigned to the public works gang and in fact perform all and every duty of this office and any other office or duty imposed upon him by City Council. Marshal. (d) That the City Council is further authorized and empowered to elect a chief of police, policemen, health officer, building inspector, chief of fire department, city physician, city attorney, city engineer, water works superintendent, cemetery keeper, and such other officers and employees as said City Council may deem necessary for the City of Alpharetta. Other officers. (e) Be it further enacted, that the City Council may create or abolish, at their discretion, such offices as they may deem necessary and elect officers to fill them, and may prescribe the duties and pay of such officers under

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such regulations as they may ordain, and such offices may be abolished or the officers be removed therefrom whenever the City Council may deem such to be the best interest of the city. Each person elected or appointed by the City Council takes and accepts the appointment and employment subject to being removed and dismissed at any time by the mayor or City Council. Appeal may be made to the City Council if the person so dismissed or removed desired, and in the event his appeal is sustained by an affirmative vote of four members of Council, he will be restored to his former office or employment without loss of salary; but should his appeal receive less than four affirmative votes of the council, then his salary will cease effective at the time of his removal or dismissal by the mayor or council and he has no further recourse from the appeal except by certiorari to the Superior Court in and for Fulton County, Georgia. Same. (f) Be it further enacted by the authority aforesaid that City Council is authorized and empowered to fix and determine the compensation and salary to be received by each employee, either elective or appointive, of said City of Alpharetta, including the mayor and council members. They may determine how, and when this compensation and salary to be paid and in such amounts as they deem proper. The salary and compensation shall be fixed and determined at the first regular meeting of council of each calendar year, or as soon thereafter as convenient, and when once fixed and determined, the same amount will be paid under the same terms until changed by the City Council. Salaries. (g) That any official of the City of Alpharetta may be indicted and punished for gross neglect of his official duty. He shall also be removed from office by the City Council for gross neglect of official duty, and shall have the right to certiorari to Fulton Superior Court if dissatisfied with the decision of City Council. Neglect of duties. (h) That the City Council may audit or have an audit made of all or any part of the city records and books at

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such times as they deem necessary. They can adopt the auditor's report and findings as they see fit. Audits. Section 16. Be it further enacted by the authority aforesaid that the City Council is hereby granted power and authority to authorize any arresting officer of said city to take and accept bond for the appearance at police court of any person arrested, giving receipt for any cash received as bond. That should a cash bond be posted no further security may be required, but if any other kind of bond is given, except a cash bond, then a citizen of the City of Alpharetta owning property of a net unincumbered value in excess of the homestead exemption and double the amount of the bond will be required as security on said bond. The arresting officer will pass upon the security. Police, bonds, etc. (b) In the event the principal appears in recorder's court at the time specified in said bond, the cash will be returned to him if a cash bond was given, and if a security bond was given, the surety or person acting as security will be relieved of further liability. (c) Should the principal fail to appear and a cash bond was given, then the cash bond may be forfeited by the presiding officer and the funds will be placed in the general funds for use by the city. Should a bond with some person as security be given, and the principal fail to appear, then the presiding officer may issue a rule nisi issue returnable to the next regular term of recorder's court against the principal and his surety, which shall be served by the city marshal or any policeman upon the principal and surety if either can be found at least five days before the returnable terms. Service may be personal or by leaving a copy thereof at the residence of defendant and/or surety. If at such return term of recorder's court no sufficient cause is shown to the contrary judgment shall be rendered by the presiding officer against such principal and surety or such of them which have been served. Execution or fi. fa. may issue to enforce the collection of the said judgment and when collected the funds are to be placed in the general funds of said city for its use.

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(d) Should the principal, who is the defendant, fail to appear at the recorder's court as specified in said bond, the presiding officer of such court may issue a warrant for the arrest of said defendant. The warrant may be served by an arresting officer of this State and the defendant may be arrested at any place within the State of Georgia, detained and returned to the City of Alpharetta for trial. Section 17. Be it further enacted by the authority aforesaid that City Council is authorized and empowered to prescribe by ordinance or otherwise when and how property shall be returned for taxes, the forms to be used, the information to be given, and such other requisites they deem necessary. The City Council or the city tax assessors are authorized and granted the power to make returns for any person, firm or corporation failing to make a tax return, and City Council may prescribe a penalty for the failure of not making a tax return not to exceed an amount equal to the amount of taxes to be paid by the person, firm or corporation failing to make such return. Taxes. Section 18. Be it further enacted by the authority aforesaid that City Council is granted the power and authority to prescribe by ordinance or otherwise and levy a license fee or tax on each person, firm or corporation carrying on a business or profession within the corporate limits of the City of Alpharetta, and to require each itinerate or irregular, or occasional dealer, merchant, trader, salesman, collector, or otherwise doing or carrying on a business of any nature within the corporate limits of the City of Alpharetta to make application for a license or permit and to pay a tax or license fee to the City of Alpharetta. City Council is granted the power and authority to assess such tax or license fees as referred to in this section, also to collect such tax or license fee, and to prescribe penalties for the violation of any ordinance, governing or regulating the same. Nothing in this section regarding the payment of a license fee or tax shall apply to that person, firm or corporation which may be exempt from the payment of the same by the laws of this State or of the

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United States, but City Council is granted the power and authority to require such person, firm or corporation which may be exempt from license fee or tax to apply for and receive a permit to carry on their business or profession within the corporate limits of the City of Alpharetta. Licenses. Section 19. Be it further enacted by the authority aforesaid that the said City Council shall have the right and power to raise necessary revenue to properly carry on the government of the said city, to build and repair sewers, water lines, procure water supplies, to make, open, grade, pave, repair and keep in order the lanes, streets, sidewalks, bridges, and drains of said city, to light the same, to properly police the same, to pay salaries, costs and expenses of city officers and employees, to establish and maintain a fire department, to erect and maintain suitable buildings and offices and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payment of debts of the city, for educational purposes, for cemetery purposes, for the care of the poor and sick, for establishing and maintaining necessary parks, play grounds, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for such other purposes as authorized by this charter that will tend in the discretion of City Council to add to the comfort, safety convenience, benefit, health, advantage of said city and the citizens thereof, and for the improvement of said city as may in their best judgment be necessary and for other purposes, in order to properly carry on the city government as herein indicated and not specifically forbidden by law, to levy and collect a street tax or capitation tax on all inhabitants, male or female, of the said city, as council may determine, subject under the law to pay such tax. Also to tax not exceeding three ($3.00) dollars on each one hundred ($100.00) dollars worth of property within the corporate limits of said city; also to impose and collect such tax or license fee as the City Council may deem necessary and proper upon all

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trades, business callings, professions, sales, labor and pursuits, except such as are exempt from municipal tax or license under the laws of this State or the United States, and may enforce the payment of the same by license or direct tax in such manner and by such methods as City Council may deem to the best interest of said city; but all taxation on property shall be uniform on the same class of subjects and ad valorem on all subjects to be fixed in said city. Streets, etc. Section 20. Be it further enacted that every person, firm, or corporation owning property, real or personal, or otherwise, subject to taxation by the City of Alpharetta, shall make a return of such property for taxation to the clerk of said city, he being the clerk of council, or before the first day of April of each year. In the event such return is not made on or before April 1 of each year, then the tax assessors or City Council shall make the return, and penalties as may be provided for by the City Council shall be added to and considered as a portion of the taxes on the property so returned. Tax returns. Section 21. The mayor and council members of said City of Alpharetta shall have authority and power to provide by ordinance or otherwise when tax returns shall be made, to provide means and methods as well as forms for the returning of property for taxation, and to provide penalties for failure to make returns as required. The City Council shall have authority and power to provide when taxes shall become due; when taxes shall become delinquent and past due, and to fix a penalty for the nonpayment of taxes or any part thereof, to offer a discount for payment of taxes within specified period; also to order and issue tax executions against all persons, firms or corporations who do not pay their taxes when due. When such execution is issued by the City of Alpharetta, the same shall be a lien against all the property owned by the taxpayer who is the defendant in fi. fa. and may be levied by the city marshal or any other authorized by the laws of this State to make levy and sale. The city marshall is authorized and empowered to levy upon any property of

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the delinquent tax payer and advertise and sell the property so levied upon in the same procedure as sheriffs of this State. Same. Section 22. Be it further enacted by the authority aforesaid that it shall be the duty of City Council each year before taxes and tax valuations are assessed and passed upon, to determine whether a board of tax assessors shall be appointed or whether the members of City Council will act as tax assessors for the City of Alpharetta. This action of City Council should be reflected in the minutes of City Council meeting. Tax assessments. Section 23. In the event City Council decides to appoint a board of tax assessors for the City of Alpharetta, it shall make such appointments on or before the regular April meeting of City Council, and each person appointed shall hold office for a term of one year, and until his successor is appointed and qualified. Each member of the board of tax assessors for the City of Alpharetta shall have been a citizen of Alpharetta for not less than two years prior to his appointment, shall be a freeholder and taxpayer of said city, shall not be less than twenty-five years of age at the time of his appointment, shall not be an elective officer of either the city, county, or state during his term of office as tax assessor. Each tax assessor shall prescribe to the following oath before entering upon the discharge of his duties: Tax assessor. I do solemnly swear that I will faithfully and impartially perform the duties of tax assessor for the City of Alpharetta without favor to anyone, and will make a just and fair valuation of all property therein subject to taxation in accordance with the law and with the ordinances of said city, and that I will make a just and earnest effort to apply the same rules as to value to all taxpayers and to equalize the values placed upon the properties of the several taxpayers, so help me God. Oath. Section 24. The board of tax assessors shall consist of three members, they shall be appointed by City Council as provided for herein, they may elect one of their members

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as chairman, and use the services of the clerk of City Council if they deem necessary. Any vacancy in said board may be filled by City Council for the unexpired term. A majority of the board is a quorum and two affirmative votes are necessary to carry a motion or to take affirmative action. Tax assessors. Section 25. It shall be the duty of the board of tax assessors for the City of Alpharetta to carefully examine all returns of both real and personal property of each taxpayer in the City of Alpharetta, and if in the opinion of the board any taxpayer has omitted from his return any property which should be returned, or has failed to return any of his property according to law, and according to the rules adopted by the board for ascertaining the fair market value thereof for taxing purposes, the said board shall correct such returns and shall assess and fix what they deem to be the fair market value that ought to be placed on said property, and shall make a note thereof and attach the same to such returns. Before finally fixing the value of any such property it shall be the duty of such member of the board to familiarize himself with the properties included in such return, and if necessary in order to familiarize himself with such property within the limits of said city to view the property themselves. It shall be the duty of said board to see that all taxable property within the limits of said city is assessed and returned at its fair market value according to law, and that the valuations placed on said properties as between individual taxpayers are fairly and justly equalized, so that each taxpayer shall be called upon to pay as near as may be, only his proportionate share of the taxes. The said board shall pass upon all returns submitted in said City of Alpharetta within ninety (90) days from the time each of said returns has been submitted, and unless this be done, the return as made by the taxpayer shall stand approved as proper return of said taxpayer for that year. Duties. Section 26. It shall be the duty of said tax assessors where any property has not been returned by the owner for taxes as required by the ordinances in force and charter

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of said city to make out a return for each defaulting owner of all property owned by him at its just and fair valuation, adding thereto such penalty as may be fixed by City Council for failure to make returns of property for taxation. The same notice shall be given to the owner of such property, or his agent, and the same rights as to hearings and arbitration accorded each owner as provided in this Act in cases where the board of assessors changes a return submitted by a taxpayer. Same. Section 27. In all cases where a change is made by the board of tax assessors in the return of the taxpayer, the board shall notify the taxpayer in writing of the change made in the tax return, setting forth in the notice the items changed or added, and the valuation placed thereon by the board, and advising the taxpayer of the time, place and hour when a hearing will be accorded by the board. This notice shall be served upon the taxpayer at least five days prior to the date set for a hearing. In cases of nonresidents, notice shall be served by mailing same to his last known address ten days prior to the date set for said hearing. The posting of such letter properly stamped in the post office at Alpharetta shall be sufficient service. Notices to residents of the City of Alpharetta shall be personal, providing the person is within the city limits, and if he cannot be found, then service shall be made as provided for nonresidents. On the date and at the time set by said notice, unless said hearing is continued by the board, and notice is likewise served in writing as provided for herein, the said board shall meet and hear any complaint from the taxpayer as to the changes made. The valuations placed upon all items of property in said return by the taxpayer which are not increased or changed by the said board in their first instance shall be considered as approved by the said board as correct, and said valuations shall after approval by the board be final fixed by such approval as the true and correct valuation of all such items for the year for which the return was made. Only the items which have changed or added may be considered at said hearing. If upon the hearing accorded to the taxpayer as to those items which are

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changed or added by the board, and the consideration of the matter the board does not assess a valuation upon the items changed which is satisfactory to the taxpayer, the latter shall have the right to file with the City Council of Alpharetta a written request that the valuation placed upon the items changed or added by the board of tax assessors from the original return thereof be reviewed by the City Council and a true and correct valuation fixed by the City Council. Such written notice shall be filed with the clerk of the City of Alpharetta within five days from the decision of the board of tax assessors on the hearing of the taxpayer. The said notice shall set forth the items of which the taxpayers is dissatisfied and for which the City Council to review. The City of Alpharetta likewise has the privilege of appealing from said board of tax assessors' decision to the City Council by giving five days' written notice to the taxpayer setting forth the items upon which the appeal is made. The City Council shall at its next regular or called meeting after said notice is duly filed providing said meeting is more than five days from the time the notice was filed, hear and consider the complaint made and raised by said notice. The taxpayer shall be notified of the time and place of Council meeting. The City Council shall have full and complete power to investigate the valuations placed on the items objected to as stated by said notice, and may make this investigation by any means City Council desires to effect and ascertain the true market value of the items specified in such notice or appeal may be considered by the City Council, and the balance of the return will be considered as correct and conclusive. The City Council shall notify the taxpayer of its decision and such notice shall be in writing. Same. Section 28. In all cases where the taxpayer is dissatisfied with the valuation placed upon the item or items of property upon which a hearing before council was held on as set forth herein, the right to finally determine the fair market value of such property by arbitration shall be granted. Any taxpayer desiring arbitration in said matter shall within five days from the time of the decision is

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made and notice is served upon him by City Council file with the clerk of the City of Alpharetta a written notice setting forth his dissatisfaction with the valuations placed on the property, naming the items upon which arbitration is desired, and shall at the same time name a resident and freeholder of the City of Alpharetta as an arbitrator. As early as possible, and not later than the next regular meeting of City Council, the City of Alpharetta shall name a resident and freeholder of the City of Alpharetta as an arbitrator. The two arbitrators so named shall select a third resident and freeholder of the City of Alpharetta, and the three arbitrators thus selected shall meet within twenty (20) days and fix the valuation of those items of property upon which the taxpayer has demanded arbitration. The decision of the majority of the arbitrators shall be binding and the decision shall be final and without appeal. Appeals. Section 29. Before entering upon their duties as arbitrators, each shall take an oath that they will faithfully and impartially make a true and just assessment of the tax returns and property in question and will determine the matters submitted to them according to law and the justice and equity of the case. Notice shall be furnished to both the taxpayer and the City of Alpharetta of the time, place and hour of the hearing to afford all concerned an opportunity to make his or its appearance to be heard. The compensation of said arbitrators shall be the sum of three dollars each, which shall be borne equally by the taxpayer and the city. Arbitrators. Section 30. In the event that the City Council of Alpharetta shall in any year act as tax assessors and do not appoint a board of tax assessors, the same rules and regulations shall apply to the City Council as applies to board of tax assessors. All rights and privileges granted to the taxpayer as to a hearing before the City Council, and thereafter to arbitration, shall apply and be in force when the City Council themselves are the board of tax assessors, and notices and service shall be given and made the same as if a board of three tax assessors had acted as provided for herein. Appeals when no board of tax assessors.

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Section 31. The board of tax assessors shall not pass upon the valuation of property owned by any member of the board, but the City Council shall pass upon these returns and the same privileges are granted to members of the board of tax assessors to make appeal and to arbitration as provided for herein. No rights shall be withheld from the member of the board of tax assessors for each appeal or arbitration. Property of tax assessors. Section 32. If any rule is adopted by any board of tax assessors or by council acting as tax assessors as to the method of reaching valuations of the property in the City of Alpharetta, the same shall be applied to all the taxpayers of the city, and shall be taken into consideration by the arbitrators. It shall be the duty of the arbitrators to make investigation into any rules or regulations made and adopted by the board of assessors of the City Council in determining the values of property and apply these rules to the property they have under consideration during the arbitration. Rules. Section 33. Be it further enacted by the authority aforesaid that the City of Alpharetta is granted power and authority to issue executions and fi. fas. against any person, firm or corporation for any debt or claim the city may have against said person, firm or corporation, said debt or claim to include taxes, sewer rental, water, lights, paving, license, impounding fees and charges, rents of various kinds, fines and forfeitures, charges for laying sewers and water pipes for cleaning, repairing, removing or installing privies, abating nuisances, and such other claim, demand or debt due the city. Assessments. (b) The said execution of fi. fa. shall issue in the name of said city by the Clerk of Council or other official designated by City Council, and shall be a lien on all the property, both real and personal, owned, or in which an interest is owned by the person, firm or corporation against whom the execution of fi. fa. is issued. The same may be recorded in the records of the Clerk of Fulton Superior Court and shall have the same dignity as an execution or fi. fa. issued from Fulton Superior Court. Fi. fas.

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(c) The City of Alpharetta is granted authority and power to serve said execution of fi. fa., to make levy upon any property of the defendant and to sell the same as now or as may hereafter be provided by law for sheriff's sales, except that the Mayor of said city is authorized to hear and grant orders for sale of personal property so levied upon, and personal property may be sold after advertising the sale for ten days by posting notices at the city hall and two other public places. Perishable property or personal property where there is an expense in the keeping of the same, may be sold after advertising the sale by posting notices at the city hall and two other places for three days. The marshal of said city, unless some other official is designated by City Council, shall make said levies, advertisements, sales, execute the necessary deeds and other instruments and place the purchasers in possession. (d) Any person having an interest in the property levied on as aforesaid may file a plea of illegality, as provided for by law, returnable to Fulton Superior Court. Section 34. Be it further enacted by the authority aforesaid that the City Council of the City of Alpharetta shall have full power and authority to pave, repave, curb, recurb, grade, regrade, repair or improve any or all of the sidewalks of said city and assess any portion of the entire costs of such paving, curbing, recurbing, grading, regrading, repairing, or improving against the abutting property, and the owners thereof, prorated as to each according to lineal feet frontage of abutting property on the improvement, area or value of the abutting property, one or more or all, as may be determined by the said City Council; also to grade, regrade, macadamize, remacadamize, pave, repave, curb, recurb, repair, or otherwise improve for travel and drainage any or all of the streets, alleys or ways of the City of Alpharetta, and assess any portion or the entire cost of such grading, regrading, macadamizing, remacadamizing, paving, repaving, curbing, recurbing, repairing or other improving against the abutting property and the owners thereof, prorated as to

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each according to lineal feet fronting of abutting property on the improvement area or value of the abutting property, one or more or all, as may be determined by said City Council; to grade, regrade, pave, repave, macadamize, remacadamize, curb, recurb, or otherwise improve the width of the tracts and between the tracks and on the sides of any railroad or railroads running through or across the streets, alleys, ways or lanes of said City of Alpharetta, and assess any portion or the entire cost of such improving, grading, regrading, paving, repaving, macadamizing, remacadamizing, curbing or recurbing, against any property in said city or any part thereof of the railroad company or railroad companies whose railroad runs across or through the streets, alleys, ways or lanes of said city, and against said railroad company or companies; to grade; regrade, curb, recurb, pave, repave, macadamize, remacadamize, repair or improve any sidewalks or streets abutting on any property in said city owned by Fulton County and against Fulton County, according to the lineal feet frontage of such abutting property on said improvement, or according to the area or value of such abutting property, one or more or all, as may be determined by said City Council; and also to provide for the enforcement and collection of assessments from such abutting or other property and the owners thereof by execution issued against such property and such owners. Streets etc., costs. Section 35. Be it further enacted by the authority aforesaid that said City of Alpharetta through its City Council shall have all power and authority to adopt by ordinance or otherwise such system of equalizing assessments on real estate made for the purposes and objects hereinbefore stated as may be just and proper, estimating the total cost of each improvement to be made, and prorating the same against abutting and other real estate, or any part thereof, and the owner of such real estate according to the proportion the frontage of such abutting real estate in each case bears to the total cost of such paving, repaving, grading, curbing, or otherwise improving any street, sidewalk, way or alley, or according

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to the area of value of said real estate one or more or all as may be determined by City Council. Same. Section 36. Be it further enacted by the authority aforesaid, that the amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessment, and said City Council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement by execution issued by the clerk of council of said city against the real estate so assessed and the owner thereof, and after advertising and other proceedings as in the case of tax sales under existing laws and ordinances, or such as may hereafter be made applicable to the subject, said property shall be sold in the same manner and shall be subject to all the rights of purchase by said city and redemption by the owners as provided by existing laws. The defendant in any execution shall have the right to file an affidavit of illegality denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received only for the balance. All affidavits shall set out in detail the reason why affidavit claims the amount is not due, and when received by said city shall be returned to the Superior Court of Fulton County, and there tried and the issue determined as in case of illegality and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia. Same. Section 37. Be it further enacted by the authority aforesaid that the City Council shall have the authority to issue liens for any balances due or which may become due for such improvements as specified hereinbefore, and that the liens of said executions shall be co-equal with the lien of executions for taxes, prior to and superior to all other liens against said real estate, and such liens shall continue until said assessments and executions thereon shall be fully paid. Liens.

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Section 38. Be it further enacted by the authority aforesaid that the City Council shall have the power and authority to prescribe by ordinance such rules and regulations as in their discretion may be deemed necessary respecting the grading, paving, repaving, curbing, macadamizing, draining otherwise improving the streets, sidewalks, ways and/or otherwise improving the streets, sidewalks, ways and alleys of said city and the assessment of any or all the costs or expenses thereof against abutting property, and the enforcement by execution of the collection of such assessments. Streets, etc. Section 39. Be it further enacted by the authority aforesaid, that the City Council shall have the authority and power to prescribe by ordinance or otherwise such notice to abutting property owners as may be proper, and for hearing complaints from such property owners, as may be requisite under the law. Notices to property owners. Section 40. Be it further enacted by the authority aforesaid that the City Council shall have the authority in the name of the City of Alpharetta to provide for the issuance of executions for the full assessments against the abutting property, or any part of said property, or other property as hereinbefore provided, and the owners thereof, for the cost of any such street improvement certificates or bonds to cover the estimated cost thereof, which certificates or bonds shall in no event become a liability of the City of Alpharetta, but shall be payable solely from assessments made against real estate under the provisions of the Act, and sell the same at the best price obtainable. Such certificates or bonds shall be negotiable and shall be issued in such denominations and payable at such times and shall bear such rate of interest payable annually or semi-annually, as may be determined by City Council. Said certificates or bonds shall be signed in the name of the City of Alpharetta by the mayor, attested by the clerk of council of said city, and shall have the corporate seal of said city affixed thereto. They shall be payable to bearer at such place as may be designated and shall be based upon the executions

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issued against the abutting property owners for street or sidewalk improvement as hereinbefore provided. They may be turned over and delivered to the contractor to whom the contract has been awarded for such street or sidewalk improvement at such price or consideration as may be agreed upon in the payment of the amount due said contractor on his contract. Such certificates or bonds may be registered with the clerk of council in records to be provided for that purpose, and certificates of registration by the clerk of council shall be entered and endorsed upon each of said certificates or bonds so registered. Executions, bonds, etc. Section 41. Be it further enacted by the authority aforesaid that the City Council shall have power and authority to prescribe the terms of payment, the rate of interest, and the time and place of payment of assessments made for street and sidewalk improvements under this Act, and executions issued thereon to pledge such assessments and executions, or any part thereof, or the monies collected therefrom, or any part thereof, to the payment of the street improvement certificates or bonds issued by virtue of the provisions of this Act, and to use such monies so collected for such purpose and for the payment or other expenses incident to such street improvements. Assessments for improvements. Section 42. Be it further enacted by the authority aforesaid that the provisions of this Act shall likewise apply to any new sewer or water lines or mains the City of Alpharetta through its City Council may deem necessary to construct or rebuild; and the City Council shall have the same power and authority as to such extension or rebuilding of sewer and water lines of said city as vested in them by this Act as to paving, repaving, curbing, and otherwise improving the sidewalks and streets of said city, and all the provisions to this Act shall apply to such additions and improvements to the sewer and water lines of said city to the levying of assessments to cover the costs and expenses thereof and to the issuance of certificates or bonds to raise money for such purposes;

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but certificates and bonds issued for the extension or improvement of sewer or water lines or mains shall be known as sewer improvements certificates or sewer improvement bonds, or water improvement certificates or water improvement bonds, sewer and water certificates or sewer and water bonds, as the case may be. Utilities. Section 43. Be it further enacted by the authority aforesaid that no paving or repaving of any of the streets of the City of Alpharetta or part or parts thereof, or extension or improvements of any of the water or sewer lines and mains of said city shall be undertaken by the City Council except by consent of the property owners owning a majority of the property abutting on the streets to be improved or where sewer or water lines or mains are to be improved or extended, determined according to the method of assessment adopted under this Act as provided for herein, that is, on the basis of lineal feet frontage area or value of abutting property, one or more or all. When said City Council shall determine and decide to submit a street improvement project, such consent may be determined by a failure of such majority of such owners or property, determined as aforesaid, within fifteen days after the publication in any newspaper in the City of Alpharetta of a notice by the clerk of the City Council of Alpharetta than an improvement project is contemplated, naming the street or streets or part of street or streets, to be improved, and specifying the nature of the improvement, to file a protest or objection to such improvement, or it may be determined by filing a petition by a majority of the owners of the property, determined as aforesaid for an improvement project, which petition shall specify the street or streets, or part or parts of street or streets which it is deemed shall be improved, and the nature of the improvement sought. After it is determined by said City Council that a majority of said owners of property, determined as aforesaid, have not filed protest or objection to an improvement project contemplated within the time allowed, or that a majority of the owners of property, determined as aforesaid, have petitioned for such improvement project,

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then the said City Council, before they shall be authorized to proceed further with such improvement project, shall pass an ordinance providing for such project, which ordinance shall be published one time in any newspaper published in said City of Alpharetta, and all property owners to be assessed for the cost of the improvement who do not within fifteen days after the publication of said ordinance commence legal proceedings to prevent the assessment of their property as provided for in this Act shall be conclusively presumed to have accepted the terms of said ordinance and to have agreed that the assessment against their property as provided in this Act shall be made. Consent of property owners. Section 44. Be it further enacted by the authority aforesaid, that the City Council shall have the power and authority to issue bonds of said City of Alpharetta at such times as they see proper, within the limits provided by the Constitution of Georgia, and of such denomination and in such amounts as they see proper; the said bonds shall not bear interest in excess of eight per cent per annum, and not to run for a period of longer than thirty years from date of issue, but may bear a less rate of interest and run for a shorter period of time from the date of their issue in the discretion of the City Council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing and maintaining, equipping, extending, operating and repairing a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lights, either gas or electric or both, a system of public schools, paving or macadamizing streets, or sidewalks, erection of necessary public buildings, and adequate fire department, a hospital and drainage. Bonds will be attested by said city clerk of Alpharetta under the corporate seal of said City of Alpharetta, and shall be negotiated in a manner determined by said City Council to be the best interest of said city, provided however, said bonds shall not be issued for any of the above purposes until the same shall have been submitted to the qualified voters at an election held for that purpose, under and in conformity with the general laws of the

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State governing the issuance of bonds by a municipal corporation. Bonds. (b) The said City Council shall have power and authority to order elections at various times to determine the issuance of bonds in accordance with general elections in said city at such time or times as they deem best for the purpose of issuing bonds for the improvements designated in this Act. And said City Council shall provide how said public debt may be paid and shall constitute a sinking fund for said purpose. Bond elections. Section 45. Be it further enacted, that said city by and through its City Council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State and Acts amendatory thereof. Utilities. Section 46. Be it further enacted by the authority aforesaid that the City Council shall have the power and authority to require and compel all toilets, baths, water closets, urinals, and privies within the corporate limits of the City of Alpharetta to connect with the drain in the sewerage mains and sewer pipes of said city, except where such fixtures or the building in which they are located may be more than five hundred (500) feet from any sewer main of said city. That should the owner of the property upon which is located any toilet, bath, water closet, urinal or privy fail and refuse to make the sewerage connections as referred to herein within thirty days after being requested by said city, then such property owner may be punished as may be provided for by the City Council. The City of Alpharetta may make or

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have made the sewer connections and the costs thereof shall be assessed against the property and owner of such property upon which such fixtures are located and the collection of such assessment may be made by said city in the same manner and method as well as the same defenses by the property owner as are now authorized in the collection of taxes by said city. Sewerage. Section 47. Be it further enacted that the City Council of Alpharetta shall have the power to compel all owners of stores, restaurants, banks, business houses and other buildings used for business purposes within the limits of said city to install therein water closets and toilets sufficient to meet the need of the occupants, tenants, employees and patrons of such stores, restaurants, banks, business houses and other enterprises and connect said water closets and toilets with the sewer mains of said city under the terms of and in accordance with and subject to all laws now in force in said city applicable thereto. In the event of refusal by the property owner within 30 days after requested to so do by the city to install and connect the fixtures referred to herein, the city may make or have made such installation and connection and issue execution against the property owner for the costs and expenses thereof, with the same priority of lien of such execution and with the same right to owner to file affidavit of illegality to such execution as provided for the collection of taxes by said city. Sanitation. Section 48. Be it further enacted by the authority aforesaid that the city shall have the right and privilege of extending the water and sewerage mains and system or either and when extended the above sections shall apply to the area within the corporate limits of said city where such extensions are made. Extension of utilities. Section 49. Be it further enacted by the authority aforesaid that the City Council shall have the power and authority to impose a tax, not exceeding two dollars per capita per annum on dogs owned or kept or found within the corporate limits of the City of Alpharetta, and shall have the power and authority to pass such ordinance as

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they deem necessary to collect such tax, or to otherwise enforce the provisions of this section, and may authorize and direct the Marshal and police officers of Alpharetta to impound or kill any dog or dogs at large within the corporate limits of Alpharetta whose owner has failed or refuses to pay such tax, and also to otherwise provide for punishment of such owner or owners. Dogs. (b) That City Council is granted further power and authority to have all dogs inoculated against rabies or other disease and to destroy those animals which are not so treated. Section 50. Be it further enacted that the City Council shall have full power and authority by ordinance, to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premises where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near said city places for the burial of the dead, and regulate the interment therein, may act as trustees under any conveyance or will giving money or property for charitable purposes; to provide for the drainage of lots in said city by proper drains, sewers or ditches; to make regulations guarding against danger or damage by fire; to exempt the officers and employees of the city from a street tax; to protect the person or property of the citizens of said city; to regulate and control public meetings and public speaking in the streets of Alpharetta, to contribute and support any work for the physical and moral uplift and benefit of the people of this city; to prevent the obstruction of the streets of said city, or gathering of disorderly crowds in said streets; to own, lease and maintain airports and landing fields and anything necessary thereto, and to supervise and control it whether inside or outside of the city limits; and to enforce the provisions of these rights by appropriate ordinances and to do any and all other things incident thereto, not contrary to the Constitution and laws of the State of Georgia. Ordinances.

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Section 51. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the city councilmen of the City of Alpharetta may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and councilmen of said city shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out this section. Zoning. Section 52. Be it further enacted by the authority aforesaid that the City Council shall have authority to establish a city jail and provide regulations for the same in which to confine prisoners for punishment or persons arrested or persons for safekeeping and that said city shall have the right to establish a public works gang for the purpose of working the streets and other municipal work of said city. The presiding officer at the recorder's court is granted authority to sentence any person convicted of the violence of any ordinance or law of said city to a term in jail, a term on the public works gang,

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a fine, any one or all of said penalties. City Council is authorized to establish such rules and regulations it deems necessary for the supervision, conduct and general welfare of said jail and public works camp. Jail. Section 53. Be it further enacted by the authority aforesaid that the recorder's court shall have power and authority to preserve order during its session, to compel the attendance of witnesses, to punish for contempt for not more than 6 days in jail or not to exceed a $50.00 fine or both, to issue warrants for arrest, to act with same powers and authority of an ex officio justice of peace in binding over to a higher court and assessing bond therefor. It is further provided that City Council may have the same rights as recorder's court to punish for contempt when in regular or called sessions. All fines may be collected by execution issued by the clerk of council and levied as other executions. Contempt of Recorder's Court or Council. Section 54. Be it further enacted by the authority aforesaid that the rights of certiorari from the judgment of recorder's court shall be had to the Superior Court of Fulton County and shall be governed and controlled by the laws of Georgia in force at the time the certiorari is made. Certiorari. Section 55. Be it further enacted by the authority aforesaid that the City Council is vested with power and authority to establish fire limits of fire zones in said city, and to prohibit the erection of remodeling of any wooden building or other structures as will, in the opinion of said City Council, increase the fire risks in such part or parts of the City of Alpharetta as they may designate fire limits or fire zone. They may change the fire limits or fire zone as they deem necessary, and exercise and use such supervision and control over the construction of houses and buildings of every nature as well as the materials used therein. The words house and building as used herein mean all parts of the house or building including awnings, sheds, chimneys, flues, plumbing, heating units, as well as wires. Fire limits.

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(b) City Council may specify the kind and type of material to be used in the construction of buildings within the fire zone or fire limits, and the manner in which material may be used in erecting or repairing or remodeling such house or building. Building code. (c) City Council shall have supervision and control of all warehouses, buildings and places where materials or property of an inflammable nature are stored, and may by ordinance provide suitable restrictions, rules and regulations for the operation, storage and conduct around and near such places. Warehouses. (d) That said city shall have power and authority to remove any forge, blacksmith shop, livestock sales stable, barns, or any other building, house, enclosure or structure within the said city limits whenever in their discretion it shall be necessary for protection against fire or health and shall have authority to cause the removal or repair or rebuilding of any chimney, flue, pipe or other things or matter that in council's opinion will endanger the city of any property therein as to fire. Nuisances. (e) That City Council may summarily declare any building structure or house dangerous when the same appears to City Council to be decayed, unsound or unsafe to pedestrians or persons passing, or that the same is endangering the health of said city or any portion of the inhabitants thereof, or in any location therein, or is likely to produce or spread disease or sickness. This may be so declared by City Council instanter and they may summarily condemn it to be torn down or destroyed with or without the contents therein, so as to prevent the introduction of spread of infectious diseases. The officers who perform this duty shall not be liable to answer therefor to anyone in any court, except for gross negligence and extreme want of care coupled with malice, provided that whenever any property shall have been destroyed under the provisions of this section the City of Alpharetta in its corporate capacity shall be liable to the owner thereof only for the actual cash value

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therefor and shall not be liable for any prospective damages in connection therewith. Same. Section 56. Be it further enacted by the authority aforesaid that the City Council is authorized and empowered to establish, build, equip, maintain and conduct, or to assist in the same, of a general hospital in said city, and to levy a tax, to collect a tax and to appropriate funds from either general or special tax monies for said hospital, and the treatment of the sick therein, as well as the expenses of maintaining said hospital. Hospital. Section 57. Be it further enacted, that the mayor and councilmen are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the city for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the city may be used free for such purposes; and also to make appropriations and payments from the general funds of the city for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also for making contributions to any board of trade or chamber of commerce, or like body in said city, which may have for its object any of the above stated public purposes; and also to make payments from the general revenues and funds of the city for the support of public hospitals, libraries, charities and other eleemosynary institutions in the city. The said city is authorized to exempt from tax or license or both any new business or enterprise coming to and locating in Alpharetta, however, this exemption can not exceed five years. Conventions. New businesses. (b) The said city is authorized to receive any funds, property or other thing which may be offered as a donation or gift to the city or for public use and enjoyment. Gifts. Section 58. Be it further enacted by the authority aforesaid that the City Council is granted power and

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authority to enact such ordinances, resolutions, rules and regulations it deems necessary regarding the establishment of subdivisions of land within the city limits. It shall be the duty of each person or firm establishing or creating a subdivision of land in Alpharetta to file a plat or map of same with the clerk of the City Council and all streets, sidewalks, lanes and alleys shown on said plat or map are declared to be and are dedicated to public use and become the property of the City of Alpharetta. Subdivisions. Section 59. Be it further enacted that the City Council of the City of Alpharetta shall have power to authorize the marshal or any policeman of said city to summon; orally or otherwise, any bystander or as many bystanders as he deems necessary to aid in the arrest of any person or persons violating any ordinance of said city or law of this State, and to provide for any person or persons failing or refusing to obey said summons. Such person or persons assisting the marshal or policeman are hereby granted the immunities and privileges of a regular policeman of said city. Police. Section 60. Be it further enacted that the City Council shall have power and authority to require any person, firm or corporation to obtain from said city written permit to build, erect, repair or remodel in said city any house, building or any kind of structure, where the estimated costs thereof shall exceed fifty dollars. The City Council shall have power and authority to prescribe the form of application for said permit and specify the information to be furnished by the applicant. The City Council shall have the power and authority to specify the kind, type, and materials to be used in such building or repair and to grant or refuse to grant any application for permit with or without cause. They shall also have power and authority to provide penalties for the violation of any ordinances, rules or regulations regarding building permits. Building permits. Section 61. Be it enacted by the authority aforesaid that the City Council shall have full power and authority to regulate the running, speed and parking of buses,

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trucks, automobiles, trailers, engines, trains and other vehicles within the limits of said city and upon the streets, railroads, alleys, or other places in said city. Traffic control. Section 62. Be it enacted by the authority aforesaid that the Mayor and Council members shall have power and authority to grant franchises, easements, and rights of way in, on, under and over streets, alleys, lanes, squares, sidewalks, parks and other property of the said city. The City Council shall likewise have the power and authority to pass such ordinances as may be necessary to carry out and effectuate the provisions of this section and to prescribe a penalty for a violation of these ordinances. Franchises. Section 63. Be it enacted by the authority aforesaid that all sales provided for here shall be as effective and effectual to pass title as the deed of the person against whom the execution was issued. The City of Alpharetta may buy property sold under execution under same terms and provisions as is provided in the purchases by counties of the State of Georgia tax sales. The city may also sell and convey title to any property owned by it, upon ordinance or resolution passed by City Council. Sale of property. Section 64. Be it further enacted, that said City Council shall have power to take up and impound any horses, mules, hogs, cows, or other animals running at large in said city; also levy a tax on each dog in said city running at large not to exceed two dollars a year, and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said city, and to enforce the provisions of this section, including the advertising and sale of such animals which may be impounded. To assess fees and costs therefor and provide for the collection and payment thereof. Animals. Section 65. Be it further enacted, that all uniliquidated claims against said City of Alpharetta shall be presented within twelve months after they accrue or become payable, or the same are barred, unless held by minors

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or other person laboring under disabilities, who are allowed twelve months after the removal of such disability. Claims against city. Section 66. Be it further enacted that the City Council shall have power to prevent, control, and abate idleness and loitering within the corporate limits of the City of Alpharetta to provide for and to punish any person or persons found guilty of loitering or vagrancy. Vagrancy. Section 67. Be it further enacted that the City of Alpharetta shall have the power and authority to own, acquire, control, and maintain property in or near said city for a cemetery, and to regulate and control interments therein, to punish any and all persons injuring or destroying the property or shrubbery therein, and to enact such ordinances and prescribe such rules and regulations as the City Council may deem necessary to properly regulate, protect and control the said property and the use thereof. Cemetery. Section 68. Be it further enacted that the City Council shall have power and authority to prevent, to regulate or to supervise the use of firearms, fireworks, or other dangerous annoyances or explosives used in sports or otherwise in said city, providing however this section shall not apply to any citizen when defending or protecting his person or property. Firearms, etc. Section 69. Be it further enacted that the City Council may declare what shall be a nuisance in said city, and provide for the abeyance of the same. The City Council shall have the power and authority to remove or cause to be removed at the expense of the owner thereof, any or any portion of any building, porch, steps, fence or other obstruction or nuisance in or near any public street, and to abate any and all nuisances located within the corporate limits of said city; also to provide for punishment for anyone found guilty of maintaining or carrying on a nuisance. In the event a nuisance is abated at any expense or cost to the City of Alpharetta and the owner of said nuisance fails and refuses to pay the said cost or expense within ten days after a demand is made

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for such payment, then the clerk of the City of Alpharetta shall issue execution in the name of said city for such costs or expenses in the same manner as for taxes. Said execution shall have the same dignity as one issued from the superior courts of this State. Nuisances. Section 70. Be it further enacted that the City Council shall have full power and authority to establish a feebill for the officers of said city, such fees when collected, to be paid into the city treasury and that until, and unless changed by ordinance the same fees shall be charged and collected by the said city officers insofar as applicable, as is now provided for sheriffs and clerks of the superior courts of this State. The clerk is authorized to issue execution for the nonpayment of past due or delinquent unpaid fees. Fees. Section 71. The City Council are authorized and empowered to sell, furnish, and distribute water, gas, lights, sewerage, electric energy, power and any other utilities service together with the facilities to furnish and supply these services and utilities within the corporate limits and within one mile from the corporate limits of said city. The City Council are authorized and empowered to make contracts for the purchase of electric energy, power and current for its use and redistribution, to general and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the City Council may deem necessary. That the said city shall have the right to obtain by purchase, gift or condemnation such right of ways and easements as may be necessary for the purposes as provided in this section. Utilities. Section 72. Be it further enacted that the City Council shall have power and authority to prevent or regulate the carrying on during the Sabbath Day of all business of whatever nature in any manner they may see fit not contrary to laws of this State; to prohibit all games and amusements within the city limits not consistent with the proper observance of the Sabbath Day. Sabbath Day.

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Section 73. Be it further enacted by the authority aforesaid that City Council is granted authority to regulate, control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the city limits or within a one mile limit without the city limits where the sale, storage or possession of malt or alcoholic beverages or drinks have a tendency to adversely effect the moral, physical of health conditions of said city or of the inhabitants thereof. Alcoholic beverages. Section 74. Be it further enacted by the authority aforesaid that the recorder of said City shall have the power and authority to hold a court to be known as Recorder's Court at such time and place in said city at such time and place in said city as he or the City Council may designate and appoint for the hearing and trial of offenses committed against or for the violation of the bylaws, rules, regulations, ordinances, or laws of said city. Recorder. (b) The recorder is authorized and empowered to hear and try those charged with the violation of, or offense against, the bylaws, rules, regulations, ordinances, or laws of said city and should the defendant be found or adjudged guilty of any such violation he may be punished by a fine not to exceed two hundred fifty ($250.00) dollars, or by confinement in the city jail or stockade or elsewhere in a place of confinement as may be designated by the Recorder or City Council, not to exceed ninety (90) days, or by labor on the streets or public works of said city under the control, supervision and discretion of the proper officers not to exceed ninety (90) days, The recorder may sentence the defendant to either one or more of said penalties or any part thereof. All sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The recorder may also require that the costs of prosecution shall be paid by the defendant. Maximum sentences. (c) Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said recorder's

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court the same may be enforced and collection by an execution issued by the clerk of council as provided for herein for the collection of taxes, and levies, sales and defenses may be made in the same manner as executions issued for taxes. Costs. (d) The City Council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in recorder's court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to, or included in the amount of fine imposed. Unless changed by the City Council the charges for costs shall be the same as are now or as may be lawfully charged in superior courts of this State. Costs. (e) The recorder of said city shall be ex officio justice of the peace so far as to enable him to issue warrants for any offense, State or city, committed within the city limits of said city. Said warrant may be served by the marshal or police of said city or by any arresting officer of this State, and acting under said warrant, the officer may arrest either within or without the limits of said city. Offenders so arrested may be carried before the recorder, and if there is probable cause to suspect that any of the penal laws of this State or any rule, regulation, bylaw, ordinance or law of said city has been violated, then the recorder may bind the offender over to the proper court, and to commit the accused to the jail or place of confinement to answer the charge against him, provided, that the recorder may, if such offense if bailable, admit the accused to bail, the arresting officer may approve the bond. Should the accused be bound over to the State courts then all papers should be delivered to the clerk of the court to which the accused was bound over. Recorder. (f) That the mayor may serve as the recorder when the recorder is absent, disqualified, or unavailable to serve, and should both the recorder and mayor be absent, disqualified or unavailable to serve, the council member

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of said city may serve as presiding officer at recorder's court. Recorder pro tem. Section 75. Be it further enacted by the authority aforesaid that the sections and provisions of this charter and Act are severable and were so enacted by the Georgia General Assembly and should any section, or any part thereof be held contrary to the Constitution or laws of the State of Georgia or of the United States of America, the part so held to be void shall be ineffective but the remainder of said Act shall remain in full force and effect. Severability. Section 76. Be it further enacted by the authority aforesaid that all laws or portions of laws in conflict with this Act be and the same are repealed. Section 77. The notice and affidavit attached hereto are made a part of this bill and reference is made thereto. Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 14, 21, 28 days of December, 1960. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the Town of Alpharetta intends to apply for the passage of local legislation at

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the next session of the General Assembly of Georgia to amend, revise and create a new charter for the Town of Alpharetta the title to such bill, or bills, to be as follows: An Act to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Alpharetta in the County of Fulton, the State of Georgia, and all amendments in respect thereto; to create a new charter for said corporation; to change the name from the Town of Alpharetta to the City of Alpharetta; to provide a municipal government therefor; to define the territorial limits of said town; to provide for a mayor, council and recorder, and to define their powers and duties; to provide the punishment of violators of the ordinances, rules and regulations of said municipality; to define the special powers and duties of the mayor; to provide for elections of mayor and council members, and to define their qualifications, and for other purposes. This December 12, 1960. /s/ Carlos O. Henderson, Mayor of the Town of Alpharetta. Bass, Burger, Kidd Rich, Attys. 1001 Fulton Fed. Bldg. Dec. 14, 21 28-x. Subscribed and sworn to before me, this 29th day of December, 1960. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission expires Oct. 19, 1963. (Seal). Approved March 3, 1961.

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COUNTY COURT OF ATKINSON COUNTYQUALIFICATIONS OF JUDGE AND SOLICITOR. No. 51 (House Bill No. 468). An Act to be amend an Act creating a County Court of Atkinson County, approved March 25, 1958 (Ga. L. 1958, p. 3178), so as to add provisions relating to the qualifications and eligibility of the judge and the solicitor of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a County Court of Atkinson County, approved March 25, 1958 (Ga. L. 1958, p. 3178), is hereby amended by striking the period at the end of section 11 and adding the words, but any person holding any other elective National, State, county, district, or circuit office shall be ineligible to hold the office of judge of said county court., so that when so amended section 11 shall read as follows: Section 11. No person shall be eligible for the office of said judge unless he shall be at least twenty-five years of age, a citizen of the County of Atkinson for a period of twelve months prior to this election, admitted to the practice of law, and shall have practiced law for a period of two years next preceding his election, or appointment, and he shall, before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the rich and poor, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the County Court of Atkinson County, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall be filed in the executive department. The fact that a person may be a member of the General Assembly shall not

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disqualify him for holding the office of judge of said county court, but any person holding any other elective National, State, county, district, or circuit office shall be ineligible to hold the office of judge of said county court. Judge. Section 2. Said Act is further amended by striking the period at the end of section 15 and adding the words, but any person holding any other elective National, State, county, district, or circuit office shall be ineligible to hold the office of solicitor of said county court., so that when so amended section 15, shall read as follows: Section 15. No person shall be eligible to the office of solicitor of said county court unless he shall have been admitted to the practice of law; and he shall, before entering the duties of his office, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor, or affection, discharge my duties as solicitor of the County Court of Atkinson County, and will take only my lawful fees of office; so help me God, which oath shall be filed in the executive department. The fact that a person may be a member of the General Assembly shall not disqualify him from holding the office of solicitor of said county court, but any person holding any other elective National, State, county, district, or circuit office shall be ineligible to hold the office of solicitor of said county court. Solicitor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Atkinson County. Before the undersigned authority, duly authorized by law to administer oaths, personally appeared the undersigned subscriber, who after being duly sworn, deposes and upon oath saith: That he is editor and publisher of the Atkinson County Citizen and Pearson Tribune, the official organ of Atkinson County and published in Pearson, Georgia; that the attached legal advertisement appeared in the regular

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issues of said paper of January twenty-sixth, February second and ninth, 1961; that further affiant sayeth not. /s/ Bird Yarbrough. Sworn to and subscribed before me, this 18th day of February, 1961. /s/ Jack J. Helms, Notary Public, Georgia, at Large. (Seal). Notice of Intention To Introduce Local Legislation: Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to amend an Act creating a County Court of Atkinson County, approved March 25, 1958 (Ga. L. 1958, p. 3178), so as to make provisions relating to the qualifications and eligibility of the judge and solicitor of said court; and for other purposes. This 14th day of January, 1961. /s/ Waldo Henderson, Representative, Atkinson County. Approved March 6, 1961. BULLOCH COUNTYCOMPENSATION OF CHAIRMAN OF COMMISSIONERS OF ROADS AND REVENUES. No. 54 (House Bill No. 414). An Act to amend an Act relating to a change in the compensation of the chairman, clerk and other members of the Board of Commissioners of Roads and Revenues for Bulloch County, approved March 7, 1960 (Ga. L. 1960, p. 2313), so as to provide that all of the provisions of

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this Act shall become effective on the same date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to a change in the compensation of the chairman, clerk and other members of the Board of Commissioners of Roads and Revenues for Bulloch County, approved March 7, 1960 (Ga. L. 1960, p. 2313), is hereby amended by striking from the title of said act the words to provide for a salary increase for the chairman and clerk on January 1, 1965;, so that title of said Act, when so amended shall read as follows: An Act to amend an Act creating a board of commissioners of roads and revenues for Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3040), so as to change the compensation of the chairman and clerk, the other members of the board and the amount expended for clerical help; to provide an effective date; to repeal conflicting laws; and for other purposes. Section 2. Said Act is further amended by striking from Section 2 the words except in respect to the provision for an increase in salary for the chairman and clerk on January 1, 1965., so that said Section, when so amended, shall read as follows: Section 2. The provisions of this Act shall become effective January 1, 1961. 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 1961 session of the General Assembly of Georgia a bill to amend an act, establishing the date of change in compensation of the members of the Board of

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Commissioners of Bulloch County, so as to cause the effective date of change to be the same for all members of the board of county commissioners and for other purposes. This 29th day of December, 1960. /s/ Wiley B. Fordham, /s/ Jones Lane, Representatives of Bulloch County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wiley B. Fordham and Jones Lane, who, on oath, depose and say that they are representatives from Bulloch County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bulloch Herald, which is the official organ of said county, on the following dates: Dec. 29, 1960; Jan. 5, Jan. 12, 1961. /s/ Wiley B. Fordham, /s/ Jones Lane, Representatives, Bulloch County. Sworn to and subscribed before me this 2nd day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 6, 1961.

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GREENE COUNTYTAX COMMISSIONER, PLACED ON SALARY. No. 55 (House Bill No. 411). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of Greene County, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2506), so as to place the compensation of the tax commissioner of Greene County on a salary basis in lieu of a fee basis; to provide for clerical help; to provide for the disposition of fees, costs, and other perquisites; 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 Greene County into the one office of tax commissioner of Greene County, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2506), 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 compensation of the tax commissioner of Greene County is hereby placed on a salary basis in lieu of a fee basis. He shall be compensated in the amount of six thousand five hundred ($6,500.00) dollars per annum which shall be paid in equal monthly installments from the funds of Greene County. Such compensation shall be in lieu of all fees, costs, percentages, fines, forfeitures, commissions, penalties, and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the tax commissioner, except that he shall continue to receive the fees allowed being tag agent in Greene County for the sale of motor vehicle license tags, and he shall continue to receive the amount provided in section 3 of an Act relating to the commission on taxes collected in excess of a certain percentage due according to the net tax digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. All such fees, costs, percentages, fines, forfeitures, commissions,

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penalties and other perquisites shall be received and collected by the tax commissioner for the sole use of Greene County and shall be the property of Greene County. Such funds shall be held as public funds belonging to Greene County and shall be accounted for and paid to the fiscal authority of Greene County on or before the last day of each month in which they are collected, accompanied by a statement, under oath, showing the collections and sources from which collected. The fiscal authority of Greene County shall not pay monthly compensation to the tax commissioner until such funds are received by said authority. Salary. Section 2. Said Act 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 tax commissioner is authorized to employ such help as he deems necessary to perform the duties of his office and such employees shall be paid by the tax commissioner out of the compensation which he receives. Clerical help. Section 3. The provisions of this Act shall take effect January 1, 1962. Effective date. Section 4. All laws and 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 1961 Session of the General Assembly of Georgia, a bill to place the Tax Commissioner of Greene County on a salary basis in lieu of a fee basis; and for other purposes. This 21st day of December, 1960. /s/ A. P. Roper, Representative, Greene County.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen P. Roper, who, on oath, deposes and says that he is representative from Greene County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Journal, Greensboro, which is the official organ of said county, on the following dates: Dec. 23, 30th, 1960 and Jan. 6, 1961. /s/ Allen P. Roper, Representative, Greene County. Sworn to and subscribed before me this 1st day of February, 1961. /s/ Patricia Anne Brown, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 6, 1961. GREENE COUNTYOFFICERS PLACED ON SALARY. No. 56 (House Bill No. 410). An Act to place the compensation of the sheriff, the clerk of the superior court, the ordinary, and the coroner of Greene County on a salary basis in lieu of a fee basis; to provide for deputies and other employees; to provide for allowances and expenses; to provide for the disposition of fees, costs and other perquisites; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the sheriff, the clerk of the superior court, the ordinary, and the coroner of

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Greene County is hereby placed on a salary basis in lieu of a fee basis. The compensation provided for hereinafter for each of said officials, except as provided for in this Act, shall be in lieu of all fees, costs, percentages, fines, forfeitures, commissions, penalties and all other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by either of said officials. All such fees, costs, percentages, forfeitures, commissions, penalties and other perquisites shall be received and collected by each of said officials for the sole use of Greene County and shall be the property of Greene County. Such funds shall be held as public funds belonging to Greene County and shall be accounted for and paid to the fiscal authority of Greene County on or before the last day of each month in which they are collected, accompanied by a statement, under oath, showing the collections and sources from which collected. The fiscal authority of Greene County shall not pay the monthly compensation to any official placed on a salary basis in lieu of a fee basis by this Act until such funds are received by said authority. Placed on salaries. Section 2. The sheriff shall be compensated in the amount of eighty-two hundred ($8,200.00) dollars per annum, to be paid in equal monthly installments from the funds of Greene County. He shall be paid eight (8) cents per mile for the use of his personal motor vehicle in the performance of his official duties. The sheriff shall also receive his actual expenses incurred while on official business outside Greene County, but not to exceed five hundred ($500.00) dollars in any one calendar year. The sheriff shall continue to receive those monies paid to him by the State pursuant to Code section 68-201, as amended. Such expenses shall be paid to him by the governing authority of Greene County out of the funds of Greene County upon an itemized statement thereof being submitted by the sheriff. The sheriff shall submit a bill on or before the last day of the month for such expenses. The sheriff shall continue to receive turnkey fees and board for the prisoners at the county jail which shall be paid to the sheriff by the county. In the event the governing authority

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of Greene County abolishes the office of county policeman, the sheriff shall then be authorized to appoint a deputy sheriff and to fix his compensation not to exceed three thousand six hundred ($3,600.00) dollars per annum, which shall be paid in equal monthly installments from the funds of Greene County. In the event such deputy sheriff is appointed, as provided herein, Greene County shall furnish and maintain a motor vehicle, properly equipped for police duty, for the use of the office of the sheriff. Sheriff. Section 3. The clerk of the superior court of Greene County shall be compensated in the amount of six thousand five hundred ($6,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Greene County. He shall also be paid an allowance in the amount of two thousand five hundred ($2,500.00) dollars per annum to be paid in equal monthly installments from the funds of Greene County, which shall cover the cost of employing any deputy clerk and all secretarial help. Clerk of superior court. Section 4. The ordinary of Greene County shall be compensated in the amount of five thousand five hundred ($5,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Greene County, which shall include employing clerical help. Ordinary. Section 5. The coroner of Greene County shall be compensated in the amount of three hundred ($300.00) dollars per annum, which shall be paid in equal monthly installments from the funds of Greene County. Coroner. Section 6. The provisions of this Act shall take effect January 1, 1962. Effective date. Section 7. All laws and 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 1961 Session of the General Assembly of

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Georgia, a bill to place the sheriff, the ordinary, the clerk of the superior court, and the coroner of Greene County on a salary basis in lieu of a fee basis, and for other purposes. This 21st day of December, 1960. /s/ A. P. Roper, Representative, Greene County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen P. Roper, who, on oath, deposes and says that he is representative from Greene County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Journal, Greensboro, which is the official organ of said county, on the following dates: Dec. 23, 30th, 1960, and Jan. 6, 1961. /s/ A. P. Roper, Representative, Greene County. Sworn to and subscribed before me this 1st day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 6, 1961.

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GLYNN COUNTYCOMPENSATION OF COMMISSIONERS AND CLERK OF BOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 57 (House Bill No. 407). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Glynn County, Georgia, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended by an Act approved February 17, 1950 (Ga. L. 1950, p. 2882), as amended by an Act approved February 27, 1956 (Ga. L. 1956, p. 2710), and as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 2986), so as to provide for the compensation for members of the Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, to-wit: Section 1. An act creating a Board of Commissioners of Roads and Revenue of Glynn County, Georgia (approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended by an act approved February 17, 1950 (Ga. L. 1950, p. 2882), as amended by an act approved February 27, 1956 (Ga. L. 1956, p. 2710), and as amended by an act approved March 17, 1960 (Ga. L. 1960, p. 2986), is hereby amended by striking section 6 of said act in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. Effective July 1, 1961, the chairman of said board shall receive a minimum salary of fifty ($50.00) dollars per month, based upon a minimum of one meeting of the board per calendar month; for each additional meeting attended during a calendar month the chairman shall receive twenty-five ($25.00) dollars per meeting, but the chairman's aggregate salary shall not exceed one hundred ($100.00) dollars per month. Each of the other members of said board shall receive a salary of twenty ($20.00) dollars for each meeting attended, but not to exceed eighty ($80.00) dollars per month.

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Such board is authorized to employ a clerk and such other employees as in their judgment are necessary or proper for the carrying on of the affairs of the county and to fix the salary and terms of employment for all of its employees. Said board shall have authority to require of any or all of its employees such bonds as in their judgment should be given by such employees for the faithful discharge of their duties. 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 Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 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 Glynn County; and for other purposes. This 11th day of January, 1961. /s/ William R. Killian, Representative, Glynn Co. /s/ Winebert D. Flexer, Representative, Glynn Co. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William R. Killian and Winebert D. Flexer, who, on oath, depose and say that they are Representatives from Glynn County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of said County, on the following dates: January 14, 21 and 28, 1961. /s/ William R. Killian, Representative, Glynn Co. /s/ Winebert D. Flexer, Representative, Glynn Co.

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Sworn to and subscribed before me this 1st day of February, 1961. /s/ Janette Hirsch, Notary Public. (Seal). Approved March 6, 1961. GLYNN COUNTYCORONER PLACED ON SALARY. No. 58 (House Bill No. 406). An Act to place the Coroner of Glynn County on a monthly salary in lieu of the fee system of compensation; to provide for the employment of certain clerical help; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In lieu of all fees, costs, perquisites, and emoluments of whatever kind and nature now or hereafter allowed by law to Coroners for service as such, the Coroner of Glynn County is hereby placed on a salary of one hundred ($100.00) dollars per month, said salary to be paid out of the funds of Glynn County. Salary. Section 2. The Coroner of Glynn County is authorized to employ such persons as are required and necessary in order that testimony given at any proceeding required to be conducted by the Coroner shall be preserved and transcribed. The compensation of such personnel shall be paid from the funds of Glynn County upon certification by the Coroner of an amount, which shall be determined by the Coroner, to be paid said stenographers. Provided, however, said compensation shall not exceed ten ($10.00) dollars per proceeding. Reporter. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 Session of the General Assembly of Georgia, a bill to place the coroner of Glynn County on a salary basis in lieu of a fee basis; to provide for stenographic help; and for other purposes. This 11th day of January, 1961. /s/ William R. Killian, Representative, Glynn Co. /s/ Winebert D. Flexer, Representative, Glynn Co. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William R. Killian and Winebert D. Flexer, who, on oath, depose and say that they are representatives from Glynn County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of said county, on the following dates: January 14, 21 and 28, 1961. /s/ William R. Killian, Representative, Glynn Co. /s/ Winebert D. Flexer, Representative, Glynn Co. Sworn to and subscribed before me this 1st day of February, 1961. /s/ Janette Hirsch, Notary Public. (Seal). Approved March 6, 1961.

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CITY COURT OF STATESBOROCOMPENSATION OF JUDGE AND SOLICITOR. No. 59 (House Bill No. 413). An Act to amend an Act relating to the creation of the City Court of Statesboro, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, particularly by an Act approved August 1, 1906 (Ga. L. 1906, p. 332), an Act approved August 1, 1922 (Ga. L. 1922, p. 286), an Act approved March 23, 1937 (Ga. L. 1937, p. 1212), an Act approved March 3, 1947 (Ga. L. 1947, p. 274), an Act approved March 25, 1947 (Ga. L. 1947, p. 307), an Act approved February 8, 1949 (Ga. L. 1949, p. 281), and an Act approved February 9, 1949 (Ga. L. 1949, p. 350), so as to provide for a change in the annual salary of the Judge of the City Court of Statesboro; to provide for a change in the annual salary of the Solicitor of the City Court of Statesboro; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the creation of the City Court of Statesboro, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, particularly by an Act approved August 1, 1906 (Ga. L. 1906, p. 332), an Act approved August 1, 1922 (Ga. L. 1922, p. 286), an Act approved March 23, 1937 (Ga. L. 1937, p. 1212), an Act approved March 3, 1947 (Ga. L. 1947, p. 274), an Act approved March 25, 1947 (Ga. L. 1947, p. 307), an Act approved February 8, 1949 (Ga. L. 1949, p. 281), and an Act approved February 9, 1949 (Ga. L. 1949, p. 350), is hereby amended by striking section 2 of said Act in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Be it enacted by the authority aforesaid, that there shall be a Judge of said City Court of Statesboro, whose term of office beginning January 1, 1951, will be for a term of six (6) years, ending December 31, 1956, and each term thereafter shall be for a term of four (4)

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years, and whose election, and qualifications shall be and remain as now fixed by law, and who shall receive a salary of three thousand ($3,000.00) dollars per annum, which shall be paid to him monthly by the treasurer of the County of Bulloch, or other proper authorities having charge of said county funds, and it shall be the duty of the commissioner of roads and revenues 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. Judge. Section 2. Said Act is further amended by striking from section 4 of said Act the words and figures two thousand ($2,000.00) dollars, and inserting in lieu thereof the words and figures two thousand eight hundred ($2,800.00) dollars, so that that portion of said section 4 pertaining to the salary of the solicitor, when so amended, shall read as follows: The salary of said solicitor shall be the sum of two thousand eight hundred ($2,800.00) dollars per annum to be paid out of the treasury of Bulloch County which shall be in full for all services rendered by him, and for which he shall receive no other compensation than a salary of two thousand eight hundred ($2,800.00) dollars per annum as provided herein, and which salary shall be in lieu of all fees, fines, forfeitures and insolvent costs. Solicitor. 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 1961 regular session of the General Assembly of Georgia a bill to amend an Act to create the City Court of Statesboro in and for the County of Bulloch; to prescribe the powers and duties thereof; to define the jurisdiction thereof; to provide for compensation of said officers,

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and for other purposes, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended. This 29th day of December, 1960. /s/ Wiley B. Fordham, /s/ Jones Lane, Representatives, Bulloch County, Georgia. 1-12-3tc. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wiley B. Fordham and Jones Lane, who, on oath, depose and say that they are representatives from Bulloch County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bulloch Herald, which is the official organ of said county, on the following dates: Dec. 29, 1960, Jan. 5 and Jan. 12, 1961. /s/ Wiley B. Fordham, /s/ Jones Lane, Representatives, Bulloch County, Georgia. Sworn to and subscribed before me this 2nd day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 6, 1961.

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CITY COURT OF BRUNSWICKBAILIFFS. No. 60 (House Bill No. 405). An Act to amend an Act creating the City Court of Brunswick, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, so as to increase the number of bailiffs in said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Brunswick, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, is hereby amended by striking from section 31 the word two and substituting in lieu thereof the word four, so that when so amended, section 31 shall read as follows: Section 31. The judge of said court shall be authorized to appoint at each term of said court not exceeding four bailiffs as officers of said court. Such bailiffs shall be paid out of the treasury of the County of Glynn on the certificate of the judge of said court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to change the number of bailiffs authorized for the City Court of Brunswick; and for other purposes. This 11th day of January, 1961. /s/ William R. Killian, Representative, Glynn Co. /s/ Winebert D. Flexer, Representative, Glynn Co.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William R. Killian and Winebert D. Flexer, who, on oath, depose and say that they are representatives from Glynn County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of said county, on the following dates: January 14, 21 and 28, 1961. /s/ William R. Killian, Representative, Glynn Co. /s/ Winebert D. Flexer, Representative, Glynn Co. Sworn to and subscribed before me this 1st day of February, 1961. /s/ Janette Hirsch, Notary Public. (Seal). Approved March 6, 1961. APPLING COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES, COUNTY ATTORNEY. No. 62 (House Bill No. 346). An Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Appling County, Georgia, approved February 12, 1945 (Ga. L. 1945, p. 650-656), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2266-2274), so as to provide for the salary to be paid the members of said board of commissioners of roads and revenue, and to provide for the expense to be paid or incurred by said board of commissioners for legal services; to repeal conflicting laws and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenue for Appling County, Georgia, approved February 12, 1945 (Ga. L. 1945, p. 650-656), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2266-2274), is hereby amended by striking in its entirety the second paragraph of section 5(a) of said Act, as amended, and inserting in lieu thereof a new second paragraph of said section 5(a) of said Act, as amended, said new paragraph to read as follows: Each of said commissioners, including the chairman, shall be paid as compensation for his services as such commissioner an annual salary of $900.00, payable in equal monthly installments of $75.00, out of the treasury of Appling County which salary shall be full compensation for all services rendered as a county commissioner of every kind whatever. It shall be unlawful for any commissioner to be paid or receive any additional sum from Appling County for any services of any nature, except the commissioners may be reimbursed from county funds for any reasonable expenses incurred by them in making authorized trips outside the limits of the county on county business. Salaries, expenses. Section 2. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11County Attorney . Be it further enacted that said Board of Commissioners of Roads and Revenue of Appling County, Georgia, shall have the power and authority to employ a county attorney to consult with them and advise with them concerning legal questions coming before said board of commissioners and said board shall have the authority to pay such county attorney a reasonable monthly retainer fee for his services in such capacity, the amount of same to be determined by said board of commissioners. And be it further provided that in the event that said board of commissioners and/or Appling County shall become involved in litigation in

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court, said board is authorized to pay such county attorney extra compensation in a reasonable amount to be determined by said board of commissioners and as the nature of the case or service may warrant, said board being also authorized to employ and pay additional legal counsel in any case or matter where said board of commissioners deems it necessary and advisable. Section 3. 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 1961 session of the General Assembly of Georgia for the passage of a bill amending the legislative enactments creating a Board of Commissioners of Roads and Revenue of Appling County, Georgia, so as to provide for the clarification of the provisions of said legislative enactments regarding purchase of any and all equipment and materials by said board of commissioners and to clarify, regulate and limit the expenses to be paid or incurred by said Board for legal and other services, and to clarify, regulate and limit the expenses and salaries of the members of said board of commissioners and for other purposes. This 10th day of January, 1961. /s/ W. C. Parker, Representative, Appling County, Georgia. Georgia, Appling County. In person before the undersigned officer duly authorized by law to administer oaths appeared Albert S. Jenkins, who, after first being duly sworn, deposes and says that he is the owner and publisher of The Baxley News-Banner, the official organ of Appling County, Georgia, and being the newspaper in which the sheriff's advertisements in and for said county are published, and affiant further states that the above and foregoing attached notice of intention to apply for passage of a local bill was

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published in The Baxley News-Banner in the issues of January 12, January 19, and January 26, 1961. /s/ Albert S. Jenkins. Sworn to and subscribed before me this 28th day of January, 1961. /s/ Mrs. M. B. Milikin, Notary Public, Appling County, Georgia. My commission expires October 29, 1963. (Seal). Approved March 6, 1961. CITY OF BAXLEYCHARTER AMENDED, REFERENDUM. No. 63 (House Bill No. 248). An Act to amend an Act to create and establish a new charter for the City of Baxley, approved August 21, 1911, and all Acts amendatory thereto, by providing for: The election of six (6) members of the Council of the City of Baxley, their terms of office, salaries, duties, powers and authority; the selection of a Mayor of the City of Baxley by the members of the city council from among its members, his term of office, salary, duties, powers and authority; the appointment of a city manager by the city council, his term of office, duties, salary, powers and authority; the establishment of a recorders court and appointment of a recorder by the city council, his term of office, salary, duties, powers and authority; the hours during which the polls shall be kept open at elections held in and for the City of Baxley; the qualifications of voters; extension of water and sewerage lines, pipes and services beyond the city limits, and jurisdiction of same, and the right in the City of Baxley to own real property beyond and outside the corporate limits of the City of Baxley provided

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same is located in Appling County, Georgia; for the repeal of laws in conflict therewith, and for a referendum prior to the effective date of the proposed Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create and establish a new charter for the City of Baxley, to declare the rights, powers and privileges of said corporation; to provide for mayor and council and for other purposes, approved August 21, 1911 (Ga. L. 1911, p. 700), and the several Acts amendatory thereto, be and the same are hereby amended in the following particulars. Section 2. Section 3 of said Act is amended by adding thereto a section designated as section 3 (a), reading as follows: Section 3(a). At the election held in and for the City of Baxley on the second Wednesday in December, 1961, for the purpose of electing members of the city council, a mayor shall not be elected, the mayor to be elected as hereinafter provided, but there shall be elected three members of the city council, the candidate receiving the highest number of votes in said election to serve for a term of three years and the two candidates receiving the next highest number of votes in said election to serve for a term of two years. On and after the first Monday in January, 1962, the city council shall be composed of six members, one of whom shall be elected to serve as mayor as hereinafter provided. At the election held in the City of Baxley for the purpose of electing members of the city council held on the second Wednesday in December, 1962, to fill the three vacancies in office of members of the city council expiring in January, 1963, the two candidates receiving the highest number of votes in said election to serve for a term of three years each and the candidate receiving the next highest number of votes in said election to serve for a term of two years. Thereafter, the terms of office for all members

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of the city council shall be for a period of three years and at the election held on each second Wednesday in December thereafter two candidates shall be elected as members of the city council to replace the two members of said council whose terms are about to expire. The terms of office for all members of the city council shall commence on the first Monday in January next after their election and shall continue until their successors in office have been duly elected and qualified. City council. Section 3. Section 3 of said Act is further amended by adding thereto a new section designated as section 3(b), reading as follows: Section 3(b). The members of the city council shall meet on the first Monday in January, 1962, and at a like meeting in each January thereafter, and at such meeting, or at a meeting of members of the city council held as soon thereafter as reasonably possible, the members of the council shall elect one of their members who shall have the title of Mayor of the City of Baxley. He shall be so elected for a term of one year. In the case of a vacancy in the office of mayor for any reason, this vacancy may be filled by the members of the council at any regular meeting. Members of the council may declare the office of mayor vacant provided there is a written resolution declaring the office of mayor vacant, signed by at least three members of the city council, presented to the city council at a regular meeting, and upon being brought up for vote at the next regular meeting of the council receiving the favorable vote of at least four members of the city council. Mayor. It shall be the duty of the mayor to preside at all meetings of the city council; to see that all proceedings are conducted in a parliamentary manner; to preserve order and decorum at all meetings of the council, whether regular or called, and to that end is hereby authorized to punish any person guilty of contempt before the city council by imposing such penalty as may be authorized for violation of the municipal ordinances and to require the police of said city to enforce same. The mayor shall,

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for and on behalf of the city, sign any and all deeds and contracts when authorized and directed to do so by resolution duly adopted by the city council and appearing on the minutes of meetings of that body. Any and all deeds and contracts so signed by the mayor shall be binding on the City of Baxley. The mayor shall give notice of all public elections held in and for the city of Baxley, for any office of the city, by publishing a notice of the time and place of the election in a newspaper published in said city, once in the week immediately preceding the week in which the election is to be held. The mayor shall have the authority to convene the council in extra sessions as he may deem proper for the conduct of business for the city. The mayor shall be recognized as the head of the city government for all ceremonial purposes and by the Governor of the State of Georgia for purposes of military law. The mayor shall have such other duties and powers as the city council may in a regular meeting by resolution from time to time provide, so long as same are not inconsistent with the provisions of the city charter. The mayor shall not vote on questions before the council except in the case of ties, in which case the mayor shall cast the deciding vote. The mayor shall not have the right of veto. Duties. Section 4. Section 8 of said Act is hereby stricken and substituted in lieu thereof is a section designated as section 8, reading as follows: The city council shall, within thirty days after the first Monday in January, 1962, or as soon thereafter as is practical, select and appoint a city manager, the office of city manager in the City of Baxley being hereby expressly created, who shall have the powers and perform the duties herein provided. The city manager shall be so selected and appointed by the city council for such term of office as that body may see fit, provided that the city council shall at all times have the right to discharge a city manager appointed and to appoint another person to serve in that office for any cause that may be deemed proper and sufficient by that body. The city manager shall be paid such salary as the city council may from time to time designate. City manager.

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The city manager, subject to the supervision and control of the city council, shall be the executive officer of the city and head of the administrative branch of the city government. His duties shall consist of: Supervision of all officers, heads of departments, and employees of the city; recommending to the city council for appointment persons to serve as heads of the various departments of the city, and likewise to recommend the discharge of the heads of the various departments of the city who he deems are not satisfactorily performing their duties, and, upon recommendation of the heads of the various departments, the hiring and discharging of employees of such departments; reporting to the city council the failure of enforcement, if any, of all municipal and State laws within the limits of the city; to inform the city council from time to time of the general conditions of the city and its affairs and recommend such measures as may be deemed necessary or expedient; to inspect the records and books of account of the officers of the city and all city records, and to see that such records are properly and correctly kept; to require such reports made by officers and heads of departments of the city to the city council as may seem proper; to report to the city council any failure to maintain order in the city; to make to the city council such recommendations as may seem necessary for the preservation of the property, records and effects of the city; to attend all meetings of the city council; to prepare and submit to the city council an annual budget setting out the probable needed expenditures in all departments of the city for the ensuing year, together with an estimate of the probable income of the city from all sources for such year; to recommend to the city council the amount of salaries to be paid to all employees of the city; to make recommendations to the city council at each regular meeting for the purchase of such supplies and property as may be required by the city, and to perform such other duties as may be from time to time required by the city council, not inconsistent with the charter of the city. The city manager shall devote his entire time to the service of the city and may, if so designated, also serve

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as the head of any department or departments and likewise may be designated and also serve as recorder of the city if such office is created by the council. The city manager shall at all times make such reports on the affairs of the city as may be required by the city council. The city manager shall also, at the discretion of the city council, give bond in such amount as may be required by the city council. No member of the city council shall be appointed city manager during the term for which he shall have been elected. Section 5. Section 12 of said Act is hereby stricken and substituted in lieu thereof is a section designated as section 12, reading as follows: Section 12. That the city council shall be authorized to employ such police officers as they may see fit for the proper police protection of said city, one of which said officers shall be designated as chief of police and such officers shall be employed for such term, not exceeding twelve months, as the council may see fit and shall receive such compensation as may be fixed by the council. The chief of police shall also be known as `Marshal' and the chief of police and members of the police force shall be clothed with such authority as may be conferred upon the marshal and marshals by the city charter of the city. The chief of police and all members of the police force shall be directly responsible to the manager of the city and subject to his orders. In case of a vacancy in office of the city manager, or his absence from the City of Baxley, during such vacancy or absence members of the police force shall be responsible to and subject to orders of the mayor. No costs or fees shall be paid any member of the police force in connection with any arrest or case made within the City of Baxley. Chief of police. The city council shall further be authorized to elect a clerk and a treasurer, one person being eligible to fill both places, and to designate the duties, compensations and terms of that office. The city council shall appoint, after considering the recommendations of the city manager

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but not being bound by such recommendations, the heads of all departments of the city, designating their duties, salaries, and time of employment. All officers and heads of departments of the city shall be subject to removal at will of the city council without notice and without trial and without the right to receive any further salary or compensation. The council shall be further authorized to employ such help as may be necessary to the proper conduct of the affairs of the city. The council, in addition thereto, shall have the following duties: To see that all laws, ordinances, rules, regulations, and resolutions of the city are faithfully and fully executed and enforced; to appoint all heads of departments and all committees; to see that officers of the city shall faithfully perform the duties required of them; to require such reports from officers and heads of departments as may seem necessary; to see that all records and books of accounts are accurately and properly kept, and to exercise general supervision and jurisdiction over the affairs of the city. Section 6. Section 6 of said Act is hereby amended by striking therefrom the word male and the words Twenty-one years of age, and inserting in lieu thereof eighteen years of age, so that said section as amended, shall read as follows: Section 6. That every citizen of said city, eighteen years of age, who shall have been a resident of this State for twelve months next preceding said election, and three months within the corporate limits of said city, and shall have paid all taxes due by him to said city and who is registered according to the laws of said city and qualified to vote for members of the General Assembly of said State, shall be qualified to vote at any election held in and for said city for any purpose whatever. Electors. Section 7. Said Act is amended by striking therefrom section 15 and inserting therein a new section to be known as section 15, reading as follows:

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Section 15. In the event there should be a vacancy in the office of councilman, the mayor shall immediately and within not less than thirty days after said vacancy, call a special election to be held on a date not less than ten or more than twenty days from the date of the call, under the same rules and regulations as provided for regular elections, notice of such call setting forth the time and place for holding said election to be published once in a newspaper published in said city in the week immediately preceding said election, registration of the last preceding election shall govern as to whom shall be entitled to vote in said special elections; provided, it shall not be necessary to call an election for the purpose of filling a vacancy in the office of a councilman where the office of councilman would expire within six months from the date of such vacancy. Vacancy in office of councilman. Until said election has been held and said vacancy or vacancies filled, the remaining councilmen shall have full power and authority to act in the same manner as if there did not exist a vacancy in the office of councilman, a majority of the councilmen serving in office constituting a quorum. Section 8. Section 7 of said Act is hereby stricken and substituted in lieu thereof is a section designated as section 7, reading as follows: Section 7. That on the first Monday in January after election a joint meeting of the old and new members of the city council shall be held in the city hall at 10:00 a.m., or at such other time on said date as the city clerk may designate in the event it appears that the members cannot be present at 10:00 a.m., all new members to be given notice of such date and time, and each newly elected member of the city council shall take the following oath before some officer authorized to administer oaths: `I do solemnly swear that I will faithfully discharge all of the duties devolving upon me as a member of the city council of the City of Baxley during my continuance in office, and faithfully and diligently enforce the laws of said city and State, and, to the best of my ability, advance the interests

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of said city and discharge the duties of my office without partiality or favor, so help me God.' Oaths, meetings. At such meeting the clerk of the city shall give to the members of the council such information with respect to the affairs of the city as may be requested including, among other things, the names of the various officers of the city and the heads of the several departments of the city. Section 9. Section 5 of said Act is hereby amended by striking from the last sentence thereof the phrase, and the polls shall be kept open between the hours of eight and three o'clock, and substituting therefor the words, and the polls shall be kept open between the hours of seven a.m. and six p.m. o'clock, so that said sentence shall read: The place of holding said election shall be the council chamber, and the polls shall be kept open between the hours of seven a.m. and six p.m., o'clock. Polls. Section 10. Section 16 of said Act is hereby stricken and substituted in lieu thereof is a section designated as section 16, reading as follows: Section 16. The city council may at their discretion by ordinance create the office of recorder of the City of Baxley and elect a recorder of the City of Baxley, whose duty it shall be to preside in the mayor's court of said city with as full and ample authority to try and dispose of all cases within the jurisdiction of the police court as the mayor has under the provisions of the city charter, it being provided that in the event and so long as there is a recorder holding this office in the City of Baxley, he shall preside in such court instead of the mayor with all the rights and authority of the mayor, the mayor continuing to be authorized to preside in such court if office of recorder is not created, or is discontinued, in case of a vacancy in the office of recorder, and in the absence of the recorder. Such recorder shall hold office from the time of election or appointment by the city council for a period

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of one year thereafter unless the office of recorder shall be declared vacant by vote of the city council. The office of recorder may be declared vacant by the city council by resolution duly adopted in any regular meeting. In case of vacany in the office of recorder for any reason, the city council may, at its discretion, at any time thereafter, elect and appoint a successor, the mayor being authorized to preside at mayor's court in the same manner as he now presides and with all authority and power now provided for him in that office at any time prior to the creation of the office of recorder, upon and during a vacancy in that office after the creation of same. Should the city council create the office of recorder and appoint a recorder, they shall fix the salary to be paid such recorder. The city council is authorized to appoint the city manager, if any, of the city as recorder but shall not appoint to this office the mayor or any member of the council during their term of office. Recorder. Section 11. Section 58 of said Act is hereby amended by adding thereto a section designated as section 58(a), reading as follows: Section 58(a). The city council of the City of Baxley and the City of Baxley shall have full power and authority to extend water and sewerage lines, pipes and services beyond the city limits within the confines of Appling County, provided the consent of the owners of the property over and through which said pipes and lines are extended are obtained, or said property is condemned for that purpose as provided by law, and the city council and the City of Baxley shall have full authority and control and jurisdiction over said pipes and lines and the right, among other rights, to enter upon the property for the repair and replacement of same and the right to make such charges for water and sewer services furnished as within the discretion of the city council may seem proper and just. Utilities. Section 12. Section 61 of said Act is hereby amended by adding thereto a section designated as section 61(b), reading as follows:

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Section 61(b). The city in its corporate name shall be authorized to have, own and possess such real and personal property as within the discretion of the city council may seem proper for it to acquire, including but not limited to, real property located outside the city limits of the city so long as same is located in Appling County, Georgia. The city shall at all times have control and jurisdiction of all property owned by it and the right to sell, dispose of and lease such property in such manner as within the discretion of the city council may appear to the best interest of the city, providing a resolution authorizing the disposition, sale or lease of such property shall be adopted by the city council in a regular meeting and be spread upon the minutes of meetings of the city council. Property. Section 13. Not less than fifteen nor more than thirty days after the approval of this Act by the Governor, or after it becomes law, it shall be the duty of the mayor of the City of Baxley to issue a call for an election in the city for the purpose of submitting this Act to the voters of the City of Baxley for its approval or rejection. Citizens of Baxley qualified to vote in election held in December 1960 to elect members of the city council shall be qualified to vote in this election. The date of the election shall be set in said call for a date not less than twenty days nor more than thirty 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 week during which the election is to be held in the Baxley News Banner, a newspaper published in the City of Baxley. The ballots used in said election shall have printed thereon the words: ForApproval of the Act to amend the Charter of the City of Baxley. AgainstApproval of the Act to amend the Charter of the City of Baxley. The election shall be held in the same manner as now provided by the City of Baxley for the holding of elections to elect members of the city council except that the polls shall remain open between the hours of seven a.m. and six p.m. o'clock. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote to reject the Act shall vote against approval.

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If a majority of those persons voting in such election vote against approval of the Act, then it shall not become effective, shall be void and of no force and effect. The expense of such election shall be borne by the City of Baxley. It shall be the duty of the election managers to canvas the returns and declare and certify the results of the election to the Clerk of the City of Baxley and to the Secretary of State of the State of Georgia. Referendum. Section 14. All Acts and parts of Acts, laws and parts of laws, in conflict with the provisions of this Act be and the same are hereby repealed. Notice. Georgia, Appling County. Notice is hereby given that the undersigned, at the request of the mayor and council of the City of Baxley, Georgia, will apply to the 1961 regular session of the General Assembly of Georgia for the passage of legislation entitled, An Act to amend an Act to create and establish a new charter for the City of Baxley, approved August 21, 1911, and all Acts amendatory thereto, providing for: The election of six (6) members of the council of the City of Baxley, their terms of office, salaries, duties, powers and authority; the selection of a mayor of the City of Baxley by members of the city council from among its members, his term of office, salary, duties, powers and authority; the appointment of a city manager by the city council, his term of office, duties, salary, powers and authority; the establishment of a recorders court and appointment of a recorder by the city council, his term of office, salary, duties, powers and authority; the hours during which the polls shall be kept open at elections held in and for the City of Baxley; the qualifications of voters; extension of water and sewerage lines, pipes and services beyond the City Limits, and jurisdiction of same, and the right in the City of Baxley to own real property beyond and outside the corporate limits of the City of

Page 2209

Baxley provided same is located in Appling County, Georgia; for the repeal of laws in conflict therewith, and for a referendum prior to the effective date of the proposed Act. Signed this 22nd day of December, 1960. /s/ W. C. Parker, Representative. Georgia, Appling County. In person before the undersigned officer appeared Albert S. Jenkins, who being duly sworn on oath says and certifies that he is the owner, manager and publisher of the Baxley News Banner, the newspaper published in Appling County and having general circulation in said County and the City of Baxley, the City of Baxley being the county site of Appling County, and that the foregoing and attached notice of proposed legislation amending the charter of the City of Baxley was published in said Baxley News Banner on the dates of December 29, 1960, January 5, 1961 and January 12, 1961. Sworn to and certified by me this 19th day of January, 1961. /s/ Albert S. Jenkins. Sworn to and subscribed before me this 19th day of January, 1961. /s/ Clementine K. Smith, Notary Public. Notice. Georgia, Appling County: Notice is hereby given that the undersigned, at the request of the mayor and council of the City of Baxley, Georgia, will apply for the passage of legislation entitled An Act to amend an Act to create and establish a new

Page 2210

charter for the City of Baxley, approved August 21, 1911, and all Acts amendatory thereto, providing for: The election of six (6) members of the council of the City of Baxley, their terms of office, salaries, duties, powers and authority; the selection of a mayor of the City of Baxley by members of the city council from among its members, his term of office, salary, duties, powers and authority; the appointment of a city manager by the city council, his term of office, duties, salary, powers and authority; the establishment of a recorder's court and appointment of a recorder by the city council, his term of office, salary, duties, powers and authority; the hours during which the polls shall be kept open at elections held in and for the City of Baxley; the qualifications of voters; extension of water and sewerage lines, pipes and services beyond the city limits, and jurisdiction of same, and the right in the City of Baxley to own real property beyond and outside the corporate limits of the City of Baxley provided same is located in Appling County, Georgia; for the repeal of laws in conflict therewith, and for a referendum prior to the effective date of the proposed Act. Signed this 22nd day of December, 1960. /s/ W. C. Parker, Representative. Approved March 6, 1961. CITY OF NEWNANAUTHORITY TO CLOSE NAMED STREET. No. 64 (House Bill No. 383). An Act to amend an Act creating a new charter for the City of Newnan, in the County of Coweta, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, so as to authorize the city governing authority to close

Page 2211

Goodrum Place and to execute the necessary deeds to the adjoining property owners for one-half of the street adjacent to said owners upon such terms and restrictions as the mayor and council may determine; 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 Newnan, in the County of Coweta, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, is hereby amended so as to authorize and direct the City of Newnan, by and through its mayor and council, to close Goodrum Place, and to execute to the adjoining property owners of said street or place, one-half of the street or place which is adjacent to the property owners, upon such terms and restrictions as the mayor and council may determine. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that a Bill will be introduced at the 1961 session of the General Assembly of Georgia amending the city charter of the City of Newnan so as to give the mayor and alderman of the City of Newnan the authority to close Goodrum Place and also to give the mayor and alderman authority to convey by fee simple deed the land in said street to the adjoining land-owners upon such terms and restrictions as the mayor and alderman may determine; and for other purposes. /s/ Henry N. Payton, /s/ George W. Potts, Representatives, Coweta County. No. 19-1-12-19-26/2-2. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry N.

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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. 12, 19, 26, 1961. /s/ Henry N. Payton, Representative, Coweta County. Sworn to and subscribed before me this 31st day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 6, 1961. CITY OF BRUNSWICKCHARTER AMENDED. No. 65 (House Bill No. 404). An Act entitled An Act to amend the charter of the City of Brunswick, Georgia; to set forth the duties of the tax assessor of said city; to provide for the time for making tax returns; to provide for the taxing and sale of unreturned property; to provide for the giving of notice of transfer of property on the tax rolls; to provide for the arbitration of tax assessments; to authorize the conveyance of interests in hospital property to Glynn County; to provide for license charges for businesses and occupations; to provide for a garbage collection and disposal service charge for commercial establishments; to provide for a sewer service charge; to empower the commission of said city to close streets, lanes and alleys; and for other purposes. Be it enacted by the General Assembly of the State of

Page 2213

Georgia, and it is hereby enacted by authority of the same, to-wit: Section 1. That it shall be the duty of the tax assessor to assess all real and personal property in said city at a true and fair valuation. He shall take the following oath: I,, do solemnly swear that I will faithfully perform the duty of tax assessor for the City of Brunswick, and will make a true and just valuation of all property assessed. It shall be the duty of the assessor to assess and value annually all real estate and personal property in said city liable for taxation at a true and just valuation, and to enter his assessment of the same in a book to be kept for that purpose, and return the same to the commission of said city, and file it with the secretary of the commission of said city on or before the first day of May of each and every year; in which return he shall describe the real property assessed by number, metes and bounds, or other sufficient description, so as to give a sufficient identification thereof, and he may describe and assess the personal property therein in a solid lump, as personal property of such and such value, or by items, or by classification, with reference to the general character of the specifics in which the property may consist, or otherwise, in his discretion. Tax assessor. Section 2. That section 2 of an Act entitled An Act to amend the charter of the City of Brunswick Georgia; * * * and for other purposes, approved March 10, 1959 (Ga. L. 1959, p. 2745 and 2746, 2747) is hereby amended in the following respects: (a) As to the reenactment as amended of section 3, by substituting the words and figures 15th day of April for the words and figures 20th day of March as the same appear on the thirteenth and fourteenth lines on page 2747 of said Georgia Laws of 1959, so that the same as hereby amended shall read as follows: Sec. 3. The date of making all tax returns in said city is hereby changed so as to begin on the first day of

Page 2214

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 15th day of April 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. Section 3. That if, on the first day of April of any year, there is any such real estate in said city which has not been so returned by the owner or claimants thereof, it shall be the duty of the secretary of the commission of said city to issue an execution against said real estate which has not been so returned by the owner or owners thereof, as nonreturned property, which execution shall plainly describe the property against which it is issued so as to sufficiently and with reasonable certainty identify the same, and it shall be directed to the marshal of the City of Brunswick, requiring him to levy upon that particular property, and out of the same to make by levy and sale the amount of the taxes due on said property for that year; and the sale of nonreturned property shall be advertised once a week for four weeks before the day of sale, and when any property is sold as nonreturned property as aforesaid, when the same was not returned and the terms hereof authorizing such sale shall have been fully complied with, and if the same is not redeemed within the time hereinafter mentioned, then the sale of the same shall absolutely and entirely divest the claim and title to the same from all persons before and at the time of such sale claiming or owning the same or any interest therein, and shall vest the title thereto absolutely

Page 2215

and unconditionally in the purchaser at such sale, and his heirs and assigns. Unreturned, property. Section 4. That all persons claiming or owning property of every or any nature and sort, in the limits of said city, or who is engaged in any sort of business, shall, on or before the first day of April of each and every year, make such a return of the same to the secretary of the commission for taxation, together with the value of the same, under oath, as may be prescribed by ordinance of the city commission; provided, that any person making return of real property, at any time in the future, may at the time of making such return, with the consent of the city commission, direct, in writing, that his return, as to the parcels of real estate included therein, shall stand and be his return of the same for every year thereafter, and until he shall alter such, his return, by adding other parcels thereto, or striking therefrom some of the parcels included in the same. It shall be the duty of persons transferring or acquiring real property, after the same has been so returned, to notify the secretary of the commission, in writing, of the fact of such transfer and the names of the transferror and the transferee, before the first day of March following such transfer, and in case the secretary of the commission shall not be notified of the transfer of real property, then the same may be taxed as the property of the person last returning the same and shall be subject in like manner as if no transfer had been made. Returns of property. Section 5. That section 45 of an Act entitled An Act to amend the charter of the City of Brunswick, * * * and for other purposes, approved August 11, 1920 (Ga. L. 1920, p. 757, 789), be and the same is hereby repealed, and the following is enacted in lieu thereof: Section 45. If the owner or agent of any property shall be dissatisfied with the assessment thereof by the tax assessor, he shall have the right to ask for an arbitration of the assessment by giving a written notice to the tax assessor within seven days after April fifteenth in any year of his desire to arbitrate, and naming his arbitrator.

Page 2216

The tax assessor shall, within three days after such notice is given him, name an arbitrator for the city. The two arbitrators shall within three days thereafter select a third, and the written decision of two out of the three shall finally determine the assessment to be placed on such property for that year. Such award by a majority must be made within ten days after the selection of the third, or the assessment made by the tax assessor shall stand. The award shall not be in excess of the amount fixed by the tax assessor nor less than the amount claimed by the complainant. In the event the two arbitrators provided for in this section fail to name a third within three days after the naming of the city's arbitrator, such third arbitrator shall be named by the Judge of the City Court of Brunswick, or, in his absence, by the Judge of the Superior Court of Glynn County. Before entering upon a hearing, the arbitrators shall take an oath before the city tax assessor, who is hereby authorized to administer such oaths, that they will faithfully and impartially make a true and just assessment award of the tax returns and property in question, and will determine the matters submitted to them, according to law and justice and the equity of the case. Said arbitrators shall have full power and authority to summon witnesses and to compel witnesses to answer all questions that may be legal or pertinent to the matter under investigation. Arbitration. Section 6. That from and after the passage of this Act, the City Commission of the City of Brunswick, Georgia, is authorized and empowered to convey to Glynn County, with or without public advertisement and bids, for such consideration and under such conditions, terms and restrictions, as the city commission may deem best, all or any undivided interest in or to such real or personal property, or any part thereof, which the said city now has or may hereafter have, and uses or retains for use, for hospital purposes. Property for hospital use. Section 7. That section 4 of an act entitled An Act to amend the charter of the City of Brunswick, Georgia; * * * and for other purposes, approved February 17,

Page 2217

1950 (Ga. L. 1950, p. 2770, 2773-2774), is hereby amended by striking the words: not exceed one thousand dollars per annum on each place of business or occupation; but this provision shall not apply to occupation taxes for the sale of beer, wine and alcoholic beverages; the occupation tax upon which shall be limited in amount only where limited by State law, appearing on the last five lines of this section in the published Acts of the 1950 session, and substituting in lieu thereof the words be in such amount per annum on each place of business or occupation as determined by ordinances adopted by said city commission; so that said section of said Act shall read as follows: Section 4. That the commission of the City of Brunswick is hereby vested with full authority and power to levy and collect such taxes on the inhabitants of said city, and those who hold taxable property within the same, and those who transact or offer to transact business therein, as said city commission may deem expedient for the safety, benefit, convenience and advantage of said city, and may enforce the payment of such taxes in such manner as said city commission may prescribe, or as heretofore or hereafter prescribed in the charter of the said city and Act amendatory thereto. Besides real and personal property, the said city commission may tax capital invested in said city, stocks in money corporations, choses in action, incomes and commissions derived from the pursuit of any profession, faculty, trade or calling, dividends, banks, insurance, express and other like companies or their agencies, and upon all other property or sources or profit not expressly prohibited or exempted by the laws of the State or of the United States, thus to raise such sum of money as may be necessary for the safety, convenience, benefit and interest of said city, the maintaining the municipal government and the payment of the debts thereof, and to levy a special tax upon the taxable property in said city, for the purpose of maintaining the public schools of said city within the corporate limits of the same, not more than is limited by the Constitution of the State of Georgia for such purposes

Page 2218

annually, as proved in section 4 of an Act amending the charter of the City of Brunswick, approved February 9, 1949, appearing in Ga. Laws 1949, pages 341-342; provided, however, that the rate of ad valorem taxation for ordinary current expenses, not including said special tax for public school purposes, as aforesaid, shall not exceed one and one-half of one per centum upon a fair valuation of the property taxed, and provided further that on occupations the taxes levied by the City of Brunswick shall be in such amount per annum on each place of business or occupation as determined by ordinances adopted by said city commission. Section 8. This section 3 of an Act entitled An Act to amend the charter of the City of Brunswick, Georgia; * * * and for other purposes, approved March 10, 1959 (Ga. L. 1959, p. 2745, 2747-2748), is hereby stricken, and in lieu thereof, the following is enacted: Section 3. The City of Brunswick, Georgia, through its governing authority, the commission of said city, shall by ordinances have full power and authority, in addition to all other 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 a garbage collection and disposal service charge for such services rendered to commercial establishments by said city; and said city, through its governing authority, shall have full power and authority to enact such ordinances as may be necessary to enforce the payment of such service charges, and shall have full power and authority, through its governing authority, to enact and enforce ordinances to provide for the manner and method of collecting such service charges. Service charges. Section 9. That the City of Brunswick, Georgia, acting by and through its governing body, the city commission, is hereby authorized to levy a fee or charge as necessary to assure the acquisition, construction, equipping, operating, maintaining and extending of a sewage disposal plant and sewage system, and, in its discretion, to levy on the users of sewers and the sewage system

Page 2219

a sewer service charge for the use of sewers; and as well to contract with the governing body of the County of Glynn relative to the establishment, construction, maintenance, operation, financing, administration and use of such sewerage system and sewage disposal, including the aforesaid sewage disposal plant, and such contract may include provisions relating to the joining of the aforesaid system to any system now or hereafter created in or by the County of Glynn. Said city, through its governing authority, shall have full power and authority to enact such ordinances as may be necessary to provide for the manner and method of collecting such service charge and for enforcing payment of the same. Sewerage system. Section 10. That in the event the City of Brunswick, Georgia, acting by and through its city commission as the governing authority of said city, shall at any time determine that any street, lane, alley, avenue or sidewalk, or any part of the same, is not needed for street purposes, full power and authority is hereby expressly granted to the said city commission to close any such street, lane, alley, avenue or sidewalk, or any part of the same. After closing such street, lane, alley, avenue or sidewalk, or any part of the same, the City of Brunswick may retain title to such closed portions thereof, or may, in the discretion of the city commission, convey, sell, exchange or lease any portion or portions or all of such closed portion or portions of streets, lanes, alleys, avenues, or sidewalks, for such consideration, with such restrictions, 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 city commission, with the written concurrence of the city manager. Before any street, lane, alley, avenue or sidewalk or any part of the same is closed, a resolution shall be adopted at a regular meeting of the said city commission, accurately describing such street, lane, alley, avenue or sidewalk or any part of the same, so

Page 2220

proposed to be closed, which resolution shall thereupon be published in the newspaper in which marshal's sales are advertised, once a week for four weeks before such closing is formally done by the said commission. Thereupon, if at the end of such publication, no objection is made, the said city commission can proceed by resolution to close such street, lane, alley, avenue or sidewalk, or any part of the same. If, however, objection is made by any citizen or property owner of the City of Brunswick, a full hearing shall be given such objection before such resolution is adopted. Authority to close streets, etc. The provisions of this section shall be cumulative and not exclusive and shall not repeal or affect in any manner the provisions of Section 3 of an Act entitled An Act to amend the charter of the City of Brunswick, Georgia; * * * and for other purposes, approved August 13, 1929 (Ga. L. 1929, p. 895, 896-897), which shall remain in full force and effect. Section 11. That sections 1 through 5 of this Act shall become effective from and after January 1, 1962, and all other sections of this Act shall become effective upon passage and approval of this Act. Effective date. Section 12. That should any clause, portion or section of this Act be declared unconstitutional 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 13. That all laws or parts of laws in conflict with the provisions hereof be, and the same are hereby, repealed. Section 14. 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 editor of The Brunswick News, to the effect that the notice of intention to apply for local legislation, a copy of which is attached to such affidavit, was published in The

Page 2221

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 14, 21 and 28, 1961. State of Georgia, County of Glynn. Before me, the undersigned, a notary public, this day personally came C. H. Leavy, Jr., who being first duly sworn, according to law, says that he is the editor and general manager of the Brunswick News Publishing Company, publishers of The Brunswick News, official newspaper published at Brunswick, Georgia, in said county and State, and that the publication of which the annexed is a true copy, was published in said newspaper on the 14, 21, and 28 days of January, 1961, as provided by law. /s/ C. H. Leavy, Jr. Sworn to and subscribed before me, this 8 day of January, 1961. /s/ Mildred C. Parker, Notary Public, Glynn County, Georgia. (Seal). Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia, which convened on January 9, 1961, a local bill to be entitled: An Act entitled An Act to amend the charter of the City of Brunswick, Georgia; to set forth the duties of the tax assessor of said City; to provide for the time for making tax returns; to provide for taxing and sale of unreturned property; to provide for the giving of notice of transfer of property on the tax rolls; to provide for the arbitration of tax assessments; to authorize the conveyance of interests in hospital property to Glynn County; to provide for license charges for businesses and occupations; to provide for a garbage collection and

Page 2222

disposal service charge for commercial establishments; to provide for a sewer service charge; to empower the commission of said city to close streets, lanes and alleys; and for other purposes. This January 13, 1961. City of Brunswick, Georgia /s/ H. B. Lovvorn, City Manager. 1/14, 21, 28 Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia, which convened on January 9, 1961, a local bill to be entitled: An Act entitled An Act to amend the charter of the City of Brunswick, Georgia; to set forth the duties of the tax assessor of said city; to provide for the time for making tax returns; to provide for taxing and sale of unreturned property; to provide for the giving of notice of transfer of property on the tax rolls; to provide for the arbitration of tax assessments; to authorize the conveyance of interests in hospital property to Glynn County; to provide for license charges for businesses and occupations; to provide for a garbage collection and disposal service charge for commercial establishments; to provide for a sewer service charge; to empower the commission of said city to close streets, lanes and alleys; and for other purposes. This January 13, 1961. City of Brunswick, Georgia /s/ H. B. Lovvorn, City Manager. 1/14, 21, 28 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William

Page 2223

R, Killian and Winebert D. Flexer, who, on oath, depose and say that they are representatives from Glynn County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of said County, on the following dates: January 14, 21 and 28, 1961. /s/ William R. Killian, Representatice, Glynn County. /s/ Winebert D. Flexer, Representative, Glynn County. Sworn to and subscribed before me, this 1st day of February, 1961. /s/ Janette Hirsch, Notary Public. (Seal). Approved March 6, 1961. GREENE COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 66 (House Bill No. 409). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, by an Act approved February 14, 1958 (Ga. L. 1958, p. 2205), so as to provide that the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia shall be comprised of four commissioners; to provide the manner of election of the members of said board; to provide that one commissioner shall be elected from the county at large; to provide that three members of said board shall be elected from designated districts; to provide

Page 2224

for a chairman of said board; to provide for commissioner districts; to provide certain qualifications for members of said board; to define their terms of offices; to provide the manner in which vacancies shall be filled; to require the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia to publish in the legal organ of said county, a monthly report or statement in detail of their expenses and disbursements of county funds and the amount of money owed by said county and to whom; to provide payment for the publishing of said report or statement; to provide and define 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. An Act creating the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, by an Act approved February 14, 1958 (Ga. L. 1958, p. 2205), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia is hereby created. Said board shall consist of four members who shall be freeholders and qualified voters of said county and otherwise eligible to hold county office. Board. Section 2. Said Act is further amended by striking section 2 of said Act in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted by the authority aforesaid, that the County of Greene, for the purpose of electing three members of said board, is hereby divided into three commissioner districts as follows:

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`Commissioner District No. 1 shall be composed of the following militia districts: Militia District #143, (Greensboro) Militia District #145, (Greshamville) Districts. Militia District #146, (Oakland) Militia District #147, (Macedonia) Militia District #149 (Wreys also known as Wreyswood) Militia District #161, (Salem) Militia District #163, (Walkers) `Commissioner District No. 2 shall be composed of the following militia districts: Militia District #137, (Flukers) Militia District #138, (Woodville) Militia District #140, (Union Point) Militia District #148, (Penfield) `Commissioner District No. 3 shall be composed of the following militia districts: Militia District #141, (Reynolds) Militia District #142, (Siloam) Militia District #144, (White Plains) Militia District #160, (Liberty) Militia District #162, (Ruth) and there shall be one member of the board elected from each of the three commissioner districts, and any person, in order to be eligible to serve as a member of the board from any such district must be a resident of the district from which he offers as a candidate for a period of not less than twelve months next preceding the date of the election of such commissioners, and there shall be one

Page 2226

member of the board elected from the county at large, and any person, in order to be eligible to serve as a member of the board from the county at large, must be a resident of the county for a period of not less than twelve months next preceding the date of the election of such commissioners. The member of said board elected from the county at large shall be chairman of said board, provided, however, that in the event the office of the commissioner elected from the county at large, becomes vacant and a member of the board is selected, as provided in this Act, the board shall elect a chairman for the unexpired term. Chairman. Section 3. Said Act is further amended by striking section 3 of said Act in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. Be it further enacted by the authority aforesaid, that the commissioner nominated and elected from the county at large as provided in this Act shall be nominated and elected by the qualified voters of Greene County, and the three commissioners nominated and elected, as provided in this Act, shall be nominated and elected by the qualified voters from their respective commissioner districts only, and not by the votes of the entire county. Provided, however, that the members of the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia who were nominated, elected, and took office on January 1, 1961, shall serve for terms for which they were nominated and elected. Election of Commissioners. Section 4. Said Act is further amended by adding a new section thereto to be known as section 3 A to read as follows: Section 3 A. Be it further enacted by the authority aforesaid, that the four commissioners comprising the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia, as provided in this Act, shall be elected at the general election in 1962 and the said commissioners elected shall take office on January 1, 1963, and their terms of office shall expire on January 1,

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1965 or at such time thereafter as their successors are elected and qualified. Their successors shall thereafter be elected for a term of four years in the same manner and at the same election as county officers are elected in Greene County, held next preceding the expiration of the term of office, for a term of office which shall expire on January 1, dating four years from the expiration of the term ending January 1, 1965 or from a subsequent four year term. Elections, terms. The nominations and elections of said commissioners shall be held under the same rules, regulations and laws as apply to the election of county officers in and for Greene County unless otherwise provided by this Act. Section 5. Said Act is further amended by adding a new section thereto to be known as section 3 B to read as follows: Section 3 B. (a) Be it further enacted by the authority aforesaid that in the event a vacancy occurs, as herein stated, and the unexpired term be for one (1) year or less, the remaining members of the board shall select a person to fill said vacancy from the county at large, if the vacancy that has occurred is the office of the commissioner elected from the county at large, and if the vacancy that has occurred is the office of a commissioner elected from a commissioner district, the remaining members of the board shall select a person to fill said vacancy from the district in which the vacancy occurs, and the person so selected shall serve as a member of said board for the unexpired term. Vacancies. (b) In the event a vacancy occurs, as herein stated, and if the vacancy that has occurred is the office of the commissioner elected from the county at large and the unexpired term shall be for more than one (1) year, the Ordinary of Greene County, within ten (10) days after said vacancy occurs, shall call a special election. At such election, all the qualified voters of Greene County shall be eligible to vote. Such election shall be held on a day not less than ten (10) nor more than fifteen (15) days

Page 2228

from the issuance of the call. The Ordinary shall conduct such election and the person so elected shall serve as a member of said board for the unexpired term. (c) In the event a vacancy occurs, as herein stated, and if the vacancy that has occurred is the office of the commissioner elected from a commissioner district, and the unexpired term be for more than one (1) year, the Ordinary of Greene County, within ten (10) days after said vacancy occurs, shall call a special election. At such election, all the qualified voters of the district wherein such vacancy exists shall be eligible to vote, and the person elected shall be from the district wherein the vacancy occurs. Such election shall be held on a day not less than ten (10) nor more than fifteen (15) days from the issuance of the call. The Ordinary shall conduct such election and the person so elected shall serve as a member of said board for the unexpired term. Section 6. Said Act is further amended by adding a new section thereto to be known as section 3 C. to read as follows: Section 3 C. A majority of the commissioners shall constitute a quorum for the transaction of business, the chairman shall be counted in determining a quorum. The chairman shall be entitled to vote in the same manner as other members of the board and in the event of a tie vote on any matter, the matter shall be approved by the board. Quorum, voting. Section 7. Said Act is further amended by adding a new section thereto be known as section 3 D. to read as follows: Section 3 D. The Board of Commissioners of Roads and Revenues in and for Greene County, Georgia shall monthly publish in the legal organ of Greene County, a monthly report or statement in detail of the expenses and disbursements of the funds of Greene County and at the same time shall publish a full statement of the amount

Page 2229

of money that is owed by Greene County and to whom. The costs of publishing the report or statement as required by this section shall not exceed $30.00 and shall be paid from county funds. Reports. Section 8. Said Act is further amended by striking section 7 in its entirety and inserting in lieu thereof the following: Section 7. Be it further enacted by the authority aforesaid, that the chairman shall be compensated in the amount of $2,400 per annum to be paid in equal monthly installments. The other members of the board shall receive $20.00 per diem for each regular meeting and such other per diem as the board may determine for each special or called meeting of the board not to exceed $20.00 per meeting. No other compensation or per diem shall be paid except actual travel expenses when traveling outside the limits of the county, which expenses shall be paid upon proper itemized vouchers. The compensation, per diem, and expenses provided herein shall be paid from the funds of Greene County. Compensation. Section 9. The terms of this Act, except section 7 thereof, shall not become effective until the expiration of the terms of offices of the present members of the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia, who were nominated and elected during the year 1960, and who took office on January 1, 1961, except that the members elected to the Board of Commissioners of Roads and Revenues in and for Greene County, Georgia in the year 1962, and thereafter, shall be elected as provided in this Act. Section 7 of this Act shall become effective upon its approval by the Governor or its otherwise becoming law. Effective dates. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced

Page 2230

at the January 1961 session of the General Assembly of Georgia, a bill to provide for election of members of the Board of Commissioners of Roads and Revenues of Greene County by the people; to provide commissioner districts; to provide for compensation, and for other purposes. This 21st day of December, 1960. /s/ A. P. Roper, Representative, Greene County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen P. Roper, who, on oath, deposes and says that he is representative from Greene County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Journal, which is the official organ of said county, on the following dates: December 23 and 31, 1960, January 6, 1961. /s/ Allen P. Roper, Representative, Greene County. Sworn to and subscribed before me this 1st day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1961. (Seal). Approved March 6, 1961.

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MADISON COUNTYCOMPENSATION OF CLERK OF COMMISSIONER OF ROADS AND REVENUES. No. 67 (House Bill No. 68). An Act to amend an Act to create the Office of Commissioner of Roads and Revenues for the County of Madison, approved August 17, 1914 (Ga. L. 1914, pp. 316-322), as amended by an Act approved August 8, 1916 (Ga. L. 1916, pp. 462-463), as amended by an Act approved February 17, 1937 (Ga. L. 1937, p. 1937, pp. 1369-1374), as amended by an Act approved February 3, 1939, (Ga. L. 1939, pp. 653-656), as amended by an Act approved February 2, 1945 (Ga. L. 1945, pp. 554-556), to provide that the salary of the clerk of the commissioner of roads and revenues be increased from $750.00 to $180.00 per annum. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same: Section 1. That the Act creating the office of Commissioner of Roads and Revenues of Madison County, Georgia, approved August 17, 1914 (Ga. L. 1914, pp. 316-322), amended as aforesaid, and the amendment thereto, approved February 2, 1945 (Ga. L. 1945, pp. 554-556) (Ga. L. 1952, pp. 2507-2510). Be, and the same is amended as follows: By striking the words ($1800.00) per annum in the third line in paragraph 2 of section 1 of said Act of 1952, page 2508, so that said amendment shall read as follows: Be it further enacted by the authority aforesaid that the commissioner shall appoint a clerk whose salary shall be fixed in an amount of $2600.00 year, which salary shall be paid monthly out of the county treasury. Section 2. All laws and parts of laws in conflict herewith are hereby repealed.

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Notice. Georgia, Madison County: Notice is hereby given that at the next session of the General Assembly of Georgia, which convenes on the second Monday in January, 1961, there will be introduced a local bill to amend the Act to create the office of Commissioner of Roads and Revenues for the County of Madison, approved August 17, 1914, Georgia Laws 1914, pages 316-22, as amended by an Act approved August 8, 1916, Georgia Laws, 1916, pages 462-63, as amended by an Act approved February 17, 1937, Georgia Laws 1937, pages 1369-1374, as amended by an Act approved February 3, 1939, Georgia Laws 1939, pages 653-56, as amended by an Act approved February 2, 1945, Georgia Laws, 1945, pages 554-56, the purpose of said amendment being to amend section 1, of Georgia Laws, 1952, pages 2507, 2510, to provide that the salary to the clerk to the commissioner of roads and revenues, that the amount of the salary of said clerk can be fixed at the discretion of the county commissioner and advisory board for Madison County, Georgia, at any regular meeting of said county commissioner and advisory board for Madison County, and to repeal the provision in said Act that limits the salary of said clerk to $1800, per year. December 9, 1960. Georgia, Madison County. This is to certify that the within and foregoing notice was published and posted on the bulletin board in the courthouse, Danielsville, Georgia, Madison County. The same having been posted December 9, 1960 and the same has been posted on bulletin board for thirty days. Given under the official signature and seal of my office, this the 10th day of January, 1961. /s/ Coke Davis, Ordinary, Madison County, Georgia. (Seal).

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Notice. Georgia, Madison County: Notice is hereby given that at the next session of the General Assembly of Georgia, which convenes on the second Monday in January 1961, there will be introduced a local bill to amend the Act to create the office of Commissioner of Roads and Revenues for the County of Madison, Approved August 17, 1914, Georgia Laws 1914, pages 316-22, as amended by an Act approved August 8, 1916, Georgia Laws, 1916, pages 462-63, as amended by an Act approved February 17, 1937, Georgia Laws, 1937, pages 1369-1374, as amended by an Act approved February 3, 1939, Georgia Laws, 1939, pages 653-56, as amended by an Act approved February 2, 1945, Georgia Laws 1945 pages 554-56, the purpose of said amendment being to amend section 1, of Georgia Laws, 1952, pages 2507, 2510, to provide that the salary of the clerk to the commissioner of roads and revenues, that the amount of the salary of said clerk can be fixed at the discretion of the county commissioner and advisory board for Madison County, Georgia, at any regular meeting of said county commissioner and advisory for Madison County, and to repeal the provision in said Act that limits the salary of said clerk to $1800.00 per year. December 9, 1960. Georgia, Madison County. Personally before the undersigned authority appeared Jere C. Ayers, who being sworn says on oath that he is the publisher of the Danielsville Monitor, the newspaper in which the sheriff's advertisements for Madison County, Georgia, are published, and that the above and foregoing notice of local bill was published in said newspaper once a week, each week, beginning December 9, 1960 and ending January 6, 1961. /s/ Jere C. Ayers, Publisher.

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Sworn to and subscribed to before me, this the 11th day of January, 1961. /s/ Estelle B. Gordon, N. P. State at Large. (Seal). Approved March 7, 1961. FLOYD COUNTYSALARY ACT OF SHERIFF, CLERK OF SUPERIOR COURT, ORDINARY, AND COMPTROLLER AMENDED. No. 68 (House Bill No. 423). 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

Page 2235

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 change the salary of the Clerk of the Superior Court of Floyd County, Georgia, from $8400.00 per annum to $9,000.00 per annum, to increase the salary of the chief deputy of said clerk from $475.00 per month to $520.00 per month, to increase the salary of the three (3) senior deputies of said clerk from $300.00 per month to $350.00 per month, to increase the number of junior deputies of said clerk from two (2) to three (3), to increase the salary of one junior deputy of said clerk from $250.00 per month to $275.00 per month, to increase the salary of one junior deputy of said clerk from $225.00 per month to $275.00 per month, to provide for a salary of $225.00 per month for the third junior deputy, to increase the salary of the Ordinary of Floyd County, Georgia, from $8400.00 per annum to $9,000.00 per annum, to increase the salary of the clerk of the ordinary from $350.00 per month to $375.00 per month, to increase the salary of the typist of the ordinary from $200.00 per month to $225.00 per month, to increase the salary of the Sheriff of Floyd County from $9,000.00 per annum to $9,600.00 per annum, to increase the number of deputies of the said sheriff, to increase the salary of the chief deputy of said sheriff from $475.00 per month to $520.00 per month, to increase the salaries of four (4) of said deputies from $330.00 per month to $385.00 per month, to provide that one of the deputies of said sheriff to receive the salary of $350.00 per month, to increase the salary of the clerk of said sheriff from $300.00 per month to $350.00 per month, to increase the salary of the typist of said sheriff from $225.00 per month to $250.00 per month, to provide

Page 2236

for the employment of one female as matron of the county jail in charge of female inmates and to perform such other duties as may be assigned to her by the said sheriff at a salary of $250.00 per month, to increase the number of jailors from two (2) to three (3) and to increase the salary of said jailors from $250.00 per month to $260.00 per month, to increase the salary of the comptroller to $6,000.00 per annum and 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: 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

Page 2237

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 now amended, is hereby further amended as follows: Section 1. By striking from sub-section (a) of section 2 the words and figures eight thousand four hundred dollars ($8400.00) and inserting in lieu thereof the words and figures nine thousand dollars ($9,000.00) so that said sub-section (a) of Section 2 when so amended as follows shall read: Section 2. (a) The clerk of the superior court of said county shall be paid a salary of nine thousand dollars ($9,000.00) per annum. Clerk superior court. Section 2. By striking from sub-section (b) of section 2 the words and figures eight thousand four hundred dollars ($8400.00) and inserting in lieu thereof the words and figures nine thousand dollars ($9,000.00) so that said sub-section (b) of Section 2 when so amended as follows shall read: (b) The ordinary of said county shall be paid a salary of nine thousand dollars ($9,000.00) per annum. Ordinary. Section 3. By striking from sub-section (c) of section 2 the words and figures nine thousand dollars ($9,000.00) and inserting in lieu thereof the words and figures nine thousand six hundred dollars ($9,600.00) so that said sub-section (c) of section 2 when so amended as follows shall read: (c) The sheriff of said county shall be paid a salary of nine thousand six hundred dollars ($9600.00) per annum. Sheriff. Section 4. By striking from sub-section (a) of section 8 the words, figures and symbols four hundred seventy-five ($475.00) and inserting in lieu thereof the words,

Page 2238

figures and symbols five hundred twenty ($520.00) so that said sub-section (a) when so amended shall read: (a) One chief deputy at a monthly salary not exceeding five hundred twenty dollars ($520.00) per month. Chief deputy. Section 5. By striking from sub-section (b) of section 8 the words, figures and symbols three hundred dollars ($300.00) and inserting in lieu thereof the words, figures and symbols three hundred fifty dollars ($350.00) so that said sub-section (b) when amended shall read: (b) Three (3) senior deputies, each at a monthly salary not exceeding three hundred fifty dollars ($350.00); and Senior deputies. Section 6. By striking from the first line of sub-section (c) of section 8, as amended, thereof the words, figures and symbols Two (2) and substituting in lieu thereof the word, figures and symbol Three (3), by striking from the first line of said sub-section (c) the word one and substituting in lieu thereof the word two, by striking from said sub-section (c), the words, figures and symbols two hundred fifty dollars ($250.00) and substituting in lieu thereof the words, figures and symbols two hundred seventy five dollars ($275.00) so that said sub-section (c) when so amended shall read: (c) Three (3) junior deputies, two at a monthly salary not exceeding two hundred seventy five dollars ($275.00), per month, and one at a salary not exceeding two hundred twenty five dollars ($225.00) per month. Junior deputies. Section 7. By striking from sub-section (a) of section 9 the words, figures and symbols three hundred fifty dollars ($350.00) and inserting in lieu thereof the words, figures and symbol three hundred eighty five dollars ($385.00) so that said sub-section (a) when so amended shall read: (a) One clerk at a monthly salary not exceeding

Page 2239

three hundred eighty five dollars ($385.00) per month; and Clerk. Section 8. By striking from sub-section (b) of section 9 the words, figures and symbols two hundred dollars ($200.00) and inserting in lieu thereof the words, figures and symbol two hundred twenty five dollars ($225.00) so that said sub-section (b) when amended shall read: (b) One typist at a monthly salary not exceeding two hundred twenty five dollars ($225.00) per month. Typist. Section 9. By striking from sub-section (a) of section 10 the words, figures and symbols four hundred seventy five dollars ($475.00) and inserting in lieu thereof five hundred twenty dollars ($520.00) so that said sub-section (a) when so amended shall read: (a) One (1) chief deputy at a monthly salary not exceeding five hundred twenty dollars ($520.00) per month. Chief Deputy. Section 10. By striking from said sub-section (b) of section 10 the word, figure and symbol Three (3) and inserting in lieu thereof, the word, figure and symbol Four (4) and inserting between the words deputy and each in the first line of said sub-section (b) the word Three by striking from said sub-section (b) the words, figures and symbols three hundred thirty dollars ($330.00) and inserting in lieu thereof the words, figures and symbols three hundred eighty five dollars ($385.00), by striking the semi-colon following the word month in said sub-section (b) in the last line thereof, and inserting after the word month as it appears in the last line of said sub-section (b) the following: and one at a salary not exceeding three hundred fifty dollars ($350.00) per month, so that said sub-section (b), when amended, shall read: (b) Four (4) deputies, three each at a monthly salary not exceeding three hundred eighty five dollars

Page 2240

($385.00) per month, and one at a salary not exceeding three hundred fifty dollars ($350.00) per month; Deputies. Section 11. By striking from sub-section (c) of section 10, the words, figures and symbol three hundred dollars ($300.00) and inserting in lieu thereof the words, figures and symbol three hundred fifty dollars ($350.00), so that said sub-section (c) when amended shall read: (c) One (1) clerk at a monthly salary not exceeding three hundred fifty dollars ($350.00) per month; Clerk. Section 12. By striking from sub-section (d) of section 10, the words, figures and symbol two hundred twenty five dollars ($225.00) and inserting in lieu thereof the words, figures and symbol two hundred fifty dollars ($250.00) so that said sub-section (d) when amended shall read: (d) One (1) typist at a monthly salary not exceeding two hundred fifty dollars ($250.00) per month; Typist. Section 13. By striking from sub-section (e) of section 10, the words, figures and symbols Two (2) and inserting in lieu thereof the words, figures and symbols Three (3) and striking from said sub-section (e) the words, figures and symbols two hundred fifty dollars ($250.00) and inserting in lieu thereof two hundred sixty dollars ($260.00) so that said sub-section (e) when amended shall read: (e) Three (3) jailers, each at a monthly salary not exceeding two hundred sixty dollars ($260.00) per month. Jailers. Section 14. By adding after sub-section (e) of section 10, as amended, and as a part of section 10, a new sub-section as follows: (f) One female, as a matron of the county jail, in charge of female inmates thereof, and to perform such

Page 2241

other duties as may be assigned to her by the Sheriff of Floyd County, at a salary not to exceed two hundred fifty dollars ($250.00) per month. Matron. Section 15. By striking from section 11 the words, figures and symbol five thousand five hundred dollars ($5500.00) and inserting in lieu thereof the words, figures and symbol six thousand dollars ($6000.00) so that said section 11, when amended, shall read: Section 11. In order to assist in the accurate, orderly, co-ordinated and prompt accounting for and collection of the fees, commissions, costs, allowances, funds, moneys, and other emoluments accruing to said offices and belonging to said county, and payment of the operating expenses of offices, said county, by and through said board of commissioners of roads and revenue, is authorized to employ a comptroller at a salary of six thousand dollars ($6,000.00) per annum, payable in twelve (12) equal monthly installments from county funds. Said comptroller shall have the duty and authority to inspect and audit the books, papers and records of each of said officers, and to require each such officer to account for all fees, commissions, costs, allowances, funds, moneys and other emoluments accruing to his office due to said county, and for the operating expenses incurred for his office. Comptroller. Section 16. All laws and parts of laws in conflict herewith are hereby repealed. Section 17. There is attached hereto and made a part of this Bill, marked (Exhibit A) a copy of a notice of intention to apply therefor, accompanied by an affidavit of the author of this bill to the effect that said notice has been published as provided by law. No. 1465 Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the

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General Assembly of the State of Georgia at its Session in January, 1961, for the enactment of Legislation to amend an Act approved February 28, 1956 (Ga. L. 1956 PP. 2754, et seq.), and the several acts amendatory thereof. Said amendment to provide for the mode and amount 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, and the Comptroller. Said amendment to further provide for the employment of additional deputies, Clerks or assistants by said officers and to fix their salaries and provide for the payment thereof and to prescribe their duties and authority, and other related matters, and to repeal all laws and parts of laws in conflict therewith and for other purposes. /s/ J. Battle Hall, Sidney Lowrey, Robert L. Scoggin, As Representatives of Floyd County, Georgia. Jan. 12, 19, 26. Georgia, Floyd County: Personally appeared before the undersigned authority, J. Battle Hall, who, being duly sworn, says on oath that he is the author of the above and foregoing bill, and that the notice, copy of which is attached to and made a part of said bill, has been published in the newspaper in which sheriff's advertisements for Floyd County, Georgia, are published, once a week for three weeks during a period of sixty days immediately preceding the introduction of such bill into the General Assembly, as provided by law. /s/ J. Battle Hall.

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Sworn to and subscribed before me, this 2nd day of February, 1961. /s/ Amelia Smith, Notary Public. (Seal). Approved March 4, 1961. GORDON COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES AND CLERK. No. 69 (House Bill No. 130). An Act to amend an Act creating the office of Commissioner of Roads and Revenue in and for Gordon County, Georgia, approved August 4, 1920, as amended; to increase the compensation of the commissioner to seven thousand two hundred dollars ($7,200.00) per year; to increase the annual traveling expenses of said commissioner to an amount not to exceed one thousand two hundred dollars ($1,200.00); to increase the compensation of the clerk of said commissioner to an amount not to exceed two thousand four hundred dollars ($2,400.00) per year; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Sections 15 and 16 of an Act creating the office of Commissioner of Roads and Revenue in and for Gordon County, Georgia, approved August 4, 1920, as amended, is hereby amended by striking sections 15 and 16 of said Act, amended, in their entirety and by substituting therefor new sections 15 and 16 to read as follows: Section 15. Be it enacted by the authority aforesaid that the compensation of said commissioner shall be seven

Page 2244

thousand two hundred dollars ($7,200.00) per annum, payable monthly at the end of each month. In addition to such compensation, the commissioner shall receive not to exceed one thousand two hundred dollars ($1,200.00) per annum, for ordinary and necessary traveling expenses incurred by him outside the limits of Gordon County, or otherwise, when so traveling in the conduct of or in connection with the business affairs of said county, to be paid at the end of each month upon his itemized statement showing such expenses; provided, however, that said itemized statement shall first be approved by the ordinary of said county. All such payments shall be from the county treasury as aforesaid. Commissioner. Section 16. Be it further enacted by the authority aforesaid that the compensation of the person acting as clerk of said commissioner shall be increased to an amount not to exceed the sum of two thousand four hundred dollars ($2,400.00) in the discretion of said commissioner per annum, payable monthly at the end of each month from the county treasury aforesaid. Clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Gordon County. Notice is hereby given that the undersigned intends to introduce in the 1961 session of the General Assembly of Georgia, a local bill to provide for an increase in the compensation of the Commissioner of Roads and Revenues of Gordon County, Georgia, and for other purposes. This 19th day of December, 1960. /s/ C. L. Moss, Representative Gordon County, Georgia. Georgia, Gordon County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, C. L. Moss,

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who, on oath, deposes and says that he is representative from Gordon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times, which is the official organ of Gordon County, on the following dates: December 12, 22, and 29th, 1960; January 5th, 1961. /s/ C. L. Moss, Representative Gordon County, Georgia. Sworn to and subscribed before me, this 14 day of Jan., 1961. /s/ Calvin Caldwell, Notary Public. My Commission Expires Aug. 5, 1963. (Seal). Approved March 4, 1961. CITY OF BLAKELYCORPORATE LIMITS, REFERENDUM. No. 70 (House Bill No. 103). An Act to amend an Act entitled An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes approved December 18, 1900, as amended by the Act approved December 17, 1902, and by other subsequent Acts, providing for the addition and annexation to the territory of, and the inclusion within the corporate limits of the City of Blakely of the following described territory, to-wit: All that territory within the following bounds: Beginning at the northwest corner of the present city limits of Blakely, and running thence northward in an extension of, and on the same course as, the present west line of the Blakely city limits, the distance of one and onehalf miles; thence eastward parallel with the present north line of the Blakely city limits, the distance of two

Page 2246

miles; thence southward at right angles to the course last run the distance of one and one-half miles to the northeast corner of the present city limits of Blakely; thence westerly along the present north line of the Blakely city limits the distance of two miles to the northwest corner of the present city limits of Blakely, the point of beginning, said territory containing three square miles. Also to provide for a referendum and election in which the qualified registered voters of the territory proposed to be thus added to the City of Blakely may vote on such proposal; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. The Act of the General Assembly of Georgia approved December 18, 1900 (Ga. L. 1900, pp. 219-228), entitled An Act to create and incorporate in the City of Blakely in lieu of the Town of Blakely, and for other purposes, as amended by the Act approved December 17, 1902 (Ga. L. 1902, pp. 347-348), and other subsequent Acts amendatory thereof, is hereby amended as follows: The following described territory, to-wit: All that territory within the following bounds: Beginning at the northwest corner of the present city limits of Blakely, and running thence northward in an extension of, and on the same course as, the present west line of the Blakely city limits, the distance of one and one-half miles; thence eastward parallel with the present north line of the Blakely city limits the distance of two miles; thence southward at right angles to the course last run the distance of one and one-half miles to the northeast corner of the present city limits of Blakely; thence westerly along the present north line of the Blakely city limits the distance of two miles to the northwest corner of the present city limits of Blakely, the point of beginning, said territory containing three square miles, Corporate limits. is hereby added and annexed to and included within the

Page 2247

corporate limits of the said City of Blakely, and the charter and ordinances of said City of Blakely, as the same shall stand and exist as of the effective date of this Act, shall become of full force and effect within and throughout said corporate limits of said city as hereby extended, as of the effective date of this Act. Section 2. This Act, if ratified as hereinafter prescribed, shall become effective at midnight on the 31st day of December, 1961 next. Effective date. Section 3. This Act shall not become effective unless ratified in the manner hereinafter provided by a majority of the qualified registered voters residing in the territory proposed to be hereby added to the City of Blakely at and in a referendum election to be held for that purpose, which election shall be called by the Ordinary of Early County, Georgia, and held and its results determined and published as follows: Immediately upon the passage of this Act, or as soon thereafter as may be praticable, the Board of Registrars of Early County, Georgia, shall, from the voters' book of said county, compile a list of the registered and qualified voters of said county residing within the territory proposed hereby to be added to the City of Blakely, and shall file such list, properly certified by them, with the ordinary, such list to be compiled and filed with said ordinary within 60 days after the passage of this Act. Immediately upon such list being filed with the ordinary, said ordinary shall issue a call for such referendum election for the purposes aforesaid, to be held within 45 days after such call thereof, and of which election at least 30 days' notice shall be given by said ordinary, by publishing notice thereof in the official gazette of said county, and posting a notice thereof at the courthouse door in said county, of the time and place of holding said referendum election, and all the registered and qualified voters residing within the territory proposed hereby to be added to the City of Blakely may vote in said referendum election which shall be held at the regular place of holding elections in the 866th District, Georgia Militia, of Early County, Georgia,

Page 2248

in the Early County Court House in Blakely or at such other place in said Court House as the Ordinary may designate and specify in the published and posted notice of said referendum election hereinabove required, which election shall be otherwise held in the manner provided by law for holding special elections; and ballots shall be provided by the ordinary having printed thereon the words FOR NORTH CITY LIMITS EXTENSION and AGAINST NORTH CITY LIMITS EXTENSION, and shall be the secret, three-piece type ballot such as is used in general elections. The returns of the referendum election hereinabove provided for shall be made by the election managers to the ordinary, who shall canvass the returns and certify and publish the results thereof, and shall transmit his certification of the results thereof to the Secretary of State. If a majority of the votes cast in said referendum election shall be in favor of the ratification of this Act, this Act shall become effective at midnight on the 31st day of December, 1961, next; if a majority of the votes cast in said referendum election shall be against ratification of this Act, then this Act shall not become effective. All of the expenses of said referendum election shall be borne and paid by the City of Blakely. Referendum. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation, North Extension. Georgia, Early County. Notice is hereby given that I intend to introduce, at the January-February Session, 1961, of the General Assembly of Georgia, a bill to be captioned: An Act to amend an Act entitled `an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes,' approved December 18, 1900, as amended by the Act approved December 17, 1902, and by other subsequent Acts, providing for the addition and annexation to the territory of, and the inclusion within the corporate limits of the City of Blakely of

Page 2249

the following described territory, to-wit: All that territory within the following bounds: Beginning at the northwest corner of the present city limits of Blakely, and running thence northward in an extension of, and on the same course as, the present west line of the Blakely city limits, the distance of one and one-half miles; thence eastward parallel with the present north line of the Blakely city limits, the distance of two miles; thence southward at right angles to the course last run the distance of one and one-half miles to the northeast corner of the present city limits of Blakely; thence westerly along the present north line of the Blakely city limits the distance of two miles to the northwest corner of the present city limits of Blakely, the point of beginning, said territory containing three square miles. Also to provide for a referendum and election in which the qualified registered voters of the territory proposed to be thus added to the City of Blakely may vote on such proposal; and for other purposes. This December 19, 1960. /s/ Leon H. Baughman, Representative, Early County. Georgia, Early County. Personally appeared before the undersigned authority A. T. Fleming, who being first duly sworn, on oath says that affiant and W. H. Fleming, as partners, are the publishers of The Early County News, the official gazette of Early County, Georgia, wherein sheriff's advertisements for said county are published, and that the above and foregoing notice of local legislation appeared in said newspaper in the issues of December 22 and 29, 1960, and January 5, 1961, thereof, and was published in said issues of said newspaper, all as contemplated by Paragraph XV, of Section VII of Article III of the Constitution of Georgia of 1945, as amended. /s/ A. T. Fleming.

Page 2250

Sworn to and subscribed before me, this 14th day of January, 1961. /s/ Lowrey S. Stone, Notary Public, Georgia, State at Large. My commission expires Jan. 2, 1963. (Seal). Approved March 4, 1961. FORSYTH COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 72 (House Bill No. 177). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Forsyth County of Georgia approved August 18, 1943 (Ga. L. 1943, p. 965), as amended particularly by Acts approved February 15, 1952 (Ga. L. 1952, p. 2570), and March 17, 1958 (Ga. L. 1958, p. 2435), so as to change the compensation of the members of the board of commissioners of roads and revenues; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Forsyth County of Georgia approved August 18, 1943 (Ga. L. 1943, p. 965), as amended particularly by Acts approved February 15, 1952 (Ga. L. 1952, p. 2570), and March 17, 1958 (Ga. L. 1958, p. 2435), is hereby amended by striking therefrom section 6, in its entirety, and by substituting in lieu thereof a new section 6 to read as follows: Section 6. The office of chairman of the board of commissioners of roads and revenues shall be considered a full-time job, therefore, to adequately compensate said chairman for such service he shall receive a salary of six thousand ($6,000.00) dollars per annum, payable monthly

Page 2251

out of county funds. The compensation of the other members of the board shall be twelve hundred ($1,200.00) dollars per annum, plus ten ($10.00) dollars per diem for each day spent each month in attendance of special called meetings of the board or in actual service inside or outside the county. Said compensation shall be payable monthly out of county funds. Section 2. The provisions of this Act shall become effective on the first day of the month immediately following its passage and approval by the Governor. 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 1961 session of the General Assembly of Georgia, a bill to change the compensation of the chairman and members of the Board of County Commissioners of Forsyth County; and for other purposes. This 16th day of December, 1960. /s/ Roy P. Otwell, Sr., Representative, Forsyth County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy P. Otwell, Sr., who, on oath, deposes and says that he is representative from Forsyth County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News, which is the official organ of said county, on the following dates: December 22, 29, 1960 and January 5, 1961. /s/ Roy P. Otwell, Sr., Representative, Forsyth County.

Page 2252

Sworn to and subscribed before me this 19th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved March 4, 1961. CITY OF CUMMINGCORPORATE LIMITS, REFERENDUM. No. 74 (House Bill No. 431). An Act to amend an Act providing a new charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3001), so as to change the corporate limits of the City of Cumming; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3001), is hereby amended by striking from section 2 of said Act the sentence: The corporate limits of said city shall extend and embrace all that territory lying and being within one mile in every direction from the courthouse now located in said city. in its entirety and inserting in lieu thereof the following sentence:

Page 2253

The corporate limits of said city shall extend and embrace all that territory described in Section 2-A. so that section 2 as amended will read: Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the inhabitants of the territory in which County of Forsyth hereinafter described are hereby incorporated by the name and style of the City of Cumming, a body corporate and politic, with power to govern themselves by such ordinances, resolutions, rules, regulations, and bylaws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this State or of the United States. The corporate limits of said city shall extend and embrace all that territory described in Section 2-A. The said defined territory is hereby incorporated under the name and style of the City of Cumming and the City of Cumming is hereby chartered and given all of the privileges and benefits conferred upon municipalities by the Constitution and laws of Georgia, and by said name and style is established and shall have perpetual succession, and is hereby vested with all the rights, powers and privileges, titles, properties, easements or hereditaments now belonging or in any wise appertaining to the Town of Cumming or to the Mayor and Council of the Town of Cumming as heretofore incorporated, shall be and is hereby vested in the City of Cumming as created by this Act, and the City of Cumming in the County of Forsyth, State of Georgia, created, established, and declared by this Act may in name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a corporate seal, make and enact, through its proper officers hereinafter provided for, such ordinances, rules and regulations for the transaction of its business, and for the welfare and proper government of said city as its mayor and council may deem best, and do all other things necessary to promote the municipal corporate purposes of said city; and the City of Cumming shall be capable in law to purchase, hold, enjoy, receive,

Page 2254

possess, retain, and manage in perpetuity lands, tenements, or hereditaments of every kind and description whatsoever, or any interest in real or personal property, within or without the corporate limits of said city, for corporate purposes, and to sell, lease, alien, convey, exchange, or dispose of the same or any part thereof. The said City of Cumming, created by this Act, is hereby made responsible as a body corporate for the legal debts and liabilities and undertakings of said Town of Cumming as heretofore incorporated; and all ordinances now in force in the Town of Cumming, or the mayor and council thereof, as heretofore incorporated, and not repugnant to the provisions of this charter or the laws of Georgia shall be and are hereby continued in force in said City of Cumming incorporated by this Act. The present Mayor and Council of the Town of Cumming shall continue in office as Mayor and Council of said City of Cumming incorporated under this Act until their present term expires, or their successors are elected and qualified; and all other officers of the Town of Cumming as heretofore incorporated shall continue in office as such officers of the said City of Cumming incorporated under this Act, until their present terms expire, or their successors are elected and qualified, subject, however, to the provisions of this Act with further reference thereto; it being the purpose of this Act to abolish the Town of Cumming heretofore incorporated and establish the City of Cumming hereby incorporated in its stead, to change the name of that territory heretofore known as the Town of Cumming to be henceforth known as the City of Cumming; to create and establish a new charter for said territory and the inhabitants thereof under the corporate name of the City of Cumming hereby established; to have the City of Cumming hereby incorporated to in every way supersede the Town of Cumming heretofore incorporated, and establish same in lieu thereof, and to have the City of Cumming hereby incorporated succeed to all the rights, powers, privileges, and benefits, and to be subject to all the duties, obligations, liabilities, and responsibilities of said Town of Cumming heretofore incorporated. This Act changing the Town of Cumming to the City of Cumming, and

Page 2255

providing a new charter for said City of Cumming; the municipality of Cumming in Forsyth County being and the same is hereby incorporated under the corporate name of the City of Cumming, and said City of Cumming is hereby substituted for the Town of Cumming wherever said municipality is mentioned or referred to in the Constitution or laws of this State and any reference to or mention of said Town of Cumming in the Constitution or laws of Georgia shall henceforth be construed to refer to, mention, and mean the City of Cumming. Section 2. Said Act is further amended by adding to section 2 a new subsection to be known as section 2-A, which shall read as follows: Section 2-A. Beginning at the southwest corner of land lot no. 42, being in the 14th district and running east along the south line of said land lot 42 to the southeast corner of said lot; thence, north along the east original line of lots no's. 42, 41, 40, 39, 38, 37, 36, 35, 34, 33, 32, 31, 30, 29, 28, and to the northeast corner of lot 27; thence, continuing west along the north line of lot 27 to the 3rd and 14th district lines; thence, west along the north original line of land lots no's. 972, 971, 970, 969, 968, 967, 966, 965, and 964 to the northwest corner of said land lot 964; thence, south along the original west line of land lot 964 and 981 to the northeast corner of land lot 1035; thence, along the original north line of said land lots no's. 1035, 1034, 1033, 1032, 1031, 1030, and to the northwest corner of 1029; thence, south along the original west line of land lot no's. 1029, 1060, 1101, 1132, 1173, 1204, 1245, 1276 to the southwest corner of land lot no. 1276 and the 3rd and 2nd district lines, continuing south in the 2nd district along the west line of land lots no's. 16, 57, 88, 129, 160, and 201 to the southwest corner of land lot no. 201; thence, running east along the original south line of land lot no's. 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215 to the southeast corner of land lot no. 216; thence, south along the original 2nd and 14th district lines to the southwest corner of land lot 42 in the 14th district and the point of beginning. Corporate limits.

Page 2256

Section 3. Not less than five (5) nor more than ten (10) 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 Forsyth County to issue a call for an election for the purpose of submitting this Act to the voters of the City of Cumming and the voters of the territory proposed to be annexed, who are qualified to vote as hereinafter provided, for approval or rejection. The Ordinary shall set the date of such election for a day not less than fifteen (15) nor more than twenty (20) 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 Forsyth County. The ballot shall have written or printed thereon the words: For approval of the Act extending the corporate limits of the City of Cumming. Referendum. Against approval of the Act extending the corporate limits of the City of Cumming. All qualified persons desiring to vote in favor of the Act shall vote for approval, and all qualified persons desiring to vote for rejection of the Act shall vote against approval. Any person residing in the territory proposed to be annexed shall be qualified to vote for or against approval of this Act if he was eligible to vote in the November, 1960, general election. Any person residing within the present city limits of Cumming shall be qualified to vote for or against approval of this Act if he was eligible to vote in the December, 1960, city election for mayor and councilmen. If a majority of the votes cast on such question, in each area provided for hereinafter, are for approval of the Act, said Act shall become of full force and effect as of 12:01 a.m., April 1, 1961. If less than a majority of the votes cast on such question, in either of said areas, are for approval of the Act, said Act shall be void and of no force

Page 2257

and effect. The expense of such election shall be borne by Forsyth 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. The Ordinary of Forsyth County and the mayor and councilmen of the City of Cumming shall coordinate the administrative details in regard to the conduction of this election, and they shall have the joint duty of insuring that the votes in the area composed of the territory proposed to be annexed are counted separately from the votes cast by those residing in the area composed of the City of Cumming as it presently exists. The mayor and city councilman of the City of Cumming shall canvass the returns and declare and certify the result of that portion of the election conducted within the existing corporate limits of the City of Cumming to the Ordinary of Forsyth County. It shall be the duty of the Ordinary to canvass the returns from both the city and the territory proposed to be annexed 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 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 1961 session of the General Assembly of Georgia, a bill to provide for the extension of city limits for the City of Cumming and for other purposes. This 9th day of January, 1961. /s/ Roy P. Otwell, Sr., Representative, Forsyth County.

Page 2258

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy P. Otwell, Sr., who, on oath, deposes and says that he is representative from Forsyth County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News, which is the official organ of said county, on the following dates: January 12, 1961, January 19, 1961 and January 26, 1961. /s/ Roy P. Otwell, Sr., Representative, Forsyth County. Sworn to and subscribed before me this 1st day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved March 4, 1961. CITY OF NEWNANDUTIES OF CITY MANAGER. No. 76 (House Bill No. 61). An Act to amend the Act approved March 17, 1960, amending the Charter of the City of Newnan and creating the office of city manager of the City of Newnan (Ga. L. 1960, p. 3020) by amending section 8, subsection (c) by adding, or the Newnan Water, Sewerage and Light Commission; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That section 8, subsection (c) of the Act approved March 17, 1960 (Ga. L. 1960, p. 3020) amending

Page 2259

the charter of the City of Newnan and creating the office of city manager of the City of Newnan be and the same is hereby amended by adding the words, or the Newnan Water, Sewerage and Light Commission, so that said subsection of said section as amended hereby shall read, as follows: Section 8. (c). To exercise administrative control over all regular departments and divisions of the city provided that the city manager shall not have or exercise control over the city Board of Education or the Newnan Water, Sewerage and Light Commission. 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 application will be made at the session of the General Assembly of Georgia which convenes in January, 1961, for the passage of a bill amending the city charter of the City of Newnan and amending in particular the Act approved March 17, 1960, Georgia Laws, 1960 Session, pages 3020-3027 by adding to section 8., subsection (c), the words or the Newnan Water, Sewerage and Light Commission; to repeal conflicting laws, if any, and for other purposes. /s/ W. E. Barron, City Clerk State of Georgia, County of Coweta. Before me, the undersigned, a notary public, this day personally came James A. Thomasson, who, being first duly sworn, according to law, says that he is the publisher of the Newnan Times-Herald, official newspaper published at Newnan, 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 and 29 days of December, 1960, as provided by law. /s/ E. W. Thomasson

Page 2260

Subscribed and sworn to before me, this 10th day of January, 1961. /s/ Virginia D. Millians Notary Public, State of Georgia My Commission expires May 9, 1962. (Seal). Approved March 6, 1961. CITY OF BLAKELYCORPORATE LIMITS, REFERENDUM. No. 77 (House Bill No. 102). An Act to amend an Act entitled An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes approved December 18, 1900, as amended by the Act approved December 17, 1902, and by other subsequent acts, providing for the addition and annexation to the territory of, and the inclusion within the corporate limits of the City of Blakely of the following described territory, to-wit: All that territory within the following bounds: Beginning at the southeast corner of the present city limits of Blakely, and running thence southward in an extension of, and on the same course as, the present east line of the Blakely city limits, the distance of one mile; thence westward parallel with the present south line of the Blakely city limits, the distance of two miles; thence northward at right angles to the course last run the distance of one mile to the southwest corner of the present city limits of Blakely; thence easterly along the present south line of the Blakely city limits the distance of two miles to the southeast corner of the present city limits of Blakely, the point of beginning, said territory containing two square miles. Also to provide for a referendum and election in which the qualified registered voters of the territory

Page 2261

proposed to be thus added to the City of Blakely may vote on such proposal; and for other purposes: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. The Act of the General Assembly of Georgia approved December 18, 1900 (Ga. L. 1900, pp. 219-228), entitled An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes, as amended by the Act approved December 17, 1902 (Ga. L. 1902, pp. 347-348), and other subsequent Acts amendatory thereof, is hereby amended as follows: The following described territory, to-wit: All that territory within the following bounds: Beginning at the southeast corner of the present city limits of Blakely, and running thence southward in an extension of and the same course as, the present east line of the Blakely city limits, the distance of one mile; thence westward parallel with the present south line of the Blakely city limits the distance of two miles, thence northward at right angles to the course last run the distance of one mile to the southwest corner of the present city limits of Blakely; thence easterly along the present south line of the Blakely city limits the distance of two miles to the southeast corner of the present city limits of Blakely, the point of beginning, said territory containing two square miles. Corporate limits. is hereby added and annexed to and included within the corporate limits of the said City of Blakely, and the charter and ordinances of said City of Blakely, as the same shall stand and exist as of the effective date of this Act, shall become of full force and effect within and throughout said corporate limits of said City as hereby extended, as of the effective date of this Act. Section 2. This Act, if ratified as hereinafter prescribed, shall become effective at midnight on the 31st day of December, 1961, next. Effective date.

Page 2262

Section 3. This Act shall not become effective unless ratified in the manner hereinafter provided by a majority of the qualified registered voters residing in the territory proposed to be hereby added to the City of Blakely at and in a referendum election to be held for that purpose, which election shall be called by the Ordinary of Early County, Georgia, and held and its results determined and published as follows: Immediately upon the passage of this Act, or as soon thereafter as may be practicable, the Board of Registrars of Early County, Georgia, shall, from the voters' book of said county, compile a list of the registered and qualified voters of said county residing within the territory proposed hereby to be added to the City of Blakely, and shall file such list, properly certified by them, with the ordinary, such list to be compiled and filed with said ordinary within 60 days after the passage of this Act. Immediately upon such list being filed with the ordinary, said ordinary shall issue a call for such referendum election for the purposes aforesaid, to be held within 45 days after such call thereof, and of which election at least 30 days' notice shall be given by said ordinary, by publishing notice thereof in the official gazette of said county, and posting a notice thereof at the courthouse door in said county, of the time and place of holding said referendum election, and all the registered and qualified voters residing within the territory proposed hereby to be added to the City of Blakely may vote in said referendum election which shall be held at the regular place of holding elections in the 866th District, Georgia Militia, of Early County, Georgia, in the Early County Court House in Blakely, or at such other place in said Court House as the ordinary may designate and specify in the published and posted notice of said referendum election hereinabove required, which election shall be otherwise held in the manner provided by law for holding special elections; and ballots shall be provided by the ordinary having printed thereon the words FOR SOUTH CITY LIMITS EXTENSION and AGAINST SOUTH CITY LIMITS EXTENSION, and shall be the secret, threepiece type ballot such as is used in general elections.

Page 2263

The returns of the referendum election hereinabove provided for shall be made by the election managers to the ordinary, who shall canvass the returns and certify and publish the results thereof, and shall transmit his certification of the results thereof to the Secretary of State. If a majority of the votes cast in said referendum election shall be in favor of the ratification of this Act, this Act shall become effective at midnight on the 31st day of December, 1961, next; if a majority of the votes cast in said referendum election shall be against ratification of this Act, then this Act shall not become effective. All of the expenses of said referendum election shall be borne by the City of Blakely. Referendum. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation South Extenstion. Georgia, Early County: Notice is hereby given that I intend to introduce, at the January-February session, 1961, next, of the General Assembly of Georgia, a bill to be captioned: An Act to amend an Act entitled (an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes', approved December 18, 1900, as amended by the Act approved December 17, 1902, and by other subsequent Acts, by providing for the addition and annexation to the territory of, and the inclusion within the corporate limits of the City of Blakely of the following described territory, to-wit: All that territory within the following bounds: Beginning at the southeast corner of the present city limits of Blakely, and running thence southward in an extension of, and on the same course as, the present east line of the Blakely city limits, the distance of one mile; thence westward parallel with the present south line of the Blakely city limits, the distance of two miles; thence northward at right angles to the course last run the distance of one mile to the southwest corner of the present city limits

Page 2264

of Blakely; thence easterly along the present south line of the Blakely city limits the distance of two miles to the southeast corner of the present city limits of Blakely, the point of beginning, said territory containing two square miles. Also to provide for a referendum and election in which the qualified registered voters of the territory proposed to be thus added to the City of Blakely may vote on such proposal; and for other purposes. This December 19, 1960: /s/ Leon H. Baughman Representative from Early County in the General Assembly of Georgia Georgia, Early County. Personally appeared before the undersigned authority A. T. Fleming, who being first duly sworn, on oath says that affiant and W. H. Fleming, as Partners, are the publishers of The Early County News, the official gazette of Early County, Georgia, wherein sheriff's advertisements for said county are published, and that the above and foregoing notice of local legislation appeared in said newspaper in the issues of December 22 and 29, 1960, and January 5, 1961, thereof, and was published in said issues of said newspaper, all as contemplated by Paragraph XV of Section VII of Article III of the Constitution of Georgia of 1945, as amended. /s/ A. T. Fleming Sworn to and subscribed before me, this 14th day of January, 1961. /s/ Lowrey S. Stone Notary Public, State at Large. My Commission expires Jan. 2, 1962. (Seal). Approved March 7, 1961.

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TALBOT COUNTYTAX COMMISSIONER'S COMPENSATION. No. 79 (House Bill No. 54). 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 Acts approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2696), and March 9, 1959 (Ga. L. 1959, p. 2457), 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 Acts approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2696), and March 9, 1959 (Ga. L. 1959, p. 2457), is hereby amended by striking from section 5 the following: twenty-seven hundred ($2700.00) dollars per annum, to be paid in equal monthly installments, and inserting in lieu thereof the following: thirty-three hundred ($3300.00) dollars per annum, to be paid in calendar monthly installments of two hundred seventy-five ($275.00) dollars each, 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 thirty-three hundred ($3300.00) dollars per annum, to be paid in calendar monthly installments of two hundred seventy-five ($275.00) dollars each; 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

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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. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Talbot County. To Whom It May Concern, I Albert McCarter, owner and publisher of Talbotton New Era, a weekly paper, in which all legal advertisements are published in said county, Certify that the following Notice of Local Legislation appeared in each weekly publication of December 22nd, 1960, December 29th, 1960 and January 5th 1961. Notice is hereby given to all concerned that at the 1961 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. This the 14th day of December 1960. Commissioners of Roads and Revenues of Talbot County, Georgia. /s/ Hinton Hendricks, Chairman. /s/ Albert McCarter Owner Publisher Talbotton New Era. Personally appeared before me Albert McCarter, who being duly sworn on oath says that the above statement is true and correct. This 7th January 1961. /s/ Brooks Culpepper, Notary Public, Talbot County, Georgia. Commission expires January 13, 1964.

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Notice of Local Legislation. Notice is hereby given to all concerned that at the 1961 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. This the 14th day of December, 1960. Commissioner of Roads and Revenues of Talbot County, Georgia. /s/ Hinton Hendricks, Chairman. 12-22, 29, 1-5 3t. Approved March 6, 1961. FLOYD COUNTYCOMPENSATION OF EMPLOYEES IN TAX COMMISSIONER'S OFFICE. No. 80 (House Bill No. 421). An Act to amend an Act entitled: An Act to abolish the offices of tax receiver and tax collector, and to create in lieu of the same the office of County Tax Commissioner of Floyd County, Georgia; to fix the term of office of county tax commissioner; to fix the compensation of the county tax commissioner by providing a minimum and maximum salary, with the county board of roads and revenues (county commissioners) in the aforesaid county fixing said salary between the minimum and maximum sums stipulated herein, and to provide for deputies and clerks for said tax commissioner, and fixing their compensation as stipulated herein; to provide that the ways as to tax receiver and tax collector shall be of full force and effect as to county tax commissioner as far as the same are applicable; to provide that all taxes now due and

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all fi. fas. heretofore issued shall have full force and effect; to provide that all fees, commissions, and other compensation of the tax receiver and tax collector shall be paid into the depository of Floyd County, Georgia; to provide for the election of County Tax Commissioner of Floyd County, Georgia, and the method of filling vacancies; to provide for putting into effect in Floyd County, Georgia, the Constitution of this State as contained in Article Eleven, Section One, Paragraph Six; to provide that each and all the provisions herein contained relative to county tax commissioner shall become effective January 1, 1953; to provide for holding a general election in the fall of 1952, to carry out the provisions of this Act; to provide for ratification or rejection of this Act by the qualified voters of Floyd County, Georgia; and for other purposes; approved February 17, 1950, published as Ga. L. 1950, p. 2749 et seq., as amended, by increasing the maximum limit of the salaries of the senior deputies, junior deputies, clerks of the Tax Commissioner's office of Floyd County, Georgia, to increase the amount of the total combined compensation per annum available for payment to the part time clerks of said Tax Commissioner's office, to repeal all laws and parts of laws in conflict with this amendment; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that certain Act entitled: An Act to abolish the offices of tax receiver and tax collector, and to create in lieu of the same the Office of County Tax Commissioner of Floyd County, Georgia; to fix the term of office of county tax commissioner; to fix the compensation of the county tax commissioner by providing a minimum and maximum salary, with the county board of roads and revenues (county commissioners) in the aforesaid county fixing said salary between the minimum and maximum sums stipulated herein, and to provide for deputies and clerks for said tax commissioner, and fixing their

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compensation as stipulated herein; to provide that the laws as to tax receiver and tax collector shall be of full force and effect as to county tax commissioner as far as the same are applicable; to provide that all taxes now due and all fi. fas. heretofore issued shall have full force and effect; to provide that all fees, commissions, and other compensation of the tax receiver and tax collector shall be paid into the depository of Floyd County, Georgia; to provide for the election of county Tax Commissioner of Floyd County, Georgia, and the method of filling vacancies; to provide for putting into effect in Floyd County, Georgia, the Constitution of this State as contained in Article Eleven, Section One, Paragraph Six; to provide that each and all the provisions herein contained relative to county tax commissioner shall become effective January 1, 1953; to provide for holding a general election in the fall of 1952, to carry out the provisions of this Act; to provide for ratification or rejection of this Act by the qualified voters of Floyd County, Georgia; and for other purposes; approved February 17, 1950, published as Georgia Laws, 1950, page 2749 et seq., as amended, is hereby amended, as follows: (a) By striking from the ninth line of section 9, as amended, thereof, the figures and symbols thirty six hundred dollars ($3600.00) and inserting in lieu thereof the words, figures and symbols four thousand two hundred dollars ($4200.00); by striking from the eleventh line of said section 9, $3,000.00 and inserting in lieu thereof thirty three hundred dollars ($3300.00); by striking from the twelfth line of said section 9, as amended the symbol and figures $2700.00 and inserting in lieu thereof three thousand dollars ($3,000.00); by striking from the fourteenth line of said section 9 the symbol and figures $3,500.00 and inserting in lieu thereof four thousand dollars ($4,000.00), so that said section 9 when so amended shall read as follows: Section 9. Be it further enacted by the authority aforesaid, that the county tax commissioner shall be authorized to employ to serve at the pleasure of said county tax commissioner and to perform such duties as

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may be assigned by him, the following: One chief deputy tax commissioner, whose compensation shall be not more than $5,500.00 per annum; two senior deputy tax commissioners, whose compensation shall be not more than four thousand two hundred dollars ($4,200.00) per annum; three junior deputy tax commissioners, whose compensation shall be not more than thirty three hundred dollars ($3300.00) per annum; one clerk, whose compensation shall be not more than three thousand dollars ($3,000.00) per annum; and two part-time clerks, whose total combined compensation per annum shall not exceed four thousand dollars ($4,000.00). Said salaries shall be payable monthly out of the general funds of the county. Compensation. One of said senior deputy tax commissioners may, if required to do so by the board of tax assessors of said county, serve as a special assistant to said board of tax assessors during all or a part of the months of April. May and June of each year at such time or times as do not conflict with his or her duties as senior deputy tax commissioner, and, if so employed as said special assistant to said board of tax assessors, shall be paid out of the general funds of the county, in addition to his or her salary as said senior deputy tax commissioner, at the rate of $100.00 per month for such time as he or she is so employed. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. There is attached hereto and made a part of this Bill, marked (Exhibit A) a copy of a notice of intention to apply therefor, accompanied by an affidavit of the author of this Bill to the effect that said notice has been published as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply for the enactment of local legislation at the next meeting of the General Assembly, which convenes in January,

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1961, to amend the Act which creates the office of Tax Commissioner of Floyd County, Georgia, which Act was approved February 17, 1950, pages 2749, et seq., and all Acts amendatory thereto, so as to increase the compensation accruing to the office of Tax Commissioner of Floyd County, and other related matters. /s/ J. Battle Hall Sidney Lowrey Robert L. Scoggin As Representatives of Floyd County, Georgia. Georgia, Floyd County: Personally appeared before the undersigned authority, J. Battle Hall, who, being duly sworn, says on oath that he is the author of the above and foregoing bill, and that the notice, copy of which is attached to and made a part of said bill, has been published in the newspaper in which sheriff's advertisements for Floyd County, Georgia, are published, once a week for three weeks during a period of sixty days immediately preceding the introduction of such bill into the General Assembly, as provided by law. /s/ J. Battle Hall Sworn to and subscribed before me, this 2nd day of February, 1961. /s/ Amelia Smith Notary Public, Georgia State at Large My Commission expires Oct. 19, 1964. (Seal). Approved March 4, 1961.

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CITY OF BLAKELYCONSTRUCTION CODES. No. 81 (House Bill No. 101). An Act to amend an Act entitled An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes, approved December 18, 1900, as amended by subsequent acts amendatory thereof, by providing that the Council of the City of Blakely shall have power and authority to enact a building code for said city, a plumbing code for said city, and an electrical code for said city, either or all or any combination thereof, and in so doing, in any such event, may adopt by ordinance any such building, plumbing and electrical code as approved, published and circulated by either the National Board of Fire Underwriters, or the National Fire Protection Association, or the Southern Building Code Congress, or such other original or adopted building, plumbing and electrical codes as the council may deem best suited to serve the purposes of the general welfare of said city; and to provide in such ordinance, in the event that some existent codes hereinabove mentioned or contemplated are adopted, that each and every section thereof shall be a valid and binding ordinance of said city, and a violation thereof subject to punishment as prescribed by the codes of ordinances of the City of Blakely, and the charter thereof, as hereby amended; to authorize and empower the council to provide for the punishment of violations of such ordinances; to authorize and empower the council to create and appoint, by ordinance, such administrative, inspecting and examining officers and boards as the council may deem necessary to the administration and enforcement of such ordinances; 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 Act of the General Assembly of Georgia

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approved December 18, 1900, and entitled An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes (Ga. L. 1900, pp. 219-228), as amended by subsequent acts amendatory thereof, is hereby amended as follows: The Council of the City of Blakely is hereby given express power and authority to enact for said city a building code, a plumbing code, and an electrical code, either or all or any combination thereof, and in so doing, said Council of the City of Blakely is hereby authorized and empowered, in any such event, to adopt by ordinance any such building, plumbing and electrical code as approved, published and circulated by either the National Board of Fire Underwriters, or the National Fire Protection Association, or the Southern Building Code Congress, or such other original or adopted building, plumbing and electrical codes as the said Council may deem best suited to serve the purposes of the general welfare of the City of Blakely; and to provide in such ordinance, in the event that some existent codes hereinabove mentioned or contemplated are adopted, that each and every section of such adopted codes shall be a valid and binding ordinance of said City of Blakely, and a violation thereof subject to punishment as prescribed by the Code of Ordinances of said City of Blakely and the charter thereof, as hereby amended; and the Council of the City of Blakely is hereby authorized and empowered to provide by ordinance for the punishment of violations of such ordinances. The council of said City of Blakely is hereby authorized and empowered to create and appoint, by ordinance, such administrative, inspecting and examining officers and boards as the Council may deem necessary to the administration and enforcement of such ordinances. Section 2. The provisions of this Act shall not be construed as being limitative, but as conferring upon the Council of the City of Blakely the fullest and broadest powers and authority consistent with such provisions hereof. Intent. Section 3. The powers and authority conferred upon

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the Council of the City of Blakely by this Act shall be cumulative of and in addition to all of the present powers and authority now enjoyed by said Council and said city. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Early County: Notice is hereby given that I intend to introduce, at the January-February Session, 1961, next, of the General Assembly of Georgia, a bill to be captioned: An Act to amend an Act entitled `An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes,' approved December 18, 1900, as amended by subsequent Acts amendatory thereof, by providing that the Council of the City of Blakely shall have power and authority to enact a building code for said city, a plumbing code for said city, and an electrical code for said city, either or all or any combination thereof, and in so doing, in any such event, may adopt by ordinance any such building, plumbing and electrical code as approved, published and circulated by either the National Board of Fire Underwriters, or the National Fire Protection Association, or the Southern Building Code Congress, or such other original or adopted building, plumbing and electrical codes as the Council may deem best suited to serve the purposes of the general welfare of said city; and to provide in such ordinance, in the event that some existent codes hereinabove mentioned or contemplated are adopted, that each and every section thereof shall be a valid and binding ordinance of said city, and a violation thereof subject to punishment as prescribed by the code of ordinances of the City of Blakely, and the charter thereof, as hereby amended; to authorize and empower the Council to provide for the punishment of violations of such ordinances; to authorize and empower the Council to create and appoint, by ordinance, such administrative, inspecting and examining officers and boards

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as the Council may deem necessary to the administration and enforcement of such ordinances; to repeal conflicting laws; and for other purposes. This December 19, 1960. /s/ Leon H. Baughman, Representative, Early County. Georgia, Early County. Personally appeared before the undersigned authority A. T. Fleming, who being first duly sworn, on oath says that Affiant and W. H. Fleming, as partners, publish the Early County News, the official gazette of Early County, Georgia, wherein sheriff's advertisements for said county are published, and that the above and foregoing notice of local legislation appeared and was published in the issues of December 22 and 29, 1960, and January 5, 1961 of said newspaper, as contemplated by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, as amended. /s/ A. T. Fleming. Sworn to and subscribed before me, this 14th day of January, 1961. /s/ Lowrey S. Stone, Notary Public, Georgia, State at Large. My commission expires January 2, 1963. (Seal). Approved March 4, 1961.

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WALKER COUNTYCOUNTY ATTORNEY, COUNTY CONTRACTS. No. 83 (House Bill No. 350). An Act to create the office of Commissioner of Roads and Revenue for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, so as to provide that the Commissioner of Roads and Revenue for the County of Walker shall be authorized to employ a competent attorney-at-law, who shall be known as the County Attorney, to advise and counsel with said commissioner on affairs of the county and the office of commissioner; to authorize compensation for said county attorney; to prescribe additional duties; to authorize the commissioner to employ additional counsel to assist the county attorney; to provide that all purchases of any class of property or material for the use and benefit of said county, and any and all contracts made in behalf of said county, in which the obligation of the county for said purchases or under said contracts is in excess of $1,000.00, shall be upon written specification as to character and quality of goods purchased and full specifications as to contracts entered into, and be upon competitive bidding after due advertisement, with the right of the commissioner to reject any and all bids; 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 Revenue for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, is hereby amended by striking section 13 of said Act and inserting in lieu thereof a new section 13 to read as follows: Section 13. Be it enacted by the authority aforesaid, that said commissioner shall have authority to employ a competent attorney-at-law, who shall be known as the County Attorney, to advise and counsel with said commissioner on affairs of the county and of the office of

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commissioner; and for such advice and counsel, the said commissioner shall be authorized to pay said county attorney, from county funds, a sum not to exceed $600.00 per annum. Said commissioner shall also be authorized to pay said county attorney, from county funds, fees for all other services performed, such fees shall be commensurate with the attorney fees customarily charged by and paid to attorneys practicing law in the Lookout Mountain Judicial Circuit for similar or like services. Whenever it is deemed necessary said commissioner may employ additional counsel to assist the county attorney, and the compensation paid to such counsel shall be paid from county funds. County Attorney. Section 2. Said Act is further amended by striking the figures $300.00 wherever the same appears in section 20 of said Act and inserting in lieu thereof the figures $1,000.00 and by striking the word contract as it appears after the word to and before the word entered in said section and inserting in lieu thereof the word contract, so that when so amended said section 20 shall read as follows: Section 20. Be it further enacted by the authority aforesaid, that all purchases of any class of property or material for the use and benefit of the said county, and any and all contracts made in behalf of said county, in which the obligation of the county for said purchases or under said contracts is in excess of $1,000.00, shall be upon written specifications as to character and quality of goods purchased and full specifications as to contracts entered into, and be upon competitive bidding after due advertisement, with the right of the commissioner to reject any and all bids. Contracts. 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, 1961, session of the General Assembly of Georgia a bill clarifying Section 13 of the Act creating the office of Commissioner of Roads and Revenue for

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Walker County, Georgia (Ga. L. 1939, p. 756), as respects compensation of the county attorney; to provide for the advertising for competitive bids on all purchases and for contracts made in behalf of said county when said purchase or contract is in excess of $1,000.00; and for other purposes. This 3rd day of January, 1961. /s/ William Shaw Abney, /s/ Robert E. Coker, Representatives, Walker County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. Coker, who, on oath, deposes and says that he is representative from Walker County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of said county, on the following dates: January 11, 1961, January 18, 1961 and January 25, 1961. /s/ Robert E. Coker, Representative, Walker County. Sworn to and subscribed before me this 30th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved March 4, 1961.

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GORDON COUNTYCOMPENSATION OF SHERIFF. No. 84 (House Bill No. 129). An Act to amend an Act to change the compensation of the Sheriff of Gordon County, Georgia from a fee basis to a salary basis, approved March 7, 1955 (Ga. L. 1955, p. 3214), as amended by the Acts of 1958, p. 2121, to provide that he shall receive a subsistence allowance of three dollars ($3.00) per diem in addition to his salary, which subsistence allowance shall be paid monthly; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 2 of an Act to change the compensation of the Sheriff of Gordon County, Georgia from a fee basis to a salary basis, approved March 7, 1955 (Ga. L. 1955, p. 3214), as amended by the Acts of 1958, p. 2121), is hereby amended by striking section 2 in its entirety and by substituting therefor new section 2 to read as follows: Section 2. The Sheriff of Gordon County, Georgia shall receive an annual salary of ($5,000.00) five thousand dollars per annum and shall in addition to said salary be paid a subsistence allowance of three dollars ($3.00) per diem, which said salary and said subsistence allowance shall be paid in equal monthly installments. Said salary and subsistence allowance shall be in full payment of all fees and commissions or other emoluments that would otherwise accrue to him except for this Act. All such fees, commissions and emoluments shall be collected by him and paid into the general funds of the county. Such compensation and subsistence allowance shall be all-inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court; except such fees and compensations as provided in section 58-207 of the 1933 Code of Georgia as amended.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Gordon County. Notice is hereby given that the undersigned intends to introduce in the 1961 session of the General Assembly of Georgia, a local bill to provide for a subsistence allowance payable to the Sheriff of Gordon County, Georgia, and for other purposes. This 19th day of December, 1960. /s/ C. L. Moss, 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 the following dates: December 12, 22, and 29th, 1960; January 5th, 1961. /s/ James H. Hobgood, Publisher, Calhoun Times. Sworn to and subscribed before me this 14 day of January, 1961. /s/ Calvin Caldwell, Notary Public, Gordon County, Georgia. My commission expires Aug. 5, 1963. (Seal). Approved March 7, 1961.

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1952 AMENDMENT TO CODE 21-105 NOT APPLICABLE TO COUNTIES HAVING POPULATION OF 34,064 PERSONS ACCORDING TO 1960 CENSUS. Code 21-105 Amended. No. 85 (House Bill No. 27). An Act to amend section 21-105 of the Code of Georgia relating to fees paid to coroners, as amended particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 132), so as to exempt certain counties from the operation of said section; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 21-105 of the Code of Georgia relating to fees paid to coroners, as amended particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 132), is hereby amended by striking therefrom that language which reads as follows: In all counties of this State having a population of not less than 34,000 and not more than 38,500, according to the United States census of 1950, or any future United States census, the coroner shall receive a salary of $600.00 per year out of the county treasury, payable monthly, said salary to be in lieu of the fees allowed a coroner by law for holding inquests. And substituting in lieu thereof the following language: In all counties of this State having a population of not less than 34,000 and not more than 38,500, according to the United States census of 1950, or any future United States census, the coroner shall receive a salary of $600.00 per year out of the county treasury, payable monthly, said salary to be in lieu of the fees allowed a coroner by law for holding inquests. Provided, however this provision shall not be applicable to any county having a population of 34,064 according to the 1960 or any future census.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. CITY OF ROMECOMPENSATION OF CITY COMMISSIONERS. No. 86 (House Bill No. 299). An Act to amend section 3 of the Act of 1918 (Ga. L. 1918, p. 813-885), creating a new charter for the City of Rome, as amended by the Act of 1929 (Ga. L. 1929, p. 1254) and as amended by Act of 1949 (Ga. L. 1949, pp. 2005-2009) and other Acts, said section 3 relating to the salary of the members of the Rome City Commission, by increasing said salaries; to repeal conflicting laws. 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 section 3 of the Act of 1918 (Ga. L. 1918, p. 813-885), as specifically amended by Act of 1949 (Ga. L. 1949, pp. 2005-2009), relating to the qualifications, number and salary of members of the Rome City Commission, be and the same is hereby amended by striking and repealing the words and figures six hundred ($600.00) dollars in line eight in the Act of 1949 (Ga. L. 1949, pp. 2005-2009) of said section and enacting in lieu thereof the words and figures fifteen hundred ($1,500.00) dollars, so that said Section 3 as amended shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that the governing and legislative authority of said city shall be vested in a commission of nine members. The members of said commission shall have attained the

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age of twenty-one (21) years, and shall have been residents and citizens of said city for at least two years next preceding their election, and shall be qualified voters of the City of Rome. Each member of said commission shall receive a salary of fifteen hundred ($1,500.00) dollars per annum. At their first meeting, or as soon thereafter as possible, the members of said commission shall elect one of their number as chairman, who shall receive an additional salary of six hundred ($600.00) dollars per annum. The chairman, or in his absence, the chairman pro tem., shall preside over the deliberations of the commission and shall have the right to vote on all questions of the commission; he shall preserve order and decorum at all meetings of the commission and shall enforce the rules of that body, and shall have power to punish all persons for contempt of such rules, and shall perform all other duties incident to his office. Service of legal process directed to or against the city shall be served upon the chairman of the commission. One of said commissioners shall be elected from each ward of the city, but shall be elected by the consolidated vote of the entire city. Said commissioners shall be elected for a term of four years, except as hereinafter provided, and until their successors are elected and qualified, subject, however, to recall, as is hereinafter provided. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The notice and affidavit attached hereto are made a part of this bill, and reference is made thereto. Notice of Intention to Ask Legislation. To the People of Rome and Floyd County: In the General Assembly of Georgia for the year 1961 a bill will be introduced to amend the charter of the City of Rome, Georgia Laws 1918, pp. 813-885, as amended, so as to raise the monthly salaries of the chairman of the Rome City Commission and the Rome City Commissioners.

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This notice is given in compliance with Article 3, Section 14 of the Constitution of the State of Georgia, as amended in 1945. This 21st day of December, 1960. /s/ J. Battle Hall, /s/ Sidney Lowrey, /s/ Robert L. Scoggin, Representatives, Floyd County. 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 the copy of said notice as published in said paper is hereto attached and made a part of said Bill; and that said notice was published as provided by law. This 26th day of January, 1961. /s/ J. Battle Hall. Sworn to and subscribed before me, this 26th day of January, 1961. /s/ Janette Hirsch, Notary Public, Floyd County, Georgia. (Seal). Notice of Intention to Ask Legislation. To the People of Rome and Floyd County: In the General Assembly of Georgia for the year 1961

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a bill will be introduced to amend the Charter of the City of Rome, Georgia Laws 1918, pp. 813-885, as amended, so as to raise the monthly salaries of the Chairman of the Rome City Commission and the Rome City Commissioners. This notice is given in compliance with Article 3, Section 14 of the Constitution of the State of Georgia, as amended in 1945. This 21st day of December, 1960. /s/ J. Battle Hall, /s/ Sidney Lowrey, /s/ Robert L. Scoggin, Representatives, Floyd County. Dec. 22, 29, Jan. 5, 12. Approved March 4, 1961. CITY OF GRIFFINCORPORATE LIMITS. No. 87 (House Bill No. 82). 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

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corporate limits and boundaries of the City of Griffin so as to include and annex the following described property, which is now adjacent to the present city limits and boundaries of the City of Griffin, Spalding County, Georgia, to-wit: All that lot, tract or parcel of land lying, being and situate in land lots 158 and 159 of the third district of originally Henry, now Spalding County, Georgia, as shown on a plat of survey entitled Proposed Addition to the City of Griffin dated April 22, 1960, and made by Griffin Engineering Manufacturing Company and recorded in plat book 5, page 484, in the office of the Clerk of Spalding Superior Court, and more fully described with reference to said plat as follows: Beginning at the present city limits at the intersection of the north boundary of Tuskegee Avenue with the east margin of Lincoln Road and running thence north 78 degrees 5 minutes east one hundred twenty (120) feet along the north margin of Tuskegee Avenue; thence north 11 degrees 55 minutes west seven hundred sixty-eight and three-tenths (768.3) feet to a point on the north margin of Talladega Avenue; thence south 78 degrees 5 minutes west one hundred forth-five and one-tenth (145.1) feet along the north margin of Talladega Avenue; thence south 86 degrees 2 minutes west one hundred fifty-one and six-tenths (151.6) feet along the north margin of Talladega Avenue to the present city limits; thence south 11 degrees 55 minutes east seven hundred eighty-five and three-tenths (785.3) feet along the present city limits to the north margin of Tuskegee Avenue; thence north 78 degrees 5 minutes east one hundred seventy (170) feet along the north margin of Tuskegee Avenue to the point of beginning. Also: All that lot, tract or parcel of land lying, being and situate in land lot 110 of the second district of original Monroe, now Spalding County, Georgia, and being a portion of Evergreen Forest subdivision as shown on plat of survey of said subdivision dated January 9, 1960, by Griffin Engineering Manufacturing Company and recorded in plat book 5, page 459 in the office of the Clerk of Spalding Superior Court and more fully described with reference to said plat as beginning at the present city

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limits at the northeast corner of land lot 110 and running thence froms said point of beginning south 89 degrees 39 minutes west three hundred twenty-four and eight-tenths (324.8) feet along the present city limits and the north boundary of land lot 110; thence south no degrees 56 minutes east one thousand three hundred forty-three and five-tenths (1343.5) feet; thence south 51 degrees 13 minutes east four hundred twenty-three and one-tenth (423.1) feet to the present city limits and the east boundary of land lot 110; thence north no degrees 57 minutes west one thousand six hundred ten and six-tenths (1610.6) feet along the present city limits and the east boundary of land lot 110 to the point of beginning. Also: All that lot, tract or parcel of land lying, being and situated in land lot 173 of the second district of original Monroe, now Spalding County, Georgia, and being a portion of Forest Hills subdivision as shown on plat of survey of said subdivision dated August 29, 1960, by Griffin Engineering Manufacturing Company and recorded in plat book 6, page 19, in the office of the Clerk of Spalding Superior Court and more fully described with reference to said plat as beginning at the present city limits on the west boundary of land lot 173, said point of beginning being the southwest corner of lot 44 in block E of Forest Hills subdivision; thence froms said point of beginning south no degrees 39 minutes east, nine hundred sixty-seven (967) feet along the west boundary of land lot 173; thence north 86 degrees 25 minutes east, nine hundred eighty-seven (987) feet, more or less, to the southeast corner of lot 9 in block M of Forest Hills subdivision; thence south 45 degrees 42 minutes east fifty (50) feet to the present city limits and southwest corner of lot 8 in block M of said Forest Hills subdivision; thence north 44 degrees 38 minutes east, one hundred four and three-tenths (104.3) feet along the present city limits; thence north 27 degrees 14 minutes west, eight hundred ninety and seventy-five hundredths (890.75) feet along the present city limits to a point on the south boundary of lot 7 in block L of Forest Hills subdivision; thence south 74 degrees 24 minutes west, three hundred fifty-one and one-tenth

Page 2288

(351.1) feet along the present city limits and south boundary of lot 7 to the east margin of Pine Valley Road; thence northwardly, two hundred eleven and fifteen-hundredths (211.15) feet along the present city limits and east margin of Pine Valley Road to the southwest corner of lot 5 in block L of Forest Hills subdivision; thence south 66 degrees 25 minutes west, sixty-six and four-tenths (66.4) feet along the present city limits and across Pine Valley Road to the southeast corner of lot 44 in block E of Forest Hills subdivision; thence south 80 degrees no minutes west, two hundred ninety-eight and two-tenths (298.2) feet along the present city limits and south boundary of said lot 44 in block E to the west boundary of land lot 173 and point of beginning. Section 2. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XVI of the Constitution of Georgia 1945, and there is hereto attached and made a part of this Act a copy of the notice, with the affidavit of the authors stating that said notice has been published as provided by law. Section 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 application for the passage of local legislation at the January session, 1961, of the General Assembly of Georgia, will be made, in order to amend the charter of the City of Griffin, as amended, to: (a) To amend sec. 5 of said charter relating to the qualifications of members of the board of commissioners. (b) To extend the corporate limits of said city so as to annex certain areas now outside of said corporate limits. (c) To amend section 73 of said charter relating to the amount of appearance bonds.

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This 20th day of December, 1960. /s/ J. S. Langford, City Manager, City of Griffin. Georgia, Fulton 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 Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News, which is the official organ of said county, on the following dates: December 20 and 27, 1960, and Januare 3, 1961. /s/ Arthur K. Bolton, /s/ Quimby Melton, Jr. Representatives, Spalding County. Sworn to and subscribed before me this 13 day of January, 1961. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My commission expires Oct. 5, 1964. (Seal). Approved March 7, 1961.

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FLOYD COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 88 (House Bill No. 425). An Act to amend an Act entitled Act to fix the compensation of and for members of the Board of Roads and Revenues of Floyd County, Georgia, to restrict and limit their expense account, to prohibit nepotism in the affairs of the county, to prohibit certain officers and officials of said county from trading with the county; to fix penalties and punishment for violations of the terms of this Act, to repeal conflicting Acts; and for other purposes, approved August 18, 1931, and amended by an Act approved February 4, 1953, by striking from section 1, as amended, the figure $75.00 and inserting in lieu thereof $125.00, to repeal conflicting laws and parts of 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that section 1 entitled Act to fix the compensation of and for members of the Board of Roads and Revenues of Floyd County, Georgia, to restrict and limit their expense account, to prohibit certain officers and officials of said county from trading with the county; to fix penalties and punishment for violations of the terms of this Act, to repeal conflicting Acts; and for other purposes approved August 18, 1931, and amended by an Act approved February 4, 1953, it is hereby amended by striking from said section 1, as amended, the figures and symbol $75.00 and inserting in lieu thereof the figures and symbol $125.00 so that Section 1, as amended, shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the

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same that from and after the passage of this Act, each member of the Board of Commissioners of the Roads and Revenue of Floyd County, Georgia, shall be entitled to a salary of $125.00 per month, and in addition thereto, the chairman of said board shall be entitled to $50.00 a month, and in addition thereto, the vice-chairman of said board shall be entitled to $25.00 per month. No member of said board shall be entitled to receive any other sum or sums whatever, unless it is necessary for the board or a committee of the board to go out of the county on official business for the county, and then they shall be paid their actual expenses after having rendered sworn itemized statements for the expenses incurred on such trip. 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. There is attached hereto and made a part hereof, a copy of the notice of the intention to apply for local legislation and the affidavit showing that such notice has been published as prescribed by law. Georgia, Floyd County. Personally appeared before the undersigned officer, J. Battle Hall, who, being duly sworn, says on oath that he is a duly elected, qualified and acting Representative of Floyd County in the General Assembly of the State of Georgia; and that he is the author of the above and foregoing bill; and that a legal notice, a true copy of which is attached hereto, was duly published once a week for three weeks in the Rome News-Tribune on the following dates: January 13, January 19, January 26, 1961. /s/ J. Battle Hall. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the next meeting of the General Assembly of Georgia, which convenes in January, 1961, amending

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the Act to fix the compensation of and for the members of the Board of Roads and Revenue of Floyd County, Georgia, and for other purposes, approved on the 18th day of August, 1931 (Ga. L. 1931, p. 467, et. seq.), and all Acts amendatory thereto. /s/ J. Battle Hall, /s/ Sidney Lowrey, /s/ Robert L. Scoggin, Representatives, Floyd County, Georgia. Sworn to and subscribed before me, this 2nd day of February, 1961. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My commission expires Oct. 19, 1964. (Seal). Approved March 4, 1961. CITY OF EMERSONTERMS OF MAYOR AND ALDERMEN. No. 90 (House Bill No. 113). An Act to amend an Act relating to the incorporation of the City of Emerson, in Bartow County, approved November 11, 1889 (Ga. L. 1888-89, p. 976), as amended, by an Act approved December 22, 1892 (Ga. L. 1892, p. 211), by an Act approved July 19, 1927 (Ga. L. 1927, p. 1120), so as to provide for a change in the terms for the offices of mayor and aldermen of the City of Emerson; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the incorporation of the City of Emerson, in Bartow County, approved November

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11, 1889 (Ga. L. 1888-89, p. 976), as amended, by an Act approved December 22, 1892 (Ga. L. 1892, p. 211), by an Act approved July 19, 1927 (Ga. L. 1927, p. 1120), is hereby amended by inserting the words odd numbered between the word each and the word year in section III of said Act, and by striking the words one year from section III of said Act and substituting in lieu thereof the words two years, so that said section III, when so amended shall read as follows: Section III. And be it further enacted that the corporate powers of said city shall be vested in a mayor and four aldermen, who shall be elected from the city at large, and who shall be elected on the second Wednesday of December of each odd numbered year, and shall hold their offices for two years and until their successors are elected and qualified; and all persons resident within the corporate limits of said city, who are qualified to vote for members of the General Assembly shall be entitled to vote at said election. 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, Charles V. Crowe, Jr., 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 Weekly Tribune News and Bartow Herald, which is the official organ of said county, on the following dates: December 21 and 28, 1960, and January 4, 1961. /s/ Charles V. Crowe, Jr., Representative, Bartow County.

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Sworn to and subscribed before me this 16th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that the undersigned intend to apply to the General Assembly of Georgia at the 1961 session thereof for the passage of a local bill to amend the Charter of the City of Emerson, approved November 11, 1889 (Ga. L. 1888-89) as amended by the Acts of the General Assembly in 1892 (Ga. L. 1892, p. 211), and in 1927 (Ga. L. 1927, p. 1120, 1121) so as to change that portion of section III of the said charter to provide that the mayor and aldermen shall hold their offices for two years, and until their successors are elected and qualified, and to provide that the mayor shall have a vote on all questions. /s/ Charles V. Crowe, Jr. /s/ Wm. B. Greene. /s/ Wm. A. Ingram. Approved March 7, 1961. WILKES COUNTYCOMPENSATION, CLERICAL HELP AND MEETINGS OF BOARD OF COMMISSIONERS. No. 92 (House Bill No. 134). An Act to amend an Act entitled An Act to establish a board of commissioners of roads and revenues of Wilkes County; to provide the method for their election; to fix their terms of office and salaries; to define their duties and qualifications; to provide for the employment and pay of assistants; to provide for the

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management of county affairs, and for other purposes., approved August 4, 1917 (Ga. L. 1917, p. 436), as amended, so as to increase the compensation of the board members; to provide for a clerk of the county; to provide for his election, powers, duties, time and manner of receiving his compensation and tenure of office; to provide for the clerk's bond; to provide for clerical assistance for the clerk; to change the monthly meeting date of the Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish a board of commissioners of roads and revenues of Wilkes County: to provide the method for their election; to fix their terms of office and salaries; to define their duties and qualifications; to provide for the employment and pay of assistants; to provide for the maangement of county affairs, and for other purposes., approved August 4, 1917 (Ga. L. 1917, p. 436), as amended, is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section to read as follows: Section 4. The chairman of said board shall receive for his services six hundred ($600.00) dollars per annum, payable monthly out of the treasury of Wilkes County. Each remaining member of said board shall receive for his services twenty-five ($25.00) dollars per day, when in actual attendance upon the duties thereof, but in no case shall he receive more than two days' pay in any one calendar month, nor more than four hundred ($400.00) dollars during any one calendar year. Compensation. Section 2. Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof the following: Section 5. The board of commissioners of roads and revenues shall elect a clerk, whose duty it shall be to keep in well-bound books complete records of all the proceedings of the said board of commissioners, and to

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do and perform all of the duties and services usual and incident to the position of clerk of such a board. Said clerk shall be elected to serve at the pleasure of the board, and he shall be paid a salary commensurate with the duties and requirements of his office, amount to be in discretion of the said board of commissioners, same payable monthly or semi-monthly. Before entering upon the performance of his duties, said clerk shall execute a good and solvent bond to the said board of commissioners conditioned for the faithful performance of his duties in the sum of five thousand ($5,000.00) dollars. Clerk. Provided further, that the said board of commissioners may elect or employ any other clerical or secretarial help as they may deem necessary in the administration of county business. Such clerical or secretarial help shall be appointed or elected to serve at the pleasure of the board of commissioners, and shall be paid commensurate with the duties and requirements of his employment, amount to be in the discretion of the said board of county commissioners. Clerical help. Section 3. Said Act is further amended by striking the words first Tuesday as they appear in the first sentence of section 9 and substituting in lieu thereof the words second Thursday so that when so amended section 9 shall read as follows: Section 9. The said board of commissioners shall meet in the court-house of said county on the second Thursday in each month. At all meetings the chairman of said board shall preside, but in his absence any member of said board may act as chairman pro tempore. Any three of five members of said board shall constitute a quorum, and regardless of the number present, it shall require three concurrent votes to pass any order, transact any business, or take any action in regard to any county matter. They may also meet at other times, and at such places in their discretion as may be for the best interest of the county, and they may adjourn from day to day. Meetings. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to amend the Act providing for a Board of Commissioners of Roads and Revenues of Wilkes County, approved August 4, 1917 (Ga. L. 1917, p. 436), as amended, so as to provide for meeting dates; to provide for employees; to provide for compensation; to provide for bids; and for other purposes. This 22nd day of December, 1960. /s/ H. H. Barnett, Representative, Wilkes County. 12-22-3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. H. Barnett, who, on oath, deposes and says that he is representative from Wilkes County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Reporter, which is the official organ of said county, on the following dates: December 22 and 29, 1960 and January 5, 1961. /s/ H. H. Barnett, Representative, Wilkes County. Sworn to and subscribed before me, this 10th day of January, 1960. /s/ Patricia Anne Bowen Notary Public (Seal). Approved March 7, 1961.

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ACTS CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES AMENDED. No. 96 (House Bill No. 47). An Act to amend an Act creating a Small Claims Court in certain counties in this State, approved March 17, 1958, (Ga. L. 1958, p. 2298), as amended by an Act approved February 26, 1959, (Ga. L. 1959, p. 2099), so as to change certain population and U. S. Census figures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in certain counties in this State, approved March 17, 1958, (Ga. L. 1958, p. 2298), as amended by an Act approved February 26, 1959, (Ga. L. 1959, p. 2099), is hereby amended by striking from section 1 of said Act the figures 18,923 and substituting in lieu thereof the figures 18,000; by striking the figures 18,996 and substituting in lieu thereof the figures 18,100, and by striking the figures 1950 and substituting in lieu thereof the figures 1960, so that section 1 when so amended shall read as follows: Section 1. There is hereby created and established in each county in this State having a population of not less than 18,000 and not more than 18,100 according to the U. S. Census of 1960 or any future such census, a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $500.00, said jurisdiction to be concurrent with the jurisdiction of any court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted, the powers granted to justices of the peace by the laws of the State of Georgia. Counties when applicable.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. CITY OF GRIFFINQUALIFICATIONS AND ELECTION OF BOARD OF COMMISSIONERS. No. 97 (House Bill No. 83). An Act to amend an Act creating a new charter for the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, so as to change the qualifications and election of members of the Board of Commissioners of The City of Griffin; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Girfinn, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, is hereby amended by striking section 5, 6, 7, and 59 in their entirety and inserting in lieu thereof new sections 5, 6, 7, and 59 to read as follows: Section 5. Qualification and Election of Commissioners . (a) The said Commissioners shall be elected by the qualified voters of said city. Any person eligible to vote for members of the General Assembly and for Commissioners for the City of Griffin, and who is a citizen and a resident of said city, and who shall have been on the tax digest of the said city as an owner of real property for the next preceding taxable year and the current taxable year and a freeholder at the time of his election shall be eligible to hold the office as a member of the Board of Commissioners of said city; provided however that no person shall be eligible to hold said office, or any other office in said city, who is the holder unaccounted

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for of any public fund of either the Federal, State, county or city government; (b) Any person qualified under (a) above, who intends to offer for election as a member of the Board of City Commissioners must so indicate that intention by registering as such candidate and signing an oath that he is qualified under this section, in the office of the city manager at the city hall not later than twelve o'clock noon fourteen (14) days prior to the date of the election in which he proposes to be a candidate. Section 6. Commissioners, Term of Office . On the first Tuesday following the first Monday in November in each year, an election shall be called as now provided by the charter of the City of Griffin for the election of one commissioner to serve for a term of three years, or until his successor is elected and qualified, unless removed in accordance with the provisions of this charter. No candidate for commissioner shall be declared elected unless he shall receive a majority of the votes cast in said election, and the manager of the election shall give the person receiving a majority vote of all qualified voters voting in said election a certificate of election, which certificate shall entitle the holder to be installed into office at the first regular meeting of the Commissioners in December thereafter. Section 7. Commissioners. Election, How Determined . No candidate for commissioner shall be declared elected until he shall have received a majority of the votes of all the qualified voters of said city voting in said election, and in the event no candidate receives a majority of the qualified votes of the voters voting in said election, or in the event of a tie vote, the Ordinary of Spalding County, Georgia, shall call an election on the Tuesday following said election and as often as may be necessary until one candidate for said office shall receive a majority of the qualified votes of all the voters voting in said election. Only the two (2) candidates receiving the highest number of votes shall be candidates in said run-over election; however, in the event of a tie

Page 2301

vote between the two or more highest candidates, the run-over election shall be between them; and in the event of a tie between the second highest, then the highest and all second highest candidates shall be entitled to run in said run-over election, and this election shall be held under the same rules and regulations governing the first election. Section 59. Elections. Places and Cost of . The cost of holding elections shall be paid by the city. All elections under this charter shall be held at the City Hall or at such other convenient place or places as may be designated by the Commissioners. 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 O. Q. 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: Dec. 20, 1960; Dec. 1960; and Jan. 3, 1961. /s/ Arthur K. Bolton O. Q. Melton, Jr., Representatives, Spalding County, Georgia. Notice of Local Legislation. Notice is hereby given that application for the passage of local legislation at the January session, 1961, of the General Assembly of Georgia, will be made, in order to amend the charter of the City of Griffin, as amended, to: (a) To amend sect. 5 of said charter relating to the qualifications of members of the Boards of Commissioners.

Page 2302

(b) To extend the corporate limits of said city so as to annex certain areas now outside of said corporate limits. (c) To amend section 73 of said charter relating to the amount of appearance bonds. This 20th day of December, 1960. /s/ J. S. Langford, City Manager City of Griffin. Sworn to and subscribed before me, this 11 day of January, 1961. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved March 7, 1961. TOWN OF RHINECORPORATE LIMITS. No. 98 (House Bill No. 124). To be entitled an Act to amend an Act to incorporate the Town of Rhine, approved August 18, 1917, and the Acts amendatory thereof, so as to enlarge the corporate limits of said town to embrace and include all territory within a radius of one mile in all directions from the east corner of a certain brick building in said town now owned and occupied by Williams Banking Company in said Town of Rhine, to re-define the limits of said town; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Page 2303

Section 1. That section 2 of an Act of the General Assembly of Georgia entitled an Act to incorporate the Town of Rhine, approved August 18, 1917 (Ga. L. 1917, p. 791 et seq.) be, and the same is hereby stricken in its entirety, and, in lieu thereof, a new section 2 is hereby substituted therefor in the following language: Section 2. Be it further enacted that the corporate limits of said Town of Rhine shall be as follows: All territory embraced and included within a radius of one mile in all directions from the East corner of a certain brick building in said Town of Rhine now owned and occupied by Williams Banking Company in said Town of Rhine. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Local Legislation. Notice is hereby given of the intention of the undersigned to introduce and apply for the passage of local legislation at the January 1961 session of the General Assembly of Georgia to amend the charter of the Town of Rhine so as to enlarge the corporate limits of said town to embrace and include all territory within a radius of one mile in all directions from the east corner of a certain brick building in said town now owned and occupied by Williams Banking Company in said Town of Rhine; and for other purposes. This 5th day of December, 1960. /s/ W. S. Stuckey, Dodge County Representative. Georgia, Dodge County: Personally appeared before me, the undersigned officer duly authorized to administer oaths, Edwin T. Methvin who first being sworn, on oath, deposes and says

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that he is the editor and publisher of the Times-Journal, the official organ of Dodge County, Georgia and that the attached copy of notice of intention to introduce local legislation was published in the Times-Journal on the following dates, December 21 and December 28, 1960 and January 4, 1961. /s/ E. T. Methvin Sworn to and subscribed before me, this 11th day of January, 1961. /s/ Carolyn H. Emery, Notary Public. My Commission expires December 29, 1964. (Seal). Approved March 7, 1961. CLINCH COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 99 (House Bill No. 111). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended by an Act approved March 4, 1937 (Ga. L. 1937, p. 1292), an Act approved January 13, 1938 (Ga. L. 1937-38, Ex.-Sess., p. 788), an Act approved March 6, 1945 (Ga. L. 1945, p. 916), an Act approved March 27, 1947 (Ga. L. 1947, p. 914), an Act approved February 3, 1949 (Ga. L. 1949, p. 106), an Act approved February 16, 1950 (Ga. L. 1950, p. 2615), and an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2723), so as to change the compensation of the chairman of said board; to specifically repeal certain sections of said Act; to repeal conflicting laws; and for other purposes.

Page 2305

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Roads and Revenues for Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, by an Act approved March 4, 1937 (Ga. L. 1937, p. 1282), an Act approved January 13, 1938 (Ga. L. 1937-38, Ex.-Sess., p. 788), an Act approved March 6, 1945 (Ga. L. 1945, p. 916), an Act approved March 27, 1947 (Ga. L. 1947, p. 914), an Act approved February 3, 1949 (Ga. L. 1949, p. 106), an Act approved February 16, 1950 (Ga. L. 1950, p. 2615), and an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2723), is hereby amended by striking therefrom section 9 in its entirety, and substituting in lieu thereof a new section 9 to read as follows: Section 9. The salary of the chairman of the said board shall be fixed by the board at not less than three hundred ($300.00) dollars per month nor more than four hundred ($400.00) dollars per month; provided, however, that if he does not give his entire time to the discharge of his duties as chairman, then he shall receive only the compensation as provided for other members of the board. Each member of the said board, other than the chairman, shall receive ten ($10.00) dollars per day for each day he attends a board meeting and in addition shall receive not more than seven and one-half (7) cents per mile as travel expense for attending the board meeting or in attending to the duties of his said office. All expense bills to be approved by the board in writing before payment. For extra service when rendered when not attending board meetings, the members shall present an itemized bill for approval by the board, for which service he is not to receive more than ten ($10.00) dollars per day, plus the above travel expense. Compensation. Section 2. Section 1 and 2 of said Act are hereby repealed in their entirety. Sections repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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A Bill to be Entitled An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, by an Act approved March 4, 1937 (Ga. L. 1937, p. 1292), an Act approved January 13, 1938 (Ga. L. 1937-38, Ex.-Sess., p. 788), an Act approved March 6, 1945 (Ga. L. 1945, p. 916), an Act approved March 27, 1947 (Ga. L. 1947, p. 914), an Act approved February 3, 1949 (Ga. L. 1949, p. 106), an Act approved February 16, 1950 (Ga. L. 1950, p. 2615), and an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2723), so as to change the compensation of the chairman of said board; to specifically repeal certain sections of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Roads and Revenues for Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended by an Act approved March 4, 1937 (Ga. L. 1937, p. 1292), an Act approved January 13, 1938 (Ga. L. 1937-38, Ex.-Sess., p. 788), an Act approved March 6, 1945 (Ga. L. 1945, p. 916), an Act approved March 27, 1947 (Ga. L. 1947, p. 914), an Act approved February 3, 1949 (Ga. L. 1949, p. 106), an Act approved February 16, 1950 (Ga. L. 1950, p. 2615), and an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2723, is hereby amended by striking therefrom section 9 in its entirety, and substituting in lieu thereof a new section 9 to read as follows: Section 9. The salary of the chairman of the said board shall be fixed by the board at not less than three hundred ($300.00) dollars per month nor more than four hundred ($400.00) dollars per month; provided, however, that if he does not give his entire time to the discharge of his duties as chairman, then he shall receive only the compensation as provided for other members of

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the board. Each member of the said board, other than the chairman, shall receive ten ($10.00) dollars per day for each day he attends a board meeting and in addition shall receive not more than seven and one-half (7) cents per mile as travel expense for attending the board meeting or in attending to the duties of his said office. All expense bills to be approved by the board in writing before payment. For extra service when rendered when not attending board meetings, the members shall present an itemized bill for approval by the board, for which service he is not to receive more than ten ($10.00) dollars per day, plus the above travel expense. Section 2. Section 1 and 2 of said Act are hereby repealed in their entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. (Adv.) 1-6-61x Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wallace L. Jernigan, who, on oath, deposes and says that he is representative from Clinch County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News, which is the official organ of said county, on the following dates: December 23 and 30, 1960 and January 6, 1961. /s/ Wallace L. Jernigan Representative, Clinch County. Sworn to and subscribed before me, this 16th day of January, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires March 17, 1961. (Seal). Approved March 7, 1961.

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CITY OF WAYCROSSGROUP INSURANCE FOR CITY EMPLOYEES. No. 100 (House Bill No. 184). An Act to amend an Act entitled An Act to provide and establish a new charter for the City of Waycross in the County of Ware, approved August 17, 1909, (Ga. L. of 1909, pp. 1456-1507), and the several Acts amendatory thereof, so as to authorize the City of Waycross to provide any type of group insurance, including life, sickness, accident, hospitalization, annuity, and similar insurance coverage for all regular employees of said city and their dependents; to provide that said City of Waycross may contract therefor with any insurance company authorized to transact business within the State of Georgia; to provide for the voluntary participation therein by such city employees; to provide for the payment of premiums by the City of Waycross and by such city employees; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act entitled An Act to provide and establish a new charter for the City of Waycross in the County of Ware, approved August 17, 1909, (Ga. L. of 1909, pp. 1456-1507), and the several Acts amendatory thereof, be and the same is amended so as to provide as follows: Section 1. The City of Waycross is hereby authorized to provide any type of group insurance, including life, sickness, accident, hospitalization, annuity, and similar insurance coverage, for all regular employees of said city and their dependents. Group insurance. Section 2. In connection therewith, the City of Waycross may enter into contracts of insurance with any insurance company authorized to transact business within the State of Georgia. Contracts. Section 3. Participation in such group insurance by

Page 2309

such employees shall be voluntary on the part of each employee, and no employee shall be required to participate therein or make contributions thereto, unless such employee shall desire to participate. Voluntary participation. Section 4. The City of Waycross is authorized and empowered to pay out of the general fund of the city not to exceed one-half of the premiums for such insurance covering participating employees only, which payment shall be deemed made for services rendered to said city and for the welfare and protection of such employees, and is further authorized and empowered to deduct from the wages or salaries of its participating employees such part of the premium for such insurance as is payable by such employee and as may be so authorized by the employee in writing, and to pay or remit said premiums directly to the insurance company issuing such group insurance. Premiums. Section 5. Be it enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Notice of Proposed Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at its session beginning in January, 1961, for the enactment of a local bill to amend an Act entitled An Act to provide and establish a new charter for the City of Waycross in the County of Ware, approved August 17, 1909, (Ga. L. of 1909, pp. 1456-1507), and the several Acts amendatory thereof, so as to authorize the City of Waycross to provide any type of group insurance, including life, sickness, accident, hospitalization, annuity, and similar insurance coverage for all regular employees of said city and their dependents; to provide that said City of Waycross may contract therefor with any insurance company authorized to transact business within the State of Georgia; to provide for the voluntary participation therein by such city employees; to provide for the payment of premiums by

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the city of Waycross and by such city employees; and for other purposes. City of Waycross By John R. Harrison, Mayor Attest: C. O. Parker, Clerk Georgia, Ware County. Before me, the undersigned officer duly authorized by law to administer oaths, personally appeared Jack Williams, Jr., editor and publisher of Waycross Journal-Herald, the official organ of the City of Waycross and the newspaper published in Ware County, Georgia, wherein sheriff's sales are advertised and which has a general circulation in Ware County, who, first being sworn, on oath states that the above and foregoing notice of intention to apply for passage of local legislation was published in the Waycross Journal-Herald in its issues of December 31, 1960, and January 7, 14, 1961. /s/ Jack Williams, Jr. Sworn to and subscribed before me, this 14th day of January, 1961. /s/ Louise Breen, Notary Public, Ware County, Georgia. My Commission Expires August 5, 1964. (Seal). Approved March 7, 1961.

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CLARKE COUNTYIMPROVEMENT OF STREETS, ETC., OUTSIDE OF ANY MUNICIPALITY. No. 101 (House Bill No. 121). An Act authorizing Clarke 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 Clarke 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 Clarke 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 collections 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 areas shall be defined as any area that has been subdivided into lots for residential or commercial purpose, either or both, of Clarke 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. Paving of streets, sidewalks, etc. Section 2. If the petition is approved by a majority of the commissioners, or if a majority of the commissioners

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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 decided to construct. Type of paving, etc. Section 3. The county commissioners by a majority vote shall have the right to determine whether said work 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. Work by contract or by county. 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. Work by county. 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. 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

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may in their discretion declare said resolution null and void. Protests. 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 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. Costs of improvements. 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. Hearings.

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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. Review. 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 rank with State and county taxes. Said execution shall be issued in the name of Clarke 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 Clarke 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. Illegality. Section 12. Any execution issued under the provisions

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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. Assignment 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 be construed as accepting same as a part of the public road system of Clarke County. Repairs. 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. Severability. 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 Clarke County, Georgia, are published, namely, in the Athens Banner-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. Affidavit of Publisher. Georgia, Clarke County. Personally appeared before the undersigned officer, E. B. Braswell, publisher of the Athens Banner-Herald, the official organ and gazette of Clarke County, Georgia, and the newspaper published in Clarke County, Georgia, wherein sheriff's sales are advertised and which has a

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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 December 23 and 30, 1960, and January 6, 1961. /s/ E. B. Braswell Sworn to and subscribed before me, this 12th day of January, 1961. /s/ Melba R. Weldon Notary Public, Clarke County, Georgia. My Commission expires March 20, 1964. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia the bill or bills to be entitled substantially as follows: An Act authorizing Clarke County, Georgia, and the governing authorities of said County to provide for the construction and maintenance, which shall include paving of streets, sidewalks or curbing, either one or a combination of two or more, in the urban areas of such county outside the corporate limits of any municipality located in such county, and to assess the cost thereof on a lineal foot basis against the abutting property owners. The governing authority is further authorized to provide for the issuance and enforcement of execution for the collection of such assessments, and for the creation of liens thereby against such abutting property; and to repeal all laws in conflict herewith, and for other purposes. This 21st day of December, 1960. /s/ Chappelle Matthews Julian Cox, Representatives, Clarke County, Georgia. Approved March 7, 1961.

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CLARKE COUNTYBUILDING CODE, ETC. No. 102 (House Bill No. 118). An Act authorizing Clarke County, Georgia, and the governing authorities of said county to issue and require building permits, to charge fees therefor and to establish a building code; to prescribe the procedure connected therewith; to carry into effect an amendment to the Constitution of the State of Georgia relating to the authority of Clarke County to provide such permits and building code; to provide that a violation of any lawful provision of any building code or amendment thereto which has been adopted or which may hereafter be adopted shall be a misdemeanor; to provide that such violations may be enjoined by Clarke County; and to repeal all laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Clarke County is hereby authorized to issue and require building permits for all buildings and structures which are to be constructed in Clarke County outside the corporate limits of any municipality, and to charge fees for such permits, which, in the discretion of the governing authority, shall not exceed the actual cost of any inspections which must be made relative to the issuance of such permits plus an amount which, in the discretion of the governing authority, should be charged to help defray the cost of the administration of this provision. The governing authority is further authorized to establish a building code governing all such construction, and to refuse building permits in cases where such construction does not conform with such code and cases where the governing authority, in its discretion, decides that the land upon which such construction is to be performed is unsatisfactory from a drainage or sanitary standpoint. The governing authority is hereby authorized to employ personnel to assist in carrying out the purposes of this provision, and is authorized to delegate to such personnel such of its duties as

Page 2318

it deems advisable, except that the final decision as to whether the permit shall be issued and the fee to be charged therefor shall rest with the governing authority, rather than such personnel. Building permits. Building Code. 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 Clarke 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 Clarke County pursuant to the Constitutional Amendment of 1960, shall be guilty of a misdemeanor and shall be punished in the manner provided by law for misdemeanors. Misdemeanor. Section 3. Any owner, contractor, builder, repairer or other person, firm or corporation engaging in the construction, reconstruction, remodeling or repair of any building within Clarke 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 Clarke County pursuant to said Constitutional Amendment shall be guilty of a misdemeanor and shall be punished in the manner provided by law for misdemeanors. Misdemeanor. Section 4. Any construction, reconstruction, remodeling, repairs or other work being done in Clarke County in violation of any lawful provision of said building code may be enjoined upon the application of Clarke County. Injunctions. Section 5. All laws or parts of laws in conflict herewith are hereby repealed. Section 6. 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. Severability. Section 7. Notice of intention to apply for the passage of this local bill has been published in the newspaper in

Page 2319

which the sheriff's advertisements for Clarke County, Georgia, are published, namely, in the Athens Banner-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. Affidavit of Publisher. Georgia, Clarke County. Personally appeared before the undersigned officer, E. B. Braswell, publisher of the Athens Banner-Herald, the official organ and gazette of Clarke County, Georgia, and the newspaper published in Clarke County, Georgia, wherein sheriff's sales are advertised 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 December 23 and 30, 1960, and January 6, 1961. /s/ E. B. Braswell Sworn to and subscribed before me, this 12th day of January, 1961. /s/ Melba R. Weldon, Notary Public, Clarke County, Georgia My Commission expires March 20, 1964. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia the bill or bills to be entitled substantially as follows: An Act authorizing Clarke County, Georgia, and the governing authorities of said County to authorize the governing authority of Clarke County to issue and require

Page 2320

building permits, to charge fees therefor, and to establish a building code; to prescribe the procedure connected therewith; and to repeal all laws in conflict herewith, and for other purposes. This 21st day of December, 1960. /s/ Chappelle Matthews /s/ Julian Cox Representatives, Clarke County, Georgia. Approved March 7, 1961. CITY OF WARRENTONCORPORATE LIMITS. No. 103 (House Bill No. 69). An Act to amend an Act entitled An Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton and for other purposes; approved July 30, 1908, as amended February 25, 1949, to correct the inaccuracies in the amendment of February 25, 1949, as amended March 4, 1955 to extend the city limits and as amended March 7, 1955 changing the city limits by changing the figure one thousand yards to one thousand feet as used therein, to correct the number of the State Highway from highway number ten to highway number twelve, and to change the limits of the right-of-way from the center line of the railroad to the southern line of the railroad, and from the center line of the highway to the eastern limits of the State highway, by extending the city limits in a northwesterly direction along the line of the present city limits and parallel to the center line of State Highway number twelve (12) seventeen hundred fifty (1,750) feet; thence at right angles and in a southwesterly direction six hundred (600) feet; thence at right angles and in a southwesterly direction

Page 2321

to the present city limits adjacent to the Mayfield road; and for other purposes. Be it and it is hereby enacted by the General Assembly of the State of Georgia: Section 1. That an Act entitled An Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton and for other purposes; approved July 30, 1908, as amended February 25, 1949, to correct the inaccuracies in the amendment of February 25, 1949, as amended March 4, 1955 to extend the city limits and as amended March 7, 1955, changing the city limits by changing the figure one thousand yards to one thousand feet as used therein, to correct the number of the State Highway from Highway Number ten to Highway number twelve, and to change the limits of the right-of-way from the center line of the railroad to the southern line of the railroad, and from the center line of the highway to the eastern limits of the State highway and for other purposes, be amended as follows: Section 2. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act the territorial limits of the City of Warrenton are extended to include all land embraced within the limits of a line running in a northwesterly direction along the line of the present city limits and parallel to the center line of State Highway number twelve for a distance of seventeen hundred fifty (1750) feet; thence at right angles and in a southwesterly direction six hundred (600) feet; thence at right angles and in a southwesterly direction to the present city limits adjacent to the Mayfield road. Section 3. Be it further enacted by the authority of the same that all laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intended Legislation. Notice is hereby given that the undersigned will introduce for passage in the session of the General Assembly

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of Georgia convening January 10, 1961 a Bill entitled as follows: An Act to amend an Act entitled An Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton and for other purposes, approved July 30, 1908, as amended February 25, 1949, to correct the inaccuracies in the amendment of February 25, 1949, as amended March 4, 1955 to extend the city limits and as amended March 7, 1955 changing the city limits by changing the figure one thousand yards to one thousand feet as used therein, to correct the number of the State Highway from highway number ten to highway number twelve, and to change the limits of the right-of-way from the center line of the railroad to the southern line of the railroad, and from the center line of the highway to the eastern limits of the State highway, by extending the city limits in a northwesterly direction along the line of the present city limits and parallel to the center line of State Highway Number twelve (12) seventeen hundred fifty (1750) feet; thence at right angles and in a southwesterly direction six hundred (600) feet; thence at right angles and in a southwesterly direction to the present city limits adjacent to the Mayfield road, and for other purposes. This the 13 day of December, 1960. Approved December 13th, 1960. /s/ James F. Clary, Mayor City of Warrenton, Ga. Dec. 23rd, 30th, 1960 and January 6th, 1961. State of Georgia, County of Warren. Personally appeared before me the undersigned attesting officer, Alva L. Haywood, who after being duly

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sworn, on oath deposes and says that he is the owner and publisher of the Warrenton Clipper, the official news organ of, and published in, Warren County, Georgia; that the Notice of Intention to Apply for the Passage of a Local Bill, a copy whereof as printed is hereto attached, was duly published in the said newspaper on the: 23rd day of December, 1960, the 30th day of December, 1960, and the 6th day of January, 1961. /s/ Alva L. Haywood, L. S. Notice of Intended Legislation. Notice is hereby given that the undersigned will introduce for passage in the session of the General Assembly of Georgia convening January 10, 1961 a Bill entitled as follows: An Act to amend an Act entitled An Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton and for other purposes, approved July 30, 1908, as amended February 25, 1949, to correct the inaccuracies in the amendment of February 25, 1949, as amended March 4, 1955 to extend the city limits and as amended March 7, 1955 changing the city limits by changing the figure one thousand yards to one thousand feet as used therein, to correct the number of the State Highway from highway number ten to highway number twelve, and to change the limits of the right-of-way from the center line of the railroad to the southern line of the railroad, and from the center line of the highway to the eastern limits of the State highway, by extending the city limits in a northwesterly direction along the line of the present city limits and parallel to the center line of State Highway number twelve (12) seventeen hundred fifty (1750) feet; thence at right angles and in a southwesterly direction six hundred (600) feet; thence at right angles and in a southwesterly direction to the present city limits adjacent to the Mayfield road, and for other purposes.

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This the 13th day of December, 1960. /s/ James F. Clary, Mayor City of Warrenton, Ga. Dec. 23, 30, Jan. 6 Approved March 7, 1961. JENKINS COUNTYCOMPENSATION OF ORDINARY. No. 105 (House Bill No. 13.) An Act to amend an Act providing for supplemental compensation to the Ordinary of Jenkins County, approved February 3, 1949 (Ga. L. 1949, p. 108), so as to change such supplement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for supplemental compensation to the Ordinary of Jenkins County, approved February 3, 1949 (Ga. L. 1949, p. 108), is hereby amended, by striking the words and figure sixty dollars ($60.00) and inserting in lieu thereof the words and figure one hundred twenty dollars ($120.00), so that when so amended section 1 shall read as follows: Section 1. That from and after the passage of this Act, the proper authorities of the County of Jenkins, State of Georgia, having charge of the fiscal affairs of said county, are hereby authorized and directed to pay the sum of one hundred twenty dollars ($120.00) monthly to the Ordinary of said county, in addition to the fees and compensation now allowed by law.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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January 4, 1961 To Whom It May Concern: This is to certify that the attached Notice of Local Legislation dealing with the fixing of compensation to be paid to the Ordinary of Jenkins County was published in The Millen News for four consecutive issues, as required by law. This ad appeared in the issues of December 8, 15, 22 and 29th of the year 1960. This the 4th day of January, 1961. /s/ Frank M. Edenfield, Publisher The Millen News. Notice Local Legislation. Georgia, Jenkins County. Notice is hereby given that a bill will be introduced at the next session of the General Assembly of Georgia, changing the compensation now paid to the Ordinary of Jenkins County; fixing the compensation to be paid the Ordinary of Jenkins County; and for other purposes. This December 1st, 1960. /s/ A. S. Newton Merrill Johnson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Merrill Johnson, who, on oath, deposes and says that he is representative from Jenkins County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Millen News, which is the official

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organ of said county, on the following dates: December 8, 15, 22 and 29th, 1960. /s/ Merrill Johnson, Representative, Jenkins County. Sworn to and subscribed before me, this 18 day of January, 1961. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved March 7, 1961. CITY OF COMERHOURS FOR HOLDING ELECTIONS. No. 106 (House Bill No. 37). An Act to amend an Act establishing a new charter for the City of Comer, Madison County, Georgia, approved August 20, 1913 (Ga. L. 1913, p. 728 et seq.), as amended by the Act of 1916 (Ga. L. 1916, p. 655), as amended by the Act of 1929 (Ga. L. 1929, p. 1004), as amended by the Act of 1945 (Ga. L. 1945, p. 589), so as to change the hours of voting; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Comer, Madison County, approved August 20, 1913 (Ga. L. 1913, p. 728 et seq.), as amended, is amended by striking therefrom the fourth sentence in section 6 thereof, which reads as follows: The polls shall open at nine o'clock a.m. and close at four o'clock p.m., and inserting in lieu thereof the following: The polls shall open

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at seven o'clock a.m. and close at seven o'clock p.m., so that said section 6, as amended, shall read as follows: Section 6. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said city shall be superintended and managed by a justice of peace and two freeholders, who are citizens of said city, and each of said managers before entering on his duties shall take and subscribe before some justice of the peace, or some other officer qualified to administer, the following oath: `We, and each of us, do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting to the best of our skill and power, so help us God.' Said managers shall keep or cause to be kept, two lists of voters and two tally sheets. All elections shall be held in the city hall of said city, and the voting shall be by ballot. The polls shall open at seven o'clock a.m. and close at seven o'clock p.m. Persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and council, who shall pay for same by an order of the city treasurer. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Madison County. Notice is hereby given that the City of Comer intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, convening in January 1961, amending section 6 of the Act creating a charter for the City of Comer, Georgia (Ga. L. 1913, p. 728 et seq.), as amended, so as to provide that in all elections held in the City of Comer the polls shall open at seven o'clock a.m. and close at seven o'clock p.m. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold A. Boggs, who on oath deposes and says that he is the Representative

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from Madison County and that the foregoing notice of intention to introduce local legislation was published in The Danielsville Monitor, which is the official organ of said County, on the following dates: December 2, 1960 and December 9, 1960 and December 16, 1960. /s/ Harold A. Boggs, Representative, Madison County. Sworn to and subscribed before me, this 5th day of January, 1961. /s/ H. B. Snelling, C.S.C. (Seal). Approved March 7, 1961. FANNIN COUNTYSALARY OF TAX RECEIVER. No. 108 (House Bill No. 63). An Act to provide for a monthly salary for the Tax Receiver of Fannin County; to provide that said compensation shall be in addition to all compensation presently being received by said official; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Tax Receiver of Fannin County shall receive in addition to all compensation now being received by said official a salary of fifty dollars ($50.00) per month. Said salary shall be paid out of the treasury of Fannin County. 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 at the General Assembly of Georgia which convenes in January, 1961 there will be

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introduced a local bill affecting only Fannin County, Georgia, which will provide for a change in the compensation for the Tax Receiver of Fannin County, Georgia. Any extra compensation involved to be paid out of the general funds of said county. Dec. 22, 29; Jan. 5. Georgia, Fannin County. Personally appeared before the undersigned attesting officer, Wilson Cobb, who being duly sworn deposes and on oath says, that he is publisher of the Fannin County Times, a newspaper of said county in which sheriff's advertisements are published, and that the above attached Notice of Proposed Local Legislation was duly published in said newspaper in the issues of December 22nd and December 29th, 1960 and January 5th, 1961. /s/ Wilson Cobb. Sworn to and subscribed before me, this the 7th day of January, 1961. /s/ Ted Bruce, Clerk of the Superior Court, Fannin County, Georgia. (Seal). Approved March 7, 1961. FANNIN COUNTYCOMPENSATION OF ORDINARY. No. 109 (House Bill No. 108). An Act to provide a supplemental salary for the Ordinary of Fannin County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the Ordinary of Fannin County shall be supplemented by the payment of one

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hundred ($100.00) dollars per month. Said sum shall be in addition to all compensation which he now receives and shall be paid from the funds of Fannin County. 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 at the General Assembly of Georgia which convenes in January 1961, there will be introduced a local bill affecting only Fannin County, Georgia, which will provide for a change in the compensation for the Ordinary of Fannin County, Georgia. Any extra compensation involved to be paid out of the general fund of said county. Dec. 22, 29; Jan. 5. Georgia, Fannin County. Personally appeared before the undersigned attesting officer, Wilson Cobb, who being duly sworn deposes and on oath says, that he is publisher of the Fannin County Times, a newspaper of said county in which sheriff's advertisements are published, and that the above attached Notice of Proposed Local Legislation was duly published in said newspaper in the issues of December 22nd and December 29th, 1960 and January 5th, 1961. /s/ Wilson Cobb. Sworn to and subscribed before me, this the 7th day of January, 1961. /s/ Ted Bruce, Clerk of the Superior Court, Fannin County, Georgia. (Seal). Approved March 7, 1961.

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CLARKE COUNTYWATER, SANITATION, SEWERAGE AND FIRE PROTECTION DISTRICTS. No. 110 (House Bill No. 122). An Act authorizing Clarke County, Georgia, and the governing authorities of said county to establish water, sanitation, sewerage and fire protection districts in Clarke County; to administer water, sanitation, sewerage and fire protection systems in said district; levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; provided what property shall be taxed for such purposes; to provide for the right of eminent domain; to carry into effect an amendment to the Constitution of the State of Georgia relating to the authority of Clarke County to establish water, sanitation, sewerage and fire protection districts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of the County of Clarke is hereby given the authority and power to establish and administer within the bounds of the County of Clarke, water, sanitation, sewerage and fire protection districts, each of which shall have such areas as may be found by said governing authority to be desirable; and may therein create, construct, maintain and operate a system, or systems, for said purposes; and provided that a district created for any system may include area of other district or districts created for the same or other systems or purposes and for said purposes shall have the power to make necessary plans and surveys; to hire necessary employees; to levy taxes or assessments on all property in said district or districts therefor; to issue bonds and revenue bonds for the construction and maintenance of said systems; to enter into contracts with private persons, firms, partnerships, public corporations, corporations and municipal corporations. Taxes may be levied therefor on all property in said districts upon the vote of the majority

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of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said district upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located in any such district. Authority. Section 2. Bonds may be issued for such purposes and, if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of the County of Clarke, and only those voters residing in such district shall participate in such election held for that purpose. Any other provision of this Constitution to the contrary notwithstanding, the governing authority of said county may issue bonds in an amount up to ten (10%) per cent of the assessed valuation of the property located therein subject to taxation for bond purposes and any such bonds issued in and for any such district shall not affect the amount of bonds Clarke County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, either for the operation and maintenance of the systems or for debt service. Provided further, that for the purposes hereinabove enumerated the said County of Clarke shall have the power of eminent domain and may exercise same upon the payment of just and adequate compensation as provided by this Constitution and the laws of this State. The planning, construction and establishing of any such system or systems may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Law of this State. Bonds. Eminent domain. Section 3. The board of commissioners of roads and revenues of Clarke 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.

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Section 4. 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. Severability. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Section 6. Notice of intention to apply for the passage of this local Bill has been published in the newspaper in which sheriff's advertisements for Clarke County are published, namely the Athens Banner-Herald, 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 publisher to the effect that said notice has been published as provided by law. Affidavit of Publisher. Georgia, Clarke County. Personally appeared before the undersigned officer, E. B. Braswell, publisher of the Athens Banner-Herald, the official organ and gazette of Clarke County, Georgia, and the newspaper published in Clarke County, Georgia, wherein sheriff's sales are advertised 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 December 23 and 30, 1960, and January 6, 1961. /s/ E. B. Braswell. Sworn to and subscribed before me, this 12th day of January, 1961. /s/ Melba R. Weldon, Notary Public, Clarke County, Georgia. My commission expires March 20, 1964. (Seal).

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia the bill or bills to be enacted substantially as follows: An Act authorizing Clarke County, Georgia, and the governing authorities of said county to establish water, sanitation, sewerage and fire protection districts in Clarke County; may administer water, sanitation, sewerage and fire protection systems in said district; levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; provided what property shall be taxed for such purposes; to provide for the right of eminent domain; to provide a method for submission of this amendment to said voters for ratification; to provide for necessary advertising of said proposed amendment; and for other purposes; and to repeal all laws in conflict herewith, and for other purposes. This 21st day of December, 1960. /s/ Chappelle Matthews, /s/ Julian Cox, Representatives, Clarke County, Georgia. Approved March 7, 1961. CITY OF JESUPCHARTER AMENDED. No. 111 (House Bill No. 135). An Act to amend an Act entitled, An Act to incorporate and create a new charter for the City of Jesup, in Wayne County, Georgia; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits of said city; to confer extraterritorial jurisdiction upon said city; to provide that no valid and

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existing ordinance nor contract made nor right acquired of its predecessor corporation shall be affected by this Act; and for other purposes. Approved December 16, 1937 (Ga. L. 1937-38, p. 1142), as amended, so as to authorize and empower said City of Jesup, Georgia, through its governing authorities to pave, repave, macadamize, curb and otherwise improve and reimprove any or all of the side walks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places, or highways, or any portion thereof, within the corporate limits of said city and to assess the costs of making such improvements in whole or in part against the abutting property and its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such abutting property therefor; to provide for the issuing of bonds known as street-improvement bonds to be negotiated by the city, or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on the property in said city subject to municipal taxation, to be used in defraying the City of Jesup's share of the expense of said improvements; to authorize said improvements to be made and said paving and macadamizing to be done by said City of Jesup as herein provided, or in connection with any department of this state; to provide for the condemnation of private property for the public use, and the manner of acquiring same by the city; to provide that no person shall be eligible to hold the office of commissioner of the City of Jesup unless he or she is a freeholder, owning property within the corporate limits of said city; to provide for an entrance fee for all candidates for the office of commissioner for the City of Jesup; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved December 16, 1937 (Ga. L. 1937-1938, p. 1142), entitled: An Act to incorporate and create a new charter for the City of Jesup, in Wayne

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County, Georgia; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits of said city; to confer extraterritorial jurisdiction upon said city; provide that no valid and existing ordinance nor contract made nor right acquired of its predecessor corporation shall be affected by this Act; and for other purposes, is hereby amended by adding thereto the following sections: Section 1. Public Improvements Authorized : The Board of Commissioners for the City of Jesup is hereby authorized and empowered, whenever in its judgment the public convenience and welfare may require it, to establish, relocate and change the grade of, and to pave, repave, macadamize, curb, and otherwise improve and reimprove any or all of the streets, alleys, sidewalks, footways, crosswalks, drains, gutters, roads, highways, or any portions thereof within the corporate limits of said city, and to assess the cost of such improvements against the abutting property and the owners thereof, and to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefrom, and to provide for the issuance of bonds to be known as street-improvement bonds, which may be negotiated, sold, or otherwise hypothecated by said city; or used otherwise, in making provision for the payment of the cost of such improvements, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation, to be used in defraying the city's share of the expense of such improvement in conformity with the provisions of this Act. Section 2. Resolution Declaring Improvement Necessary; Publication; Protest : Whenever the Board of Commissioners for the City of Jesup shall deem it necessary to grade, relocate, widen, curb, pave, repave, macadamize, drain, or otherwise improve any street, sidewalk, avenue, alley, or other public place in said city, or any part thereof, said Board of Commissioners shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published one time in the newspaper

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in which the advertisements for sheriff's sales in Wayne County are published. Any owner of land fronting on such proposed improvement and liable to assessment therefor shall have the right, at any time within ten (10) days, not including Sundays, after the publication of said resolution or ordinance, to file written protest against such improvements or any part thereof in which protest such owner or owners shall set up the grounds of objection. Any number of streets, avenues, sidewalks, alleys, or other public places, or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be made as to each street or sidewalk or alley or other public place separately, except when treated as one project. Provided, that where two or more streets running in the same general direction from one continuous way, they may be treated as one street, and the improvement thereof as in this Act provided shall constitute one project and shall be dealt with accordingly as to resolutions, ordinances, or other proceedings. At its first or any regular meeting after the expiration of ten (10) days from the publication of the resolution above mentioned, the Board of Commissioners for said city shall hear and determine all protests and objections filed within said ten (10) days after such publication, and shall designate by resolution just what streets, alleys, sidewalks, or other public places, or parts thereof shall be paved or otherwise improved, and such decision of said Board of Commissioners shall be final. Provided, that at such meeting said Board of Commissioners may decrease the length of width of the proposed paving or other improvement on any streets, alleys, sidewalks, or other public places, without further advertising. Provided further, that if the owners of more than one half of the lineal foot frontage of the land liable to assessment for any such paving or other improvement shall petition the City of Jesup for any such improvement of any street, alley, sidewalk, or other public place or any part thereof, describing in such petition the character of the improvement desired, the width of the same and the materials preferred by petitioners for such improvement, it shall thereupon be the duty of said Board of Commissioners to promptly cause the said improvements

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to be made in accordance with the prayer of said petition, and in such cases the resolution heretofore mentioned shall not be required. Section 3. Resolution Requiring Improvements : After the expiration of the time for objection or protest on the part of the property owners, if no written protest be filed, or after a decision by the Board of Commissioners for said city on any protests or objections that may have been duly filed, or on receipt of the petition for such improvements properly signed by the owners of more than one half of the lineal foot frontage of the land to be assessed, the said Board of Commissioners shall adopt a resolution reciting such facts and expressing the determination of said city to proceed with the improvement, stating the material to be used and the manner of construction, and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the city manager or engineer of said city in the performance of his duties in preparing for such improvements the necessary plans, plats, profiles, specifications, and estimates. Said resolution shall set forth any such reasonable terms and conditions as said Board of Commissioners shall deem proper to impose with reference to letting the contract and provisions therefor, and may provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested, against any loss or damage by reasons of the negligence or improper execution of the work, and for the maintenance of good condition of such improvement for a period of not less than (5) years from the time of its completion, in the discretion of said Board of Commissioners. Said resolution shall also direct the city manager or engineer of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice for such proposals shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor

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aforesaid, and shall state the time when and the place where such sealed proposals shall be filed and when and where the same will be opened and considered by said city. Said notice shall be published one time in the newspaper in which advertisements for sheriff's sales are published in Wayne County. At the time and place specified in such notice the Board of Commissioners shall examine all bids received, and without unnecessary delay award the contracts to the most satisfactory bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said City of Jesup as prescribed in such resolution and notice for proposals, and the said city shall have the right to reject any and all bids and readvertise for other bids, when any such are not in its judgment satisfactory. The Board of Commissioners may provide in said notice for proposals that payment for the cost of improvements shall be made by a transfer and assignment to the contractor of the lien of assessment provided for in section 7 hereof, in which event the successful bidder shall be required to accept such transfer and assignment in payment of the cost of such improvements. In such event, the City of Jesup shall act as agent of said successful bidder in collection of the installments due and payable under and by virtue of said lien of assessments. Section 4. Authority to Enact Ordinances to Carry Out Improvements : Whenever the petition provided for in section 2 of this Act is presented, or when the Board of Commissioners shall have determined to pave, repave, or improve any street, avenue, lane, or alley or other public place, and shall have passed the resolution provided for in section 2 of this Act, the Board of Commissioners shall then have the power to enact all ordinances and resolutions and to establish all such rules and regulations as may be necessary to require the abutting property, and the owners thereof, to pay its pro rata part of the cost of such improvement, and said city shall have authority to cause to be put in and constructed all water, gas, or sewer-pipe in and beneath the streets, avenues, lanes, alleys, and all other public places where said public improvements

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are to be made, upon such terms and conditions as the Board of Commissioners may provide. Section 5. Basic of Assessments : The expense of constructing, grading, paving, repaving, macadamizing, and otherwise improving of any of the sidewalks, alleys, streets, or other public places, or any portion thereof within the corporate limits of the said City of Jesup shall be apportioned as follows: All lots, pieces or parcels of land fronting and abutting upon both sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of said improvements for the said frontage on the basis of lineal foot frontage including intersection; provided, that the frontage of intersecting streets, avenues, lanes, or alleys may be assessed as real estate abutting upon the said streets, alleys, lanes, or avenues, paved or otherwise improved, and the said City of Jesup shall be, for all intents and purposes of this Act, the owner of all such real estate abutting on any such street, lane, alley, or avenue if so provided by the Board of Commissioners, in which event the cost and expense of such frontage upon that part of said street, lane, alley, or avenue belonging to or owned by the said City of Jesup, including all intersections of said streets, avenues, lanes, or alleys, shall be chargeable to and borne by the City of Jesup, Georgia, which may be paid by the levy and collection of ad valorem tax or by the issuance of bonds other than the street improvement bonds authorized by this Act to be issued; or from any of the general funds of said city when the same are large enough to take care of any or all of such cost or expense, or by any funds which may be allotted for the use and benefit of the public streets in the City of Jesup by the State or Federal Government or by the State and Federal Government or either State or Federal public-road funds, or both; and that either of the funds herein provided for may be supplemented by the levy of an ad valorem tax by the issuance of bonds, or by the State or Federal roads funds allotted to the City of Jesup, or from any other fund which can be legally applied to said cost or expense. Section 6. Roll of Assessments; Protests : Whenever

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any of the aforesaid paving or other improvements have been authorized, either by petition of property owners or by resolution of the Board of Commissioners and the contract therefor has been let and the cost of such improvements has been ascertained, which cost shall include all the expenses incurred by the city incident to such improvements, including the cost of intersection on any street or streets to be paved, the Board of Commissioners of said city shall by written resolution apportion the cost and expense of the same pro rata per lineal foot front to the several tracts, lots, or parcels of land, including the street intersections to be assessed against said city, and shall cause to be made up a written report or assessment of such expense and cost to the several lots and tracts of land abutting on such streets, alleys, sidewalks, or other public places so improved, including a general description of such tracts of land and the names of the reputed owners thereof. And said report or assessment-roll shall be filed with the city clerk of the City of Jesup. When said report or assessment-roll has been thus filed, a notice signed by the city clerk or city manager shall be published one (1) time in the newspaper in which advertisements of sheriff's sales are published in Wayne County, giving a description of the streets, sidewalks, alleys, or other public places paved or otherwise improved, and stating that the cost thereof has been ascertained and the assessments against all abutting property fixed, and filed with the city clerk, open to inspection, and that any objections or protests may be filed in writing within ten (10) days. Any abutting property owner may, within ten (10) days from the publication of such notice, not including Sundays, file a written protest as to the assessment against his or her property, setting up in said written protest all the grounds thereof. At any regular or called meeting of the Board of Commissioners after the expiration of ten (10) days from the publication of the aforesaid notice, said Board of Commissioners shall hear and determine all such protests or objections that may be filed within the ten-day period to said assessments, and shall have power to confirm said assessments as first made, or to review and amend same as justice may require, and

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then confirm same as amended. The confirming of such assessments shall be by ordinance, which shall be known as the assessment ordinance, and on the passage of such assessment ordinance said assessments shall be considered duly levied. Such assessment-roll as thus finally confirmed shall be duly certified as correct by the clerk of the City of Jesup, and shall be recorded on the mortgage records of Wayne County, as further notice of such assessments on the various parcels of land therein described. Section 7. Liens of Assessments : Such assessments and all installments thereof together with interest thereon, shall be a special lien against the tracts, parcels, or lots of land so assessed, from the date of the ordinance levying such assessments, such lien to be equal with the other taxes, and prior and superior to all other liens against such lots or parcels of land, until finally paid with all interest and charges thereof. Section 8. Assessments Payable in Installments; Interest Rate : Such assessments shall be paid in equal annual installments, over such period of years not less than two (2) nor more than ten (10), as such shall be fixed and prescribed by the Board of Commissioners, together with the interest upon the whole amount of such assessments at the rate of not more than seven (7) per cent per annum, payable annually at such time and place as shall be provided by the Board of Commissioners. All such payments shall be made to the clerk of the City of Jesup unless otherwise provided by the Board of Commissioners who shall issue proper receipts therefor and keep an accurate account of such collections thus made by him, which collections shall be kept as a separate fund to be used and applied to the payment of such bonds or assessments and the interest thereon as may be issued under authority of this Act, and such funds shall be used for no other purpose. Provided, however, the owners of the property assessed shall have the privilege of paying the amount assessed against their property within thirty (30) days from the date of the passage of the assessment ordinance, without interest, thereby relieving such property from the lien of such assessment.

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Section 9. Additional Assessments : In the event any assessment shall be found to be invalid, inaccurate or for any reason insufficient in whole or in part, the Board of Commissioners may at any time, in the manner provided for the making of an original assessment, proceed to cause a new assessment be made and affixed, it shall have like force and effect as an original assessment. Section 10. Default in Installments : Upon failure of any property owner to pay any installment when due of any assessment herein levied, the City of Jesup is authorized to issue its execution against such property owner and such property for the whole amount of the assessment against such property remaining unpaid, with interest thereon, and to enforce the payment thereof by levy and sale, which execution shall be issued and sales thereunder conducted as in the case of the issuance of executions and sales for other city taxes, and such sale shall vest in the purchaser absolute title to the property sold. And as against any assessments or any part thereof for the improvements herein provided for and the enforcement of the same by execution and levy, and abutting property owner shall have the right to file an affidavit of illegality, returnable to the superior court of Wayne County, and to contest the legality of such assessment, which affidavit shall set forth in detail the reason why the affiant claims the execution is proceeding illegally; and if any part of said execution is admitted to be due, the affiant shall pay the same to the levying officer before such levying officer shall be required to receive and return said affidavit of illegality to the superior court of Wayne County. When said affidavit is filed, the same shall be tried and determined as in other cases of illegality, subject to all penalties provided by law in cases where such proceedings are filed for delay only; and said affiant shall be required to give bond with good and sufficient security for the payment of costs in the event said illegality is not sustained, or in lieu of such bond may file an affidavit in forma pauperis as provided in claim cases. Section 11. Bonds for Street Improvements : The Board of Commissioners for the City of Jesup, after the

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expiration of thirty (30) days from the passage of said ordinance confirming and levying said assessment may, by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date thirty (30) days after the passage of the ordinance fixing said assessments and of such denomination as the Board of Commissioners shall determine which said bonds shall in no event become a liability of the City of Jesup. Said bonds shall be payable in equal annual installments over the same period of years of not less than two (2) nor more than ten (10), as such have been fixed and provided by the Board of Commissioners for the payment of the assessments in installments and one (1) installment of any such series of bonds with interest upon the whole series to date shall be payable on such day and at such place as may be determined by the Board of Commissioners and one installment thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the same day in each succeeding year until all shall be paid. Said bonds shall bear interest at a rate not exceeding 7% per annum from date until maturity, payable annually, and shall be designated as Street Improvement Bonds and shall upon the face thereof recite the street or streets, part of street or streets or other public places for the improvement of which they have been issued and that they are payable solely from assessments which have been affixed upon the lots or tracts, or land benefited by said improvements. Said bonds shall be signed by the mayor and attested by the clerk of the Board of Commissioners, and shall have the impression of the corporate seal of the City of Jesup thereon, and shall have interest coupons attached, and all bonds issued by authority hereof shall be payable at such place as shall be designated by the Board of Commissioners. Section 12. Government Owned Property : Whenever the State or any of its political subdivisions is the owner of any property on any street or sidewalk or other public place to be paved or otherwise improved, the frontage so owned shall be counted as if owned by an individual and shall be likewise treated for the purposes of assessment; and where the State is the owner of the property, the Governor

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is authorized to sign any petition or protest provided for in this Act for and in behalf of the State; and where the county is the owner the chairman of the Board of Roads and Revenues of Wayne County is authorized to sign in behalf of the county; and where the City of Jesup is the owner, the mayor of Jesup is authorized to sign in behalf of the city. When the right of way of any railroad company crosses any street, highway, or other thoroughfare within the corporate limits of said city, such company shall be deemed, for the purposes of this Act, as the owner of property on both sides of the street, highway, or the thoroughfare to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracts. Any and all property owned by Wayne County, lying within the corporate limits of said city and abutting on any street or sidewalk or highway thereof, shall be assessable for any and all public improvements authorized by this Act, in the same manner and to the same extent as such property would be if owned by any private individual, without regard to the use made by the county of such property; and such assessments made against such property shall be collected from the county by an action at common law against said county, or by such other legal method as is allowed by law for the collection of demands against said county. Section 13. Control of Streets : The Board of Commissioners for the City of Jesup shall have full and complete control of the streets, alleys, sidewalks, and squares of said city, and shall have power and authority to open, lay out, widen, straighten or otherwise change all streets, sidewalks, alleys, and squares in said City of Jesup. Whenever the said Board of Commissioners for the City of Jesup shall exercise the powers herein delegated, and shall fail to agree with the owner or owners of the property taken or damaged, as to the amount of damage, the said Board of Commissioners shall choose one appraiser and the owner of the land to be taken or damaged shall choose another appraiser, and the two thus chosen, if they fail to agree, shall elect a third appraiser; and the three appraisers thus chosen, after being sworn to do justice

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between the parties, shall fix the damage to the owner of the property caused by the opening or damaging of such street, alley, or square; and if the property owner, after five (5) days' notice, shall fail to name an appraiser, the clerk and treasurer shall name one for him; and in every case where the two appraisers chosen shall, for the space of five (5) days, fail to agree upon the third appraiser, the said clerk and treasurer shall appoint such appraisers; provided, the said appraisers, whether chosen by the parties or appointed by the clerk and treasurer, shall be citizens of said city. The award of the appraisers shall be in writing, and shall be filed within five (5) days in the clerk's office of the Superior Court of Wayne County, and shall thereupon operate as a judgment and execution may issue thereon. Either party may, within ten (10) days from filing of the award, enter an appeal to the Superior Court of Wayne County. All costs, including the fees of the appraisers, shall be paid by the clerk; and at any stage of the proceedings to condemn, before or after the final award, the Board of Commissioners may, by paying to the property owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property, or to make the change in such street, alley, sidewalk or square. Section 14. Qualifications of Commissioners : No person shall be eligible to hold the office of Commissioner of the City of Jesup unless he or she shall be a freeholder, owning property within the corporate limits of said city. Section 15. Entrance Fee : All candidates for the office of Commissioner for the City of Jesup shall be required to pay an entrance fee of $15.00 each. Section 2. This Act shall be construed as cumulative to other laws now in force providing for public improvements for the City of Jesup, and such other laws as are not in conflict with this Act shall be and remain in force. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1961 session of the General Assembly of Georgia, local legislation to amend the charter of the City of Jesup, as amended, so as to provide an additional method of financing paving and otherwise improving the public streets, sidewalks and alleys of said city; to authorize the assessment of the costs of such paving and other improvements against the abutting real estate; to authorize the Board of Commissioners for the City of Jesup to provide by ordinance for the payment of ad valorum taxes on motor vehicles by the owners thereof who reside within the corporate limits of said city; and for other purposes. This 14th day of December, 1960. /s/ William A. Zorn, City Attorney. Georgia, Wayne County. Personally appeared before me, the undersigned attesting officer duly authorized to administer oaths, W. B. Rhoden, who on oath deposes and says that he is editor and publisher of The Jesup Sentinel, the official organ of Wayne County and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Jesup Sentinel on the following dates, to-wit: December 20, 1960; December 29, 1960 and January 5, 1961. /s/ W. B. Rhoden. Sworn to and subscribed before me, this 6th day of January, 1961. /s/ William A. Zorn, Notary Public, Wayne County, Georgia. My commission expires December 16, 1962. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1961 session of the General Assembly of

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Georgia, local legislation to amend the charter of the City of Jesup, as amended, so as to provide an additional method of financing paving and otherwise improving the public streets, sidewalks and alleys of said city; to authorize the assessment of the costs of such paving and other improvements against the abutting real estate; to authorize the Board of Commissioners for the City of Jesup to provide by ordinance for the payment of ad valorem taxes on motor vehicles by the owners thereof who reside within the corporate limits of said city; and for other purposes. This 14th day of December, 1960. /s/ Wm. A. Zorn, City Attorney. Approved March 7, 1961. CITY OF GRIFFINAPPEARANCE BONDS. No. 112 (House Bill No. 84). An Act to amend an Act creating a new charter for the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, so as to change the amount of appearance bonds and the deposit of collaterals or money; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, is hereby amended by striking section 73 in its entirety and inserting in lieu thereof a new section 73, to read as follows: Section 73. Appearance Bonds . When a copy of such summons or information is delivered to such person, he or she may be required to give bond in each case not to

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exceed $1500.00, or deposit collaterals or money, not to exceed $750.00, to secure his or her attendance at the trial, and when such bond is given as collaterals or money deposited, such person shall be discharged from custody. 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 by law to administer oaths, Arthur K. Bolton and O. Q. Melton, Jr., who on oath depose and say that they are representatives from Spalding County, Georgia, 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: Dec. 20, 1960; Dec. 27, 1960; and Jan. 3, 1961. /s/ Arthur K. Bolton, /s/ O. Q. Melton, Jr. Representatives, Spalding County, Georgia. Sworn to and subscribed before me this 11th day of January, 1961. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My commission expires Oct. 6, 1964. (Seal). Notice of Local Legislation. Notice is hereby given that application for the passage of local legislation at the January session, 1961, of the General Assembly of Georgia, will be made in order to amend the charter of the City of Griffin, as amended, to: (a) To amend sec. 5 of said charter relating to the qualifications of members of the Board of Commissioners.

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(b) To extend the corporate limits of said city so as to annex certain areas now outside of said corporate limits. (c) To amend section 78 of said charter relating to the amount of appearance bonds. This 20th day of December, 1960. /s/ J. S. Langford, City Manager, City of Griffin. Approved March 7, 1961. TOWN OF BUENA VISTACHARTER AMENDED. No. 113 (House Bill No. 86). An Act to amend an Act entitled An Act to create a new charter for the Town of Buena Vista, Georgia, to establish a municipal government for said city, to change the time for electing a mayor and five councilmen for said city; to define the rights, powers and duties of the same and of said city and to repeal all conflicting laws., approved July 31, 1920 (Ga. L. 1920, p. 792), as amended, so as to provide for a two (2) year term of office for the mayor; to change the hours for which the polls are to be kept open on election days; to provide that each candidate offering for election to fill a seat on the city council shall designate which seat he desires to fill; to provide for absentee voting; to provide that the mayor and three (3) members of the council shall constitute a quorum; to repeal conflicting laws; and for other purposes. To be enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a new charter for the Town of Buena Vista, Georgia, to establish a municipal government for said city, to change the

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time for electing a mayor and five councilmen for said city; to define the rights, powers and duties of the same and of said city and to repeal all conflicting laws., approved July 31, 1920 (Ga. L. 1920, p. 792), as amended, is hereby amended by striking section 3 in it's entirety and substituting in lieu thereof the following: Section 3. On the first Monday in December, 1961, and on the first Monday in December each and every year thereafter, there shall be an election held at the courthouse in said city for the purpose of filling vacancies in the offices of mayor and councilmen as they occur. The term of office of the mayor and councilmen shall be for two (2) years, and until their successors shall be elected and qualified. The franchises of said corporation shall not be forfeited or discontinued by a failure to hold the election at the proper time; but the mayor and council, or council or a justice of the peace therein may at any time, on giving the inhabitants five days notice, by advertisement in the county newspaper, or by written or printed notices at three public places in the corporation, hold such election; and the persons elected at said election shall have the same power and authority as if they had been elected at the regular period. All elections under this Act shall be held by a justice of the peace, by the Ordinary of Marion County, or by three freeholders residing therein, and each of said managers before entering upon his duties shall take and subscribe before some officer qualified to administer an oath, or before each other, the following oath: `We, and each of us, do swear that we will faithfully and impartially conduct this day's election and prevent illegalities to the best of our skill and knowledge, so help us God.' Such election shall be conducted under rules and regulations governing elections for members of the General Assembly, except that only two lists of voters and two tally sheets shall be kept. At all elections the polls shall be opened at eight o'clock a.m. and shall close at five o'clock p.m. After the polls are closed, the managers shall count the votes, declare the result and certify the same to the mayor and council. The managers shall deposit with the mayor all papers pertaining to said elections who shall preserve them for ten days and then destroy

Page 2352

them, unless notice of contest has been filed. All contests shall be conducted as may be prescribed by law. Each candidate for the office of councilman shall specially designate which vacancy on the council he is offering to fill. Terms of mayor and councilmen. Elections. Section 2. Said Act is further amended by adding to the end of section 4 the following: Upon proper application being made to the recorder, the otherwise qualified voters in any city election shall be permitted to vote by absentee ballot under the same rules, regulations, and procedures as are prescribed for absentee voting in state elections by general state law., Absentee ballots. so that when so amended section 4 shall read as follows: Section 4. Be it further enacted, That the mayor and city council of the City of Buena Vista may provide by ordinance for the registration of voters and no person shall be allowed to vote at any city election held under the provision of this charter except such as shall have been duly registered in compliance with terms of said ordinance. Upon proper application being made to the recorder, the otherwise qualified voters in any city election shall be permitted to vote by absentee ballot under the same rules, regulations, and procedures as are prescribed for absentee voting in state elections by general law. Section 3. Said Act is further amended by striking from the third sentence of section 8 the word four and substituting in lieu thereof the word three so that when so amended section 8 shall read as follows: Section 8. Be it further enacted, That the mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all the meetings of the mayor and council the mayor, if present, shall preside, and he may vote in all cases of a tie. The mayor and three members of council to constitute a quorum for the transaction of business. A less number, in the absence of a quorum, may adjourn a regular meeting to a future time. Council meetings.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January session 1961 of the General Assembly of Georgia a bill to amend the Act creating a charter for the Town of Buena Vista approved July 31, 1920 (Ga. L. 1920, p. 792), so as to provide for a quorum; to provide for the term of the Mayor; to provide for the time during which the polls shall be open; to provide that each candidate for city councilman shall designate the seat on the council for which he will seek election; to provide for absentee voting; and for other purposes. This 19th day of December, 1960. /s/ E. C. Stevens, Representative, Marion County. Georgia, Marion County. Personally appeared before the undersigned officer who is duly authorized to administer oath in said county, the deponent, E. C. Stevens, who after being duly sworn says on oath that he is the author of the attached local bill pertaining to the City of Buena Vista, Georgia, and that the foregoing notice of intention to apply therefor has been published three times as provided by law in the Marion County Patriot, the newspaper in which the sheriff's advertisements for Marion County are published, such publications having been made once a week for three weeks during a period of 60 days immediately preceding its introductions into the General Assembly. The publication dates were as follows: December 22, 1960; December 29, 1960; and January 5, 1961. /s/ E. C. Stevens, Representative, Marion County.

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Sworn to and subscribed before me this 14th day of January, 1961. /s/ Emmelette Taylor, Notary Public, Georgia, State at Large. My commission expires March 18, 1964. (Seal). Approved March 7, 1961. COMPENSATION OF TAX RECEIVERS IN CERTAIN COUNTIES. No. 115 (House Bill No. 92). An Act to amend an Act entitled An Act to provide that the tax receiver in all counties of the State having a population of not less than 5,975 and not more than 6,500, according to the United States Census of 1950, and all future United States censuses, shall be paid from ad valorem school tax collected for the county board of education a commission of two and one-half percent of the net amount collected by the county tax collector; approved February 8, 1951 (Ga. L. 1951, p. 69), so as to change the population and census figures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide that the tax receiver in all counties of the State having a population of not less than 5,975 and not more than 6,500, according to the United States census of 1950, and all future United States censuses, shall be paid from ad valorem school tax collected for the county board of education a commission of two and one-half percent of the net amount collected by the county tax collector; is hereby amended by striking from said Act section 1 in its entirety and substituting in lieu thereof a new section 1 which shall read as follows: 1951 Act amended.

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Section 1. That from and after the passage of this Act, the tax receiver of all counties of this State having a population of not less than 6,520 and not more than 6,560, according to the United States census of 1960 or any future United States censuses, shall be paid from the ad valorem school tax collected for the county board of education a commission of two and one-half percent of the net amount collected. Counties when applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961. BOARDS OF TAX ASSESSORS IN CERTAIN COUNTIES. No. 116 (House Bill No. 30). An Act to amend an Act abolishing the office of the members of the County Board of Tax Assessors in all counties of this State having a population of not less than 29,050 nor more than 30,275, according to the 1950 United States census or any future such census, approved February 14, 1958 (Ga. L. 1958, p. 2049), so as to amend the title of said Act; to change the population figures; to change the census figures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the office of the members of the county board of tax assessors in all counties of this State having a population of not less than 29,050 nor more than 30,275, according to the 1950 United States census or any future such census, approved February 14, 1958 (Ga. L. 1958, p. 2049), is hereby amended by striking from the title thereof the words and figures not less than 29,050 nor more than 30,275, according to the 1950 United States census or any future such census and substituting in lieu thereof the words and figures not less than 34,050 nor more than 34,200 according to the 1960

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United States census or any future such census. So that when so amended the title to said Act shall read as follows: An Act to abolish the terms of office of the members of the county board of tax assessors in all counties of this State having a population of not less than 34,050 nor more than 34,200, according to the 1960 United States census or any future such census; to authorize the governing authorities in such counties to appoint a new board of tax assessors for a term of two years and until their successors are appointed and qualified; to authorize the governing authorities in such counties to appoint successors for a like term; to repeal conflicting laws; and for other purposes. 1958 Act amended. Section 2. Said Act is further amended by striking from section 1 thereof the words and figures not less than 29,050 nor more than 30,275, according to the 1950 United States census or any future such census and substituting in lieu thereof the words and figures not less than 34,050 nor more than 34,200, according to the 1960 United States census or any future such census. So that when so amended section 1 of said Act shall read as follows: Counties when applicable. Section 1. In all counties in this State having a population of not less than 34,050 nor more than 34,200, according to the 1960 United States census or any future such census, the terms of the appointed members of the county board of tax assessors are hereby abolished. The governing authorities in all such counties are hereby authorized to appoint a new board of tax assessors for a term of two years and until their successors are appointed and qualified. The governing authorities in all such counties are hereby authorized to appoint successors for a term of two years and until their successors are appointed and qualified. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961.

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ACT PLACING OFFICERS OF CERTAIN COUNTIES ON SALARY BASIS REPEALED. No. 117 (House Bill No. 117). An Act to repeal an Act entitled An Act to provide that in all counties of the State of Georgia having a population, according to the official United States Census of 1940, and any future census of the United States, of not less than 40,000 inhabitants and not more than 50,000 inhabitants, so as to change from the fee system to the salary system in such counties the annual compensation received by the clerk of the superior court, the sheriff, the ordinary, the tax collector, the tax receiver, and the tax commissioner; to make provisions regulating the carrying out of said change; to regulate the disposition of costs; to provide salaries for said officers; to empower said fiscal authorities of the counties to fix such salaries; and for other purposes., approved February 25, 1949 (Ga. L. 1949, p. 1460), to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide that in all counties of the State of Georgia having a population, according to the official United States census of 1940, and any future census of the United States, of not less than 40,000 inhabitants and not more than 50,000 inhabitants, so as to change from the fee system to the salary system in such counties the annual compensation received by the clerk of the superior court, the sheriff, the ordinary, the tax collector, the tax receiver, and the tax commissioner; to make provisions regulating the carrying out of said change; to regulate the disposition of costs; to provide salaries for said officers; to empower said fiscal authorities of the counties to fix such salaries; and for other purposes., approved February 25, 1949 (Ga. L. 1949, p. 1460), is hereby repealed in its entirety. 1949 Act repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961.

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CITY OF AUGUSTAEMINENT DOMAIN OUTSIDE CORPORATE LIMITS. No. 118 (House Bill No. 51). 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 particularly as amended by an Act entitled An Act to Amend an Act entitled an Act to Incorporate Augusta and to Improve the Public Roads in the neighborhood thereof, approved January 31st, 1798, and the several Acts amendatory thereof, so as to Authorize the City Council of Augusta to construct drains and sewers, to provide a better system of drain and sewer assessments, and for other purposes, approved December 22, 1898 (Ga. L. 1898, p. 133-135), so as to grant the City Council of Augusta the right to condemn private property in Richmond County outside and beyond its corporate city limits for the construction and laying down of drains and sewers; 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 as follows: Section 1. That the charter of the City of Augusta, incorporated as The City Council of Augusta by an Act approved January 31, 1798 (Ga. L. 1798) as amended by the various amendatory Acts thereof, and particularly as amended by an Act approved December 22, 1898 (Ga. L., 1898, pp. 133-135) and an Act approved February 25, 1953 (Ga. L., Jan.-Feb. Sess. 1953, pp. 2585-2588) is hereby further amended by adding to section III thereof the following: In the event it shall be necessary to construct and lay down any drain or sewer through private property in Richmond County outside and beyond its corporate city limits, said city council shall have the right to condemn said private property for such use in the manner

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provided herein; provided, that the said city council shall not be authorized or empowered to make assessments for the construction or laying down of drains or sewers outside and beyond its corporate city limits. Eminent domain. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. That there is attached hereto and by reference made a part of the Act, evidence that notice of intention to apply for this local legislation has been given as required by law. /s/ Williams M. Fleming, Jr. James M. Hull, Jr. J. B. Fuqua Members of House of Representatives, Richmond County, Georgia. Affidavit of Publication. State of Georgia, Richmond County. Personally appeared Marie Le Roy, who being duly sworn says that he is an officer of Southeastern Newspapers, Inc., publishers of The Augusta Herald a daily newspaper in Augusta, in said State and County, and that the advertisement Notice of Local LegislationAugusta Charter AmendmentPower of Eminent Domain Outside Corporate Limits duly appeared in said newspaper on the following dates to wit: December 16-23-30-1960. /s/ Marie LeRoy, Secty. Notice of Local Legislation. Notice is hereby given that the following local legislation will be introduced at the 1961 session of the General Assembly of Georgia: Augusta Charter AmendmentPower of Eminent Domain Outside Corporate Limits.

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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 particularly as amended by an Act entitled An Act to Amend an Act Entitled an Act to incorporate Augusta and to improve the Public Roads in the Neighborhood thereof, Approved January 31st, 1798, and the Several Acts Amendatory thereof, so as to authorize the City Council of Augusta to Construct Drains and Sewers, to provide a better system of Drain and Sewer Assessments, and for other purposes, approved December 22, 1898 (Ga. L. 1898, p. 133-135), so as to grant the City Council of Augusta the right to condemn private property in Richmond County outside and beyond the Corporate city limits for the construction and laying down of drains and sewers; and for other purposes. /s/ E. D. Fulcher City Attorney. Dec. 16, 23, 30. Sworn to and subscribed before me, this 5 day of January, 1961. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. My Commission expires Jan. 13, 1964. (Seal). Approved March 7, 1961. CITY OF AUGUSTACIVIL SERVICE COMMISSION. No. 120 (House Bill No. 50). 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

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Assembly approved February 15, 1952 (Ga. L. 1952, pp. 2771-2786) entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, by an Act approved January 31, 1798 (Ga. L. 1798), as amended by various amendatory Acts thereof, so as to create a Board of Civil Service Commission for the City Council of Augusta, and to prescribe the qualifications, powers, duties, and authority of said board and its members, to fix the compensation of said board, to fix the method of appointment and/or election of the members; to prescribe the method of procedure for removal of said Civil Service Commissioners from office; to prescribe the rules and regulations governing said board; to fix the age limit of all firemen and policemen, including the chiefs and other officers of the police and fire departments and provisions in reference to their retirement; to provide for the election of all officers and employees of the fire and police departments of the City of Augusta; and for other purposes., so as to require the rules of the commission to provide that the minimum age requirement for positions in the fire department shall be eighteen (18) rather than twentyone (21) years; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. The charter of the City of Augusta, incorporated as The City Council of Augusta (Georgia L. 1798), as amended by the various amendatory Acts thereof, and especially as amended by Act of the General Assembly approved February 15, 1952 (Ga. L. 1952, pp. 2771-2786) is further amended as follows: By striking the first sentence of paragraph (a) of section 7 of said Act of 1952 aforesaid and substituting in lieu thereof the following: (a) For the qualification of each applicant for any of the positions in each department, provided, however,

Page 2362

that no person will be qualified to make application for the position of an officer or private in the police department who has not arrived at the age of twenty-one (21) or is over the age of thirty-five (35), and no person will be qualified to make application for the position of an officer or private in the fire department who has not arrived at the age of eighteen (18) or is over the age of thirty-five (35). so that paragraph (a) of section 7 of said Act of 1952 aforesaid shall read as follows: (a) For the qualification of each applicant for any of the positions in each department, provided, however, that no person will be qualified to make application for the position of an officer or private in the police department who has not arrived at the age of twenty-one (21) or is over the age of thirty-five (35), and no person will be qualified to make application for the position of an officer or private in the fire department who has not arrived at the age of eighteen (18) or is over the age of thirty-five (35). Provided further that the minimum height for the police department shall be five feet, eight and one-half inches (5 ft. 8 in.), and the minimum weight one hundred and fifty-five (155) pounds, and the minimum height for the fire department shall be five feet seven inches (5 ft. 7 in.), and the minimum weight one hundred and forty (140) pounds. Age requirements for firemen. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. That there is attached hereto and by reference made a part of the Act, evidence that notice of intention to apply for this local legislation has been given as required by law. /s/ William M. Fleming, Jr. James M. Hull, Jr. Members of House of Representatives, Richmond County, Georgia.

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Affidavit of Publication. State of Georgia, Richmond County. Personally appeared, Marie Le Roy, who being duly sworn says that she is an officer of Southeastern Newspapers, Inc., publishers of The Augusta Herald a daily newspaper in Augusta, in said State and County, and that the advertisement Notice of Local LegislationAugusta Charter AmendmentCivil Service Commission duly appeared in said newspaper on the following dates to wit: December 16-23-30-1960. /s/ Marie LeRoy, Secty. Notice of Local Legislation. Notice is hereby given that the following local legislation will be introduced at the 1961 session of the General Assembly of Georgia: Augusta Charter AmendmentCivil Service Commission. An Act to amend the Charter of the City of Augusta, incorporated as the City Council of Augusta (Ga. Laws 1798) as amended by the various amendatory Acts thereof, and especially as amended by Act of the General Assembly approved February 15, 1952 (Ga. L., 1952, pp. 2771-2766) entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, by an Act approved January 21, 1798 (Ga. L. 1798), as amended by various amendatory Acts thereof, so as to create a Board of Civil Service Commission for the City Council of Augusta, and to prescribe the qualifications, powers, duties, and authority of said Board and its members, to fix the compensation of said Board, to fix the method of appointment and/or election of the members; to prescribe the method of procedure for removal of said Civil Service Commissioner from office; to prescribe the rules and regulations governing said board; to fix the age limit of all firemen and policemen, including

Page 2364

the chiefs and other officers of the police and fire departments and provisions in reference to their retirement; to provide for the election of all officers and employees of the fire and police departments of the City of Augusta; and for other purposes. so as to require the rules of the Commission to provide that the minimum age requirement for positions in the Fire Department shall be eighteen (18) rather than twenty-one (21) years; and for other purposes /s/ E. D. Fulcher, City Attorney. Dec. 16, 23, 30. Sworn to and subscribed before me, this 5 day of January, 1961. /s/ Katie Broadwater Notary Public, Richmond County, Ga. My Commission expires Jan. 13, 1964. (Seal). Approved March 7, 1961. ACT AUTHORIZING BUILDING, ETC. CODES FOR CERTAIN COUNTIES AMENDED. No. 122 (House Bill No. 12). An Act to amend an Act authorizing the governing authority of counties having a certain population to provide for building codes and other codes, approved March 8, 1957 (Ga. L. 1957, p. 2816), so as to change the population and census figures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the governing authority of counties having a certain population to provide for

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Building Codes and other Codes, approved March 8, 1957 (Ga. L. 1957, p. 2816), is hereby amended by striking from the title of said Act the words, counties having a population of not less than 29,000 and not more than 29,100, according to the United States Census of 1950, or according to any future census of the United States, and inserting in lieu thereof the words, counties having a certain population, so that when so amended said title shall read as follows: An Act to protect the health and safety of the inhabitants of all counties having a certain population; to authorize the ordinary, commissioners of roads and revenue or other governing authorities of said counties to make, adopt, amend, repeal, and prescribe building codes, rules and regulations as to the erection, construction, repair, equipment, rebuilding, alteration, renovation, remodeling, changing and removal of buildings, dwellings, houses and any other structures whatsoever erected or repaired outside the corporate limits of any municipality, including codes, rules and regulations to the installation and connection of plumbing, septic tanks, sewer lines, man holes, drains and electric wiring and connections; to establish certain rules and regulations relating thereto, and to further establish standards and guides controlling such codes, rules and regulations and the promulgation thereof; to provide that such codes, rules and regulations shall have the force and effect of laws; to provide for the appointment of building, plumbing and electrical inspectors for said counties; to empower said ordinary, commissioners of roads and revenue or other governing authorities to prescribe the qualifications, terms, duties and compensation of said inspectors; to fix charges and prescribe inspection fees to be paid; to authorize and empower said ordinary, commissioners of roads and revenue or other governing authorities to require building permits under said building codes, rules and regulations, and to make a charge therefor; to provide for the enforcement of said codes, rules and regulations, and to provide penalties and punishments for the violation of said building codes, rules and regulations; and for other purposes. 1957 Act amended.

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Section 2. Said Act is further amended by striking from Section 1 of said Act the words, counties in the State of Georgia having a population of not less than 29,000 and not more than 29,100, according to the United States Census of 1950, or according to any future census of the United States, and inserting in lieu thereof the words, counties having a population of not less than 39,500 and not mor ethan 42,000, according to the United State Census of 1960, or any future census, so that when so amended Section 1 shall read as follows: Section 1. From and after the passage of this Act, the ordinary, commissioners of roads and revenue or other governing authorities of all counties having a population of not less than 39,500 and not more than 42,000, according to the United States Census of 1960, or any future census, are hereby authorized and empowered to make, adopt, alter, amend, change, repeal, and prescribe building codes, rules and regulations concerning, affecting or relating to the construction, erection, equipment, alteration, repair, changing or removal of buildings, dwellings, houses and any structure whatsoever located outside the corporate limits of any municipality in said counties, including codes, rules and regulations relating to plumbing, electrical work and all matters included or embraced in the erection, construction, equipment, alteration, repair, changing or removal of buildings, houses or any structure of any kind. Counties where applicable. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1961.

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LAURENS COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 123 (House Bill No. 132). An Act to amend an Act entitled An Act to place the clerk of the Superior Court of Laurens County and his deputies on a salary basis; to fix the salary of said clerk and to provide that said salary shall be paid from county funds; to provide that the fees now paid such clerk shall be collected and paid into the county treasury; to make provisions regulating and carrying out this Act; to provide that said clerk shall receive no other costs, fees or remuneration except the salary herein provided; to provide that the county fiscal authorities of Laurens County shall fix the salaries to be paid to deputy clerks and shall fix the number of such deputies; to provide for a referendum; to repeal conflicting laws; and for other purposes., approved February 13, 1952 (Ga. L. 1952, p. 122), as amended, by an Act approved February 18, 1960 (Ga. L. 1960, p. 2164), so as to fix the salary of the clerk of the Superior Court of Laurens County at eight thousand ($8,000.00) dollars per annum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to place the clerk of the Superior Court of Laurens County and his deputies on a salary basis; to fix the salary of said clerk and to provide that said salary shall be paid from county funds; to provide that the fees now paid such clerk shall be collected and paid into the county treasury; to make provisions regulating and carrying out this Act; to provide that said clerk shall receive no other costs, fees or remuneration except the salary herein provided; to provide that the county fiscal authorities of Laurens County shall fix the salaries to be paid to deputy clerks and shall fix the number of such deputies; to provide for a referendum; to repeal conflicting laws; and for other purposes., approved February 13, 1952 (Ga. L. 1952, p. 122), as

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amended, by an Act approved February 18, 1960 (Ga. L. 1960, p. 2164), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof the following: Section 2. The clerk of the Superior Court of Laurens County, Georgia, and as ex-officio clerk of the City Court of Dublin, shall be paid an annual salary of eight thousand ($8,000.00) dollars. Said salary shall be paid in equal monthly installments out of the funds of Laurens County. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. County of Laurens, State of Georgia. I, W. H. Champion, editor and publisher of the Dublin, Georgia, Courier-Herald, the official organ of Laurens County in which the advertisements of the Sheriff's sales are published, do certify that the attached is a true and accurate copy of notice of intention to introduce local legislation, said notice having been published on December 24, 1960, December 31, 1960, and January 7, 1961. This the 7th day of January, 1961. /s/ W. H. Champion, Editor Publisher, Dublin, Georgia, Courier-Herald. Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which convenes in January, 1961 for the passage of a Bill setting the salary for the clerk of the Laurens Superior Court and ex-officio clerk of the City Court of Dublin of $8,000 per annum; to repeal conflicting laws and for other purposes.

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This 22 day of December, 1960. /s/ W. H. Lovett, Representative, Laurens County. Dec. 24-31-Jan. 7. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. H. Lovett, who, on oath, deposes and says that he is representative from Laurens County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dublin, Georgia, Courier-Herald, which is the official organ of said county, on the following dates: December 24, 1960, December 31, 1960, and January 7, 1961. /s/ W. H. Lovett, Representative, Laurens County. Sworn to and subscribed before me, this 18 day of January, 1961. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved March 7, 1961. CITY OF CALHOUNCORPORATE LIMITS. No. 124 (House Bill No. 127). An Act to amend an Act creating a new charter for the City of Calhoun, Georgia, approved August 20, 1918 (Ga. L. 1918, p. 563), as amended, particularly by Acts approved July 24, 1929 (Ga. L. 1929, p. 904);

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approved February 8, 1945 (Ga. L. 1945, p. 561); approved August 18, 1919, (Ga. L. 1919, p. 863); by Acts approved March 17, 1960, (Ga. L. 1960, p. 2681), so as to extend the present corporate limits of said city to include therein certain territory in the County of Gordon contiguous and adjacent thereof; defining the boundaries of said territory; providing for the date that said proposed territory shall be included in the corporate limits of the City of Calhoun; providing the proper city authorities may make assessments of property located in said territory for the purpose of taxation so that taxation may become effective upon said property actually becoming a part of said city; enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient to govern properly said territory immediately upon its actual inclusion within the corporate limits of said city; providing that such residents shall be eligible for nomination and election to the council of the City of Calhoun for any term beginning in January, 1962, and thereafter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the City of Calhoun, approved August 20, 1918 (Ga. L. 1918, p. 563), as amended, particularly by Acts approved July 24, 1929 (Ga. L. 1929, p. 904); approved February 8, 1945 (Ga. L. 1945, p. 561); approved August 18, 1919 (Ga. L. 1919, p. 863); by Acts approved March 17, 1960 (Ga. L. 1960, p. 2681), is hereby amended by adding a new section to be numbered section 2-B to read as follows: Section 2-B. The present corporate limits of the City of Calhoun, hereinafter designated as city, be, and they are, hereby extended so as to include within said corporate limits that certain territory in the County of Gordon contiguous and adjacent to such present corporate

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limits as is comprised within the following boundary lines, to wit: All that tract or parcel of land situate, lying and being in Gordon County, Georgia, and being more particularly described as follows: Corporate limits. All that tract or parcel of land now known as Woodland Hills subdivision, lying and being in the 14th district and 3rd section of Gordon County, Georgia, and being part of land lot no. 229 and 228 in said district and section, and more fully described as follows: Starting at the southwest corner of land lot no. 229; thence north 0 degrees 30 minutes west along the original lot line 180 feet; thence north 38 degrees 30 minutes east 50 feet; thence north 48 degrees 20 minutes east 275 feet; thence north 55 degrees 30 minutes east 231 feet to Beason's line; thence north 13 degrees 30 minutes east along Beason's line 2190 feet to the north line of said lot 229 to a hickory tree; thence south 88 degrees west 486 feet to an iron stake; thence north 90 degrees west 599 feet to the northwest corner of lot no. 229; thence south 0 degrees 30 minutes east 1344 feet along the west line of lot 229; thence north 90 degrees west 353 feet; thence south 3 degrees 15 minutes east 1370 feet; thence north 90 degrees east 339 feet to the southwest corner of lot no. 229, the starting point. The same containing in the aggregate 53.53 acres, less 2 acres formerly deeded by Mrs. Nellie Peters Black for cemetery lot, and 0.53 acres, more or less, for right of way road to said cemetery leaving a net acreage of 50 acres, more or less. Section 2. Effective Date . The inclusion within the corporate limits of the City of Calhoun of the above described territory shall become effective upon the approval of this Act. Section 3. Tax Assessments . Upon the inclusion of the above described territory into the city limits, the governing authority of the City of Calhoun may make assessments of property located in said territory for the purpose of taxation so that taxation may become effective upon said property actually becoming a part of said city; said governing authority shall also have the right

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to enact such tax ordinance and other ordinances, make such appropriations, and perform such other functions regarding said territory and its inhabitants as may be necessary or expedient to govern properly said territory immediately upon its actual inclusion within the corporate limits of said city. Section 4. Nomination and Election to City Council . Upon the approval of this Act, the residents of the territory above described shall be eligible for nomination and election to the council of the City of Calhoun for any term beginning in January 1962 and thereafter. Section 5. Repeal of Conflicting Laws . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will during the 1961 session of the General Assembly of Georgia, introduce a bill to amend the charter of the City of Calhoun, by redefining, altering and extending the city limits of said city and for other purposes. /s/ C. L. Moss, 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 the following dates: December 12; 22; and 29, 1960; January 5, 1961. /s/ James H. Hobgood, Publisher, Calhoun Times

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Sworn to and subscribed before me, this 14 day of January, 1961. /s/ Calvin Caldwell Notary Public, Gordon County, Georgia. My Commission expires August 5, 1963. (Seal). Approved March 4, 1961. CLARKE COUNTYBUSINESS LICENSES, ETC. No. 125 (House Bill No. 120). An Act authorizing Clarke County, Georgia, and the governing authorities of said county, for regulatory and revenue purposes, to assess and collect license fees and occupational taxes against any person, firm or corporation who may engage in any type of business, including the operation of taxicabs, in Clarke County outside of municipalities, with the right and power to classify business and assess different license fees and occupational taxes against different classes of business, and with the further power to the Board of Commissioners to exercise police powers within unincorporated areas over any businesses in the interest of the public welfare, health and security of the people of Clarke County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor; to carry into effect an amendment to the Constitution of the State of Georgia relating to the authority of Clarke County to fix, levy and assess licenses fees and occupational taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Commissioners of Roads and

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Revenues of Clarke County, Georgia, shall have the right and power, for regulatory and revenue purposes to levy, assess and collect license fees and occupational taxes from any persons, firms or corporations (except those subject to the regulation by the State Public Service Commission) who may maintain a place of business or who may in any manner engage in any type of business, including the operation of taxicabs, in any area or Clarke County outside the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes the board of commissioners shall have the right and power to classify business and to assess different license fees and taxes against different classes of business. Business licenses. Section 2. To provide for the public welfare, health and security of the people of Clarke County, the board of commissioners of roads and revenues shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the board of commissioners of roads and revenues shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia and the Magistrate's Court of Clarke County, Georgia, and other duly constituted courts may punish for violations thereof. Police powers, crimes. Section 3. The board of commissioners of roads and revenues of Clarke 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 4. Should any sentence, clause, phrase or part of this Act be declared for any reason to be unconstitutional

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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. Severability. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Section 6. Notice of intention to apply for the passage of this local Bill has been published in the newspaper in which sheriff's advertisements for Clarke County are published, namely the Athens Banner-Herald, 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 publisher to the effect that said notice has been published as provided by law. Affidavit of Publisher. Georgia, Clarke County. Personally appeared before the undersigned officer, E. B. Braswell, publisher of the Athens Banner-Herald, the official organ and gazette of Clarke County, Georgia, and the newspaper published in Clarke County, Georgia, wherein sheriff's sales are advertised 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 December 23 and 30, 1960, and January 6, 1961. /s/ E. B. Braswell Sworn to and subscribed before me, this 12th day of January, 1961. /s/ Melba R. Weldon Notary Public, Clarke County, Georgia. My Commission expires March 20, 1964. (Seal).

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia the bill or bills to be entitled substantially as follows: An Act authorizing Clarke County, Georgia, and the governing authorities of said County to empower the Board of Commissioners of Roads and Revenues of Clarke County, for regulatory and revenue purposes, to assess and collect license fees and occupational taxes against any person, firm or corporation who may engage in any type of business, including the operation of taxicabs, in Clarke County outside of municipalities, with the right and power to classify businesses and assess different license fees and occupational taxes against different classes of business, and with the further power to the board of commissioners to exercise police powers within unincorporated areas over any businesses in the interest of the public welfare, health and security of the people of Clarke County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor; and to repeal all laws in conflict herewith, and for other purposes. This 21st day of December, 1960. /s/ Chappelle Matthews /s/ Julian Cox Representatives, Clarke County, Georgia. Approved March 7, 1961.

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CLARKE COUNTYORDINANCES. No. 127 (House Bill No. 123). An Act authorizing Clarke County, Georgia, and the governing authorities of said county to empower said authorities 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 Clarke County, Georgia within the classes of subjects and areas of regulations set forth in this Act; to empower said board of commissioners of roads and revenues 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 Clarke County Board of Health; to empower said board of commissioners to prevent and regulate the keeping of animals and the

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running at large of animals in the unincorporated area of said county, including 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 Magistrate's Court of Clarke 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 carry into effect an amendment to the Constitution of the State of Georgia relating to the authority of Clarke County to enact ordinances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Commissioners of Roads and

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Revenues of Clarke 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 Clarke 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: Ordinances. 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 limits 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 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,

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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, as to said board may seem appropriate and the Magistrate's Court of Clarke 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 Clarke County Board of Health,

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and to prescribe penalties and punishment for violations thereof, within the limits prescribed by this Act. 3. To prevent dogs, horses, mules, cattle, hogs, sheep, goats, chickens and all other animals, or any one or more kinds of such animals, from running at large in the unincorporated 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

Page 2382

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 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 Clarke 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 Clarke County and to the welfare and morals of the citizens thereof. Section 2. The Board of Commissioners of Roads and Revenues of Clarke 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 1 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. Violations. Section 3. The Board of Commissioners of Roads and Revenues of Clarke County are hereby vested with all powers necessary and incident to accomplishment and enforcement of any of the foregoing powers and duties. Powers. Section 4. 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. Severability.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Section 6. Notice of intention to apply for the passage of this local Bill has been published in the newspaper in which sheriff's advertisements for Clarke County are published, namely the Athens Banner-Herald, 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 publisher to the effect that said notice has been published as provided by law. Affidavit of Publisher. Georgia, Clarke County. Personally appeared before the undersigned officer, E. B. Braswell, publisher of the Athens Banner-Herald, the official organ and gazette of Clarke County, Georgia, and the newspaper published in Clarke County, Georgia, wherein sheriff's sales are advertised 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 December 23 and 30, 1960, and January 6, 1961. /s/ E. B. Braswell. Sworn to and subscribed before me, this 12th day of January, 1961. /s/ Melba R. Weldon, Notary Public, Clarke County, Georgia. My commission expires March 20, 1964. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia the bill or bills to be entitled substantially as follows:

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An Act authorizing Clarke County, Georgia, and the governing authorities of said County to adopt ordinances or regulations 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, of regulating the traffic on the streets, roads and highways thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of Clarke County, Georgia, and to provide penalties for violations of such ordinances; and to repeal all laws in conflict herewith, and for other purposes. This 21st day of December, 1960. /s/ Chappelle Matthews, /s/ Julian Cox, Representatives, Clarke County, Georgia. Approved March 7, 1961. GORDON COUNTYTAX COMMISSIONER. No. 128 (House Bill No. 128). An Act to amend an Act abolishing the office of tax collector and the office of tax receiver and creating the office of tax commissioner of Gordon County, Georgia, as amended by the acts of the General Assembly of Georgia in the Acts of 1945, p. 944, so as to provide for the payment of one thousand dollars ($1000.00) per annum to be paid in monthly installments for clerical help necessary for the performance of duties of said office and also to provide that the tax commissioner of Gordon County, Georgia shall also be entitled to the commissions now allowed tax collectors and tax receivers on State taxes collected by him.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That section 7 of an Act approved August 7, 1925, creating the office of tax commissioner of Gordon County, Georgia, fixing the salary of said officer, as amended by an Act approved August 7, 1925, and as amended by the Acts of 1945, p. 944, be amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 so that said section 7, as amended, shall read as follows: Section 7. Be it further enacted by the authority aforesaid that the salary of county tax commissioner of and for Gordon County, Georgia, be, and the same is, fixed at twenty-seven hundred and fifty dollars per annum, payable monthly out of the general funds of said county. Salary. The said tax commissioner shall receive in addition to the above salary the sum of one thousand dollars ($1000.00) per annum to be paid in monthly installments, for clerical help necessary for the performance of duties of said office, and he shall also be entitled to the commissions now allowed tax collectors and tax receivers on State taxes collected by him. Clerical help, commissions. Section 2. The provisions of this Act shall be effective on and after April 1, 1961. Effective date. Section 3. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will during the 1961 session of the General Assembly of Georgia, introduce a local bill to provide for the payment of clerical help for the tax commissioner of Gordon County, Georgia, and the payment of commissions on state taxes now allowed

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tax collectors and tax receivers and for other purposes. /s/ C. L. Moss, 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 the following dates: December 12, 29th, 1960; January 5, 12, 1961. /s/ James H. Hobgood, Publisher, Calhoun Times. Sworn to and subscribed before me this 14 day of January, 1961. /s/ Calvin Caldwell, Notary Public, Gordon County, Ga. My commission expires Aug. 5, 1963. (Seal). Approved March 4, 1961. HOUSTON COUNTYCOMPENSATION OF TAX RECEIVER. No. 129 (House Bill No. 180). An Act to repeal an Act of the General Assembly of 1953 entitled: Houston Tax Receiver (Ga. L. 1953, p. 2581-2582); and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly of Georgia entitled Houston Tax Receiver (Ga. L. 1953, p.

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2581-2582) which reads as follows: Section I. The Tax Receiver of Houston County shall be paid from the ad valorem school tax collected for the county board of education a commission of one per cent (1%) of the net amount collected., is hereby repealed in its entirety. 1953 Act repealed. Section 2. All the laws and parts of laws in conflict with this act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Houston County: Notice is hereby given that application will be made to the 1961 session of the General Assembly of Georgia, for the passage of the following bill, to-wit: A Bill to be entitled An Act repealing the provisions of an Act entitled Houston Tax Receiver Ga. Laws 1953, pp. 2581-2582, wherein the Tax Receiver of Houston County was awarded a commission of one percent (1%) of the net amount of ad valorem school tax collected for the board of education by the county tax collector, the purpose of this legislation being to abolish said emolument. Notice is further given that said General Assembly may consider or adopt any germane amendment to the foregoing bill, or the title thereof. This notice is given pursuant to Article III, Section VII, Paragraph IV, of the Constitution of the State of Georgia (Code Section 2-1915). This 23rd day of December, 1960. /s/ R. Herman Watson, Representative, Houston County, Georgia. Georgia, Houston County. Personally appeared before the undersigned officer authorized by law to administer oaths, C. C. Etheridge, who

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upon being duly sworn does aver that he is the publisher and editor of The Houston Home Journal, the official organ of Houston County, Georgia, and that the foregoing Notice of Intention to Apply for Local Legislation was published in The Houston Home Journal in the issues of January 29, 1960, January 5, 1961, and on January 12, 1961. /s/ C. C. Etheridge. Sworn to and subscribed before me this 12th day of January, 1961. /s/ D. P. Hulber, Notary Public, Houston County, Georgia. My commission expires Oct. 3, 1964. (Seal). Approved March 7, 1961. CITY OF DUBLINTAXATION FOR SCHOOLS. No. 130 (House Bill No. 131). An Act to amend an Act creating a new city charter for the City of Dublin, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 1358), and an Act approved February 28, 1956 (Ga. L. 1956, p. 2771), so as to increase the ad valorem tax levy for the City of Dublin one (1) mill for a period of four years; to provide for the distribution of this increased revenue; to authorize the contracting of a debt to be used in constructing and improving public school buildings in the City of Dublin; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new city charter for the City of Dublin, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, particularly by an Act approved

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March 27, 1941 (Ga. L. 1941, p. 1358), and an Act approved February 28, 1956 (Ga. L. 1956, p. 2771), is hereby amended by adding to section 17 of Article III the following: Notwithstanding any other provisions of this charter to the contrary, beginning with the tax year 1961, an additional ad valorem tax levy of one (1) mill shall be authorized for the years 1961, 1962, 1963 and 1964. The additional revenue raised by said taxation shall go toward retiring the principal and interest of a debt which is hereby authorized to be contracted by the City of Dublin in an amount not to exceed sixty thousand ($60,000.00) dollars. The purposes for which said debt shall be incurred, and for which the proceeds therefrom shall be used, shall be expressly and exclusively limited to expenditures for capital outlays on construction of new public school buildings, or in improving such existing facilities as are now located within the corporate limits of the City of Dublin. The debt herein authorized shall be retired by the City of Dublin in four annual payments, the first of which shall be made in 1961, the second in 1962, the third in 1963, and the final and entire indebtedness shall be discharged prior to September 15th of 1964. In the event the additional tax levy herein authorized shall be more than sufficient to retire the debt authorized by this section, any surplus funds raised from said taxation shall be deposited in the school fund of the City of Dublin. so that when so amended, section 17 of Article III shall read as follows: Section 17. The ad valorem tax of fifteen mills authorized by this Act shall be appropriated as follows: to-wit, seven and one-half (7) mills for the support of the City of Dublin; seven and one-half (7) mills to be used for the support and maintenance of the public schools of the City of Dublin. The entire amount of the annual ad valorem tax levy for the City of Dublin shall at no time exceed fifteen (15) mills for the aforesaid purpose. Notwithstanding

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any other provisions of this charter to the contrary, beginning with the tax year 1961, an additional ad valorem tax levy of one (1) mill shall be authorized for the years 1961, 1962, 1963 and 1964. The additional revenue raised by said taxation shall go toward retiring the principal and interest of a debt which is hereby authorized to be contracted by the City of Dublin in an amount not to exceed sixty thousand ($60,000.00) dollars. The purposes for which said debt shall be incurred, and for which the proceeds therefrom shall be used, shall be expressly and exclusively limited to expenditures for capital outlays on construction of new public school buildings, or in improving such existing facilities as are now located within the corporate limits of the City of Dublin. The debt herein authorized shall be retired by the City of Dublin in four annual payments, the first of which shall be made in 1961, the second in 1962, the third in 1963, and the final and entire indebtedness shall be discharged prior to September 15 of 1964. In the event the additional tax levy herein authorized shall be more than sufficient to retire the debt authorized by this Section, any surplus funds raised from said taxation shall be deposited in the school fund of the City of Dublin. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. County of Laurens, State of Georgia. I, W. H. Champion, editor and publisher of the Dublin, Georgia, Courier-Herald, the official organ of Laurens County in which the advertisements of the Sheriff's sales are published, do certify that the attached is a true and accurate copy of notice of intention to introduce local legislation, said notice having been published on December 24, 1960, December 31, 1960, and January 7, 1961. This the 7th day of January, 1961. /s/ W. H. Champion, Editor Publisher, Courier-Herald, Dublin, Georgia.

Page 2391

Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia convening in January, 1961 for the passage of a Bill amending the city charter of the City of Dublin to provide for levying of an additional one (1) mill ad valorem tax to be used for school purposes; to provide that said additional levy shall be collected on tax digest during the years 1961, 1962, 1963 and 1964; to provide for distribution of said increased revenue; to authorize contracting of debt to be used in construction of and improving public school buildings in the City of Dublin; to provide for distribution to schools of any surplus; to repeal conflicting laws, and for other purposes. This 22 day of December, 1960. /s/ W. H. Lovett, Representative, Laurens County. Dec. 24-31-Jan. 7. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. H. Lovett, who, on oath, deposes and says that he is Representative from Laurens County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dublin, Georgia, Courier-Herald, which is the official organ of said County, on the following dates: December 24, 1960, December 31, 1960, and January 7, 1961. /s/ W. H. Lovett, Representative, Laurens County.

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Sworn to and subscribed before me this 18 day of January, 1961. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My commission expires Oct. 6, 1964. (Seal). Approved March 7, 1961. FORSYTH COUNTYCOMPENSATION OF ORDINARY. No. 131 (House Bill No. 176). An Act to provide that the Ordinary of Forsyth County shall receive $100.00 per month in addition to 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. In order to adequately compensate the Ordinary of Forsyth County for the services he renders, said Ordinary shall receive the sum of one hundred ($100.00) dollars per month in addition to any fees or compensation said Ordinary now receives. The aforesaid sum of one hundred ($100.00) dollars per month shall be paid out of the general funds of Forsyth County. Salary. Section 2. The provisions of this Act shall become effective on the first day of the month immediately following its passage and approval by the Governor. 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 1961 session of the General Assembly of the

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State of Georgia, a bill to provide for a supplemental salary for the Ordinary of Forsyth County; and for other purposes. This 16th day of December, 1960. /s/ Roy P. Otwell, Sr., Representative, Forsyth County. Dec. 22-29. Jan. 5. chg. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy P. Otwell, Sr., who, on oath, deposes and says that he is representative from Forsyth County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News, which is the official organ of said county, on the following dates: December 22, 29, 1960 and January 5, 1961. /s/ Roy P. Otwell, Sr., Representative, Forsyth County. Sworn to and subscribed before me this 14th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved March 4, 1961.

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MUSCOGEE COUNTYBOARD OF EDUCATION. No. 132 (House Bill No. 18). An Act to amend the Act of February 25, 1949 (Ga. L. 1949, p. 1086 et seq.), creating the Muscogee County School District, as amended by the Act of December 12, 1953 (Ga. L. 1953Nov.-Dec. Sess., p. 2373 et seq.), to provide for a first and a second vice president of the Muscogee County Board of Education; and for other purposes. Whereas, section 6 of the Act of February 25, 1949 (Ga. L. 1949, p. 1086 et seq.), creating the Muscogee County School District, makes provision for a President and Vice President of the Muscogee County Board of Education; and Whereas, there have been times when both the president and the vice president were unavailable to preside or to perform other duties of said offices, and the Muscogee County Board of Education, at its regular meeting on September 12, 1960, passed a resolution requesting that said Act of February 25, 1949 be amended so as to provide for a second vice president. Therefore 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 first paragraph of section 6 of said Act of February 25, 1949 is hereby amended to provide for a first and a second vice president, so that said paragraph, as amended, shall read as follows: That the Board of Education shall select in January of each year, from its membership, a president, a first vice president, and a second vice president, the president to preside at all meetings, the first vice president to preside in the absence of the president, and the second vice president to preside in the absence of both the president and first vice president. The president, the first

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vice president and the second vice president, shall have such other duties as set forth hereinafter, as well as such duties as may be delegated to them by said board, and which are not in conflict with the provisions of this Act. Second vice president. Section 2. The third paragraph of section 11 of said Act of February 25, 1949, is hereby amended to read as follows: All contracts, bonds and other evidences of indebtedness shall be executed by the president (or first or second vice president) and the secretary of the board of education in the name of Muscogee County School District; except that contracts with teachers and other personnel shall, when authorized by said board, be executed by the superintendent of education alone. Contracts of the board with the superintendent of education shall be signed by the president (or first or second vice president) and the secretary of the board. Contracts. Section 3. That all laws and parts of laws in conflict herewith be, and they are hereby, repealed. Affidavit. Georgia, Muscogee County. Personally before me appeared M. R. Ashworth, publisher of the Columbus Ledger, who on oath deposes and says that the attached copy of Notice of Local Legislation has been published, as provided by law, in said Columbus Ledger, which is the newspaper in which Sheriff's advertisements for Muscogee County, Georgia, are published, once a week for three (3) weeks, to-wit: December 9, 1960, December 16, 1960 and December 23, 1960, during a sixty-day period immediately preceding the introduction of said Bill in the General Assembly of Georgia. /s/ M. R. Ashworth, Publisher

Page 2396

Notice of Local Legislation. Notice is hereby given of intention to apply at the Session of the General Assembly of Georgia convening January 9, 1961, for the passage of a local bill entitled An Act to amend the Act of February 25, 1949 (Ga. L. 1949, p. 1086 et seq.), creating the Muscogee County School District, as amended by the Act of December 12, 1953 (Ga. L. 1953Nov.-Dec. Sess., p. 2373 et seq.), to provide for a first and second vice president of the Muscogee County Board of Education; and for other purposes. This 1st day of December, 1960. /s/ Mac Pickard Harry Dicus William C. Wickham 12-9, 16, 23 Sworn to and subscribed before me, this 30 day of December, 1960. /s/ Bettye B. Sanders Notary Public, Muscogee County, Georgia. My Commission expires March 10, 1964. (Seal). Approved March 7, 1961. FLOYD COUNTYCOMPENSATION OF BOARD OF EDUCATION. No. 133 (House Bill No. 426). An Act to amend an Act providing for the compensation of the members of the County Board of Education of Floyd County, approved March 18, 1959 (Ga. L. 1959, p. 3203), so as to change the compensation of the

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members; to provide for extra compensation for one month; 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 members of the County Board of Education of Floyd County, approved March 18, 1959 (Ga. L. 1959, p. 3203), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. The chairman of the County Board of Education of Floyd County shall be compensated in the amount of seventy-five dollars ($75.00) per month. The vice-chairman of the board shall be compensated in the amount of sixty-two dollars and fifty cents ($62.50) per month. Each of the other three members of the board shall be compensated in the amount of fifty dollars ($50.00) per month. All five (5) members of the board shall be compensated for actual expenses incurred while traveling outside of Floyd County, if such travel is in the performance of duties as a member of the board. In addition to the amounts prescribed above as compensation for the chairman, vice-chairman, and the other three (3) members, each of the five (5) members of the board shall be compensated in the extra amount of five hundred sixty-three dollars ($563.00) for the month of April 1961. Section 2. The provisions of this Act shall become effective April 1, 1961. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. To the People of Floyd County: Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia at its Session

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in 1961, for the enactment of a local bill to amend an Act entitled Floyd CountyCompensation of Members of Board of Education. Georgia Laws 1959, pp. 3203-3204 so as to adjust the monthly salaries paid to the members of said Board of Education. This notice is given in compliance with Article 3, Section 14 of the Constitution of the State of Georgia, as amended in 1945. This 5th day of January, 1961. /s/ J. Battle Hall /s/ Sidney Lowrey /s/ Robert L. Scoggin Floyd County Representatives. Jan. 6, 13, 20. 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. 6, 13, and 20, 1961. /s/ J. Battle Hall Representative, Floyd County. Sworn to and subscribed before me, this 2nd day of February, 1961. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved March 4, 1961.

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CITY OF ROCKMARTCORPORATE LIMITS. No. 134 (House Bill No. 167). An Act to amend an Act, approved August 15, 1904, incorporating the City of Rockmart, Polk County, Georgia, as amended, so as to include within the corporate limits of the City of Rockmart certain additional territory; to provide the ward in which said annexed territory shall be placed; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that the charter of the City of Rockmart, in Polk County, Georgia, be amended to include within the corporate limits of the City of Rockmart additional lands annexed and described as follows: Begin at the southwest intersection of the S. Rome Street right of way with the Euharlee Street right of way adjacent to the present western corporate limits line of the City of Rockmart, Polk County, Georgia, and run thence S. 01 15[UNK] E a distance of 180.0 ft. to a concrete monument; thence run N 86 11[UNK] W a Distance of 100 ft. to a concrete monument; thence run S 01 15[UNK] E a distance of 180.0 ft. to a concrete monument; thence run N 86 11[UNK] W a distance of 200.0 ft. to a concrete monument; thence run N 01 15[UNK] W a distance of 180.0 ft. to center of a public alley; thence run N 86 11[UNK] W a distance of 50.0 ft. to a concrete monument; thence run N 01 15[UNK] W a distance of 180.0 ft. to a concrete monument; thence run S 86 11[UNK] E a distance of 350.0 ft. to a concrete monument at the beginning point. Corporate limits. Section 2. Property described in paragraph one (1) above is made a part of ward one (1). Part of ward 1. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1961 session of the General Assembly of Georgia to amend the charter of the City of Rockmart, Georgia, and for other purposes. This 10th day of December, 1960. /s/ E. C. Sanders, Mayor 12December 20, 27-Jan. 3 Georgia, Polk County. Personally appeared before the undersigned attesting officer, Wallace White, who is the publisher of The Cedartown Standard, the official organ of Polk County, Ga., in which the sheriff's advertisements are published and which has a general circulation in Polk County, Ga., and that the attached and foregoing notice of proposed local legislation was duly published in said newspaper once a week for three weeks, in the issues of December 20, 1960, December 27, 1960, and January 3rd, 1961. /s/ Wallace L. White, Publisher, the Cedartown Standard. Sworn to and subscribed before me, this 9 day of January, 1961. /s/ Mrs. Herbert DeArman Notary Public, Polk County, Ga. My Commission expires Feb. 2, 1965. (Seal). Approved March 4, 1961.

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FLOYD COUNTYTREASURER'S SALARY. No. 135 (House Bill No. 422). An Act to amend an Act entitled Act to provide for the compensation of the treasurer of Floyd County; and for other purposes approved February 25, 1949, by striking from section one of said Act the figures and symbol $3,000.00 and inserting in lieu thereof the figures and symbol $3,300.00 to repeal conflicting laws and parts of 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that section one of an Act entitled An Act to provide for the compensation of the treasurer of Floyd County; and for other purposes approved February 25, 1949, is hereby amended by striking from said section one the figures and symbol $3,000.00 and inserting in lieu thereof the figures and symbol $3,300.00 so that section one, as amended, shall read as follows: Salary. Section One. That from and after the passage of this Act, the compensation of the treasurer of Floyd County shall be not less than $2400.00 and not greater than $3,300.00 per annum, the exact amount to be determined by the Board of Roads and Revenue of Floyd County, to be paid on a monthly basis from the general funds of the County of Floyd. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict of this Act be and the same are hereby repealed. Section 3. There is attached hereto and made a part hereof, a copy of the notice of the intention to apply for local legislation and the affidavit showing that such notice has been published as prescribed by law.

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Georgia, Floyd County: Personally appeared before the undersigned officer, J. Battle Hall, who, being duly sworn, says on oath that he is a duly elected, qualified and acting representative of Floyd County in the General Assembly of the State of Georgia; and that he is the author of the above and foregoing bill; and that a legal notice, a true copy of which is attached hereto, was duly published once a week for three weeks in the Rome News-Tribune on the following dates: January 13, January 19, January 26, 1961. /s/ J. Battle Hall Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its session beginning in January, 1961, for the enactment of a local bill to amend an Act of the General Assembly of Georgia, approved February 25, 1949, (Ga. L. 1949, pp. 1959, et seq.), concerning the mode and amount of compensation accruing to the treasurer of Floyd County, and other related matters, and the several Acts amendatory thereof, to repeal all laws and parts of laws in conflict therewith, and for other purposes. /s/ J. Battle Hall /s/ Sidney Lowrey /s/ Robert L. Scoggin As Representatives of Floyd County, Georgia. Jan. 12, 19, 26. Sworn to and subscribed before me, this 2nd day of February, 1961. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved March 4, 1961.

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CLARKE COUNTYSTORM SEWERS, STREET LIGHTS, ETC. No. 136 (House Bill No. 119). An Act authorizing Clarke County, Georgia, and the governing authorities of said county to establish districts for the purpose of building, erecting, establishing, maintaining and operating storm sewers and street lights and a system of garbage collection within said county; to levy taxes and/or assessments or service charges for construction, maintenance and operation of same without exemptions; to carry into effect an amendment to the Constitution of the State of Georgia relating to the authority of Clarke County to install and maintain storm sewers, street lights and a system of garbage collection; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Commissioners of Roads and Revenues of Clarke County, Georgia, as the governing authority of said county, is hereby authorized and empowered to establish districts for the purpose of building, erecting, establishing, maintaining and operating within Clarke County storm sewers for the removal and disposal of surface waters and streams; and a system of garbage collection, or either one of the foregoing, and to contract for street lighting service to illuminate the public streets, roads, sidewalks and ways situated in said county. Storm sewers, street lights, and garbage collection. Section 2. For the carrying out of the aforesaid powers and purposes, said Board of Commissioners shall be further authorized to levy a tax and/or special assessments of the full tax assessed value of all property in said districts without exemption for the aforesaid purposes or make service charges against all businesses and residents served by said facilities, or either of said facilities, as said Board of Commissioners shall deem necessary for the services rendered, which service charges need not be uniform for all businesses and residents

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served by said facilities, but shall be equitable and bear a reasonable relation to the relative benefit derived from said facilities by each such business and resident. The same shall be collected by the tax collectors of said county and may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions are issued for State and county taxes. Said board shall also have authority to compel compliance with reasonable rules and regulations necessary for said services. Assessments. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. Notice of intention to apply for the passage of this local Bill has been published in the newspaper in which sheriff's advertisements for Clarke County are published, namely the Athens Banner-Herald, 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 publisher to the effect that said notice has been published as provided by law. Affidavit of Publisher. Georgia, Clarke County. Personally appeared before the undersigned officer, E. B. Braswell, publisher of the Athens Banner-Herald, the official organ and gazette of Clarke County, Georgia, and the newspaper publisher in Clarke County, Georgia, wherein sheriff's sales are advertised 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 December 23 and 30, 1960, and January 6, 1961. /s/ E. B. Braswell

Page 2405

Sworn to and subscribed before me, this 12th day of January, 1961. /s/ Melba R. Weldon, Notary Public, Clarke County, Georgia. My Commission expires March 20, 1964. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia the bill or bills to be entitled substantially as follows: An Act authorizing Clarke County, Georgia, and the governing authorities of said county to establish districts for the purpose of building, erecting, establishing, maintaining and operating storm sewers and street lights and a system of garbage collection within said county; to levy taxes and/or assessments or service charges for construction, maintenance and operation of same without regard to uniformity; and to repeal all laws in conflict herewith, and for other purposes. This 21st day of December, 1960. /s/ Chappelle Matthews /s/ Julian Cox Representatives, Clarke County, Georgia. Approved March 7, 1961. CITY OF MONTEZUMACORPORATE LIMITS. No. 137 (Senate Bill No. 14). An Act to amend an Act providing a charter for the City of Montezuma, approved July 27, 1929, (Ga. L. 1929, pp. 1199-1210), as amended so as to change the corporate limits of the said city by extending and defining

Page 2406

the same; to strike section 2 of the said charter, as amended; 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 Montezuma in the County of Macon, approved July 27, 1929, (Ga. L., 1929, pp. 1199-1210) is hereby amended by striking section 2 of the said charter in its entirety, and inserting in lieu thereof a new section 2 to read as follows: Section 2. The City of Montezuma shall include all territory embraced within the following boundaries, which shall constitute the corporate limits of the said city, as follows: All that tract or parcel of land lying and being in the 15th district (originally Houston) and in the 1st district (originally Dooly) both now in the County of Macon, State of Georgia, described as being enclosed within the boundaries set forth as follows: Beginning at a point where the easterly bank of the Flint River intersects with the north boundary line of land lots Nos. 232 and running thence easterly along the northern boundary line of land lots nos. 232 and 226 to the eastern boundary line of State Highway No. 49 (Montezuma to Marshallville), run thence south along the eastern boundary of said State highway to a certain dirt road which constitutes the beginning of the lands of W. H. Barnwell, Jr., run thence north 80 degrees 02 minutes east along said dirt road for a distance of 1039.8 feet, run thence north 73 degrees 57 minutes east for a distance of 301.7 feet, run thence south 0 degrees 50 minutes west for 827.9 feet, run thence north 89 degrees 10 minutes west approximately 740 feet to a certain stream which runs southeasterly from the lake on the Barnwell property, run thence along said stream in a southeasterly direction to the confluence of said stream with Beaver Creek, run thence in a northeasterly direction

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up Beaver Creek to the confluence of that creek with Spring Branch, run thence in an easterly direction up said Spring Branch to the point where said branch intersects with the lot line between land lots no. 192 and 187, run thence south along said lot line (which is the west lot line of land lots no. 187 and 188, and is the east lot line of land lots no. 192 and 191) to the south boundary line of said lots, run thence west along the line between land lots 190 and 191 for a distance of 779.4 feet to the western right of way line of the Atlantic Coast Line Railroad Company track, run thence along the said western boundary of said railroad in a southerly direction to Spring Pond Creek, run thence in a southerly direction down Spring Pond Creek to the westerly right of way line of State Highway No. 90 (Montezuma to Byromville), run thence northerly along said westerly right of way line to the north property line of Lewis Hicks, run thence south 60 degrees west to the run of Spring Pond Creek, run thence in a westerly direction down said Spring Pond Creek to the east bank of the Flint River, run thence in a northerly direction along said eastern bank of the said Flint River to the point of beginning. Except however , a certain tract or parcel of land owned by Spalding Realty Corporation comprising 99.1 acres, more or less, lying and being in land lots nos. 191 and 192, and in the 15th district of originally Houston, now Macon County, Georgia, said lands being shown in detail on a plat of survey prepared by J. R. Curtis, dated August 3, 1949, which said plat is recorded in plat book 4, page 3, Macon County deed records, and is specifically made a part of this description by this reference thereto. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and copy of advertisement. Approved March 7, 1961.

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CITY OF HAZELHURSTTAX RETURNS. No. 139 (Senate Bill No. 40). An Act to amend an Act amending, consolidating and superseding the charter of the City of Hazelhurst and creating a new charter therefor; approved December 22, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 2925), so as to change the dates for the tax books to be kept open for making tax returns; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending, consolidating and superseding the charter of the City of Hazlehurst and creating a new Charter thereof; approved December 22, 1953, (Ga. L., 1953, Nov.-Dec. Sess., p. 2925), is hereby amended by striking from section 14 wherever they shall appear the words June and March and substituting in lieu thereof the words April and January, respectively, so that when so amended section 14 shall read as follows: Section 14. Tax Returns . Be it further enacted that all persons, unincorporated partnerships and corporations, owning property, real or personal, within the corporate limits of the City of Hazlehurst, shall be required to make a return under oath, annually, on or before the first day of April of each year, to the board of tax assessors of said city, of all their property, chattels real or personal, as of January 1st of each year; and the books for recording the same shall be opened on the first day of January of each year and closed on the first day of April of each year. Such returns shall be made by the owner or an authorized agent upon forms furnished by the City of Hazlehurst, and such returns shall be at a fair value thereof, and all property, real or personal, within said City of Hazlehurst shall be subject to a tax not exceeding twelve mills. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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See Enrolled Act for affidavit and copy of advertisement. Approved March 7, 1961. CHATHAM COUNTYCITY OF SAVANNAHREVENUE ANTICIPATION CERTIFICATES. No. 140 (Senate Bill No. 2). An Act organizing, creating and establishing the County Commissioners and Ex-Officio Judges of Chatham County and the amendments thereto; and amending the charter of the Mayor and Aldermen of the City of Savannah and the subsequent Acts amendatory thereof and supplementary thereto; by authorizing the County of Chatham and the City of Savannah through their governing bodies, either jointly or separately, to issue revenue anticipation certificates for the purchase of land and the construction of facilities for the purpose of leasing the same to industries to relieve abnormal unemployment and to encourage the growth and expansion of industry and to aid the economy of Chatham County and Savannah, in accordance with the Revenue Anticipation Certificate Act of 1937, as subsequently amended and incorporated in the Code of Georgia, 1933, as amended, as sections 87-801 to 87-826, both inclusive, repealing all laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid: Section I. That from and after the passage of this Act, the County Commissioners and Ex-Officion Judges of Chatham County and the Mayor and Aldermen of the City of Savannah are authorized and empowered in accordance with the provisions of the Revenue Anticipation Certificate Act of 1937 as subsequently amended and

Page 2410

incorporated in the code of Georgia, 1933 as Code sections 87-801 to 87-826, both inclusive, to issue revenue anticipation certificates, either jointly or separately for the purpose of purchasing land and constructing facilities suitable for use and occupation by industries on said land to relieve abnormal unemployment, to increase employment and to obtain payrolls in Chatham County and in the City of Savannah to aid the growth, progress and economy of Chatham County and Savannah. Revenue Anticipation Certificates. Be it further enacted: Section II: That no such revenue anticipation certificates shall be issued and no such lands purchased or facilities constructed until such time as either the governing body of Chatham County or the governing body of the City of Savannah shall have first entered into a contract with some responsible person, firm or corporation for the leasing of such land and facilities for a period of time sufficient in length and at a rental sufficient to pay off the entire principal and interest of such revenue anticipation certificates. Controls. Be it further enacted: Section III: That the issuance of such revenue anticipation certificates shall not in any sense of the word, create a debt against the County of Chatham or the City of Savannah, within the mean and intent of the Constitution and Laws of Georgia. Intent. 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. See Enrolled Act for affidavit and copy of advertisement. Approved March 7, 1961.

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CITY COURT OF SAVANNAHJUDGE'S SALARY. No. 142 (Senate Bill No. 18). An Act to amend the Act creating, establishing and organizing the City Court of Savannah and the several Acts amendatory thereof and supplementary thereto by amending the Act approved March 17, 1959, and incorporated in Georgia Laws 1959, pages 3128-3129 inclusive, by striking the figures 12,500 and inserting in lieu thereof, the words and figures fifteen thousand dollars ($15,000.00); repealing all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same; Section 1. Be it enacted by the General Assembly that, that certain Act creating, establishing and organizing the City Court of Savannah and the several Acts amendatory thereof and supplementary thereto is hereby amended by striking the figures 12,500 in the fifth line of section one of the Act approved March 17, 1959 and incorporated in Georgia Laws 1959, pages 3128-3129 inclusive, and inserting in lieu thereof the words and figures fifteen thousand dollars ($15,000.00) so that said section one of the Act approved March 17, 1959 above described, as amended, shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, it is hereby enacted by the authority of the same, that from and after the passage of this Act the salary of the Judge of the City Court of Savannah shall be fifteen thousand dollars ($15,000.00) per year. Section 2. Be it further enacted that the County Commissioners and Ex-Officio Judges of Chatham County are authorized and directed to pay said salary and/or compensation to the said judge of the city court out of the treasury of Chatham County in the same manner and

Page 2412

at the same times as other elected officials of Chatham County are paid. Section 3. 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. See Enrolled Act for affidavit and copy of advertisement. Approved March 7, 1961. COMPENSATION TO MRS. MARY LEE. No. 5 (House Resolution No. 89-269). A Resolution. To provide compensation for Mrs. Mary Lee; and for other purposes. Whereas, over a period of several years the State Capitol cafeteria has been operated in the basement of the State Capitol Building so as to provide facilities for the convenience of those persons in the Capitol Building; and Whereas, such operation was accomplished by agreements between the State Parks Department and second parties, the most recent of such agreements being between the Department and Mrs. Mary Lee for a twelve-month lease beginning July 1, 1960 and ending June 30, 1961; and Whereas, it became necessary to close said cafeteria on September 1, 1960, and terminate said agreement in view of litigation pending in the Federal Courts in that certain public officials of the State of Georgia were made parties to such litigation by virtue of the operation of said cafeteria; and

Page 2413

Whereas, as a result of the action of the State in terminating said agreement with Mrs. Mary Lee and cancelling the remaining ten months of her present lease, certain losses were incurred by Mrs. Mary Lee; and Whereas, such losses occurred through no fault of or action by Mrs. Mary Lee 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 Department of State Parks is hereby authorized and directed to pay to Mrs. Mary Lee the sum of five thousand ($5,000.00) dollars, as compensation as set out above in full and final satisfaction of any and all claims for loss resulting from the termination of said agreement. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 7, 1961. CITY OF DALTONCORPORATE LIMITS. No. 145 (House Bill No. 519). An Act to amend an Act amending the charter of the City of Dalton approved january 30, 1946, establishing the corporate limits of the City of Dalton and Acts amendatory of said charter by incorporating in said city all of the lands and territory located in land lot no. 234 and certain parts of land lots nos. 222, 223, and 235, in the 12th district and 3rd section of Whitfield County, Georgia: Be it enacted by the General Assembly of Georgia: 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 amending the charter of The City of Dalton approved January 30, 1946, and subsequent

Page 2414

to its passage ratified by the voters of The City of Dalton in an election duly called for the purpose of voting on said Act, and said charter be, and the same is hereby amended as follows: Section 1. That from and after the passage of this Act there be annexed to and incorporated in the corporate limits of The City of Dalton all of the lands and territory located in land lot no. 234, and the south half of land lot no. 223, and that part of the south half of land lot no. 222, and all of land lot no. 235 not now incorporated within said city, according to the corporate limits as established by an Act of the General Assembly of Georgia amending the charter of The City of Dalton approved January 30, 1946, all of said land and territory being located in the 12th district and 3rd section of Whitfield County, Georgia, and the corporate limits of said The City of Dalton shall be extended as follows: From a point where the present corporate limits of the City of Dalton as established by the Act approved January 30, 1946, above referred to, intersects the south line of land lot no. 235, in the 12th district and 3rd section of Whitfield County, Georgia, said corporate limits shall follow said line and the south line of land lot no. 234 to the southwest corner of said lot no. 234; thence shall run north with said west line of lots nos. 234 and 223 to a point equidistant from the north and south lines of lot no. 223; thence shall run east parallel to the south line of lots nos. 223 and 222 across said lots to a point where the same will intersect the present corporate limits as established by the Act aforesaid; and all of that land and territory between the present corporate limits and the boundaries above referred to shall be incorporated in said city. Corporate limits. 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 Legislation. Notice is hereby given that at the present January,

Page 2415

1961, term of the General Assembly of Georgia, there will be introduced a bill extending the corporate limits of The City of Dalton, so as to include within said city all of the lands and territory located in land lots nos. 234 and certain parts of land lots nos. 222, 223 and 235, in the 12th district and 3rd section of Whitfield County, Georgia. /s/ G. J. Boyett, Seat No. 1 Representative, Whitfield County, Georgia. /s/ Virgil T. Smith, Seat No. 2 Representative, Whitfield County, Georgia. Georgia, Whitfield County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. J. Boyett and Virgil T. Smith, who, on oath, depose and say that they are representatives of Whitfield County, Georgia, in the General Assembly of Georgia, and that the attached copy of notice of intention to introduce local legislation was published in The Dalton Citizen, which is the official organ of said County, on the following dates: December 30, 1960; January 6, 1961; January 13, 1961. /s/ Virgil T. Smith /s/ G. J. Boyett Sworn to and subscribed before me, this the 21st day of January, 1961. /s/ Anne Babb Notary Public. (Seal). Approved March 8, 1961.

Page 2416

TOWN OF GRAYCHARTER AMENDED. No. 146 (House Bill No. 396). An Act to amend an Act creating a new charter for the Town of Gray, approved August 22, 1911, (Ga. L. 1911, p. 1267), as amended, particularly by an Act approved February 15, 1957, (Ga. L. 1957, p. 2160), so as to authorize the mayor and aldermen of said city to open, close, lay-out, widen, straighten, or otherwise change streets, alleys and squares in the Town of Gray; 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 Gray, approved August 22, 1911, (Ga. L. 1911, p. 1267), as amended, particularly by an Act approved February 15, 1957, (Ga. L. 1957, p. 2160), is hereby amended by inserting following section 16 of said Act, a new section 16-A which shall read as follows: Streets, etc. Section 16-A. The mayor and aldermen shall have full power and authority to open, close, lay-out, widen, straighten, or otherwise change streets, alleys and squares in the Town of Gray. 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 1961 session of the General Assembly of Georgia, a bill to amend the charter of the Town of Gray, as amended particularly by an Act approved February 15, 1957, (Ga. L. 1957, p. 2160), so as to provide that the Mayor and Aldermen shall have full power and authority to open, close, lay-out, widen, straighten or otherwise change streets, alleys and squares in the Town of Gray.

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This 11th day of January, 1961. /s/ Corbin C. Roberts Representative, Jones County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, comes Corbin C. Roberts, who, on oath, deposes and says that he is representative from Jones County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News, which is the official organ of said county, on the following dates: January 12th, 19th, and 26th, 1961. /s/ Corbin C. Roberts Representative, Jones County, Ga. Sworn to and subscribed before me, this 1st day of February, 1961. /s/ Patricia Ann Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved March 7, 1961. CITY OF ATLANTATAXATION FOR PUBLIC SCHOOLS. No. 147 (House Bill No. 364). An Act to amend an Act entitled an Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.

Page 2418

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 set forth in the caption to this Act be and the same is further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice, as required by law, are attached hereto and made a part of this Bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. That for the year 1961 and for each and every year thereafter the mayor and board of aldermen shall provide by ordinance for the assessment and collection of an annual ad valorem tax for the support of public schools and for other educational purposes, at the millage rate recommended by the board of education, and shall appropriate and deliver monthly to the board of education, as collected, such taxes free from any charge except the direct cost of collecting the same. Tax for public schools. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County. Personally appeared before me the undersigned, Milton M. Smith, author of the attached Bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice:

Page 2419

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 1961 session of the General Assembly of Georgia, which convenes on Monday, January 9, 1961, 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 13th day of December, 1960. /s/ J. C. Savage City Attorney City of Atlanta Dec 15 22 29 Jan 5 12 19 26 This 31 day of January, 1961. /s/ Milton M. Smith Sworn to and subscribed before me, this 31 day of January, 1961. /s/ Wilson Brooks Notary Public Fulton County, Georgia. Approved March 15, 1961.

Page 2420

COMPENSATION OF TAX COMMISSIONERS IN COUNTIES OF NOT LESS THAN 6,910 AND NOT MORE THAN 6,950 POPULATION. No. 149 (House Bill No. 208). An Act to amend an Act providing for the compensation of the tax commissioner in certain counties, approved March 17, 1956, (Ga. L. 1956, p. 3490), so as to change the population and census figures appearing therein; to change the compensation of the tax commissioner; to provide for the disposition of all fees, costs, commissions and other perquisites collected by the tax commissioner; to provide for additional employees and their compensation; 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 Tax Commissioner in certain counties, approved March 17, 1956, (Ga. L. 1956, p. 3490), is hereby amended by striking therefrom section 1 in its entirety and substituting in lieu thereof a new section 1 which shall read as follows: Section 1. (a) In each county of this State having a population of not less than 6,910 and not more than 6,950, according to the 1960 United States census or any future such census, the tax commissioner shall be compensated in an amount of $3,000.00 per annum, to be paid in equal monthly installments from the funds of such county. Salary. (b) Notwithstanding the above, such compensation shall be in lieu of all fees, costs, commissions and perquisites of whatever kind, heretofore received by the tax commissioner of such counties. All fees, costs, commissions and all other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected by the tax commissioner of such counties, shall be received and collected by said tax commissioner

Page 2421

for the sole use of such counties, and it shall be the property of such counties. Such funds shall be held as public funds belonging to such counties and shall be accounted for and paid to the fiscal authority of such county within the first ten (10) days of each month for the immediately preceding month, accompanied by an itemized statement, under oath, showing the collections and the sources from which collected. Fees. (c) The tax commissioner shall be authorized to employ such assistants as are necessary to assist him in the performance of his duties. The compensation and hiring of such assistants shall be upon approval by the county governing authority. Assistants. (d) The governing authority of such counties upon approval of such expenses, shall furnish the necessary office supplies, material and expenses for utilities for the office of tax commissioner. Supplies. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1961. LAMAR COUNTYCLERICAL HELP FOR TAX COMMISSIONER. No. 151 (House Bill No. 415). An Act to amend an Act creating the office of tax commissioner of Lamar County, approved July 24, 1925 (Ga. L. 1925, p. 668), as amended by an Act approved April 12, 1926 (Ga. L. 1926, p. 60), an Act approved February 4, 1933 (Ga. L. 1953, p. 2107), and an Act approved March 13, 1957, (p. 3123), so as to change the compensation provided for the payment of clerical help for said tax commissioner; to repeal conflicting laws; and for other purposes.

Page 2422

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. That the Act creating the office of tax commissioner of Lamar County approved July 24, 1925 (Ga. L. 1925, p. 668), as amended, be, and the same is hereby amended by striking from section 4 thereof the words and figures twelve hundred ($1200.00), and inserting in lieu thereof the following words and figures, to-wit: twenty-four hundred ($2400.00), so that said section 4 when so amended shall read as follows: Section 4. The tax commissioner shall receive as compensation for his services the sum of forty-two hundred ($4200.00) dollars per annum, to be paid in equal monthly installments from the general fund of Lamar County, and in addition thereto said tax commissioner shall receive 10 per cent of all amounts collected on the last 20 per cent of the digest, and the additional sum of twenty-four hundred ($2400.00) dollars per annum to pay clerical help to carry on the work of the office. Said sums shall be in lieu of any fees or commissions which said tax commissioner formerly received, and all of said fees and commissions to which the tax commissioner is entitled shall be paid into the general funds of Lamar County. Section 2. This shall be effective as of January 1, 1961. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Lamar County. Personally before me, the undersigned officer duly authorized to administer oaths, appeared William W. Dennis, who after being duly sworn to speak the truth and on his oath says: That he is owner, editor and publisher of the Barnesville News Gazette, a newspaper with a general circulation

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throughout said county and in which newspaper the sheriff's advertisements for said county are published, and that the attached printing is an exact copy of the notice that has been published in said News Gazette in the weekly issues of January 12th, 19th and 26th, 1961. /s/ William W. Dennis Sworn to and subscribed before me, this the 28th day of January, 1961. /s/ Sam L. Whitmire Notary Public, Lamar County, Georgia. My Commission expires March 9, 1963. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1961 session of the General Assembly of Georgia a bill increasing the salary paid clerical help for the Tax Commissioner of Lamar County, Georgia and for other purposes. This the 7th day of January, 1961. /s/ Haygood Keadle, Representative, Lamar County, Georgia 1/12-19-26. Approved March 15, 1961. TOCCOASTEPHENS COUNTY AIRPORT No. 152 (House Bill No. 478). An Act entitled An Act to create and establish the Toccoa-Stephens County Airport Authority and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing

Page 2424

fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to acquire the necessary property therefor, both real and personal, and to lease and sell any and all of such facilities including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the Authority, including but not limited to earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations or to secure the payment thereof and to define the rights of the holders of such bonds; to provide that no debt of the City of Toccoa or the County of Stepehns shall be incurred in the exercise of any powers granted by this Act; to make the bonds or obligations of the Authority exempt from taxation; to grant the Authority the right of eminent domain and empower it to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law known as the Revenue Certificate Law of 1937 (Ga. L. 1937 p. 761 et seq., as amended); to provide that the City of Toccoa shall have jurisdiction over the real property of the Authority; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with the provisions of this Act; and for other purposes:

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. Short Title This Act may be cited as the Toccoa-Stephens County Airport Authority Act. Section 2. Toccoa-Stephens County Airport Authority Act There is hereby created a body corporate and politic to be known as the Toccoa-Stephens County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Authority shall consist of five (5) members, one of whom shall be the current Chairman of the Board of Commissioners of Roads and Revenues of Stephens County, Georgia; one of whom shall be the current Mayor of the City of Toccoa; and three of whom shall be elected and appointed as hereinafter set out. The terms of the three members other than the Chairman of the County Commissioners and the Mayor of the City of Toccoa shall be as follows: Upon the approval of this Act, the City Commission of the City of Toccoa shall appoint two members of said Authority, one member for a term ending December 31, 1961 and one member for a term ending December 31, 1963. The Board of Commissioners of Roads and Revenues in Stephens County, Georgia, shall appoint one member to said Authority for a term ending December 31, 1962. Upon the expiration of the term of office of the member whose term shall end on December 31, 1961, the Board of Commissioners of Roads and Revenues in Stephens County, Georgia, shall appoint one member to the Commission for a period of three years and thereafter in alternate years beginning January 1, 1963 the City Commission of the City of Toccoa and the Board of Commissioners of Roads and Revenues in Stephens County, Georgia, shall appoint a member each year for a term of

Page 2426

three years. To qualify for election or appointment as a member of such Authority the persons shall be a freeholder in Stephens County and have the same qualifications as are required for a person to vote in Stephens County, Georgia. Except for the automatic appointment of the current Chairman of the County Commissioners and the current Mayor of the City of Toccoa, no person who holds an elected office or is an employee of Stephens County or the City of Toccoa shall be qualified to serve on such Authority during the tenure of this office or employment and for a period of one year after the expiration of said elected office or employment. Upon the approval of this Act, and at its first meeting in January of each year thereafter, the Authority shall elect one of its members as its Chairman and another member as Vice Chairman, both of whom shall be elected for a term ending on December 31, of the year in which they were elected or until their successors are elected and qualified. The Authority shall also elect a Secretary and Treasurer who shall be elected in the same manner and for the same term as Chairman and Vice Chairman. One person may hold the office of Treasurer and Secretary, but no member of the Authority shall hold any other two offices. A majority of the Authority eligible to vote shall constitute a quorum and a majority of the Authority eligible to vote is empowered to exercise all the rights and perform all of the duties of the Authority, excepting that it shall be necessary for four members of the Authority to concur before any of the real property owned by the Authority shall be sold or disposed of. In the event of a vacancy on the Authority by death, resignation, or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason by the governing body which appointed such member. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence.

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Section 3. Definitions As used in this Act the following words and terms have the following meanings: (a) The word Authority shall mean the Toccoa-Stephens County Airport Authority as created by the provisions of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintainence, improving and operation of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property so as to assure the efficient and proper development, maintenance and operation of such airports, and landing fields for the use of aircraft deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority including the proceeds of any Revenue Bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds, and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law

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(Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating, if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease, dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power and right of eminent domain, which is hereby granted, by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchies necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contract with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this

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Act, and in any proceeding to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance. (d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient including contracts for construction of projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political sub-divisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable; the said Authority is further granted the authority to make contracts, leases, and to execute all instruments necessary or convenient with the United States Government or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in section 18 of this Act; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;

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(g) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency or instrumentality or other source may impose; (h) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source, may impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (k) The Authority and the trustee acting under the trust indenture, are specifically authorized subject from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in section 2 and section 18 hereof; (l) To do all things necessary or convenient to carry out the powers especially given in this Act. Section 5. Revenue Bonds The Authority, or any authority or body which has or which may in the future

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succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the Authority from time to time, shall be payable semi-annually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 6. Same; Form; Denominations; Registration; Place of Payment The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal along and also as to both the principal and interest. Section 7. Same; Signatures; Seal In case any officer whose signature shall appear on any bonds or whose

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facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the secretary and treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and secretary and treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. Section 8. Same; Negotiability; Exemption from Taxation All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the State. Section 9. Same; Sale; Price The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par. Section 10. Same; Proceeds of Bonds The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit

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for the cost of the project or projects, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. Section 11. Same; Interim Receipts and Certificates or Temporary Bonds Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; Replacement of Lost or Mutilated Bonds The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 13. Conditions Precedent to Issuance; Object of Issuance Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. is the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 14. Credit not Pledged Revenue bonds issued under the provisions of this Act shall not be deemed

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to constitute a debt of Stephens County, or any municipality therein, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 15. Same; Trust Indenture as Security In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including, the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may

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be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 16. Same; To Whom Proceeds of Bonds Shall be Paid The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolutions or trust indentures may provide. Section 17. Same; Sinking Fund The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking

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fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying interest and principal, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Same; Remedies of Bondholders Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 19. Same; Refunding Bonds The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for

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the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Same; Validation Bonds of the Authority shall be confirmed and validated in accordance with the procedure of said Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality, shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said Toccoa-Stephens County Airport Authority. Section 21. Same; Venue and Jurisdiction Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Stephens County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

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Section 22. Same; Interest of Bondholders Protected While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23. Moneys Received Considered Trust Funds All moneys received pursuant to the Authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the Authority Without limiting the generality of any provisions of the Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, improving and operating airports and landing field for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 25. Rates, Charges and Revenues; Use The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases of its lands or facilities, and in anticipation of the collection of the revenues

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and income of such undertakings or projects is authorized to issue revenue bonds as herein provided to finance, in whole or in part, the cost of such project or projects and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects. Section 26. Rules and Regulations for Operation of Projects It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. Section 27. Powers Declared Supplemental and Additional The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Liberal Construction of Act This Act being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia and of Stephens County, shall be liberally construed to effect the purposes hereof. Section 29. Jurisdiction All property, the title to which shall vest in said authority shall be and become a part of the corporate limits of the City of Toccoa and shall be subject to the jurisdiction of the City of Toccoa in the same manner and subject to the police powers of the City of Toccoa and the same laws, ordinances, rules and regulations as are now or may hereafter be in effect in the City of Toccoa. Section 30. Effect of Partial Invalidity of Act The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

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Section 31. Repeal All laws and parts of laws in conflict with this Act are hereby repealed. Section 32. Effective Date The effective date of this law shall be upon approval of same by the Governor. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the 1961 session of the General Assembly of Georgia for the passage of an Act to provide for the creating of a Toccoa-Stephens County Airport Authority; to provide for the membership of said Authority and the duties and responsibilities of said Authority; and for other purposes. This 18th day of January, 1961. /s/ W. B. Schaefer Chairman, Board of Commissioners of Roads and Revenues in Stephens County, Georgia. /s/ W. C. Clary, Jr. Mayor, City of Toccoa, Georgia Georgia, Stephens County. Personally before me the undersigned officer authorized by law to administer oaths appeared Robert W. Graves who being duly sworn, deposes and says that he is the editor and publisher of the Toccoa Record, a newspaper published in the county in which the City of Toccoa is located and that the Toccoa Record is the official newspaper of Stephens County, Georgia and the newspaper in which the sheriff's advertisements for said locality affected are published and that the above and foregoing notice of intention to apply for local legislation was published in the Toccoa Record on the following dates January 19, 1961, January 26, 1961 and February 2, 1961. /s/ Robert W. Graves

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Sworn to and subscribed before me this 18th day of February, 1961. /s/ Robert B. Struble Notary Public, Stephens County, Georgia. My Commission expires June 6, 1963. (Seal). Approved March 15, 1961. CITY OF MACONCORPORATE LIMITS, REFERENDUM. No. 153 (House Bill No. 502). An Act to amend the charter of the City of Macon in the County of Bibb; to extend the present corporate limits of said city so as to include therein certain territory in the County of Bibb contiguous to boundaries of the present city; defining the boundaries of the extended corporate limits of said city; providing for a referendum election to be held to determine whether this Act shall become effective; fixing the qualifications of voters in said referendum election and providing for the declaration of the result thereof; providing for the date that such proposed territory shall be included in the corporate limits of the City of Macon; providing penalties for illegal voting; providing that no business licenses or taxes of any nature shall be payable to said city in said territory prior to January 1st, 1962; providing, if the vote of the referendum election is in favor of annexation, the voting qualifications of the residents of said territory in all city elections held during the year 1961 prior to the date of the inclusion of said territory within the City of Macon, and providing that such residents shall be eligible for nomination and election to the mayor and council of the City of Macon for any term beginning after June 1, 1961; providing for the establishment of special tax districts in the territory proposed

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for annexation for proration of the ad valorem tax burden commensurate with services rendered; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Macon in the County of Bibb be, and the same is hereby amended as follows: Section 1. Additional Territory Described . That, subject to the provisions of this Act, the present corporate limits of the City of Macon, hereinafter designated as city, be, and they are, hereby extended so as to include within said corporate limits that certain territory in the County of Bibb contiguous to present corporate limits as is comprised within the following boundary lines, to wit: All that tract or parcel of land lying and being in the County of Bibb, State of Georgia, and more particularly described as follows: Commencing at a point on the south right of way line of Main Street where the present city limits line intersects the same, which point is also the point where the dividing line between land lots 60 and 61 extended along the east right of way line of Dunlap Street intersects said right of way line of Main Street; and from said beginning point running thence generally in an easterly direction along the southerly right of way line of Main Street and Emery Highway to a point where said southerly right of way line of Emery Highway intersects the center line of the Central of Georgia Railroad main line; and thence angling left and running in a northeasterly direction along the center line of said Central of Georgia Railroad main line to a point where said center line of said Central of Georgia Railroad main line intersects the land lot line dividing land lots 48 and 65; thence angling left and running in an easterly direction along the land lot line dividing land lots 65 and 48 to the point of intersection of the land lot lines dividing land lots 47, 48, 65, and 66; thence angling left and running in a northerly direction along the land lot line dividing land lots 47 and 48 to a point on the

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northerly right of way line of Masseyville (Recreation) Road; thence angling right and running in a northeasterly direction along the northerly right of way line of Masseyville (Recreation) Road to a point where the easterly right of way line of Jordan Avenue intersects the northerly right of way line of Masseyville (Recreation) Road; thence angling left and running in a northwesterly direction along the easterly right of way line of Jordan Avenue a distance of 226 feet, more or less, to a point where the boundary line of Bowden Golf Course intersects the easterly right of way line of Jordan Avenue; thence angling right and running along the boundary line of Bowden Golf Course, the same being a meandering line, to a point where said boundary line of Bowden Golf Course intersects the land lot line dividing land lots 74 and 75; thence angling right and running in a northeasterly direction along the land lot line dividing land lots 74 and 75 to the point where said land lot line intersects the boundary line dividing Bibb County from Jones County; thence angling left and running along the boundary line dividing Bibb County from Jones County generally in a westerly and southerly direction along a meandering line to the point where said boundary line dividing Bibb County from Jones County intersects the present corporate limits line of the City of Macon, which point is also the northwest corner of North Forest Hills subdivision; thence angling left and running along the present corporate limits line of the City of Macon in a southwesterly direction to the point where said present corporate limits line intersects the center line of the Ocmulgee River; thence angling right and running in a northwesterly direction along the center line of the Ocmulgee River to a point on said center line of said river where an extension of the north boundary line of the Macon water works property would intersect the same; thence angling left and running in a southwesterly direction along said extension of the north boundary line of the Macon water works property and the north boundary line of said property and another extension thereof to the point where said latter extension would intersect the center line of the Southern Railroad main line; thence angling right and running in a northwesterly direction along the center

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line of said Southern Railroad main line to a point where a line extended at right angles to Riverside Drive and in a northeasterly direction from the point of intersection of the south right of way line of the V C L Road and the south right of way line of Riverside Drive intersects said center line of said Southern Railroad main line; thence angling left and running in a southwesterly direction along the aforesaid line to the point of intersection of the south right of way line of V C L Road and the south right of way line of Riverside Drive; thence angling right and running in a northwesterly direction along the south right of way line of the V C L Road to the point where the land lot line dividing land lots 347 and 358 intersects said south right of way line of the V C L Road; thence angling left and running in a southerly direction along the land lot line dividing land lots 347 and 358 to the point where the land lot lines dividing land lots 347, 348, 357, and 358 intersect; thence continuing in a southerly direction along the land lot line dividing land lots 348 and 357 to a point on said land lot line which is 139.3 feet north of the north right of way line of Wimbish Road; thence angling right and running in a westerly direction along a straight line to the point which marks the northwest corner of lot 3, block B, Wimbish Woods subdivision; thence angling right and running in a northerly direction along the east boundary line of Wimbish Woods subdivision to the point where said east boundary line intersects the center line of Savage, sometimes referred to as Sabbath Creek; thence along the north boundary line of Glen Cove subdivision to a point where the said north boundary line of said subdivision intersects the east boundary line of the Board of Education property lying adjacent to Glen Cove subdivision; thence angling right and running along the boundary line of said Board of Education property to the point where said boundary line again intersects the north boundary line of Glen Cove subdivision; thence angling right and running in a southwesterly direction along the north boundary line of Glen Cove subdivision and an extension thereof to a point on said extended line which is 512.9 feet west of the west right of way line of Forest Hill Road; thence angling left and

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running along a line 512.9 feet west of the west right of way line of Forest Hill Road and parallel thereto to a point where said line intersects the land lot line dividing land lots 331 and 340; thence angling right and running in a southerly direction along the land lot line dividing land lots 331 and 340 to the point where the land lot lines dividing land lots 331, 332, 339, and 340 intersect; thence angling right and running in a westerly direction along the land lot line dividing land lots 331 and 332 to the point where the land lot lines dividing land lots 310, 311, 331, and 332 intersect; thence continuing in a westerly direction along the land lot line dividing land lots 310 and 311 to a point on said land lot line which is 1040 feet east of the intersection of the land lot lines dividing land lots 302, 303, 310, and 311; thence angling right and running in a northerly direction along a line 1040 feet east of and parallel to the land lot line dividing land lots 302 and 311 a distance of 850 feet to a point; thence angling left and running in a westerly direction along a line 850 feet north of and parallel to the land lot dividing land lots 310 and 311 to the east right of way line of Wesleyan Drive; thence angling right and running along the east right of way line of Wesleyan Drive in a northerly direction to a point on said east right of way line of Wesleyan Drive where an extension of the north boundary line of Wesleyan Woods subdivision would intersect the same; thence angling left and running in a westerly direction along said extension of the north boundary line of Wesleyan Woods subdivision and the north boundary line of Wesleyan Woods subdivision and another extension thereof to the point where said latter extension of said north boundary line of Wesleyan Woods subdivision would intersect the center line of the Central of Georgia main line; thence angling left and running generally in a southeasterly direction along the center line of said Central of Georgia Railroad main line to a point where an extension of the west right of way line of Tucker Road would intersect the same; thence angling right and running along said extension of the west right of way line of Tucker Road and the west right of way line of Tucker Road to a point where said west right

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of way line of Tucker Road intersects the land lot line dividing land lots 309 and 310; thence angling left and running in an easterly direction along the land lot line dividing land lots 309 and 310 to the point where the land lot lines dividing land lots 309, 310, 332, and 333 intersect; thence angling right and running in a southerly direction along the land lot line dividing land lots 309 and 333 to the point where the land lot lines dividing land lots 308, 309, 333, and 334 intersect; thence angling left and running in an easterly direction along the land lot line dividing land lots 333 and 334 to the point where the west boundary line of Lake Wood subdivision intersects the same; thence angling right and running in a southerly direction along the west boundary line of Lake Wood subdivision and an extension thereof across Ayers Road to a point where said extension of said line would intersect the south right of way line of Ayers Road; thence angling left and running along the south right of way line of Ayers Road to a point on said right of way line which is 206 feet west of the intersection of the south right of way line of Ayers Road with the west right of way line of Bon Ayer Circle; thence angling right and running in a southerly and then easterly direction along the west and south boundary line of Bon Ayer subdivision to the point where the south boundary line of said subdivision intersects the west boundary line of lot 8 of the Whitehead property; thence angling right and running in a southerly direction 69 feet along the west boundary line of said lot 8 to a point; thence angling left and running in an easterly direction along the south boundary line of said lot 8 a distance of 223 feet to the point where said south boundary line intersects the west right of way line of Bernice Avenue; thence angling right and running in a southerly direction along the west right of way line of Bernice Avenue intersects the south right of way line of Villa Avenue; thence angling left and running in an easterly direction along the south right of way line of Villa Avenue to a point on said south right of way line of Villa Avenue which is 150 feet west of the intersection of the south right of way line of Villa

Page 2447

Avenue and the west right of way line of Thompson Road; thence angling right and running in a southerly direction along a line 150 feet west of and parallel to the west right of way line of Thompson Road to a point where said line intersects the north right of way line of Brown Avenue, sometimes referred to as Brown Alley; thence angling right and running along the north right of way line of Brown Avenue, sometimes referred to as Brown Alley, to a point on said right of way line where an extension of the west boundary line of lots 19 and 32, block F, Villa Crest subdivision, would intersect the same; thence angling left and running in a southerly direction along said extension of the west boundary line of lots 19 and 32, block F, Villa Crest subdivision and along the west boundary line of lots 19 and 32, block F, Villa Crest subdivision, to the point where said west boundary line intersects the north right of way line of Forest Avenue; thence angling right and running in a westerly direction along the north right of way line of Forest Avenue to a point where an extension of the west boundary line of lot 12, Willingham subdivision, would intersect said right of way line; thence angling left and running along said extension of the west boundary line and the west boundary line of lot 12, Willingham subdivision, to a point on said west boundary line of said lot 12, Willingham subdivision, which is 210 feet south of the south right of way line of Forest Avenue, which point is also the point where said west boundary line of said lot 12 intersects the north boundary line of the Board of Education property surrounding Minnie Butler Elementary School; thence angling right and running in a westerly direction along the north boundary line of said Board of Education property to the point where said north line of said Board of Education property intersects the land lot line dividing land lots 335 and 336; thence angling left and running in a southerly direction along the land lot line dividing land lots 335 and 336 and an extension thereof to a point on the south right of way line of Mumford Road; thence angling left and running in an easterly direction along the south right of way line of Mumford Road to a point where said south right of way line intersects the land lot line dividing

Page 2448

land lots 115 and 152; thence angling right and running in a southerly direction along the land lot line dividing land lots 115 and 152 to the point where said land lot line intersects the west right of way line of Hollingsworth Road; thence angling right and running generally in a southerly direction along the west right of way line of Hollingsworth Road to the point where said west right of way line of Hollingsworth Road intersects the west right of way line of Log Cabin Drive; thence angling right and running along the west right of way line of Log Cabin Drive and New Columbus Road in a southerly direction to a point where said west right of way line of New Columbus Road intersects the land lot line dividing land lots 112 and 113; thence angling right and running in a westerly direction along the land lot line dividing land lots 112 and 113 to the point where the land lot lines dividing land lots 78, 79, 112, and 113 intersect; thence angling left and running in a southerly direction along the land lot line dividing land lots 79 and 112 to the point where the land lot lines dividing land lots 79, 80, 111, and 112 intersect; thence angling left and running in an easterly direction along the land lot line dividing land lots 111 and 112 to a point where said land lot line intersects the west right of way line of New Columbus Road; thence angling right and running in a southerly direction along the west right of way line of New Columbus Road to a point where said west right of way line of New Columbus Road intersects the land lot line dividing land lots 110 and 111; thence angling right and running in a westerly direction along the land lot line dividing land lots 110 and 111 to a point where the land lot lines dividing land lots 80, 81, 110 and 111 intersect; thence angling left and running in a southerly direction along the land lot line dividing land lots 81 and 110 to a point where said land lot line intersects the north right of way line of Chambers Road; thence angling left and running an an easterly direction along the north right of way line of Chambers Road to a point where an extension of the east right of way line of Nesbit Drive would intersect the same; thence angling right and running along said extension of the east right of way line of Nesbit Drive and along the east right of way

Page 2449

line of Nesbit Drive to a point on said east right of way line of Nesbit Drive where an extension of the north boundary line of block F, Bloomfield estates, would intersect the same; thence angling right and running along said extension of the north boundary line of block F, Bloomfield estates, and the north boundary line of block F, Bloomfield estates, to the point where the said north boundary line intersects the land lot line dividing land lots 83 and 108; thence angling left and running in a southerly direction along the land lot line dividing land lots 83 and 108 to a point where the land lot lines dividing land lots 83, 84, 107, and 108 intersect; thence continuing in a southerly direction along the land lot line dividing land lots 84 and 107 to a point where said land lot line intersects the south right of way line of Reynolds Drive; thence at a right angle of 90 degrees to said land lot line dividing land lots 84 and 107 and running 300 feet to a point; thence angling left and running in a southerly direction along a line 300 feet west of and parallel to the land lot line dividing land lots 84 and 107 to a point where said line intersects the land lot line dividing land lots 84 and 85; thence angling left and running in an easterly direction along the land lot line dividing land lots 84 and 85 to a point where the land lot lines dividing land lots 84, 85, 106, and 107 intersect; thence continuing in an easterly direction along the land lot line dividing land lots 106 and 107 to a point where the land lot lines dividing land lots 106, 107, 122 and 123 intersect; thence continuing in an easterly direction along the land lot line dividing land lots 122 and 123 to a point where said land lot line intersects the west boundary line of block C, Groveland Park subdivision; thence angling right and running in a southerly direction along the west boundary line and an extension thereof of block C, Groveland Park subdivision, for a distance of 1600 feet to a point; thence angling left and running in an easterly direction along a line 1600 feet south of and parallel to the land lot line dividing land lots 122 and 123 to a point where said parallel line would intersect the land lot line dividing land lots 123 and 144; thence angling left and running in a northerly direction along the land lot line dividing land

Page 2450

lots 123 and 144 a distance of 1600 feet to the point of intersection of the land lot lines dividing land lots 122, 123, 144, and 145; thence angling right and running in an easterly direction along the land lot line dividing land lots 144 and 145 to a point on said land lot line where the east boundary line of Fairview Acres subdivision intersects the same; thence angling left and running generally in a northerly direction along the said east boundary line of Fairview Acres subdivision and an extension thereof to a point where said extension of said east boundary line of said subdivision would intersect the north right of way line of Rocky Creek Road; thence angling right and running generally in an easterly direction along the north right of way line of Rocky Creek Road to a point where said north right of way line of Rocky Creek Road intersects the center line of Rocky Creek; thence angling right and running generally in a southerly and easterly direction along the center line of Rocky Creek to a point where the center line of Rocky Creek intersects the land lot line dividing land lots 222 and 223; thence angling left and running in an easterly direction along the land lot line dividing land lots 222 and 223 to the point where the land lot lines dividing land lots 222, 223, 240, and 241 intersect; thence continuing in an easterly direction along the land lot line dividing land lots 240 and 241 to the point where the land lot lines dividing land lots 240, 241, 244, and 245 intersect; thence continuing in an easterly direction along the land lot line dividing land lots 244 and 245 to a point on said land lot line where an extension of the land lot line dividing land lots 143 and 144 would intersect the same; thence angling left and running in a northerly direction along an extension of the land lot line dividing land lots 143 and 144 and the land lot line dividing land lots 143 and 144 to the point where the land lot lines dividing land lots 135, 136, 143, and 144 intersect; thence continuing in a northerly direction along the land lot line dividing land lots 135 and 136 to the point where the land lot lines dividing land lots 125, 126, 135, and 136 intersect; thence angling left and running in a westerly direction along the land lot dividing land lots 125 and 136 to the point where the land lot

Page 2451

lines dividing land lots 124, 125, 136, and 137 intersect; thence angling right and running in a northerly direction along the land lot line dividing land lots 124 and 125 to the point where said land lot line intersects the center line of the G. S. F. Railroad main line; thence angling right and running in a northeasterly direction along the center line of said G. S. F. Railroad main line to the point where said center line of said railroad main line is intersected by the north boundary line of the Macon Prestressed Concrete Company property; thence angling left and running in a westerly direction along the said north boundary line of the Macon Prestressed Concrete Company property and the north boundary line of the Georgia State Armory property to a point on the north boundary line of the Georgia State Armory property which is 500 feet east of and at right angles to the east right of way line of Mead Road; thence angling right and running in a northwesterly direction along a line 500 feet east of and parallel to the east right of way line of Mead Road to a point on said line which is 600 feet south of and at right angles to the center line of the Central of Georgia Railroad main line; thence angling right and running in a northeasterly direction along a line 600 feet south of and parallel to the center line of said Central of Georgia Railroad main line to a point on said parallel line which is 600 feet south of the land lot line dividing land lots 47 and 62; thence angling right and running along a line parallel to and 600 feet south of the land lot line dividing land lots 47 and 62 to a point on said parallel line which would be intersected by an extension of the present corporate limits line of the City of Macon; thence angling left and running along said extension of the present corporate limits line of the City of Macon and along the present corporate limits line of the City of Macon generally in a northeasterly direction via a meandering line to the point of beginning; save and except all that tract or parcel of land lying within the above-described territory which comprises the territorial limits of Payne City. Section 2. Effective Date . That the inclusion within

Page 2452

the corporate limits of said city of the territory above described shall not become effective until a referendum election held in said city and in said territory, in accordance with the provisions hereinafter set forth, results in a vote favoring such annexation, and upon such favorable vote, the inclusion of said territory within the corporate limits of the City of Macon shall be effective at 12: 01 a. m., June 1, 1961. Section 3. Referendum . The Ordinary of Bibb County shall submit to the qualified voters residing within the territory above described and within the boundaries of the City of Macon, by giving the notice provided for in section 7 hereof; the question of the inclusion of said territory within the corporate limits of said city by calling a referendum election. The ordinary shall provide such polling places for voters in said territory and in said city as the ordinary may deem necessary and convenient for the voters therein. He shall appoint such managers at such polling places as he deems necessary for the conduct of said referendum election. Such managers shall be sworn by the ordinary or by the official in charge of the various voting places in said election. Section 4. Qualifications of Voters . At said election, persons who have continuously resided in said territory proposed to be annexed or within said city for at least six months next preceding the day of said election and who are otherwise qualified by law and registered to vote in general elections or who shall subsequently qualify and register to vote in the referendum election hereinabove provided for by registration under the provisions of the Acts of the General Assembly of Georgia of 1958, pp. 269, 285 (Ga. Code Anno., Section 34-126), shall be permitted to vote. Section 5. Voters' Lists . The ordinary shall use those lists of qualified voters in said territory and in said city prepared, purged, and supplemented and furnished to him by registrars of Bibb County in accordance with the Acts of the General Assembly of Georgia of 1958, pp. 269, 285 (Ga. Code Ann., Section 34-126).

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Section 6. Count of Ballots . The managers of said election shall, immediately upon the closing of the polls, count the votes cast at the election and shall deliver to the ordinary the sealed results, precinct returns and lists of voters, if any or all of such are used. At or before noon of the day following said election, or as soon thereafter as practicable, the manager shall certify to the ordinary the result of the election. Section 7. Time of Election . The election herein provided for shall be held on May 24, 1961. The polls within the city and within the territory proposed to be annexed shall open at 7 o'clock a. m. and close at 7 o'clock p. m. After the passage of this Act and its approval by the Governor, the ordinary shall issue his call for the election herein provided for, in sufficient time to allow notice of said election to be published in The Macon Telegraph and The Macon News once a week for four weeks on any dates prior to the date of said election. Said notice shall be signed by the ordinary and shall set forth the date of the election, the hours of voting and the polling places. Three certified copies of this Act shall be kept on file by the ordinary prior to said election, and such certified copies of the Act shall be subject to public inspection at all reasonable times. Section 8. Method of Voting . The method of voting to be used in said election shall comply as nearly as practicable with the form and method set forth in the Act of the General Assembly of Georgia approved March 20, 1943, contained in Ga. L. 1943, pp. 290 and 291. Each voting machine used in said election shall have plainly printed thereon the words For annexation and Against annexation placed above voting levers on the machine. Voters favoring annexation in accordance with the provisions of this Act shall pull the lever under the words For annexation and voters opposed to annexation in accordance with the provisions of this Act shall pull the lever under the words Against annexation. Section 9. Certification of Election; Consolidation of Votes; Proclamation; Effective Date; Record . The ordinary

Page 2454

shall consolidate the total vote cast in said election hereinbefore provided, and if it shall appear that a majority of the total number of votes cast in said election favor annexation, then the ordinary shall make a proclamation of such results, and thereupon the corporate limits of the City of Macon shall be extended at 12: 01 a. m., June 1, 1961, so as to include the territory within the boundaries hereinbefore described, and said territory shall, on June 1, 1961, become a part of said City of Macon and subject to all the laws and ordinances governing the same, subject only to the provisions of this Act. The consolidation of the votes in said election and the proclamation of the ordinary shall be entered on the minutes of the mayor and council of said city and on the minutes of the Court of Ordinary of Bibb County. Section 10. Territorial Voters Qualified for City Elections Before Annexation . If a majority of the votes cast in said election provided for in Section 3 above is in favor of said annexation, then at all primary elections or general elections to be held in said city, for the nomination and election of Mayor and Council of the City of Macon, as well as any special elections, held after May 24, 1961, those residents of said territory proposed to be annexed shall be qualified voters in said primary, in said general and special elections, upon the same terms and conditions, as to residence, registration and otherwise, as if said territory were on the days of said primary, general or special elections actually a part of said city. The city registrars in making up the list of qualified voters in said elections shall include the residents of said territory so qualified to vote as above set forth. The residents of said annexed territory who are so qualified to vote shall likewise be eligible for nomination and election to the Mayor and Council of the City of Macon for any term beginning after June 1, 1961, length of residence and qualifications as a voter in said annexed territory immediately preceding June 1, 1961, to be counted, for said purposes, as equivalent to residence and voting qualifications within the corporate limits of said city. Section 11. Expense of the Election . The entire expense

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of the election herein provided for shall be paid by the City of Macon. The Ordinary shall certify to the treasurer of the city the cost of holding the election, including reasonable compensation to the managers of said election, together with other reasonable expenses usually incident to elections. Section 12. Illegal Voting . Should any person vote in said election, provided for in section 3 above, who is not registered and qualified to vote, or shall vote at more than one polling place, or who has not continuously resided in the territory proposed to be annexed or within said city for at least six months next preceding the day of the election, he shall be deemed guilty of illegal voting, and upon conviction thereof, shall be punished as prescribed in Section 27-2506 of the Code of Georgia of 1933. Section 13. Effective Date of Business Licenses and Taxes . No business licenses or taxes of any nature shall be payable to the City of Macon in said territory prior to January 1, 1962. Section 14. Ad Valorem Taxation . If a majority of the votes cast in said election favor annexation, the above described territory shall, for all purposes, become a part of the territorial limits of the City of Macon except that, solely for the purpose of ad valorem taxation levied for services and general administration purposes and the orderly, feasible and progressive extension of municipal services to said territory, the governing authority of the City of Macon shall be fully empowered, from time to time, to constitute, designate and to change particular areas of said territory as special tax districts, and to levy, within any such area or areas, ad valorem taxes commensurate with the services and type of services extended to said area or areas. Ad valorem levies for each such service shall be reasonably adjusted to the cost of such service, but shall not exceed the following: (1) For police protection 3 mills (2) For fire protection 6 mills (3) For garbage collection 4 mills (4) For sewage 3 mills Upon the furnishing of any two of said municipal services to any of the aforesaid areas, one additional mill shall apply for general administrative purposes. Upon full city services being extended to any area, defined as hereinabove provided, such area shall cease to be a special tax district for ad valorem tax purposes. Section 15. Separability . This Act, and every provision thereof, shall be considered separable; and the invalidity of any section, clause, provision, or part or portion of any section, clause or provision of this Act shall not affect the validity of any other portion of this Act. Section 16. Repeal of Conflicting Laws . All laws or parts of laws in conflict herewith be, and they are, hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the January, 1961, session of the General Assembly of Georgia for the passage of the following bill, to-wit: 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 17th, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1288 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

Page 2457

and all Acts amending, changing or re-enacting any section or sub-section of said Act or Acts; to repeal conflicting laws, and for other purposes. Any matter germane to this general subject may be included in said legislation or amendment thereto. This notice is given in compliance with Article III, SEction VII, paragraph XV (Code Section 2-1915) of the constitution of the State of Georgia of 1945. This 20th day of December, 1960. /s/ Buckner F. Melton, City Attorney, City of Macon. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Taylor Phillips, who, on oath, deposes and says that he is representative from Bibb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News, which is the official organ of said county, on the following dates: Dec. 23, Dec. 30, 1960 and Jan. 6, 1961. /s/ J. Taylor Phillips Representative, Bibb County Sworn to and subscribed before me, this 20th day of February, 1961. /s/ Amelia Smith Notary Public, Georgia State at Large My Commission expires Oct. 19, 1964. (Seal). Approved March 16, 1961.

Page 2458

UNION COUNTYSHERIFF PLACED ON SALARY BASIS. No. 155 (House Bill No. 546). An Act to change the compensation of the Sheriff of Union County from the fee system to the salary system; to provide the salary of such officer; to provide for employees of said officer; to provide for the disposition of fees and costs; to provide the procedure in connection with such change; 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 of Union County which is now based on a fee system is hereby abolished and said official shall hereafter be paid salary as herein provided. All fess, costs, percentages, forfeitures, 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 services by said official shall be diligently received and collected by all of said official for the sole use of Union County and shall be held as public monies belonging to said county and accounted for and paid over to the fiscal authorities of said county at such time of each month as the county fiscal authorities shall direct, at which time a detailed itemized statement shall be made by the officer showing his collections and the sources from which collected. Placed on salary. Section 2. The Sheriff of Union County shall be compensated in the sum of $3,600.00 per annum, payable in equal monthly installments from the funds of Union County. The sheriff shall appoint such deputy or deputies as may be necessary to efficiently perform the duties of his office and set their compensation which shall be paid out of salary of the Sheriff of Union County. Union County shall provide all necessary supplies and equipment needed for the office of sheriff, including automobile. Salary. Deputies.

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Section 3. This Act shall become effective on the first day of the month following that month in which it becomes law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given by me that local legislation will be introduced in the January 1961 General Assembly placing the Clerk of Superior Court, Union County, on a salary of $1800.00 per year with an allowance of $50.00 per month for clerical hire. The Ordinary will be placed on a salary of $1800.00 per year with clerical hire of $50.00 per month. The Sheriff will be placed on a salary of $1800.00 per year with $50.00 per month allowance for a deputy. Also included in this legislation will be an allowance of $50.00 per month for clerical hire for tax commissioner. All fees collected by the clerk's office, the ordinary's office and the sheriff's office will be deposited with the county treasurer's office, to be used for the operation of the County Government. /s/ Bonnell Akins, Representative, Union County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bonnell Akins, 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: January 19, January 26, and February 2, 1961. /s/ Bonnell Akins Representative, Union County

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Sworn to and subscribed before me, this 23rd day of February, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Publishers Affidavit. State of Georgia, County of Union. Before me, the undersigned, a notary public, this day personally came Harold R. West, who, being first duly sworn, according to law, says that he is the publisher of the North Georgia News, the official newspaper of said county, in which sheriff's advertisements in and for said county are published, and a newspaper of general circulation, with its principal place of business in said county, and that there has been deposited with said newspaper the cost of publishing three (3) insertions of Notice of Intention to Introduce Local Legislation, as provided by law, by Bonnell Akins, Representative of Union County, once a week for three (3) consecutive weeks beginning on Thursday January 19, 1961 and ending on Thursday February 2, 1961. /s/ Harold R. West, Publisher Subscribed and sworn to before me, this 15 day of February, 1961. /s/ Lillian Lance Notary Public, Union County, Ga. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given by me that local legislation will be introduced in the January 1961 General Assembly placing the Clerk of Superior Court, Union County, on a salary of $1800.00 per year with an allowance of $50.00 per month for clerical hire. The Ordinary will be placed on a salary of $1800.00 per year with clerical hire of

Page 2461

$50.00 per month. The Sheriff will be placed on a salary of $1800.00 per year with $50.00 per month allowance for a deputy. Also included in this legislation will be an allowance of $50.00 per month for clerical hire for tax commissioner. All fees collected by the clerk's office, the ordinary's office and the sheriff's office will be deposited with the county treasurer's office, to be used for the operation of the County Government. /s/ Bonnell Akins, Representative, Union County. Approved March 15, 1961. CIVIL AND CRIMINAL COURT OF DEKALB COUNTYSALARIES, ADDITIONAL SOLICITOR. No. 158 (House Bill No. 615). An Act to amend an Act approved February 14, 1951 (Ga. L. 1951, p. 2401), creating and establishing the Civil Court of DeKalb County and all Acts amendatory thereof so as to provide for the salaries of the judges; to provide for the salaries of the solicitor; to provide for the salaries of the clerk and marshal of said court; to provide for the appointment of an assistant solicitor, and to fix the salaries of the assistant solicitors of said court; and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Section 1. It is hereby enacted by authority of the same that an Act approved February 18, 1960, p. 2166, amending said original Act creating the Civil Court of DeKalb County, be and the same is hereby amended as follows:

Page 2462

By striking Section 4 of said Act of 1960 in its entirety and inserting in lieu thereof a new section to read as follows: The said judges of said court shall be paid a salary in the sum of $14,000.00 per annum, to be paid monthly, out of the county treasury. Judges' salaries. Section 2. Be it further enacted by authority of aforesaid that Section five of the Act of 1960, p. 2166 be amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: There shall be a solicitor for the Civil and Criminal Court of DeKalb County whose duty it shall be to represent the State in all prosecutions pending therein and all matters in which it is the duty of the solicitor general of the superior courts of said State to represent the State. Said solicitor shall be that person who has previously been elected or appointed to the position of Solicitor of the Civil and Criminal Court of DeKalb County and who on said date is qualified and serving as such, and his successor in office thereafter. Said solicitor shall continue in office as such until the expiration of the term to which he has been elected or appointed prior to the effective date of this Act. The Solicitor of the Civil and Criminal Court of DeKalb County shall be elected by the people of DeKalb County in the general election held in and for said County next preceding the expiration of the term of said solicitor. The term of office of said solicitor shall be four years, or until his successor is elected and qualified. The commission shall issue from the Governor upon a certificate from the Ordinary of DeKalb County as to his having been elected as solicitor of said county. The salary of the Solicitor of the Civil and Criminal Court of DeKalb County shall be $11,000.00 per annum, payable monthly out of the county treasury as an expense of the court. Solicitor's salary. Said salary shall be in lieu of any and all fees of said solicitor as provided by law. The solicitor of the

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Civil and Criminal Court of DeKalb County shall have been a resident and elector of DeKalb County, Georgia, for at least one year immediately preceding his election or appointment, and shall have been engaged in the practice of law at least three years next preceding his election or appointment hereunder and shall be at least twenty-five years of age. Section 3. Be it further enacted by authority aforesaid that section 6 of the Acts of 1960, page 2166, be amended by striking said section in its entirety and the following be inserted in lieu thereof, said section to read as follows: Be it further enacted by authority aforesaid, and it is hereby enacted by authority of the same, the present assistant solicitor of the Civil and Criminal Court of DeKalb County shall be named and referred to as the first assistant solicitor of said court. The salary of said first assistant solicitor shall be fixed by the Board of Commissioners of Roads and Revenue of DeKalb County at not less than $7500.00 per annum, payable monthly, out of the county treasury as an expense of the court. First assistant solicitor. Section 4. Said Act is further amended by striking section 7 of the Acts of 1960, page 2166, in its entirety and inserting in lieu thereof the following: Be it further enacted by authority aforesaid the salary of the Clerk of the Civil and Criminal Court of DeKalb County shall be fixed by the Board of Commissioners of Roads and Revenue of DeKalb County at not less than $8220.00 per annum. Clerk's salary. Be it further provided that the marshal of said court shall be paid a salary fixed by the Board of Commissioners of Roads and Revenue of DeKalb County at not less than $7820.00 per annum, said salaries to be paid monthly, out of the Treasury of DeKalb County as an expense of the court. Marshal's salary. Section 5. Be it further enacted that from and after

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the passage and approval of this Act,the solicitor of the Civil and Criminal Court of DeKalb County shall have authority to appoint an additional assistant solicitor for said court subject to the approval of the judges thereof. He may be removed by the concurrent action of the judges and solicitor, and the qualifications and duties for the office of said assistant solicitors shall be the same as those of the solicitor of said court. The salary of the said additional solicitor shall be fixed by the Board of Commissioners of Roads and Revenue of DeKalb County at not less than $6,000.00 per annum, to be paid monthly, out of the county treasury as an expense of the court. Additional Assistant Solicitor. Section 6. If any part or section of this Act shall be declared unconstitutional by any court of competent jurisdiction, such ruling shall not affect the validity of the remaining parts, sections or portions of the Act, it being the legislative intent to enact each part and each section hereof separately. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Section 8. This Act shall become effective upon its passage and approval. 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 19, January 26 and February 2, 1961. The DeKalb New Era /s/ W. H. McWhorter, Managing-Editor

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Sworn to and subscribed before me, this 10 day of February, 1961. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Mar. 23, 1963. (Seal). 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 said court, and for other purposes. /s/ J. Oscar Mitchell, Judge, Civil Criminal Court of DeKalb County. 1-19-3t. Approved March 16, 1961. WARE COUNTYOFFICERS PLACED ON SALARY BASIS. No. 161 (Senate Bill No. 97). An Act to place the Sheriff of the City Court of Waycross and Superior Court of Ware County, the Clerk of the Superior Court of Ware County, the Ordinary of Ware County, the Tax Collector of Ware County, and the Tax Receiver of Ware County on a salary system of compensation in lieu of the fee system of compensation; to fix the salaries of such officials; to provide a manner of payment of such salaries from county funds; to provide that all fees, fines, forfeitures and other monies, emoluments, and perquisites collectable by the officers affected by this Act shall be the property of the county, and that the county shall

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be subrogated to all rights, claims, and liens of said officers therefor; to provide that the officers affected by this Act shall diligently undertake the collection of said fees, fines, forfeitures and other monies, emoluments, and prequisites and to provide that the money so collected shall be held in trust for said county and periodically paid into the county treasury; to provide for periodic statements by said officers of the amount and source of said collections; to fix the number of personnel authorized to be employed by the officers affected by this Act and to fix said personnel's salary; to provide for payment of said personnel's salaries and the furnishing of equipment and the payment of necessary operating expenses of the offices affected by this Act; to provide for the procurement of necessary bonds and the payment of the premiums or cost thereof; to provide an effective date; to require the board of county commissioners to establish a uniform system of bookkeeping and accounting for all offices affected by this Act; to provide for the severability of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensation accruing to the offices of the Sheriff of the City Court of Waycross and Superior Court of Ware County, the Clerk of the Superior Court of Ware County, the Ordinary of Ware County, the Tax Collector of Ware County and the Tax Receiver of Ware County, known as the fee system is hereby abolished and a salary system of compensation as hereinafter prescribed is substituted therefor. Placed on salaries. Section 2. The Sheriff of the City Court of Waycross and the Superior Court of Ware County (hereinafter in this Act referred to as the sheriff) shall be paid a salary of eleven thousand five hundred ($11,500.00) dollars per annum. Sheriff. Section 3. The Clerk of the Superior Court of Ware

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County shall be paid a salary of ten thousand five hundred ($10,500.00) dollars per annum. Clerk of Superior Court. Section 4. The Ordinary of Ware County shall be paid a salary of eight thousand ($8,000.00) dollars per annum. Ordinary. Section 5. The Tax Collector of Ware County shall be paid the salary of eight thousand ($8,000.00) dollars per annum. Tax Collector. Section 6. The Tax Receiver of Ware County shall be paid a salary of six thousand dollars ($6,000.00) per annum. Tax Receiver. Section 7. Each of said salaries shall be paid in twelve (12) equal monthly installments and shall be full payment of all services rendered by said officers and said compensation shall be all-inclusive. Said salaries shall be 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 8. All fees, fines, forfeitures, commissions, costs, insolvent costs, allowances, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed said officers after the effective date of this Act, excepting said salaries accruing to each of said offices, but expressly including all emoluments and perquisites for services performed as officers of ex-officio officers of the City Court of Waycross or of any other court in said county, shall be and become the property of Ware County, Georgia, and said County is hereby subrogated to all rights, claims, and liens of said officers respectively therefor. After the effective date of this Act, when any order affecting the insolvent fund in any court of said county, or other judgment or finding, is entered or approved as to the distribution of said fund between the aforesaid officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the fee system, the same shall be entered and approved in the name of each

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respective officer for such portion of said monies as such officer is entitled to for the sole use and benefit of Ware County. The procedure now in force as to which officer shall collect the costs, fines, forfeitures, fees, emoluments or perquisites, and as to the distribution thereof, shall remain in force, but as herein provided all such monies shall be collected for the use of Ware County and shall be paid monthly into the county treasury of Ware County, as herein provided, by the officer by whom collected. Fees. Section 9. After the approval date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, insolvent costs, allowances, penalties, funds, monies and all other emoluments and perquisites accruing to their respective offices (including all offices and ex-officio offices of all other courts in said county) and belonging to said county, and shall receive and hold the same in trust for said county as public monies and county funds, and shall pay in trust for said county as public monies and county funds, and shall pay the same into the treasury of said county on or before the 15th day of each month, next following the month in which same were collected or received. At the time of each such monthly payment into the county treasury, each of said officers (As officers and ex-officio officers of all courts of said county) shall furnish the said board of commissioners of roads and revenues of said county (or other county authority having jurisdiction over roads and revenues in said county) a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury at such time. Said verified statement shall show the respective amounts of money collected and the source from which collected. Same. Section 10. The number of deputies, clerks, assistants, and other personnel that may be employed by the officers affected by this Act, the job classification of such deputies, clerks, assistants, and other personnel, and the slaries authorized to be paid such deputies, clerks, assistants,

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and other personnel in their job classification is herein expressly fixed as follows: Deputies, clerks, etc. (a) Sheriff's Office . (1) One (1) chief deputy to be paid not less than three hundred and fifty ($350) dollars nor more than four hundred ($400) dollars per month. (2) Three (3) deputies to be paid not less than two hundred and fifty ($250) dollars nor more than three hundred and fifty ($350) dollars per month. (3) Two (2) jailers to be paid not less than one hundred ($100) dollars nor more than one hundred and fifty ($150) dollars per month. (4) One (1) clerk to be paid not less than two hundred ($200) dollars nor more than two hundred and seventy-five ($275) dollars per month. (b) Clerk of the Superior Court . (1) One (1) deputy clerk to be paid not less than three hundred ($300) dollars nor more than three hundred and fifty ($350) dollars per month. (2) Three (3) assistant clerks to be paid not less than one hundred and seventy-five ($175) dollars nor more than two hundred and twenty-five ($225) dollars per month. (c) Ordinary's Office . (1) One (1) deputy clerk to be paid not less than one hundred and fifty ($150) dollars nor more than two hundred and fifty ($250) dollars per month. (d) Tax Collector's Office . (1) One (1) assistant tax collector to be paid not less than two hundred and seventy five ($275) dollars nor

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more than three hundred and twenty-five ($325) dollars per month. (2) The tax collector is authorized to hire such personnel as from time to time may be necessary for the proper and efficient operation of said collector's office. Said collector shall have at his disposal a total of one thousand ($1000) dollars from which to pay all the salaries of such personnel as are actually hired and perform work in said collector's office. The county shall make available to said collector not more than two hundred and fifty ($250) dollars per month of said one thousand ($1000) dollars for the payment of the monthly wage of all such personnel so hired. (e) Tax Receiver's Office . (1) The tax receiver is authorized to hire such personnel as may from time to time be necessary for the proper and efficient operation of said receiver's office. Said receiver shall have at his disposal a total of one thousand ($1000) dollars from which to pay all the salaries of such personnel as are actually hired and perform work in said receiver's office. The county shall make available to said receiver not more than two hundred ($200) dollars per month of said one thousand ($1000) dollars for the payment of the monthly wage of all such personnel so hired. Provided, however, the number of personnel authorized to be employed in each office's job classifications shall be increased in accordance with the recommendations of two successive grand juries. Section 11. The necessary operating expenses of each of said offices, expressly including the compensation of all personnel and employees, regular, permanent, temporary or part time, of each said office, shall be expenses of said county and shall be payable from any funds of the county available for such purposes. All supplies, material, utilities, uniforms, vehicles and equipment, and the repair, replacement, maintenance and operation

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thereof, as may be reasonably required in the sole discretion of the said board of county commissioners, or other county authority having charge of roads and revenues, by the said clerk, sheriff and ordinary in any of their said offices shall be furnished by Ware County and shall be payable from any funds of the county available for such purposes. Provided, however, the county shall furnish at least three (3) motor vehicles, properly equipped for police duty, for the sheriff's office, and the county will furnish such additional motor vehicles, properly equipped for police duty, to the Sheriff's office as may be recommended by two successive grand juries. The county shall also pay all actual necessary expenses incurred by the sheriff or members of his office, while said sheriff or member is absent from the county in the performance of any duty recognized by law as proper for a sheriff or member of his office to perform. Office expenses. Sheriff's automobiles. Section 12. The official bonds of each of said officers, and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by each respective officer, and the premiums or cost, if any, of these official bonds shall be expenses of the courts of said county and shall be paid out of any county funds available for that purpose. Bonds. Section 13. The provisions of this Act shall become effective January 1, 1965. Any officer of Ware County affected by this Act may, prior to the effective date of this Act, upon thirty (30) days written notice delivered by registered mail to the Board of County Commissioners of Ware County, elect to have his method of compensation changed from the fee to the salary system provided for by this Act beginning as of the first day of the calendar month immediately subsequent to the expiration of the thirty (30) day notice period. Any officer so electing shall not be entitled to any back salary. Effective date. Section 14. As the offices affected by this Act change from the fee system to salaried system of compensation, the board of county commissioners shall insure that a uniform system of bookkeeping and accounting is established

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for all of said offices. The board of county commissioners is hereby expressly given all the powers necessary to effectuate the responsibility placed upon it by this section. Records. Section 15. 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. Section 16. All laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 16, 1961. LOCAL GOVERNMENT COMMISSION OF CHATHAM COUNTY AND CITY OF SAVANNAH. No. 166 (House Bill No. 235). An Act to establish a Local Government Commission in Savannah and Chatham County to study the governments of Chatham County and the municipalities located therein for the purpose of improving local governments and providing greater efficiency and economy; to provide the said commission may draft a plan or plans for such improvements to the government of Chatham County and the City of Savannah and alternate plans and submit same to members of the General Assembly from Chatham County; to provide for the organization of said Commission; to provide for the powers of said Commission including the power of subpoena but not limited thereto; to provide for the publication of said plan or plans; to provide for appropriations of funds from the City of Savannah and Chatham County for the operation of the Commission;

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to provide for authority to accept donations 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. There is hereby created in Chatham County and the City of Savannah a commission to study the problems of local governments therein and in the municipalities located therein. Said Commission shall be known as the local government commission of said county, hereinafter referred to as the Commission. The Commission shall be composed of sixteen members. The Commission shall be composed of the following citizens of Chatham County: Created. (1) Edward Charnovitz (2) Ogden Doremus (3) F. Lewis Dotson (4) Ralph E. Flanders (5) A. Brodie Gammon (6) Douglas E. Harman (7) Stanley Harris (8) Emanuel Javetz (9) Dan W. Johnson (10) John Marshal Jones (11) M. J. Kicklighter (12) James E. McAleer, Jr. (13) John M. McIntosh (14) Earl Rogers (15) Edgar Terry (16) Carroll Williams. Members. Section 2. In the event one or more of the citizens appointed to serve on said Commission fails or refuses to serve, such fact shall not invalidate the acts of the Commission. The members of the Commission appointed in writing by the respective members of the General Assembly shall be sworn as members of the Commission by the Senior Judge of the Superior Court of Chatham County at the earliest date that is practical after the

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enactment of this law. If any member or members appointed to serve from Chatham County fails or refuses to serve, the remaining members of the Commission shall elect by a majority vote a citizen of said county to fill the vacancy or vacancies and said new member or members shall thereupon be sworn as the other members above. A majority of the persons serving as members of the Commission shall constitute a quorum to do business but a less number may convene 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 governments of Chatham County and the City of Savannah. The first meeting of the Commission shall be held in the Court House of Chatham County at two o'clock on the afternoon of the second Friday following the approval of this Act by the Governor. The Mayor and Board of Aldermen of the City of Savannah or the Board of Commissioners of Chatham County on application by the Commission shall provide suitable office space and meeting rooms for the Commission. Appointment, oath, meetings, etc. Section 3. It shall be the function and duty of said Commission to make a study of the governments of Chatham County and the City of Savannah and other municipalities within Chatham County and submit to the General Assembly of the State of Georgia as hereinafter provided a plan or plans for the improvements of local governments. Duties. Section 4. 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 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, to be served as subpoenas in jury trials in the superior court and anyone

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failing to answer said subpoena may be punished as by law provided in cases pending in the superior court of said county. That witnesses subpoenaed shall be sworn as witnesses in jury trials and may be examined on any question concerning the governments of the City of Savannah or Chatham County or any municipality therein. In making such studies 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, and to call upon the various departments of the county and municipalities, including the law departments, for such assistance. Said Commission may employ such special, technical and clerical assistance as may be necessary to assemble the required data and information, to analyze the same and draft the plan or plans for submission of said plan or plans to the General Assembly as hereinafter provided. The Commission is authorized to enter into a contract with persons or agencies for providing any or all of the data and information required in carrying out the purposes of the Commission. Hearings. Employees. 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 Chatham County and the Senator from the First District in the General Assembly of Georgia and with the Clerk of the Superior Court of Chatham County and with the City Clerk of the City of Savannah on the first day of the next session of the General Assembly following January 1, 1962. The Commission shall provide for the publication of a reasonable number of copies of its plan or plans for distribution. Reports. Section 6. There is hereby appropriated out of the Chatham County funds derived from sources other than taxes, the sum of seven thousand five hundred dollars and out of the funds of the City of Savannah the sum of seven thousand five hundred dollars for the purpose of carrying out the purposes of this Act, which are declared to be administrative functions of county and municipal government. Forty per centum of said amounts shall be paid over to said Commission as soon as said Commission has formally organized as herein provided and

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has made request for same. Requisitions for additional amounts up to the total amounts hereby appropriated shall be signed by the chairman and the secretary-treasurer of said Commission and shall be paid by the official in charge of county or city funds. Funds. Section 7. The Commission is authorized to accept donations in any form from any source and use the same in any way the Commission may deem advisable to effectuate the aims and purposes of the Commission. Same. Section 8. It is hereby found, determined and declared that the creation of the Commission and the carrying out of its purposes is in all respects for the benefit of the people of the City of Savannah and Chatham County and municipalities located herein and is a public purpose and the Commission will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act. Legislative declaration. Section 9. This Act, being for the welfare of the citizens of Savannah and Chatham County shall be liberally construed to effect the purposes thereof. Liberal construction. Section 10. The provisions of this Act are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Severability. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Section 12. A copy of the notice of intention to apply for this local legislation and the certificate of the publisher are attached hereto and made a part of this Bill and it is hereby declared by the authority aforesaid that all 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.

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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, Sophia Herrell, Secretary, 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, that the following: State of Georgia, Chatham County. Notice is hereby given of intention to introduce legislation at the 1961 session of the General Assembly of Georgia relative to the following matters: (a) Legislation affecting the charter of the Mayor and Aldermen of the City of Savannah with respect to its territorial boundaries. (b) Legislation affecting the Mayor and Aldermen of the City of Savannah and the Commissioners of Chatham County with respect to the creation of a commission to study the governmental functions of said City and County and to make recommendations relative thereto. (c) Legislation affecting the charter of the Mayor and Aldermen of the City of Savannah and the Commissioners of Chatham County with regard to their police forces, the consolidation of same and the creation of a metropolitan police force and a metropolitan police commission. (d) Legislation affecting the Recorder's Court of the City of Savannah, and the Recorder's Court of Chatham County, by providing for a consolidation of the same and the creating of a Savannah Metropolitan Recorders Court. (e) Legislation affecting the Civil Service System of Chatham County by providing for a referendum by the

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employees covered by such Civil Service as to whether or not said Civil Service shall be continued or discontinued. (f) Legislation affecting the salaries of the Judges of the Municipal Court of Savannah, the Clerk of the Municipal Court of Savannah, the Judge of the City Court of Savannah and the Coroner of Chatham County. (g) Other legislation affecting the charter of the Mayor and Aldermen of the City of Savannah and the Commissioners of Chatham County. (h) Legislation affecting the Metropolitan Planning Commission of the City of Savannah and the County of Chatham, relative to the terms of office of the members thereof. (i) Legislation affecting the Savannah District Authority, relative to the terms of office of the members thereof. /s/ Ralph L. Crawford Grady Dickey has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 24, 31 and January 7, 1961. /s/ Sophia Herrell Sworn to and subscribed before me, this 13th day of January, 1961. /s/ Robbie Jo Miller Notary Public, Chatham County, Ga. My Commission expires Mar. 24, 1964. (Seal). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable

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Ralph L. Crawford, 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 News-Press, Inc. which is the official organ of said county, on the following dates: Dec. 24, 31st, 1960 and Jan. 7, 1961. /s/ Ralph L. Crawford Representative, Chatham County. Sworn to and subscribed before me, this 23rd day of January, 1961. /s/ Amelia Smith Notary Public, Georgia State at Large My Commission expires Oct. 19, 1964. (Seal). Approved March 17, 1961. COMPENSATION TO SEABOARD CONSTRUCTION COMPANY. No. 6 (House Resolution No. 86-253). A Resolution. To compensate the Seaboard Construction Company; and for other purposes. Whereas, in the summer of 1957 and in preparation for the Southern Governor's Conference, it was deemed necessary by the Highway Department that certain paving in the picnic area of Jekyll Island be made; and Whereas, in September, 1957, Mr. R. G. Ray, Jr., Field Division Engineer, requested Seaboard Construction Company to perform the work and Seaboard Construction

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Company, as a matter of accommodation, accepted the request and did perform the work on a force contract; that is to say, on a cost plus ten per cent (10%). The work consisted of a sand-bituminous base with surface treatment covering the roads and stubs in the Jekyll Island parking area. Seaboard Construction Company began the work on September 15, 1957 and by working Saturdays, Sundays and overtime, completed the sand road mix base and surface treatment under adverse conditions on November 5, 1957; and Whereas, the work was supervised and inspected, and performed under the direction of Mr. E. W. Ellis of the State Highway Department; and Whereas, said work was accepted and partial payment made; and Whereas, the total cost of the job came to fourteen thousand three hundred and two dollars and ninety-nine cents ($14,302.99) and a partial payment was made of six thousand six hundred sixty-five dollars and seventy-three cents ($6,666.73), leaving an unpaid balance of seven thousand six hundred thirty-seven dollars and twenty-six cents ($7,637.26); and Whereas, Seaboard Construction Company has repeatedly requested payment of the Highway Department and the Highway Department has repeatedly taken the position that the balance should be paid, but that the Highway Department had no lawful authority for paying same; and Whereas, it appears that this is a just debt of the Highway Department and should be paid; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Seaboard Construction Company the sum of seven thousand six hundred thirty-seven dollars and twenty-six cents

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($7,637.26) as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 17, 1961. ACT PROVIDING PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS OF CITIES HAVING MORE THAN 150,000 POPULATIONAMENDED. No. 169 (Senate Bill No. 43). 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, so as to provide additional benefits; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act described in the caption hereof as amended be and the same is hereby further amended as follows: Section 1. When any person covered by the provisions of this Act shall die as a result of injuries incurred in the line of duty, the compensation to which he would have been entitled shall be continued for one year and paid to his widow or minor children, if no widow. Death benefits. Section 2. At the expiration of the one-year period referred to in the preceding paragraph, the widow of such deceased person shall be entitled to a minimum pension of $150.00 per month until she remarries or until her death. Widows pension.

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Section 3. The compensation and pension benefits for the widow provided by this Act shall terminate upon her remarriage or her death. Termination. Section 4. The compensation and pension benefits provided by this Act shall be continued to the minor child or children upon the death or remarriage of the widow until the youngest child shall have become sixteen years of age. Children. Section 5. The pension benefits provided by this Act shall be in lieu of like pension benefits provided by this Act as amended and shall not be in addition thereto except as to compensation and amount of the pension herein provided. Intent. Section 6. The provisions of this Act shall apply retroactively to July 1, 1960. Effective date. Section 7. 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. Severability. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1961. LAW LIBRARIES IN CERTAIN COUNTIES. No. 170 (House Bill No. 557). An Act to authorize the construction, establishment and maintenance of a law library and facilities in any counties in this State having a population of not less than 150,000 nor more than 175,000 according to the United States official census for 1960 or any future census, for the use of the judges, solicitors, and other officers of the courts of said counties; to provide funds for the

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establishment and maintenance of said libraries; to provide for the management of said libraries; 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 of this Act, the judge, or judges if more than one, of the superior courts of a circuit in which is located any county in this State having a population of not less than 150,000, and not more than 175,000, according to the United States official census for 1960, or any future census, shall construct, establish and maintain in any such county a law library and facilities for the use of the judges, solicitors and other officers of the courts of such county. Counties where applicable. Section 2. For the purpose of providing funds for the construction, establishment and maintenance of such libraries and facilities, there shall be charged and collected, in addition to all other legal costs, the sum of 25 cents in all civil cases where the amount sued for is $100.00 or less, and the sum of $1.00 in every other suit, action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representatives for leave to sell or reinvest, tradenames, registrations, applications for change of name and all other proceedings of civil or criminal or quasi-criminal nature, filed in any such county in the superior, county, city, municipal, ordinary and/or any other court of record and any like court by whatever name called, except recorders or police courts, and the clerks of each and every such court in any such county in which such a law library shall be established shall collect such fees and remit the same to the treasurer or other person or fiscal agent having custody of county funds in such county; provided, that this Act shall not become effective in any such county until the judge or judges of the superior courts of the circuit in which any such county is located shall have first provided, by written order entered upon the minutes of the superior court of any such county, for the establishment and maintenance of such a law library and shall have caused a certified

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copy of such minutes to be furnished to the clerks of the various courts affected by such order. 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 five officers of the court who are licensed practicing attorneys and judges in such counties, to advise and make recommendations to the court upon the construction, establishment, administration and operation of the library and facilities, 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 in any such county and a separate account of receipts and disbursements shall be kept by such officer to be used solely for the construction, establishment and maintenance of a law library and facilities in such county. Accounts. Section 5. Funds so held by the treasurer or other county official shall be disbursed upon the order of the judge or judges of the superior court. Same. Section 6. The judge or judges of the superior court shall appoint one official and such other employees as may be necessary for the operation of said library and fix the salary of such official and/or employees and such salary shall be paid from said fund upon the order of said judges. 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. Employees. Section 7. There may be advanced from the treasury of any county affected by this Act as part of the cost of

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the operation of the courts of such county, a sufficient sum for the initial cost of constructing, establishing, furnishing and equipping such library and facilities, 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 any such counties in which any such law library is established shall furnish necessary space, offices, lights, heat and water for the maintenance of such library. Utilities, etc. Section 9. Be it further enacted by the General Assembly that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 28, 1961. CITY OF LUMPKINCORPORATE LIMITS. No. 171 (House Bill No. 513). An Act to amend an Act creating a new charter for the City of Lumpkin, approved December 18, 1902 (Ga. L. 1902, p. 489), as amended by an Act approved August 14, 1909 (Ga. L. 1909, p. 1066), an Act approved August 20, 1923 (Ga. L. 1923, p. 729), and an Act approved March 7, 1960 (Ga. L. 1960, p. 2311), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Lumpkin, approved December 18, 1902 (Ga. L. 1902, p. 489), as amended by an Act approved August 14, 1909 (Ga. L. 1909, p. 1066), an Act approved August 20, 1923 (Ga. L. 1923, p. 729), and an Act approved March 7, 1960

Page 2486

(Ga. L. 1960, p. 2311), is hereby amended by adding to said Act a new section, to be known as section 2 B, which shall be inserted after section 2 A of said Act and which shall read as follows: Section 2 B. In addition to the above, the corporate limits of the City of Lumpkin, County of Stewart, shall extend to and embrace on that tract of land beginning at a point at the intersection of the north right-of-way line of State Highway No. 27 (running between Lumpkin, Georgia and Georgetown, Georgia), and the present city limit line thence west 22.8 chains, thence south 15.5 chains, more or less, to the old road bed, thence east to the present city limits and thence north along the line of the present city limits to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Richland, Georgia Feb. 4, 1961 Hon. Sam S. Singer Representative Stewart County Atlanta, Georgia Dear Sir: This is to certify that the following advertisement, Notice of Intention to Introduce Local Legislation has been published in The Stewart-Webster Journal in its issues of: Dec. 1, 8; Jan. 12, 19, 26. Notice of Intention to Introduce Local Legislation. Georgia, Stewart County. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to extend the corporate limits of Lumpkin,

Page 2487

Georgia, and for other purposes. This the 20th day of November, 1960. /s/ Sam Singer, Representative, Stewart County, Georgia. /s/ John M. Anglin, Publisher. Sworn to and subscribed before me this the third day of February, 1961. /s/ Jesse DuBose, Notary Public. (Seal). Approved March 28, 1961. DOUGHERTY COUNTYSALARY OF TAX COMMISSIONER. No. 172 (House Bill No. 500). An Act to consolidate the office of tax receiver and the office of tax collector of Dougherty County into the one office of tax commissioner of Dougherty County; to provide the term of office; to prescribe the duties; to provide for compensation; to provide for clerical assistance; to provide for certain procedure connected with the office of tax commissioner; to provide for an effective date; to repeal conflicting law; and for other purposes, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2419), as amended by an Act approved March 14, 1955 (Ga. L. 1955, p. 2618), so as to change the salary of the tax commissioner of Dougherty County, Georgia, and so as to provide for the salary and compensation of the tax commissioner, whether received by him as tax commissioner or as agent for the sale of automobile license tags; to repeal conflicting laws; and for other purposes.

Page 2488

Be it enacted by the General Assembly of Georgia: Section 1. Section 1 of an Act entitled An Act to consolidate the office of tax receiver and the office of tax commissioner of Dougherty County; to provide the terms of office; to prescribe the duties; to provide for compensation; to provide for clerical assistance; to provide for certain procedure connected with the office of tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2419), as amended by an Act approved March 14, 1955 (Ga. L. 1955, p. 2618), is hereby amended by striking said section 1 in its entirety and in lieu thereof inserting the following: Section 1. Effective January 1, 1957, the office of tax receiver and the office of tax collector of Dougherty County are hereby consolidated into the one office of tax commissioner of Dougherty County. The rights, duties and liabilities of said tax commissioner shall be the same as those heretofore incumbent upon the tax receiver and tax collector. All laws applicable to tax receivers and tax collectors shall be of full force and effect relating to the tax commissioner insofar as the same are applicable. The compensation of the tax commissioner shall be nine thousand five hundred dollars ($9,500.00) per annum to be paid in equal monthly installments from the general funds of Dougherty County. All fees, costs and commissions now or hereafter allowed by law to tax receivers, tax collectors and tax commissioners for receiving and collecting taxes, or as agent for the sale of automobile license tags, or performing any other duty required of him by law shall be collected by the said tax commissioner, and all such funds so collected shall be paid into the general funds of Dougherty 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 1961 session of the General Assembly of Georgia a

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Bill to be entitled an Act to amend an Act entitled An Act to consolidate the office of tax receiver and the office of tax collector of Dougherty County into the one office of tax commissioner of Dougherty County; to provide the term of office; to prescribe the duties; to provide for compensation; to provide for clerical assistance; to provide for certain procedure connected with the office of tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2419), as amended by an Act approved March 14, 1955 (Ga. L. 1955, p. 2618), so as to change the salary of the tax commissioner of Dougherty County, Georgia, and so as to provide for the salary and compensation of the tax commissioner, whether received by him as tax commissioner or as agent for the sale of automobile license tags; to repeal conflicting laws; and for other purposes. This 18th day of January, 1961. /s/ Colquitt H. Odom, Representative, Dougherty County. Jan. 19, 26, Feb. 2, 1961. Affidavit. Georgia, Dougherty County. Personally appeared before the undersigned officer, who is duly authorized to administer oaths, Colquitt H. Odom, who, on oath, deposes and says that he is a Representative of Dougherty County in the General Assembly of Georgia, and that he is the author 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 Dougherty County, on the following dates: January 19, 26, February 2, 1961. /s/ Colquitt H. Odom, Representative, Dougherty County.

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Sworn to and subscribed before me this 15th day of February, 1961. /s/ George D. Busbee, Notary Public, Dougherty County, Georgia. (Seal). Approved March 28, 1961. CITY OF MORROWCHARTER AMENDED. No. 173 (House Bill No. 566). An Act to amend an Act approved March 2, 1943, incorporating the City of Morrow (now City of Morrow) Georgia Laws of 1943, page 1453 and 1457 and acts amendatory thereof: to provide for mayor and councilmen of said city; to prescribe their duties and powers and terms of office and the manner of elections; to provide for the government of said city; to authorize said government to contract for any and all services; to employ policemen; to open and close public streets, sidewalks and other avenues of travel; to provide for the hours of all elections held in the city; to provide for the registration of voters and the hours therefore; to provide for the safekeeping of ballots after consolidation and disposition thereof; to provide for the recorder's court; to provide for the repeal of all laws that are in conflict with the charter and the several acts amendatory to the charter; 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. Government to Consist of Mayor and Council . Section 12 of an act approved on March 4, 1955 at pages 2784-2785-2786 is hereby amended by striking this section in its entirety and substituting thereof the following language so that said Section shall read as follows:

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The municipal government of the City of Morrow, Georgia, and its corporate powers shall be vested in and exercised by a mayor and three (3) councilmen from the city as now laid out or as may be hereafter constituted, including any new territory that may be hereinafter added and said mayor and council, as a body, shall be known as city council and they shall hold office as hereinafter provided. The mayor and council provided for in this Act shall be elected at the next annual election to be held on the first Saturday in December, 1961 and shall take office on January 1, 1962. The term of office of the said mayor shall be for two (2) years, or until his successor is elected and qualified except that nothing herein shall change the term of office presently being served by the mayor in office. Three (3) councilmen shall be elected from the city at large. The councilmen's term shall be staggered so that not more than two (2) expire in any one year. The terms of office of the incumbent council shall not be changed and they shall serve until their successors are qualified and each councilman elected and qualified thereafter shall serve for a full term of three (3) years. Each councilman and the mayor at the time of his election must have been a resident of the City of Morrow for at least one year. The mayor and councilmen shall be elected by the entire majority vote of the city. In the event that the office of said mayor, or either of said councilmen shall become vacant by death, removal, resignation or otherwise, the city council shall by resolution order an election to fill said vacancy and shall give at least ten (10) days notice thereof in the newspaper in Clayton County, designated for sheriff's legal notices and the election so held shall be in the same manner as ordinary municipal elections provided, however, that if any of said offices shall become vacant at any time within three (3) months of the expiration of the term of office of said city councilmen or mayor the council shall have the right and power to fill said office for the remainder of the term by selection by the remaining councilmen and mayor without submitting the same to the voters of the city. Section 2. Contracts with any Person, Agency, Political

Page 2492

Subdivision Corporation or Other Legal Entity . The City of Morrow is hereby authorized to enter into contracts with any person, agency, political subdivision, corporation or other legal entity to provide services that in their best judgment is deemed necessary for the good and welfare of the citizens of the city. This is to include but not be limited to contracts for police protection, sanitary services, issuance of building permits, inspection of buildings, street, road, sidewalk and other improvements or avenues of travel and any and all other services that in their judgment will benefit the health, welfare and education of the citizens of the city. These services of contract will be paid out of the general treasury of the city. Section 3. Opening and Closing of Public Roads and Avenues of Travel . Be it further enacted that the governing body of the City of Morrow, Georgia, is hereby vested with the authority to open and close roads, streets, public roads, sidewalks and other avenues of travel other than State and Federal highways, in the city limits after determining that it is to the best interest of the public, provided the same are within the municipal boundaries of the city. Before any issuing of an official order for the closing of any street, road, sidewalk or other avenue of travel, the city officials shall cause signs to be posted in conspicuous places along said avenue of travel for a period of fifteen (15) days and shall further notify all abutting property owners of their intentions by registered mail setting forth their intentions, the date and hour that a public hearing will be held to determine whether or not said road, public road, street, sidewalk or other public avenue of travel serves the public as a useful instrumentality. Upon petition in writing by any citizen of the City of Morrow or upon the governing bodies own motion seeking to close a public avenue of travel as described above the mayor shall within ten (10) days cause a commission of three (3) property owners in the City of Morrow to be appointed to hold the public hearing herein before set out and shall further cause the advertisement herein before set out to be accomplished. The petition shall have a plat of the avenue of travel attached to the petition with all of the

Page 2493

adjacent or abutting property owner's names set out thereon with their correct addresses. The commissioners will on the day designated by the governing body hold said public hearing and make their recommendations in writing, within five (5) days, as to whether or not the avenue of travel should or should not be closed. Said report to be made to the governing body and their recommendations shall be based solely on whether or not the avenue of travel serves as a useful public instrumentality. The mayor and council at the next regular or special council meeting, after the recommendations have been received, at which there is a quorum present make a final decision and enter an order provided said public avenue of travel is closed by them. Section 4. Disposition of Ballots and Returns . Be it further enacted that the charter of the City of Morrow is hereby further amended as follows: By striking in each and every place that it appears in said charter and especially the last sentence on page 2481 of the Georgia Laws of 1952 the following words, said managers shall make returns of elections to the mayor and council and deliver all election papers and ballots to them, who shall destroy the same within thirty (30) days after said election, if no contest be filed, and inserting in lieu thereof in each and every place in the charter setting forth disposition of the returns of an election as follows: said managers shall make returns of the elections to the mayor and council and deliver all election papers and ballots to them. The mayor and council shall destroy or cause to be destroyed these returns sixty (60) days after each election, if no contest be filed by burning all the papers. Section 5. Recorder's Court, Authority to Establish Maximum Punishment, Appeal, Certiorari . Be it further enacted that the mayor and council of said city shall have the right to establish a recorder's court in said City of Morrow for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, the punishment inflicted not to exceed a fine two hundred fifty ($250.00) dollars or in default of payment of said

Page 2494

fine, and the cost, by labor on the streets of said city not to exceed ninety (90) days or confinement in a common jail not to exceed sixty (60) days. There shall be no right of appeal of judgment of said court, but the right of certiorari shall exist in all criminal cases from the judgment of such court. Said certiorari shall be obtained in the same manner as a writ of certiorari is obtained from a judgment of the justice of the peace. No person shall be released in custody unless he has first given written notice of his intentions to apply for a writ of certiorari and has also given a good and sufficient bond and security to be affixed and approved by the recorder of said court, for his appearance to carry out and perform the sentence or judgment complained of in the event the same is finally affirmed, and said bond is to be in the form of other supersedeas bond in criminal cases. The governing body shall have the right to affix the salary of the recorder and he shall be elected annually on the date prescribed by the mayor and council. He shall be paid out of the city treasury for his services. Section 6. Be it further enacted that all laws and parts of laws in conflict with this Act are expressly repealed. Georgia, Clayton County. Personally appeared before me, the undersigned, a notary public, came John R. McCannon, author of the attached bill, who after being first duly sworn, says that the notice attached hereto has been published in the newspaper in which sheriff's advertisement for the locality is effected or published, once a week for three weeks, during the period of sixty (60) days immediately preceding its introduction into the General Assembly, as is required by Article 3, Section 7, Paragraph 15 of the Constitution of the State of Georgia: The following is a printed copy of the published notice: Notice is Hereby Given of Intention to Apply for Local Legislation. Notice is hereby given that the City of Morrow will apply

Page 2495

to the session of the General Assembly of Georgia convening in January, 1961 for passage of local legislation to amend an act entitled, An Act to Create and Incorporate the City of Morrow in Clayton County, Georgia, as amended; to prescribe its limits; to provide for the proposed changes in the city limits; to provide for mayor and councilmen of said town; to prescribe their duties and powers and terms of office and the manner of their elections; to provide for the government of said town; to authorize said government to contract for any and all services that they may need or see fit to provide; to employ policemen; to provide for the city government to open and close public streets, sidewalks and other public ways; to provide for the hours of all elections held in the city; to provide for governing body to call elections for a referendum in any and all proposed changes in the city limits; to provide for the registration of voters and the hours therefor; to provide for the safekeeping of ballots after consolidation and disposition thereof; to provide for a recorder's court; to provide for the repeal of all laws that are in conflict with the Charter and the several acts amendatory to the Charter and for other purposes. /s/ J. E. Matthews, Jr., Mayor, City of Morrow. /s/ John R. McCannon. Sworn to and subscribed before me this the 18th day of February, 1961. /s/ Marion L. Hodges, Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1962. (Seal). State of Georgia, County of Clayton. Publisher's Affidavit. Before me, the undersigned, a notary public, this day personally came M. F. Lee, who, being first duly sworn, according to law, says that she is the assistant publisher

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and editor of the Forest Park Free Press and Clayton County News and Farmer, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication of which the annexed is a true copy, was published in said paper on the 11th day of January, 1961 and once a week thereafter for two weeks as provided by law. Notice is Hereby Given of Intention to Apply for Local Legislation. Notice is hereby given that the City of Morrow will apply to the session of the General Assembly of Georgia convening in January, 1961 for passage of local legislation to amend an act entitled, An Act to Create and Incorporate the City of Morrow in Clayton County, Georgia, as amended; to prescribe its limits; to provide for the proposed changes in the city limits; to provide for mayor and councilmen of said town; to prescribe their duties and powers and terms of office and the manner of their elections; to provide for the government of said town; to authorize said government to contract for any and all services that they may need or see fit to provide; to employ policemen; to provide for the city government to open and close public streets, sidewalks and other public ways; to provide for the hours of all elections held in the city; to provide for the governing body to call elections for a referendum in any and all proposed changes in the city limits; to provide for the registration of voters and the hours therefor; to provide for the safekeeping of ballots after consolidation and disposition thereof; to provide for a recorder's court; to provide for the repeal of all laws that are in conflict with the Charter and the several acts amendatory to the Charter and for other purposes. /s/ J. E. Matthews, Jr., Mayor, City of Morrow. This the 18th day of February, 1961. /s/ M. F. Lee, Asstistant Publisher and Editor.

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Sworn to and subscribed before me this 18th day of February, 1961. /s/ Marion L. Hodges, Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1962. (Seal). Approved March 28, 1961. TOWN OF MENLOCHARTER AMENDED. No. 174 (House Bill No. 563). An Act to amend an Act entitled An Act to incorporate the Town of Menlo, in the County of Chattooga; to define its limits, etc., approved August 11, 1903 (Ga. L. 1903, p. 588), and Acts amendatory thereof, so as to extend and alter the terms of office of the mayor, recorder and councilmen; to provide for a change in the time for holding elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. An Act incorporating the Town of Menlo, approved August 11, 1903, (Ga. L. 1903, p. 588), as amended by an Act approved March 12, 1941 (Ga. L. 1941, p. 1671) is hereby amended by adding thereto a new section, section 1-A as follows: Section 1-A. The successors of the mayor, recorder and councilmen whose terms of office will expire on the first Tuesday in February 1962 shall be elected as follows: The mayor, recorder and councilmen holding positions to be designated by the mayor and council as number one (1) and two (2) for terms of office that will expire on December 31, 1963 and their successors shall

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be elected for terms of two years thereafter; those councilmen holding positions to be designated as numbers three (3), four (4) and five (5) for terms of office that will expire on December 31, 1962 and their successors shall be elected for terms of two years thereafter. Hereafter the annual election of such officers of said Town of Menlo shall be held on the first Saturday in December, at such place in the town, and under such supervision, rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe. Elections of mayor, council and recorder. Section 2. Be it enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Section 3. A copy of the notice of intention to apply for this local legislation and the certificate of the publisher are attached hereto and made a part of this Bill and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution of the State 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, Chattooga County. Before me the undersigned officer authorized to administer oaths personally appeared D. T. Espy, who on oath says that he is editor and publisher of the Summerville News, being of general circulation and being the newspaper in which the sheriff's advertisements of Chattooga County, Georgia, are published, and 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 Summerville News once a week for three weeks as required by law;

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Said dates of publication being January 19, 1961, January 26, 1961 and February 2, 1961. /s/ D. T. Espy, Editor and Publisher The Summerville News. Sworn to and subscribed before me, this 7th day of February, 1961. /s/ Robert Edward Surles, Notary Public, Chattooga County, Georgia. My Commission Expires March 6, 1961. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned, in response to a request by the mayor and council of the Town of Menlo, Georgia, intend to apply to the General Assembly of Georgia at the 1961 session thereof for the passage of a bill to amend the charter of the Town of Menlo, as enacted by Georgia Laws 1903, page 588 et seq., as amended, which bill will have the effect of changing the terms of the Mayor and members of the Council and the date of elections therefor. This 16th day of January, 1961. /s/ Joseph E. Loggins, /s/ James H. Floyd, Representatives from Chattooga County in the General Assembly of Georgia. Approved March 28, 1961.

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CITY OF OCILLACHARTER AMENDED. No. 175 (House Bill No. 551). An Act to amend an Act of the General Assembly of Georgia, approved December 18, 1902, entitled An Act to incorporate the City of Ocilla, Irwin County, Georgia, and for other purposes, and the Acts amendatory thereto, and for other purposes, so as to authorize and empower said City of Ocilla, Georgia, through its governing authorities, to combine said city's water system with any gas system hereafter acquired by said city, including a gas system for the purchase, distribution, disposition and sale of gas for public and private uses, together with all necessary appurtenances thereto, to operate, maintain, repair, extend and improve such water system and such gas system as a combined system and to pledge the revenue produced by such combines system to the payment of the principal of and interest on any revenue bonds issued by such city for the purpose of acquiring such gas system and to any reserve and sinking funds provided in connection therewith, including reserves for additions, improvements, extensions, repairs and replacements to such combined system; to provide that the power and authority granted by such Act shall be exercised by the mayor and council of the City of Ocilla by resolution or resolutions which may be adopted at a regular or special meeting by a majority of the members of such governing body and unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted; 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 in addition to the powers and authority which the City of Ocilla, Georgia, now has, said City of Ocilla, Georgia, through its governing authorities is

Page 2501

hereby authorized and empowered to combine said city's water system with any gas system hereafter acquired by said city, including a gas system for the purchase, distribution, disposition and sale of gas for public and private uses, together with all necessary appurtenances thereto; to operate, maintain, repair, extend and improve such water system and such gas system as a combined system and to pledge the revenues produced by such combined system to the payment of the principal of and interest on any revenue bonds issued by such city for the purpose of acquiring such gas system and to any reserve and sinking funds provided in connection therewith, including reserves for additions, improvements, extensions, repairs and replacements to such combined system. Gas system. Section 2. Be it further enacted by the authority aforesaid that the power and authority granted in this Act shall be exercised by the mayor and council of the City of Ocilla by resolution or resolutions which may be adopted at a regular or special meeting by a majority of the members of such governing body and, unless otherwise provided, therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. Resolutions. 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 hereby are repealed. Georgia, Irwin County. Personally appeared before the undersigned officer duly authorized by law to administer oaths, W. S. Bradford, Jr. and Julian Connell, who first being duly sworn depose and on oath say, that they are the publishers of the Ocilla Star, a public newspaper published weekly in the City of Ocilla, Georgia, of general circulation and being the official organ of Irwin County, Georgia, and that the following notice has been published, to-wit: Georgia, Irwin County. Notice is hereby given that a bill will be introduced in

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the current regular 1961 session of the General Assembly of Georgia for the following purposes: `An Act to amend an Act of the General Assembly of Georgia, approved December 18, 1902, entitled `An Act to incorporate the City of Ocilla, Irwin County, Georgia, and for other purposes', and the Acts amendatory thereto, and for other purposes, so as to authorize and empower said City of Ocilla, Georgia, through its governing authorities, to combine said city's water system with any gas system hereafter acquired by said city, including a gas system for the purchase, distribution, disposition and sale of gas for public and private uses, together with all necessary appurtenances thereto, to operate, maintain, repair, extend and improve such water system and such gas system as a combined system and to pledge the revenues produced by such combined system to the payment of the principal of and interest on any revenue bonds issued by such city for the purpose of acquiring such gas system and to any reserve and sinking funds provided in connection therewith, including reserves for additions, improvements, extensions, repairs and replacements to such combined system: to provide that the power and authority granted by such Act shall be exercised by the mayor and council of the City of Ocilla by resolution or resolutions which may be adopted at a regular or special meeting by a majority of the members of such governing body and, unless otherwise provided therein, such resoution or resolutions shall take effect immediately and need not be laid over or published or posted; and for other purposes. /s/ Joseph P. Crouch, City Clerk; Said notice being published in the said Ocilla Star once a week in the regular issues of January 19, 1961, January 26, 1961 and February 2, 1961. /s/ W. S. Bradford, Jr. /s/ Julian Connell.

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Sworn to and subscribed before me, this 17th day of February, 1961. /s/ Murphey Rogers, Notary Public, Irwin Co., Ga. My Commission Expires 12-5-62. (Seal). Approved March 28, 1961. CITY OF FOREST PARKCHARTER AMENDED. No. 176 (House Bill No. 565). An Act to amend an Act approved February 14, 1908, incorporating the Town of Forest Park (now City of Forest Park) Georgia Laws of 1908, at pages 685-688, and Acts amendatory thereof: to provide for seven (7) councilmen; to provide for the hours of all city elections in opening and closing the polling places; to provide for the safekeeping of election returns, the method and time of destroying said returns; to provide for the closing of public roads and other avenues of travel with a method for so doing; to provide for enforcement of ordinances, with punitive powers; to provide for salaries of mayor and councilmen, minimum; 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: Government to Consist of Mayor and of Council . Section 1. An Act approved August 14, 1908, incorporating the City of Forest Park, and Acts amendatory thereof, if hereby amended as follows: By striking each and every place there appear the words, that the municipal government of said city shall consist of a mayor and five (5) councilmen, and inserting in lieu thereof in each and every place that it may appear the words that

Page 2504

the municipal government of said city shall consist of a mayor and seven (7) councilmen. Opening and Closing of Public Roads and Avenues of Travel . Section 2. Be it further enacted that the governing body of the City of Forest Park, Georgia, is hereby vested with the authority to open and close roads, streets, public roads, sidewalks and other avenues of travel other than State and Federal highways, in the city limits after determining that it is to the best interest of the public, provided the same are within the municipal boundaries of the city. Before any issuing of an official order for the closing of any street, road, sidewalk or other avenue of travel, the city officials shall cause signs to be posted in conspicuous places along said avenue of travel for a period of fifteen (15) days and shall further notify all abutting property owners of their intentions by registered mail setting forth their intentions, the date and hour that a public hearing will be held to determine whether or not said road, public road, street, sidewalk or other public avenue of travel serves the public as a useful instrumentality. Upon petition in writing by any citizen of the City of Forest Park or upon the governing bodies own motion seeking to close a public avenue of travel as described above the mayor shall within ten (10) days cause a commission of three (3) property owners in the City of Forest Park to be appointed to hold the public hearing herein before set out and shall further cause the advertisement as herein before set out to be accomplished. The petition shall have a plat of the avenue of travel attached to the petition with all of the adjacent or abutting property owner's names set out thereon with their correct addresses. The commissioners will on the day designated by the governing body hold said public hearing and make their recommendations in writing, within five (5) days, as to whether or not the avenue of travel should or should not be closed. Said report to be made to the governing body and their recommendations shall be based solely on whether or not the avenue of travel serves

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as a useful public instrumentality. The mayor and council at the next regular or special council meeting, after the recommendations have been received, at which there is a quorum present make a final decision and enter an order provided said public avenue of travel is closed by them. Hours of Voting . Section 3. Be it further enacted that the charter of the City of Forest Park is further amended as follows: By striking in each and every phase that it appears in the charter as amended and particularly the Acts of 1959, page 3076-3077, that the polls of the City of Forest Park shall be open for municipal elections at 6:00 a. m., and closed at 7:00 p. m., and inserting in lieu thereof in each and every place that it may appear the words, that the polls of the City of Forest Park shall be open for municipal elections of any and all description and nature, whether regular or special, at 7:00 a. m., and closed at 7:00 p. m. Disposition of Ballots and Returns . Section 4. Be it further enacted that the charter of the City of Forest Park is hereby further amended as follows: By striking in each and every place that it appears in said charter and especially the last sentence on page 2481 of the Georgia Laws of 1952 the following words, said managers shall make returns of elections to the mayor and council and deliver all election papers and ballots to them, who shall destroy the same within thirty (30) days after said election, if no contest be filed, and inserting in lieu thereof in each and every place in the charter setting forth disposition of the returns of an election as follows: said managers shall make returns of the elections to the mayor and council and deliver all election papers and ballots to them. The mayor and council shall destroy or cause to be destroyed these returns sixty (60) days after each election, if no contest be filed by burning all the papers.

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Recorder's Court and Punishment of Violators of Ordinances . Section 5. Be it further enacted by the authority aforesaid, that the mayor and council of said City of Forest Park shall have the right to establish a recorder's court in said city for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, the punishment inflicted not to exceed a fine of five hundred ($500.00) dollars, or in default of payment of said fine, and the cost, by labor on the streets of said city not to exceed ninety (90) days or confinement in the common jail of said city not to exceed ninety (90) days. There shall be no right of appeal from the judgment of such court, but the right of certiorari shall exist in all criminal cases from the judgment of such court. Said certiorari shall be obtained in the same manners as the writ of certiorari is obtained from a judgment of the justice of the peace. No person shall be released from custody unless he has first given written notice of his intention to apply for the writ of certiorari and has also given a good and sufficient bond and security to be fixed and approved by the recorder of said court, for his appearance to carry out and perform the sentence or judgment complained of in the event the same is finally affirmed, said bond is to be in the form of other supersedeas bonds in criminal cases. Salaries of Mayor and Council . Section 6. The salary for the mayor and members of the council shall be set (or the same will remain the same) in November or December of each year by the said governing body before newly elected members take office; said salary to be for the next ensuing year and which shall not be increased during the year for which it was set. The salaries shall be set not less than five hundred ($500.00) dollars per annum for councilmen and not less than seven hundred fifty ($750.00) dollars per annum for the mayor. The present mayor and council shall have the right to set the amount of salary to be received by the governing authority of said city during

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the year of 1962 and may prescribe the manner and time of payment. Section IV, Ga. L. 1958, p. 3405-3406, is hereby expressely repealed. Section 7. 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 effect, impair or invalidate the remainder of this Act. Severability. Section 8. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. State of Georgia, County of Clayton. Publisher's Affidavit. Before me, the undersigned, a notary public, this day personally came M. F. Lee, who, being first duly sworn, according to law, says that she is the assistant publisher and editor of the Forest Park Fee Press and Clayton County News and Farmers, 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 4th day of January, 1961 and once a week thereafter for two weeks as provided by law. Notice is Hereby Given 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, 1961, 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 mayor and council of said town and prescribe their duties and powers and the manner of their elections; to provide for the government of said town; to provide for the city government to open and close public roads, sidewalks and

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other public and private ways; to provide that the polls at all city elections will open at 7:00 a. m. and close at 7:00 p.m.; to provide that the governing body may call elections for a referendum in any and all proposed changes in the city limits and provide for a mayor and seven (7) councilmen in the City of Forest Park; to provide for the registration of voters and the hours therefore; to provide for the safekeeping of the ballots after consolidation and the disposition thereof; to provide for the repeal of all laws that are in conflict with the charter and the several acts amendatory to this charter; and for other purposes. /s/ W. Reid Puckett, Mayor, City of Forest Park. /s/ John R. McCannon. This the 18th day of February, 1961. /s/ M. F. Lee, Assistant Publisher and Editor. Sworn to and subscribed before me, this 18th day of February, 1961. /s/ Marion L. Hodges, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1962. (Seal). Georgia, Clayton County. Personally appeared before me, the undersigned, a notary public, came John M. McCannon, author of the attached bill, who after being first duly sworn, says that the notice attached hereto has been published in the newspaper in which sheriff's advertisement for the locality is effected or published, once a week for three weeks, during the period of sixty (60) days immediately preceding its introduction into the General Assembly, as

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is required by Article 3, Section 7, Paragraph 15 of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice is Hereby Given 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, 1961, 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 mayor and council of said town and prescribe their duties and powers and the manner of their elections; to provide for the government of said town; to provide for the city government to open and close public roads, sidewalks and other public and private ways; to provide that the polls at all city elections will open at 7:00 a. m. and close at 7:00 p.m.; to provide that the governing body may call elections for a referendum in any and all proposed changes in the city limits and provide for a mayor and seven (7) councilmen in the City of Forest Park; to provide for the registration of voters and the hours therefore; to provide for the safekeeping of the ballots after consolidation and the disposition thereof; to provide for the repeal of all laws that are in conflict with the Charter and the several Acts amendatory to this Charter; and for other purposes. /s/ W. Reid Puckett, Mayor, City of Forest Park. /s/ John R. McCannon. Sworn to and subscribed before me, this the 18th day of February, 1961. /s/ Marion L. Hodges, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1962. (Seal). Approved March 28, 1961.

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ACT PROVIDING PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS OF CITIES HAVING MORE THAN 150,000 POPULATIONAMENDED. No. 178 (Senate Bill No. 75). An Act to amend the Act to provide pensions to members of police departments in cities in the State of Georgia having a population of 150,000 or more, according to the last census of the United States (Census 1930), said Act approved February 15, 1933 (Ga. L. 1933, pp. 213-222, both inclusive), as amended, so as to provide additional pension payments for all former officers and members who retired prior to March 8, 1945, and for a continuation of such pension benefits to their widows; 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 caption hereof, as amended, be further amended by adding thereto the following provisions: Section 1. Pension payments due all former officers and employees who retired prior to March 8, 1945 and their widows, and who were awarded a pension under the provisions of this Act as amended prior to March 8, 1945, shall be recomputed under the terms and provisions of the amendment to said Act approved March 8, 1945 (Ga. L. 1945, pp. 1067 et seq.). It is the intention of this amendment to increase the pension payments of all such persons and to pay minimum pension benefits to them as provided in this Act. It is not the purpose of this amendment to reduce any pension benefits which would accrue under subsequent amendments to this Act. Pensions where officer retired prior to March 8, 1945. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1961.

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DOUGLAS COUNTYCORONER PLACED ON SALARY. No. 179 (Senate Bill No. 126). An Act to place the coroner of Douglas County on a monthly salary in lieu of the fee system of compensation; the employment of certain clerical help; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In lieu of all fees, costs, perquisites, and emoluments of whatever kind and nature now or hereafter allowed by law to coroners for service as such, the coroner of Douglas County is hereby placed on a salary of twenty-five ($25.00) dollars per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. CITY OF ROSWELLCORPORATE LIMITS. No. 180 (Senate Bill No. 68). An Act to amend an Act establishing a new charter for the City of Roswell, approved February 9, 1950, (Ga. L. 1950, p. 2178), as amended, particularly by an Act approved March 4, 1955, (Ga. L. 1955, p. 2639) and an Act approved March 7, 1957, (Ga. L. 1957, p. 2663), 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 establishing a new charter for the City of Roswell, approved February 9, 1950, (Ga. L.

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1950, p. 2178), as amended, particularly by an Act approved March 4, 1955, (Ga. L. 1955, p. 2639) and an Act approved March 7, 1957, (Ga. L. 1957, p. 2663) is amended by striking there from section 2 in its entirety and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the City of Roswell are defined to be: Beginning at the southeast corner where Vickery Creek enters the Chattahoochee River and running north along Vickery Creek, making said creek the boundary line, to the mouth of Oxbo Creek, thence north along Oxbo Creek to a point 634 feet north of the south line of land lot no. 425, thence east a distance of 1749 feet to an iron pin on the west side of Oxbo Road right-of-way, thence in a northeasterly direction along the west side of said Oxbo Road 2405 feet to a point, said point being 117 feet east of the northwest corner of land lot no. 489, thence west along the north lines of land lots 464 and 451, 2333 feet to Oxbo Creek, thence in a northeasterly direction along said creek to where old Cobb County, now Fulton County line crosses said creek, thence west along the line of old Cobb County, now Fulton and old Milton County, now Fulton to Canton Road, thence west along the old Cobb County line to the center of Mountain Park Road, thence in a northwesterly direction along said Mountain Park Road 625 feet to the center of North Coleman Road, thence west along the center of North Coleman Road 1404 feet to the west line of land lot no. 370, thence south along the west lines of land lots 370, 371 and 372 of the first district, second section, Fulton County, Georgia, to the southwest corner of land lot 372, thence southeasterly along the center line of Pine Grove Road to the west line of land lot 386, thence south along the west line of land lots nos. 386, 385 and 384 and the west line of land lot 383 to the center of Marietta Road, also known as Marietta Street, also known as State Highway No. 120, thence southwesterly along the center of Marietta Road 480 feet to a point at the intersection

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of the center of Marietta Road and the center of Spring Drive if the center of Spring Drive were extended to intersect the center of Marietta Road, thence south along the center of Spring Drive 859 feet to a point, thence east at an inside angle of 86 degrees 40 minutes to the aforementioned line 235 feet to a concrete monument, thence south at an outside angle of 273 degrees 20 minutes to the aforementioned line 200 feet to a concrete monument, thence southeasterly at an inside angle of 161 degrees 40 minutes to the aforementioned line 517.5 feet to a concrete monument, thence southerly at an outside angle of 195 degrees to the aforementioned line 100 feet to a concrete monument, thence southwesterly at an outside angle of 190 degrees to the aforementioned line 407 feet to a concrete monument, thence south at an inside angle of 168 degrees 28 minutes to the aforementioned line 490.8 feet to the south line of land lot no. 377 and the center of formerly Chattahoochee Avenue, now Hillcrest Avenue, thence west along the south line of land lot no. 377 and along the north line of land lot 341 to the north side of Riverside Drive, thence southeasterly along the north side of Riverside Drive to the west line of land lot 379, thence in an easterly direction along the north side of Riverside Drive to the east line of land lot 379, thence in a northerly direction along the east line of land lot no. 379 a distance of 460 feet to the southwest corner of land lot no. 381, thence east along the south lines of land lots nos. 381, 418 and 420 to a point where the south line of land lot no. 420 intersects the north side of the Chattahoochee River; thence in an eastern direction along the northern bank of said river to the starting point at the mouth of Vickery Creek. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961.

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JACKSON COUNTYEXPENSES OF SHERIFF'S OFFICE. No. 182 (Senate Bill No. 159). An Act to provide that the governing authority of Jackson County shall furnish certain necessary expenses for operating the sheriff's office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Jackson County shall furnish to the sheriff's office of said county the necessary transportation for use by him and his deputies in the discharge of their official duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. EMERITUS OFFICERS IN CERTAIN COUNTY SCHOOL SYSTEMS AUTHORIZED. No. 187 (Senate Bill No. 144). An Act authorizing county boards of education of counties having a population of more than 500,000, according to the last or any future federal decennial census, to create by appropriate resolution emeritus offices for retired heads of departments of the public school system of such counties; to fix the terms and conditions on which such heads of departments may qualify; to fix the salaries to be paid to such emeritus officers; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia and it is hereby enacted by authority of the same as follows: Section 1. That this bill shall have application to all counties in the State of Georgia having a population of more than 500,000, according to the last or any future federal decennial census. Counties where applicable. Section 2. The boards of education of all such counties shall have the power and authority to create by appropriate resolution emeritus offices for retired heads of departments of the public school system of said county, subject to the conditions hereinafter set forth. Emeritus officers. Section 3. The salaries to be paid to such emeritus officers shall not exceed the sum of $3600.00 per year, which sum may be divided into monthly, semi-monthly or by-weekly payments and shall be in addition to any pension or other retirement benefits which such retired department head may be entitled to receive. Salaries. Section 4. Such department heads emeritus shall serve the boards of education of such county in an advisory capacity when requested to do so by any succeeding active department head or by the board of education of such county. Duties. Section 5. This Act shall be applicable to department heads who retired during the year immediately preceding the passage of this Act and to such heads of departments who may retire in the future from active service under any retirement or pension plan in force and applicable to the board of education of such county and who shall have reached the age of sixty-five years at the time of such retirement and who shall have been in active service in the county for twenty-five years, eight of which shall have been served as a department head. The term of office shall be the remainder of their lives or until they resign from the emeritus office. Effective date.

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Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1961. CITY OF HAPEVILLECHARTER AMENDED. No. 190 (Senate Bill No. 45). An Act to amend an Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several acts amendatory thereof, so as to provide for an assistant city recorder and recorders pro hac vice; to provide that city employees classified as department heads shall not be excluded from the pension and retirement program; to provide for partial or complete financing of a group insurance program for certain city employees; 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 approved September 16, 1891, entitled An Act to Incorporate the City of Hapeville, Georgia, and for other purposes, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisement for the localities are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisements for Fulton County are published, once a week for three (3) weeks during a period of sixty (60) days, immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this Bill is a copy of said notice accompanied by an affidavit of the publisher to the effect that said notice has been published as provided by law. Advertisement.

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Section 2. The said charter is hereby amended with respect to section 15 thereof as it is now designated in the official codification of the city charter and general ordinances of the City of Hapeville by striking the words by ordinance and substituting in lieu thereof the words by appropriate action so that the said portion of said charter as amended shall read as follows: Said mayor and council shall have power by appropriate action to appropriate money for the relief of the poor and for charitable purposes as they may deem proper. Care of poor. Section 3. That the said charter of the City of Hapeville be further amended by striking that portion now designated as section 48 in the present codification of the city charter and ordinances of the City of Hapeville which provides that the mayor or in his absence any member of council shall have the power to hold a mayor's court for the trial of defendants against the laws and ordinances of said city, and substituting in lieu thereof the following: The mayor and council by appropriate ordinance shall have the power and authority to designate an assistant city recorder and to provide for recorders pro hac vice to serve in the absence or disability of the city recorder, and to provide such salary and/or remuneration as they deem appropriate. Recorders. Section 4. That section 78 of said charter of the City of Hapeville as designated in the official codification of the charter and general ordinances of the City of Hapeville be amended by adding thereto the following subparagraph, for purposes of clarification to read as follows: (c) Nothing herein shall be construed as intending to exclude the persons occupying positions referred to in (b) above from being considered in the classified service in so far as it relates to their eligibility for benefits under

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the pension and retirement system of the City of Hapeville, and is expressly provided that such full time employees of the City of Hapeville, whether appointed annually by mayor and council or not, be entitled to all rights and privileges under any pension and retirement system now in force in the City of Hapeville or any future modification thereof or changes therein. Retirement. Section 5. That the charter of the City of Hapeville be further amended by inclusion of the following provisions added thereto: That the mayor and council of the City of Hapeville be and they hereby are authorized and empowered to provide and appropriate money for out of the general funds of the said city for the establishment of an employees hospitalization insurance program, an employees life insurance program, and employees accident insurance program, and/or an employees medical insurance program, all of any combination thereof deemed by the mayor and council to be in the best interests of the city and of all or certain of the city employees, and to contract with one or more insurance companies for this purpose if in the discretion of mayor and council it is deemed necessary or desirable in the best interests of the said employees of the City of Hapeville. Insurance for employees. Section 6. That the said charter of the said City of Hapeville be and the same hereby is further amended with respect to section 19 thereof as it is now designated in official codification of the charter and general ordinances of the City of Hapeville by changing the words vacant lot to the word property so that the said section of the said charter as amended shall read as follows: Any property in the City of Hapeville on which weeds, debris, trash, or waste matter has been allowed to accumulate to such an extent that the presence of such matter on the property creates conditions likely to cause a fire or, spreading of fire, or an imminent danger to the

Page 2519

health or welfare of the adjacent community by the spread of disease or epidemic, shall be subject to be declared a nuisance and abated in the manner herein set out. Nuisances. Section 7. All provisions of the city charter of Hapeville as originally adopted and subsequently amended by various Acts of the General Assembly of Georgia in conflict with any of the provisions hereof are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. CITY OF SAVANNAH, CHATHAM COUNTYBOARD OF EDUCATION RETIREMENT SYSTEM. No. 192 (Senate Bill No. 133). An Act to amend an Act approved February 8, 1937, (Ga. L., 1937; pp. 2094-2095), entitled An Act to authorize the Board of Public Education for the City of Savannah and the County of Chatham, to adopt, establish and administer a system of pensions for old age and disabilities of its teachers and employees, and to contribute the necessary funds therefor from the public moneys committed to its charge, and to adopt reasonable rules and regulations for the administration of said system of pensions; and for other purposes, by providing for the incorporation of a retirement board established pursuant to said Act, as amended, as part of a retirement system providing retirement allowances and other benefits for teachers and others who were employed by said Board of Public Education on April 1, 1960, and who meet other qualifications for membership in said system; by amending the system established pursuant to said Act in other particulars; repealing all laws in conflict herewith; and for other purposes.

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Article I . Whereas, the Board of Public Education for the City of Savannah and the County of Chatham, has duly adopted resolutions which said board has published under the title Local Retirement System for Teachers and Employees of the Board of Public Education for the City of Savannah and the County of Chatham (Georgia) reading as follows, to-wit: Section 1. Definitions The following words and phrases as used herein, unless a different meaning is plainly required for the context, shall have the following meanings: (1) System shall mean the Local Retirement System for Teachers and Employees of the Board of Public Education for the City of Savannah and the County of Chatham (Georgia), as defined in Section 2, hereof. (2) Old System shall mean the local retirement system of the Board in effect prior to April 1, 1960. (3) Board shall mean the Board of Public Education for the City of Savannah and the County of Chatham (Georgia). (4) Retirement Board shall mean the Retirement Board of the System provided for in Section 3 hereof to administer the System. (5) Medical Board shall mean the board of physicians provided for in Section 3, Subsection (13), hereof. (6) Member shall mean any teacher or other employee in the service of the Board on April 1, 1960 who was included in the Old System; provided, that if any member in any period of two consecutive years is absent from service more than one year, without leave of absence, or should he withdraw his accumulated contributions or die or retire hereunder, he shall thereupon cease to be a member. Leave of absence may be granted by the Superintendent of the Board for any period not exceeding

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one year and for a longer period by the Superintendent with the approval of the Board. (7) Service shall mean service by a member in the employment of and paid for by or through the Board. (8) Membership service shall mean service rendered while a member of the System on account of which contributions are made by the member. (9) Prior service shall mean continuous service rendered prior to April 1, 1960. (10) Creditable service shall mean membership service plus prior service. (11) Retirement allowance shall mean annual payments for life payable in monthly installments commencing at the end of the month in which retirement is effective and continuing to the last payment prior to death. (12) Beneficiary shall mean any person in receipt of a retirement allowance or other benefit as provided by the System. (13) Accumulated contributions shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the Members' Account, together with regular interest thereon, as provided in Section 5, Subsection (1), hereof. (14) Compensation shall mean the regular basic salary or wage of a member and shall not include any supplement or extra allowances of any nature. (15) Regular interest shall mean interest at the rates established from time to time by the Retirement Board as provided in Section 5, Subsection (2), Paragraph (f), hereof. (16) Actuarial equivalent shall mean a benefit of

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equal value when computed at regular interest on the basis of the tables last adopted by the Retirement Board. (17) The masculine pronoun shall include the feminine pronoun and the singular shall include the plural. (18) Social Security benefit shall mean the primary insurance amount payable under Title II of the Social Security Act as in effect at the time of retirement to which any beneficiary shall or would become entitled irrespective of his failing to make application therefor or thereafter engaging in covered employment. (19) Normal retirement date shall mean the first day of the calendar month coincident with or next following the end of the Board's fiscal year on which a member has both completed twenty (20) years of creditable service and attained his minimum service retirement age, as follows: Member's year of birth, 1897 and earlier, minimum service retirement age 62; member's year of birth, 1898 and 1899, minimum service retirement age 63; member's year of birth, 1900 and 1901, minimum service retirement age 64; member's year of birth, 1902 and thereafter, minimum service retirement age 65. (20) Retirement shall mean voluntary or involuntary withdrawal from service with a retirement allowance. Section 2. Name and Date Operative A retirement system is hereby established and placed under the management of the Retirement Board of the System for the purpose of providing retirement allowances and other benefits under the provisions hereof as an amendment and continuation of the Old System, including the continuation of benefit payments under the Old System to beneficiaries retired thereunder prior to April 1, 1960. The System shall begin operation as of the first day of April, nineteen hundred sixty and shall be known as the Local Retirement System for Teachers and Employees

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of the Board of Public Education for the City of Savannah and the County of Chatham (Georgia) under which name all its business shall be transacted, all of its funds invested, all warrants for money drawn and payments made, and all of its cash and securities and other property held. Section 3. Administration (1) The general administration and the responsibility for the proper operation of the System and for making effective the provisions hereof are hereby vested in the Retirement Board of the System, which shall be organized immediately after any three of its personnel provided for in this section have qualified and taken appropriate oath of office. (2) The Retirement Board shall consist of seven persons, as follows: (a) Four to be appointed by the Board, who may be members of the Board. The first four so appointed shall be appointed for terms of one, two, three and four years, respectively. The terms of office of succeeding persons so appointed shall be four years. (b) Three to be selected from among the members of the System by the members in accordance with such procedure as they may adopt. The first three so elected shall be elected for terms of one, two or three years, respectively. The terms of office of succeeding persons so elected shall be three years. (3) If a vacancy occurs on the Retirement Board, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (4) The Retirement Board members shall serve without compensation. (5) Each person shall, within ten days after his appointment, take an appropriate oath of office. (6) Each person shall be entitled to one vote. Four

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concurring votes shall be necessary for a decision by the Retirement Board at any meeting, and four shall constitute a quorum. (7) Subject to the limitations hereof, the Retirement Board shall, from time to time, establish rules and regulations for the administration of the System and for the transaction of its business, including uniform standards for determining who are members. (8) Each member in service on April 1, 1960, shall file a detailed statement of all service rendered by him prior to that date for which he claims credit, and of such other facts as the Retirement Board may require for the proper operation of the System. The Retirement Board shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service, but in no case shall more than one year of service be creditable for all service in one calendar year, nor shall the Retirement Board allow credit as service for any period of more than one month's duration during which the employee was absent without pay. The Retirement Board shall verify, as soon as practicable after the filing of such statements of service, the service therein claimed, and shall issue prior service certificates certifying to each member the number of years of prior service with which he is credited. As long as membership continues, a prior service certificate shall be final and conclusive for retirement purposes as to such prior service credit; provided, however, that any member may, within one year after the date of issuance or modification of such certificate, request the Retirement Board to modify or correct his prior service certificate. When membership ceases other than by retirement, a prior service certificate shall become void. (9) The Retirement Board shall elect from its membership a chairman and a vice chairman, and shall appoint a secretary who may or may not be a member thereof. It may employ personnel for secretarial, and other service as shall be required.

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(10) The Board shall keep in convenient form, available to the Retirement Board, such data as shall be necessary for actuarial valuation of the System and for checking the experience of the System. (11) The Retirement Board shall keep a record of all of its proceedings, which shall be open to public inspection. It shall submit to the Board, within thirty (30) days following each anniversary date of the System, a report showing the fiscal transactions of the System for the preceding year, and the amount of the accumulated cash and securities of the System. It shall also submit annually the last balance sheet indicating the financial condition of the System as shown by an actuarial valuation of the assets and liabilities of the System. (12) Legal Advisor The Board's attorney shall be the legal adviser to the Retirement Board and to the Corporate Trustee under the System. (13) Medical Board The Retirement Board shall designate each year a Medical Board of one, two or three physicians who are not members of the System. The Medical Board shall arrange for and pass upon all medical examinations required under the provisions hereof, shall investigate all essential statements, and certificates by or on behalf of a member in connection with application for disability retirement, and shall report in writing to the Retirement Board its conclusions and recommendations upon all the matters referred to it. (14) Duties of Actuary The Retirement Board, with the approval of the Board, shall designate an actuary who shall be its technical adviser on matters regarding the operation of the System and who shall perform such other duties as are required in connection therewith. (15) The Retirement Board shall certify from time to time the contributions payable under the provisions hereof, and shall adopt for the System from time to time such mortality, service and other tables as shall be deemed

Page 2526

necessary, and on the basis of such tables the actuary shall make annually an actuarial valuation of the assets and liabilities of the System. At least once in each five-year period the Retirement Board shall cause an actuarial investigation to be made into the mortality, service and compensation experience of the members and beneficiaries of the System. Section 4. Benefits : (1) (a) Service Retirement Allowance Upon written application to the Retirement Board made by the member or by the Board, any member who has attained his normal retirement date shall be retired on a service retirement allowance on the first day of the next calendar month following the close of the Board's fiscal year after receipt of said application. Any member in service who has attained age 70 shall be retired on the first day of the next calendar month following the close of the Board's fiscal year, except that any member other than a classroom teacher may remain in service by extension or successive extensions, each granted for one year by the Board. (b) The service retirement allowance of a member who retires on or after his normal retirement date shall be determined as: (i) An allowance equal to 1 per centum of his compensation received during his membership service. (ii) Plus an allowance for prior service, as follows: (A) For a member age 60 or over on March 31, 1960, with twenty (20) or more years of prior service, one-half of his annual rate of compensation on that date; (B) For a member age 60 or over on March 31, 1960, with fewer than twenty (20) years of prior service, one-half of his annual rate of compensation on that date multiplied by the ratio that the number of his years for prior service bears to twenty (20);

Page 2527

(C) For a member less than age 60 on March 31, 1960, one-half of his annual rate of compensation on that date multiplied by the ratio that the number of his years of prior service bears to the number of years of creditable service he would have had at age 60, but not less than twenty (20) years; (iii) Minus one-half of the members' Social Security benefit. (2) (a) Early Retirement Allowance Upon written application to the Retirement Board made by the member or by the Board, any member who has not attained his normal retirement date but who has attained age 60 and completed twenty (20) years of creditable service shall be retired on an early retirement allowance on the first day of the next calendar month following the close of the Board's fiscal year. (b) The early retirement allowance shall be a deferred allowance commencing on the member's normal retirement date and shall be computed as a service retirement allowance under Subsection (1) (b) (i) and (ii) of this section on the basis of his creditable service and compensation at the time of early retirement. Such deferred allowance shall be reduced by one-half of the member's Social Security benefit. (c) In lieu of the deferred allowance under (b) above, the member may elect at the time of retirement to receive an early retirement allowance commencing on his early retirement date which shall be equal to such deferred allowance reduced by 1/180 for each month between his early retirement date and his normal retirement date. Such immediate retirement allowance shall be reduced by one-half of the member's Social Security benefit. (3) (a) Disability Retirement Allowance Upon the application of a member in service or of the Board, any member who has not attained his normal retirement date, but who has completed fifteen (15) or more years of

Page 2528

creditable service, may be retired by the Retirement Board on a disability retirement allowance on the first day of a month not less than thirty (30) nor more than ninety (90) days next following receipt of said application; provided that the Medical Board, after a medical examination of such member, shall certify that he is mentally or physically incapacitated for further performance of service, that such incapacity is likely to be permanent, and that such member should be retired. (b) The disability retirement allowance shall be equal to eighty (80) per centum of a service retirement allowance computed under Subsections (1) (b) (i) and (ii) of this section on the basis of the member's creditable service and compensation at the time of disability retirement, less one-half of his Social Security benefit; provided, however, if such member both attained age 60 and completed twenty (20) years of creditable service, the disability retirement allowance shall not be less than the allowance he would have received if he had retired on an early retirement allowance commencing immediately. (4) (a) Return of Contributions Should a member's service be terminated for any reason other than death or retirement hereunder, he shall be paid on demand the amount of his accumulated contributions. (b) Upon the receipt of proof, satisfactory to the Retirement Board, of the death of a member, there shall be paid to such person, if any, as he shall have nominated by written designation duly acknowledged and filed with the Retirement Board, if such person survives him, otherwise to the estate of the member, the amount of his accumulated contributions. (c) Upon receipt of proof, satisfactory to the Retirement Board, of the death of a beneficiary, provided he has not elected an optional benefit that has become effective, there shall be paid to such person, if any, as he shall have nominated by written designation duly acknowledged

Page 2529

and filed with the Retirement Board if such person survives him, otherwise to the estate of the beneficiary, any excess of the amount of his accumulated contributions at retirement over the sum of the retirement allowance payments received. (d) Upon receipt of proof, satisfactory of the Retirement Board, of the death of the survivor of a beneficiary and his beneficiary designated under an optional benefit if an option has been elected and become effective, there shall be paid to such person, if any, as he shall have nominated by written designation duly acknowledged and filed with the Retirement Board if such person survives him, otherwise to the estate of the survivor, any excess of the amount of the beneficiary's accumulated contributions at retirement over the sum the retirement allowance payments received by the beneficiary and the beneficiary designated under an optional benefit. (5) Re-Examination of Beneficiaries Retired on Account of Disability Once each year during the first five years following the retirement of a member on a disability retirement allowance, and once in every three-year period thereafter, the Retirement Board may, and upon his application shall, require any disability beneficiary to undergo a medical examination if he has not yet attained his normal retirement date, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon. Should any disability beneficiary refuse to submit to such medical examination, his retirement allowance may be discontinued by the Retirement Board until his withdrawal of such refusal, and should his refusal continue for one year, all rights in and to the disability retirement allowance shall cease, the election of an optional benefit if one has been elected shall be of no further effect, and any excess of his accumulated contributions at retirement over the sum of the retirement allowance payments he received shall be paid to him in one sum. If the Retirement Board finds from such medical examination or otherwise that the disability of a beneficiary receiving a

Page 2530

disability retirement allowance who has not reached his normal retirement date has been removed and that he has regained his earning capacity, in whole or in part, the part of his disability retirement allowance not provided by his own contributions shall be discontinued or reduced proportionately; provided that he shall be entitled to have his original disability retirement allowance restored in whole or in part prior to his normal retirement date if, on the basis of a medical examination by the Medical Board, the Retirement Board finds that he has again lost earning capacity because of the same disability. (6) Restoration of Beneficiaries to Membership Should a disability beneficiary be restored to or be in service at a compensation equal to or greater than his last five-year average compensation at retirement, should any other beneficiary be restored to service, his retirement allowance shall cease, and he shall again become a member of the System. Anything hereunder to the contrary notwithstanding, any prior service credit shall be restored and he shall be credited with all service as a member standing to his credit at the time of his retirement; provided, however, that notwithstanding such restoration of service credit the retirement allowance payable upon subsequent retirement to such a beneficiary who is restored to membership after he has attained age 60 shall consist of an allowance computed on the basis of his service as a member subsequent to his last restoration to membership and in addition an allowance equal to the retirement allowance on which he was retired at the time of his last retirement with all of the provisions of any option restored, if one was elected, with respect to such retirement allowance. (7) Optional Forms of Retirement Allowances Any member may, by written notice received by the Retirement Board prior to the date of commencement of his retirement allowance, elect to convert his retirement allowance into an optional benefit of equivalent actuarial value, in accordance with one of the options named below;

Page 2531

provided, that if he dies within thirty (30) days after retirement the optional election shall not be effective, and he shall be considered to be a member in active service at the time of his death. Option 1. A reduced retirement allowance payable during the member's life with the provision that if he should die before having received a total of 120 monthly retirement allowance payments, his monthly retirement allowance payments shall be continued to the beneficiary nominated by him by written designation duly acknowledged by him and filed with the Retirement Board when he elected the option, until the number of monthly retirement allowance payments made to the beneficiary, when added to the number of monthly retirement allowance payments received by the member equals a total of 120. If the member fails to nominate a beneficiary, or if the beneficiary fails to survive him, the commuted value of any remaining monthly retirement allowance payments shall be paid in one sum to his estate. If the beneficiary survives the member but dies before having received all the remaining monthly retirement allowance payments, the commuted value of such remaining payments shall be paid in one sum to the beneficiary's estate. Option 2. A reduced retirement allowance payable during the member's life, with the provision that after his death it shall be paid during the life of, and to, the beneficiary nominated by him by written designation duly acknowledged and filed with the Retirement Board when he elected the option; or Option 3. A reduced retirement allowance payable during the member's life, with the provision that after his death an allowance at one-half the rate of his reduced allowance shall be paid during the life of, and to, the beneficiary nominated by him by written designation duly acknowledged and filed with the Retirement Board when he elected the option. (8) Adjustment of Retirement Allowances for Social Security Benefits At the time of retirement on a retirement

Page 2532

allowance commencing prior to the attainment of age 65, the member may elect, subject to the approval of the Retirement Board after written application therefor filed with the Retirement Board, to convert the retirement allowance otherwise payable to him into a retirement allowance of equivalent actuarial value of such amount that, with his Social Security benefit, he will receive, so far as possible, the same amount each year before and after such Social Security benefit commences. Section 5. Method of Financing All of the assets of the System shall be credited, according to the purpose for which they are held, between two accounts, namely, the Member's Account and the Accumulation Account. (1) (a) Member's Account The Member's Account shall be the account in which shall be accumulated the contributions deducted from the compensation of members. The Board shall cause to be deducted from the compensation for each and every payroll period, contributions as follows: (i) for the period from April 1 to December 31, 1960, 3 per centum of the part of the member's compensation not in excess of $4,800 during such period, plus 6 per centum of the part of such compensation in excess of $4,800; and (ii) for each calendar year thereafter, 3 per centum of the part of the member's compensation not in excess of the amount upon which taxes are based under the Federal Insurance Contributions Act as from time to time in effect, plus 6 per centum of the part of such compensation in excess of such amount. (b) The deductions provided for herein shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for herein and shall receipt for his full salary and compensation, and payment

Page 2533

of salary or compensation less said deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment except as to the benefits provided hereunder. (c) The proper authority or officer responsible for making up the payroll shall certify to the Retirement Board the amounts deducted on each and every payroll, and each of such amounts shall be paid into the Members' Account and credited to the individual account of the member from whose compensation the deduction was made. (d) The accumulated contributions of a member, paid upon his death or withdrawn by him as provided hereunder shall be paid from the Members' Account. Upon retirement of a member, his accumulated contributions shall be transferred from the Members' Account to the Accumulation Account. (2) (a) Accumulation Account The Accumulation Account shall be the account in which shall be accumulated all reserves for the payment of the part of all retirement allowances payable from contributions made by the Board and to which shall be credited all money provided by the Board to pay the administration expenses of the System and from which all benefits, other than the return of accumulated contributions under Section 4, Subsection (4), and all the expense necessary in connection with the administration and operation of the System shall be paid. (b) Regular Contributions by the Board On account of each member there shall be paid annually into the Accumulation Account a certain percentage of the compensation of each member to be known as the normal contribution and an additional contribution to be known as the accrued liability contribution. (c) The Normal rate of contribution shall be determined after each actuarial valuation as the uniform and

Page 2534

constant percentage of the compensation of all members which is sufficient to cover the cost of benefits for membership service after taking into account members' contributions and any funds receivable hereunder from the Teachers' Retirement System of Georgia. The accrued liability contribution shall be a regular contribution in such amount to be determined by the Board to liquidate the amount of the unfunded accrued liability. (d) Interest All interest and dividends earned on the funds of the System shall be credited to the Accumulation Account. (e) Once each year the Retirement Board shall transfer from the Accumulation Account to the Members' Account amounts sufficient to allow regular interest on the balance of the members' accounts in the Members' Account. (f) Regular interest shall mean interest at the per centum rates compounded annually as shall be determined by the Retirement Board from time to time with a rate of 3 per centum applicable from the effective date of the System until changed by the Retirement Board with the approval of the Board. (3) (a) Voluntary Contributions by Members Each member may provide for a supplemental benefit under the system which shall be independent of all retirement allowances and rights thereunder provided for in Section 4 and of contributions therefor otherwise provided under this Section 5, by contributing an even percentage of his annual compensation, not less than 2 per centum nor more than 5 per centum. An election to contribute as herein provided shall be made by written notice to the Retirement Board at least 30 days prior to the date of the payroll from which the first contribution is to be deducted, and such election is to be irrevocable except that contributions may be discontinued or the percentage rate changed within the limitations hereinabove specified upon similar 30 day notice but not oftener than once in any 12 month period. The Board shall cause to be deducted

Page 2535

such contributions from the compensation of each contributing member on each and every payroll. (i) Accumulated voluntary contributions as hereinafter used shall mean the sum of a member's contributions to the System made pursuant to this Subsection (3), with interest credited thereon at such rates as may be set from time to time by the Retirement Board, but not at a rate higher than the rate of regular interest. (ii) `Annuity' as hereinafter used shall mean annual payments for life derived from a member's accumulated voluntary contributions, calculated as a cash refund annuity in accordance with Subsection (d) of this Subsection (3), and computed on the basis of the tables last adopted by the Retirement Board and regular interest. All annuities shall be payable in monthly installments at the same time and in the same manner provided for retirement allowances under Section 1, Subsection (11). (b) At the time payment of his retirement allowance commences under Section 4, a member shall receive, in addition to any other benefits provided under the System, an annuity which shall be of equivalent actuarial value to his accumulated voluntary contributions at the time payment of such annuity commences. (c) Upon the receipt of proof, satisfactory to the Retirement Board, of the death of a member before payment of his annuity has commenced, the amount of his accumulated voluntary contributions at the time of his death shall be paid in one sum to the person, if any, nominated by him by written designation duly acknowledged and filed with the Retirement Board, if such person survives him, otherwise to the estate of such member. Any member upon ceasing to be a member except by death or retirement under the System shall be paid in one sum, within six months thereafter, the amount of his accumulated voluntary contributions at the time he ceased to be a member. (d) Upon receipt of proof, satisfactory to the Retirement

Page 2536

Board, of the death of a beneficiary after payment of his annuity has commenced but before such beneficiary has received in annuity payments the amount of his accumulated voluntary contributions at the time his annuity commenced, the balance of such amount shall be paid in one sum to the person, if any, nominated by him by written designation duly acknowledged and filed with the Retirement Board, if such person survives him, otherwise to the estate of such beneficiary. (e) If a beneficiary who has contributed for an annuity is restored to active service as provided in Section 4, Subsection (6), his annuity shall continue nevertheless in the same manner and form as if he had not been restored to active service. Section 6. Management of Funds All the funds of the System shall be held by a corporate trustee, having over one million dollars in paid-in surplus and capital, appointed from time to time by the Board, in trust and under a trust instrument adopted, or as amended, by the Board for use in providing the benefits of the System and paying its expenses; provided that no part of the funds shall be used for, or diverted to, purposes other than for the exclusive benefit of members and beneficiaries prior to the satisfaction of all liabilities with respect to such members and beneficiaries. Section 7. Assignments Prohibited The property and funds of the System, the contributions of members deducted from their compensation, the right of a person to a retirement allowance or other benefit, and any other right accrued or accruing to any person hereunder and the moneys in the various accounts created shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law, or any other process of law whatsoever to satisfy any debt or liability of any member or beneficiary, and shall be unassignable except as specifically provided hereunder. Section 8. Errors Should any change or error in the records result in any member or beneficiary receiving

Page 2537

from the System more or less than he would have been entitled to receive had the records been correct, the Retirement Board shall have the power to correct such error, and, as far as practicable, to adjust the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. Section 9. General Conditions (1) The Board shall have the continuing right and power to amend, modify or supplement the System, in whole or in part, at any time, provided that no amendment, modification, or supplement shall be adopted which will reduce the then accrued benefits of the members, retired members and beneficiaries under the System below the extent they are then covered by accumulated reserves, which reserves shall constitute a trust fund for the payment of such benefits; and provided further that no amendment, modification, or supplement shall be adopted which will reduce the benefit formulae under the System. (2) If any section or part of any section hereof is declared to be unconstitutional, the remainder shall not thereby be invalidated. (3) All prior resolutions or parts of resolutions of the Board in conflict herewith are hereby repealed. and Whereas, the establishment of the retirement system provided for in the resolutions of said Board of Public Education herein above recited and referred to is authorized by law; Therefore, in furtherance of the purposes declared in said Act entitled as aforesaid: Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that the Retirement System as hereinabove referred to and set forth, be ratified confirmed and enacted as and for the Local Retirement System for Teachers and Employees

Page 2538

of The Board of Public Education for the City of Savannah and the County of Chatham. Enacted. Article II. Act Liberally Construed This Act, having been enacted for the welfare of the teachers and other employees of the Board of Public Education for the City of Savannah and County of Chatham shall be liberally construed to effect the purposes hereof. Article III. Constitutional Construction and Legislative Intent The provisions of this Act are severable. If any of its provisions shall be held unconstitutional by any court of competent jurisdiction the decision of such court shall not affect or impair any of the remaining provisions; and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Article IV . All laws and parts of laws in conflict with this Act are hereby repealed. 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. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961.

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CITY OF FOLKSTONCOMPENSATION OF MAYOR AND COUNCILMEN. No. 194 (Senate Bill No. 111). An Act to amend an Act entitled An Act to create and establish a new charter for the City of Folkston in the County of Charlton, State of Georgia; to increase, enlarge, and define the incorporate limits thereof; to declare the rights, powers, privileges of said corporation; and for other purposes, approved August 13, 1931 (Ga. L. 1931, p. 755), as amended, so as to increase the permissible salary of the mayor and councilmen; to provide for the manner of payment of said salaries and to fix the time at which they shall be set and paid; 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 a new charter for the City of Folkston in the County of Charlton, State of Georgia; to increase, enlarge, and define the incorporate limits thereof; to declare the rights, powers, privileges of said corporation; and for other purposes, approved August 13, 1931 (Ga. L. 1931, p. 755), as amended, is hereby amended by striking the first and second sentences of section 7 and substituting in lieu thereof the following: The salary of the mayor shall be fixed by the board of councilmen. Said salary shall not exceed five hundred ($500.00) dollars per annum, with no police-court fees or other emoluments. The councilmen shall receive an annual salary not in excess of the sum of three hundred ($300.00) dollars, and shall be exempt from the street tax. The compensation of the above-mentioned officers shall be payable annually, quarterly, monthly, or semi-monthly, as determined by the council, and shall be set by the council at the first meeting held after the approval of this Act. Thereafter, said salaries shall be set by the council at the first meeting held after the first of January of each year.

Page 2540

so that when so amended, section 7 shall read as follows: Section 7. The salary of the mayor shall be fixed by the board of councilmen. Said salary shall not exceed five hundred ($500.00) dollars per annum, with no policecourt fees or other emoluments. The councilmen shall receive an annual salary not in excess of the sum of three hundred ($300.00) dollars, and shall be exempt from the street tax. The compensation of the above-mentioned officers shall be payable annually, quarterly, monthly, or semi-monthly, as determined by the council, and shall be set by the council at the first meeting held after the approval of this Act. Thereafter, said salaries shall be set by the council at the first meeting held after the first of January of each year. The compensation of the city clerk, who shall also act as city tax-assessor and collector, shall be fixed annually by the mayor and the board of councilmen at their January meeting of each year. The compensation of the city clerk shall be fixed so as to include compensation for his duties as city tax-assessor and collector; but nothing contained herein shall prevent the mayor and councilmen from fixing and naming a monthly or yearly salary as city clerk and allowing commissions for the duties of city tax-assessor and collector, but same shall be fixed the first meeting in January of each year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961.

Page 2541

COMPENSATION OF TAX COMMISSIONERS IN COUNTIES OF NOT LESS THAN 7,370 AND NOT MORE THAN 7,450 PERSONS. No. 196 (House Bill No. 511). An Act to amend an Act entitled An Act to fix the compensation of the tax commissioner in certain counties; to combine the offices of disbursing clerk and clerk of the commissioner of roads and revenue in certain counties; to fix the salary of such office; to repeal conflicting laws; and for other purposes., approved March 17, 1958 (Ga. L. 1958, p. 2327), so as to change the population and census figures in said Act; to change the compensation of the tax commissioner in such counties upon approval of any grand jury; 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 fix the compensation of the tax commissioner in certain counties; to combine the offices of disbursing clerk and clerk of the commissioner of roads and revenue in certain counties; to fix the salary of such office; to repeal conflicting laws; and for other purposes., approved March 17, 1958 (Ga. L. 1958, p. 2327), is hereby amended by striking therefrom section 1 in its entirety and substituting in lieu thereof a new section 1 which shall read as follows: Section 1. The tax commissioner in all counties having a population of not less than 7,370 nor more than 7,450 according to the 1960 census or any future census, shall receive a salary of $3,600 per annum, payable monthly out of county funds. Provided, however, upon approval of any grand jury sitting at any time after the passage of this Act, said salary shall be increased to $4,200 per year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961.

Page 2542

ACT PROVIDING PENSIONS FOR EMPLOYEES OF CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONSAMENDED. No. 197 (House Bill No. 517). An Act to amend the 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 such cities, and for the other purposes set forth in the caption of said Act and the several Acts amendatory thereof, by providing that any officer or employee of such cities or of the board of education thereof who has applied for and been granted a service pension shall be eligible for re-employment or reappointment to any position in the government of such cities, including the board of education thereof, under certain conditions provided by this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended by adding thereto the following: Section 1. Any officer or employee of such cities or of the board of education thereof who has applied for and been granted a service pension shall be eligible for re-employment or re-appointment to any position in the government of such cities or the board of education thereof, provided such person has not reached the age of 70 years, such re-employment in any position to terminate at the end of the year in which such person reaches age 70. Such re-employment shall be made under the provisions relating to re-employment of former employees as now provided by law or ordinance, except that such re-employed person shall not acquire any civil service rights or any further pension rights during such period of re-employment,

Page 2543

shall not be paid a pension during such period, and shall not be required to make any contribution to the pension fund during such period of re-employment. The payment of his pension shall be resumed as of the date of termination of such period of re-employment. No such re-employment shall be effective until the person to be re-employed under the provisions of this section shall execute and deliver to the comptroller of any such cities a contract agreeing to the conditions hereof. Re-employment of pensioners. Section 2. Nothing herein contained shall prevent any retired officer or employee of such cities or of the board of education thereof from holding any position which is filled by an election by the people. No such retired person, however, who shall be elected by the people to any such office shall receive a pension during the time that he holds such elective office, and no additional pension or civil service rights or privileges shall accrue to such officer or employee during such period. Elective offices. Section 3. The provisions of this Act as amended shall not in any way affect or restrict the rights, powers and privileges of an emeritus officer of such cities who now or shall hereafter hold an emeritus office pursuant to the provisions of any law or ordinance establishing same. Emeritus officers. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1961. CITY OF OCILLAVOTER REGISTRATION. No. 198 (House Bill No. 550). An Act to amend an Act of the General Assembly of Georgia approved December 18, 1902, entitled An Act To Incorporate The City of Ocilla, Irwin County, Georgia, and for other purposes, and the Act amendatory thereto, and for other purposes, so as to authorize and empower

Page 2544

said City of Ocilla, Georgia, to abolish its present list of registered voters so as to authorize and empower said City of Ocilla, Georgia, through its governing authorities to compile and complete a new and accurate voters list; to provide for a new registration of all eligible city voters, said list to be completed on or before July 1; to allow all citizens of Ocilla 18 years of age and older, who have resided in said City of Ocilla 6 months, who are bona fide residents of Ocilla, Georgia, and who have paid all taxes due said city, State and county which have been required of said persons and which said persons have had an opportunity to pay to be eligible voters in said city; to prescribe regulations for the future opening and closing of registration books after said initial registration; to provide for an appointment of board of registrars to examine said voters list and to determine from said list all persons who are eligible to vote in said city and to further disqualify any who are ineligible to vote in said city and to repeal conflicting laws. 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 the General Assembly approved December 18, 1902, found in Georgia laws 1902 published by authority at pages 525 through 546, inclusive, creating a charter for the City of Ocilla as heretofore amended by and the same is hereby amended as follows: Section 1. Effective June 1, 1961, the present list of registered voters for the City of Ocilla, Georgia is hereby abolished. Section 2. A new voters list for the City of Ocilla shall be obtained as hereinafter set forth. All eligible voters in said city shall re-register during the period from June 1, 1961 through June 30, 1961, inclusive. The office of the city clerk shall be open these days, with the exception of Sundays, Wednesday afternoons and Saturday afternoons for the purpose of registering voters. Prior to June 1, 1961, notice shall be given to all citizens eligible to register in

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said registration period by advertisement of same in the Ocilla Star, the official organ for Irwin County and the City of Ocilla, once a week for two weeks, immediately preceding said registration period. Said notice shall state that all voters in said city must re-register and give information as to the re-registration period above, together with the time and dates for citizens to register. Voters. Section 3. That after the registration books are closed on June 30, 1961 no person shall be allowed to vote in any election held in and for said city for any purposes, who has not been duly registered in accordance with the preceding section or who has not been duly registered as hereinafter provided. During the month of June, 1961, as set forth above and effective 30 days before the city election of 1961 it shall be the duty of the clerk of the city council to open and keep open his office each day except Sundays and at such hours as the mayor and aldermen may prescribe, a book for all registered voters, alphabetically arranged, in which book all registered voters, alphabetically arranged, in which book all qualified voters of said city may register at any time up to the closing of said book on June 30, 1961 and thereafter ten days prior to each election. Said book shall contain a place for said person's address and age which shall be completed by the party so registering. Said book shall be opened during the month of June, 1961 as set forth above and thereafter thirty days prior to the date of any election and remain open for twenty days, after which time no one shall be allowed to register until after said election. Before registering his name as aforesaid, each person shall take the following oath, which oath may be written or printed at the beginning of said registration book, or at the top of the page on which said registration is had, to-wit: Ido solemnly swear (or affirm) that I am 18 years old (or will be prior to the next election to be held in said city); have resided in this State one year (or will have so resided in this State one year prior to the next election), and that I have resided in said City of Ocilla six months (or will have so resided in said city six months prior to the next election), and am now a bona fide citizen of the City of Ocilla, Georgia; I have paid all taxes and license fees to

Page 2546

said city, which have been required of me, and which I have had an opportunity to pay, except for the present year, so help me God. Oath. Section 4. Be it further enacted that the mayor and aldermen shall have the authority to appoint three citizens of said city for terms of one year each who are qualified voters thereof, as a board of registrars, whose duty it shall be to examine the registration books and strike from the list of persons registered therein all who are disqualified to vote in the approaching election to be held for any purpose whatever in said city. Said board of registrars shall have all such persons served with notice that their names have been stricken from said registration book within four days after the registration books are closed. Notice may be served on said person by mailing a notice to said person, at the address as shown on the registration list (if any) by First Class United States Mail, with sufficient postage to insure delivery thereof, or by the city marshal or any of the city policemen. After said letter has been mailed no further notice shall be required as to whether said party received same. Said notice shall state that said person's name has been stricken from said voters registration list, together with the reason or reasons it was so stricken and it shall require said person to appear before said board within three days after said notice has been mailed or served on said party to show cause why said person's name shall not remain removed from the registration books. The notice shall state the place, time, date and hour said person shall appear before said board. After said board of registrars have heard all the evidence and grounds of protest so made, said board may reinstate such name or names so stricken or not as the facts may justify. The final decision of said board as to the qualifications of any such voter registering shall be conclusive as to his or her qualifications and the right to vote in any such election in said city. The managers of all elections herein provided for shall have the right to require any voter to make the oath contained in the registration books before allowing him to vote; provided, however, a challenge is made to such voter voting in such election by any

Page 2547

citizen of said city. Should any vacancy appear on said board of registrars the mayor shall have the authority to appoint any other qualified voter in said city to fill said vacancy. Any voter who does not vote in any election within a period of three years may be stricken from the voters list by said board of registrars. Registrars. Section 5. Be it further enacted, That any person voting at any city election, who is not qualified to vote according to the provisions of the charter of said city, shall be guilty of a misdemeanor, and upon conviction thereof in any court of Irwin County having jurisdiction of the same, said person shall be punished in accordance with the Georgia law. Crimes. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Irwin County. Personally appeared before the undersigned officer duly authorized by law to administer oaths, W. S. Bradford, Jr. and Julian Connell, who first being duly sworn depose and on oath say, that they are the publishers of the Ocilla Star, a public newspaper published weekly in the City of Ocilla, Georgia, of general circulation and being the official organ of Irwin County, Georgia, and that the following notice has been published, to-wit: Georgia, Irwin County. Notice is hereby given that a Bill will be introduced in the current 1961 Session of the General Assembly of Georgia for the following purposes: An Act to amend an Act of the General Assembly of Georgia, approved December 18, 1902, entitled `An Act to incorporate the City of Ocilla, Irwin County, Georgia, and for other purposes,' and the Act amendatory thereto, and for other purposes, so as to authorize and empower said City of Ocilla, Georgia, to abolish its present list of registered voters so as to authorize and empower said City

Page 2548

of Ocilla, Georgia, through its governing authorities to compile and complete a new and accurate voters list; to provide for a new registration of eligible City voters, said list to be completed on or before July 1; to allow all citizens of Ocilla 18 years of age and older, who have resided in said City of Ocilla 6 months, who are bona fide residents of Ocilla, Georgia, and who have paid all taxes due said city, State and county which have been required of said persons and which said persons have had an opportunity to pay to be eligible voters in said city; to prescribe regulations for the future opening and closing of registration books after said initial registration; to provide for an appointment of board of registrars to examine said voters list and to determine from said list all persons who are eligible to vote in said city and to further disqualify any who are uneligible to vote in said city. This January 17, 1961. /s/ Joseph P. Crouch, City Clerk; Said notice being published in the said Ocilla Star once a week in the regular issues of January 19, 1961 and January 26, 1961 and February 2, 1961. /s/ W. S. Bradford, Jr. /s/ Julian Connell. Sworn to and subscribed before me this 17th day of February, 1961. /s/ Murphey Rogers, Notary Public, Irwin County, Ga. My commission expires Dec. 5, 1962. Approved March 28, 1961.

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HENRY COUNTYBUILDING, ETC. CODES. No. 199 (House Bill No. 577). An Act to protect the health and safety of the residents of Henry County being outside the corporate limits of municipalities; to authorize the governing authorities of Henry County to make, adopt, amend, and repeal building, housing, electrical, plumbing, gas and other similar codes, including all necessary rules and regulations pertaining to such codes; to provide for the appointment of building, housing, plumbing, gas, electrical and other inspectors for said county; to empower said county to fix inspection fees to be paid; to provide penalties and punishments for the violation of said codes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authorities of Henry County are hereby authorized to make, adopt, amend and repeal building, housing, electrical, plumbing, gas and other similar codes relating to the construction, livability, sanitation, erection, equipment, alteration, repair, occupancy or removal of buildings and structures located outside of the corporate limits of any municipality in said county. Building codes. Section 2. Said codes, rules and regulations may embrace such matters as; the preparation and submission of plans and specifications; issuance of permits; standards governing the kind, quality and performance of materials, equipment and workmanship; examination and licensing of building trades; establishment of fire zones; fireproofing; means of egress and ingress; floor area per occupant; sanitary facilities and usage; proceedings in connection with unsafe, unsanitary or inadequate structures. The enumeration herein shall not be construed as being exclusive. Content. Section 3. Said codes, rules and regulations may be adopted by reference to national or regional codes. Same. Section 4. The county governing authorities are hereby

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permitted to contract with municipalities and other political subdivisions of the State possessing the authority to issue building permits and enforce building, electrical, plumbing, gas, housing and other similar codes in order to efficiently administer the powers granted under this Act. Administration. Section 5. Said governing authorities shall have the authority to appoint building, electrical, plumbing, gas, housing inspectors for said county and such other assistants as the said authority may deem necessary. Section 6. Said governing authorities shall have the authority to make rules, and regulations concerning permits for and inspections of construction, equipment, alteration, repairing or removal of buildings, signs and other structures outside the corporate limits of municipalities located in said county and may prescribe fees or charges for permits and inspections, which fees shall be fixed and charged by said governing authorities and shall be paid to the county treasurer by the applicant for such permits or inspections. Permits. Section 7. Before enacting any of the codes, rules or regulations permitted in this Act the governing authority of the county shall hold a public hearing thereon, at least fifteen days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the county. Hearings. Section 8. Said governing authorities shall have the authority to make such rules, codes and regulations as are permitted under this Act for the entire unincorporated area of the county or for any militia district or land lot or land and water areas 500 feet wide on either side of any State or County highway or any section of such highway, or land or water areas 500 feet wide on either side of any water line of a stream or water reservior or section thereof within the unincorporated area of the county. Scope. Section 9. Full compliance with all rules, regulations and requirements set up hereunder shall be a prerequisite

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to issuance of any permit and failure to secure such permit as is required is hereby declared to be a misdemeanor. Crimes. Section 10. The violation of any of the codes, rules and regulations adopted by said governing authorities under the provisions of this Act is hereby declared to be a misdemeanor and any person violating any such codes, rules and regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Each and every day such violation shall continue shall be deemed a separate offense. Same. Section 11. In case any violation of any of the codes, rules and regulations that may be adopted by said governing authorities under this Act is, or is proposed, to be committed, the inspectors appointed under this Act, the county attorney, or other appropriate authority of the county or any adjacent or neighboring property owner who would be damaged by such violation may, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent, correct or abate such violation or threatened violation. Injunctions. Section 12. If any portion or provision of this Act is found unconstitutional, such invalidity shall not affect any other portion of this Act. Severability. Section 13. 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, E. E. McGarity, who, on oath, deposes and says that he is representative from Henry County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly-Advertiser, which is the official organ of said county, on the following dates: Jan. 19, 26, 1961, and Feb. 2, 1961. /s/ Edward E. McGarity, Representative, Henry County.

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Sworn to and subscribed before me this 22 day of Feb., 1961. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My commission expires Oct. 19, 1964. Notice of Intention to Introduce Local Legislation. Notice is hereby given that a bill will be introduced in the 1961 General Assembly to protect the health and safety of the residents of Henry County being outside the corporate limits of municipalities; to authorize the governing authorities of Henry County to make, adopt, amend, and repeal building, housing, electrical, plumbing, gas and other similar codes, including all necessary rules and regulations pertaining to such codes; to provide for the appointment of building, housing, plumbing, gas, electrical and other inspectors for said county; to empower said county to fix inspection fees to be paid; to provide penalties and punishment for the violation of said codes; to repeal conflicting laws; and for other purposes. This the 11th day of January, 1961. /s/ Edward E. McGarity, Representative, Henry County. Approved March 28, 1961. OGLETHORPE COUNTYCOMPENSATION OF ADVISORY BOARD TO COMMISSIONER. No. 202 (House Bill No. 572). An Act to amend an Act creating the office of commissioner of roads and revenues for Oglethorpe County, approved August 15, 1904 (Ga. L. 1904, p. 278), as amended by an Act approved August 18, 1919 (Ga. L. 1919, p. 715), and an Act approved February 26, 1953

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(Ga. L. 1953, Jan.-Feb. Sess., p. 2652), so as to fix the compensation of the members of the advisory board to the commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues for Oglethorpe County, approved August 15, 1904 (Ga. L. 1904, p. 278), as amended by an Act approved August 18, 1919 (Ga. L. 1919, p. 715), and an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2652), is hereby amended by striking from the third paragraph of section 4 of the aforesaid Act of 1919, as amended by the aforesaid Act of 1953, the words one hundred dollars, and inserting in lieu thereof the words two hundred dollars, so that when so amended said third paragraph shall read as follows: And be it further enacted, that the advisory board created by an Act approved August 1, 1911, shall be vested with all the powers and authority vested in the commissioners of roads and revenues, and in the ordinary of said County of Oglethorpe as ex officio commissioner of roads and revenues for Oglethorpe County. The members of the advisory board shall receive two hundred dollars per year for their services, to be paid out of the county treasury. That section 1 of said Act be amended by striking the word `two' and inserting the word `three' so that said advisory board shall consist of three members hereafter, and that the member herein provided for to be added to said board shall be elected at the next general State election to be held in 1920. All vacancies shall be filled by appointment by the judge of the superior court the appointee to hold office until the next general election, provided, that the commissioner of roads and revenues shall retain the authority to direct and control all labor while actually engaged in the building and construction of roads and bridges. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Bill to be Introduced in Legislature. Notice is hereby given that a bill will be introduced in the forthcoming session of the General Assembly to fix the amount of compensation to be secured by the members of the advisory board of the board of commissioners of Oglethorpe County. This 3rd day of January, 1961. /s/ George B. Brooks. /s/ Hamilton McWhorter, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George B. Brooks, who, on oath, deposes and says that he is representative from Oglethorpe County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo, which is the official organ of said county, on the following dates: Jan. 5, 12 and 19, 1961. /s/ George B. Brooks, Representative, Oglethorpe County. Sworn to and subscribed before me this 21st day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved March 28, 1961.

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CATOOSA COUNTYCOMMISSIONER'S COMPENSATIONCOUNTY ATTORNEY. No. 203 (House Bill No. 587). An Act to amend an Act creating the office of commissioner of roads and revenue of the County of Catoosa, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved February 16, 1953 (Ga. L. 1953, p. 2293), and an Act approved March 3, 1955 (Ga. L. 1955, p. 2527), and an Act approved March 21, 1958 (Ga. L. 1958, p. 2716), and an Act approved March 17, 1960 (Ga. L. 1960, p. 2960), so as to change the compensation of the commissioner of roads and revenue; to provide for the commissioner's traveling expenses; to provide for the salary of the clerical assistant of said commissioner's office; to provide for the salary and duty of the county attorney; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenue for the County of Catoosa, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved February 16, 1953 (Ga. L. 1953, p. 2293), and an Act approved March 3, 1955 (Ga. L. 1955, p. 2527), and an Act approved March 21, 1958 (Ga. L. 1958, p. 2716), and an Act approved March 17, 1960 (Ga. L. 1960, p. 2960), is hereby amended by striking section 9 of the original Act, as amended, in its entirety and inserting in lieu thereof a new section 9 which shall read as follows: Section 9. The compensation of the said commissioner of roads and revenue shall be seventy-five hundred dollars ($7500) per annum, to be paid at the rate of six hundred twenty-five dollars ($625) per month at the end of each calendar month. Said commissioner is authorized to employ a clerical assistant at a salary of three thousand dollars ($3000.00) per annum, payable monthly out of

Page 2556

the county funds. Said commissioner is authorized to be paid from the county funds the sum of $1500.00 per year for traveling expenses outside and inside the county on the transaction of county business, provided that said commissioner uses his individually owned automobile in the transaction of county business inside and outside of the county throughout the entire year. The commissioner shall be required to keep his office at the courthouse open from nine-thirty (9:30) a.m. to twelve (12:00) o'clock noon each week except Saturdays and holidays. Commissioner clerical help, etc. Section 2. Said Act is further amended by striking section 12 thereof, as amended, in its entirety and substituting in lieu thereof a new section 12 which shall read as follows: Section 12. The commissioner shall be authorized and directed to employ a competent attorney at law to advise him in regard to county affairs and to represent the county in any litigation which may arise in which the county is a party defendant. The attorney so employed shall give legal opinions to the commissioner and render legal advice to any county officer. Said attorney shall be paid an annual salary of $1200.00 in equal installments of $100.00 per month, provided, however, that said compensation is not intended to cover services by said attorney in any litigated cases, bond issues, or for any other services over and above legal opinions and advice requested by the commissioner, as aforesaid. County attorney. Section 3. This Act shall become effective immediately upon its approval by the Governor. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of the State of Georgia, a bill to amend the Act creating the office of the commissioner of roads and revenue of the

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County of Catoosa, approved February 23, 1943 (Ga. L. 1943, p. 358), and all Acts amendatory thereof, so as to change the compensation of the commissioner of roads and revenue; to provide for the commissioner's travel expenses; to provide for the compensation of the clerical assistant of said commissioner's office; to provide for the compensation and duties of the county attorney; to provide for an effective date; to repeal all conflicting laws, and for other purposes. This 7th day of January, 1961. /s/ Joe T. Clark, Representative, Catoosa County. 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 following dates: Jan. 12, 19, 26, 1961. /s/ Ned Lee. Sworn to and subscribed before me this 11th day of February, 1961. /s/ Freida A. Boyles, Notary Public. (Seal). Approved March 28, 1961.

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CITY COURTS IN COUNTIES OF NOT LESS THAN 135,000 AND NOT MORE THAN 140,000 POPULATION. No. 204 (House Bill No. 532). An Act to provide for the appointment of a secretary to serve the judges of the city courts in counties having a population of not less than 135,000, nor more than 140,000 inhabitants, according to the United States Census of 1960, or any future census, to define their duties, fix their compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the Authority of the same, that the judges of the city courts in all counties in the State with a population of not less than 135,000 nor more than 140,000, according to the United States Census of 1960, or any future census, shall have the power to appoint, and at pleasure to remove a secretary to serve the judges of said courts. Such secretary shall take all stenographic notes, transcribe the same, required by the judges of said courts, and do and perform such other duties as the judges of said courts may require at chambers, or in court. Judges' secretaries. Section 2. Be it further enacted, that the compensation of the secretary of the judges of said courts shall be paid at a rate not to exceed $2,880.00 per annum, except and until such time as an increase above this amount is approved by the Board of Commissioners of Roads and Revenues, and shall be paid from the county treasury, as are other county expenses in all counties in this State coming within the provisions of this Act. Salaries. Section 3. Be it further enacted, that said secretary, provided for in this Act, shall be in addition to the regularly appointed court reporter in such courts, and shall not be appointed, unless the judge thereof shall deem the

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services of a secretary necessary, in addition to the regularly appointed court reporter, and unless the judges of said court shall so appoint under the terms of this Act. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. CITY OF WINDERASSESSMENTS FOR SANITARY PURPOSES. No. 205 (House Bill No. 595). An Act to amend an Act creating a new charter for the City of Winder, approved August 4, 1917 (Ga. L. 1917, p. 926), as amended, so as to provide that the mayor and council shall be authorized to make sanitary assessments on property and lots within said city; to provide that said assessments shall constitute liens until paid on the lots so assessed; 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 new charter for the City of Winder, approved August 4, 1917 (Ga. L. 1917, p. 926), as amended, is hereby amended by striking therefrom, section 61 in its entirety and substituting in lieu thereof a new section 61 which shall read as follows: Section 61. The mayor and council of the City of Winder are hereby authorized, whenever they shall deem necessary, for purposes of the promotion of health and safety to the citizens of said city, to make an assessment on the various lots and lot owners in said city for sanitary purposes. The amount of such assessments shall be reasonable in regard to the requirements necessary for promotion of public health and safety. Said mayor and council

Page 2560

is hereby authorized and empowered to collect the same by execution against the lot so assessed and the owner thereof, and the amount so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said city; and the amount so collected shall be used for sanitary purposes only. The mayor and council shall have the power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; may take into consideration the number of dwellings, resident persons or other such matters. Assessments provided in this section shall not be made on vacant lots, except upon a vote of two-thirds of the city council. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Georgia, Barrow County. Notice is hereby given that it is our intention to request James W. Paris, Barrow County Representative, to introduce at the 1961 session of the General Assembly of Georgia, a bill to provide for the repeal of the existing sanitation assessment under the charter of the City of Winder and rewrite said charter provision relative to sanitation assessment as to amount and to which property same is applicable, and for other purposes. This 17th day of January, 1961. Mayor and Council of the City of Winder. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Paris, who, on oath, deposes and says that he is representative from Barrow County, and that the attached copy

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of Notice of Intention to Introduce Local Legislation was published in the Winder News, which is the official organ of said county, on the following dates: Jan. 18, 1961; Jan. 25, 1961, and Feb. 1, 1961. /s/ James W. Paris, Representative, Barrow County. Sworn to and subscribed before me this 31st day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved March 28, 1961. CITY OF GAINESVILLECIVIL SERVICE ACT AMENDED. No. 206 (House Bill No. 548). An Act to amend the Civil Service Act of 1960 for the City of Gainesville, Georgia, by providing that applicants for positions as office employees in the classified service of the city may be between the ages of 18 and 35 rather than between the ages of 21 and 35. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same as follows: Section 1. The Civil Service Act of 1960 for the City of Gainesville, Georgia (Ga. L. 1960, pp. 2240-2250) is hereby amended by changing the period at the end of the last sentence in subsection (f) of section 2 to a comma, and then adding the following: provided however, that applicants for positions as office employees in the classified service of the city may be between the ages of 18 and 35 rather than between the ages of 21 and 35; so

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that said last sentence of said subsection when so amended shall read as follows: Each applicant for employment must be between the ages of twenty-one and thirty-five years inclusive, provided however, that applicants for positions as office employees in the classified service of the city may be between the ages of eighteen and thirty-five rather than between the ages of twenty-one and thirty-five. Age of applicants. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. W. M. Williams personally appeared before the undersigned officer who is authorized to administer oaths and after being duly sworn deposes and says that he is a representative from Hall County to the General Assembly of Georgia and that the attached copy of Notice of Local Legislation was published in the Daily Times, which is the official organ of Hall County, Georgia, on the following dates, January 20th, January 25th, and February 1st, 1961. /s/ W. M. Williams, Representative, Hall County, Ga. Notice of Local Legislation. Notice is hereby given that application will be made to the 1961 General Assembly of Georgia for passage of local legislation amending the Gainesville Civil Service Act of 1960 by providing that applicants for positions as office employees in the classified service of the City may be between the ages of 18 and 35 rather than between the ages of 21 and 35. Gainesville Civil Service Board. By: C. L. Payne, Chairman.

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Sworn to and subscribed before me this 21st day of February, 1961. /s/ Frances H. Kilpatrick, Notary Public, Georgia, State at Large. My commission expires July 16, 1962. (Seal). Approved March 28, 1961. CITY OF MONROECHARTER AMENDED. No. 207 (House Bill No. 559). An Act to amend an Act entitled An Act to incorporate the City of Monroe, in the County of Walton, and define its limits; to provide for a mayor and council and other officers of said city and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance and for other purposes, approved December 3, 1896 (Ga. L. 1896, p. 212), as amended, particularly by an Act approved July 28, 1911 (Ga. L. 1911, p. 1407), an Act approved March 26, 1947 (Ga. L. 1947, p. 818), and an Act approved February 11, 1960 (Ga. L. 1960, p. 2060), so as to provide that the governing authorities shall have the power to abolish and recreate the Board of Police Commissioners; to provide that the mayor and council shall have the power to appoint the members of the police force under certain conditions; to provide that in the event there is no marshal appointed for said city, the chief of police or any other member of the police force which the mayor and council may designate shall possess all the rights, powers, duties, and responsibilities conferred by said charter on the marshal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the City of Monroe, in the County of Walton, and define

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its limits; to provide for a mayor and council and other officers of said city and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance and for other purposes, approved December 3, 1896 (Ga. L. 1896, p. 212), as amended, particularly by an Act approved July 28, 1911 (Ga. L. 1911, p. 1407), an Act approved March 26, 1947 (Ga. L. 1947, p. 818), and an Act approved February 11, 1960 (Ga. L. 1960, p. 2060), is hereby amended by striking section 15 in its entirety and substituting in lieu thereof the following: Board of police commissioners. Section 15. The mayor and council of the City of Monroe are authorized to create a Board of Police Commissioners. Said governing authority is further empowered to abolish said board at any time they shall determine that it is in the best interest of the City of Monroe to do so. And, once having abolished said board, they may at any time thereafter exercise the authority herein granted to establish the Board of Police Commissioners. The mayor and council shall have the power to determine the number of commissioners, to fix their term of office, their compensation, their duties, their powers, their qualifications and to do all other acts, deemed by said mayor and council to be necessary in the creation and operation of a police commission for said City of Monroe subject, however, to the provisions of this Act. The individuals selected to serve as commissioners shall be qualified voters of said city. The terms of office of the commissioners shall be for three years and until their successors are elected and qualified. At the expiration of the terms of any of the commissioners the mayor and council shall elect a commissioner for a term of three (3) years; provided, however, that vacancies caused by death, resignation, or removal shall be filled by said mayor and council for the unexpired term. The commissioners so appointed shall have the power and authority to appoint a marshal and policeman for said city and to designate a chief of police and assistants; to determine the number of policemen; to fix their compensation; to terminate their services, with or without cause. Said Board of Police Commissioners shall, in general, have charge of the police department of said city. The funds

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necessary for the operation of said commission shall be paid to said board by the mayor and council. Said board shall make a quarterly report to the mayor and council of all receipts and disbursements and of such other matters as they deem proper, or said mayor and council may require. Said commissioners shall be amenable to said mayor and council and subject to removal from office by them for neglect of their duty or malfeasance in office. In the event the mayor and council elect to exercise the powers conferred herein the marshal of said city shall be appointed by said Board of Police Commissioners. All the duties of the marshal as set forth in said charter of the City of Monroe, as amended, shall be discharged by the marshal so appointed by said board. The marshal in discretion of said board may be designated as chief of police. In the event the mayor and council elect not to exercise the authority to appoint a Board of Police Commissioners as herein conferred, the mayor and council shall appoint a chief of police and such other members of the police force as they deem necessary for the good order and protection of the City of Monroe and shall have the authority to discharge any policeman with or without cause. In the event that there is no marshal appointed by the city governing authorities, all of the rights, powers, duties, and responsibilities conferred by this charter upon the marshal shall be vested in the chief of police, or in such other member of the police force as the mayor and council shall designate. The mayor shall have control over the police force so elected by the governing authority of said city. In the event of any vacancy occurring on the police force, the mayor shall have the authority to make a temporary appointment to fill the vacancy until such time as the mayor and council shall meet in order to act on said vacancy. The mayor shall have the authority to appoint special policemen when in his judgment a need arises therefor, who shall serve in any emergency until their services are terminated by the mayor or the mayor and council. The salaries of the mayor and councilmen of the City

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of Monroe shall be fixed by them at their first meeting after their election and shall be entered on their minutes not to be changed during their term of office; provided, the salary of the mayor shall in no year exceed the sum of $1,200.00. They shall also elect a clerk and treasurer and appoint all other officers necessary for carrying out the provisions of this charter, and fix their compensation as soon as practicable. The clerk and treasurer may be elected from among the councilmen, or any other citizen of the city may be elected, and the same person shall be eligible to hold at the same time the offices of clerk, treasurer, tax-receiver and tax-collector. The mayor and council may provide for taking bond and security from each of said officers, and prescribe an oath of office to be administered to them respectively. Salaries. Clerk and Treasurer. Bonds. 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 1961 session of the General Assembly of Georgia a Bill to amend the city charter of Monroe, Georgia, so as to provide that the mayor and council shall appoint the members of the city police force; to provide that in the event there shall be no marshal for the City of Monroe, the chief of police or such other member of the city police force as the mayor and council shall designate shall possess all of the rights, powers, duties and responsibilities of the city marshal as is conferred upon said marshal by the city charter; and for other purposes. This 14th day of January, 1961. /s/ John Lee Phililps, Representative, Walton County 3-4-5

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Georgia, Walton County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, Sanders Camp, publisher of The Walton Tribune, who being duly sworn on oath says that the above and foregoing notice of intention to introduce local legislation was published in The Walton Tribune, the newspaper in which the sheriff's advertisements for Walton County are published, once a week for three weeks in said paper on January 18th, 1961; January 25th, 1961; and February 1st, 1961. /s/ Sanders Camp Sworn to and subscribed before me, this 6th day of February, 1961. /s/ Virginia A. Bagwell Notary Public, Walton Co., Ga. (Seal). Approved March 28, 1961. CITY OF MACONAUTHORITY TO CLOSE ALLEY. No. 208 (House Bill No. 553). 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 Orange Street Lane in square 82 of said city between High Street and High Street Lane; and, after closing this portion of said alley, to convey the same to Philip F. Powell, the owner of adjoining lot 6 in square 82 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 as follows:

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Section 1. The City of Macon, through its governing authority, is hereby authorized and empowered to close for street purposes, all that portion of the ten-foot alley known as Orange Street Lane in square 82 of said city between High Street and High Street Lane, the portion of said alley to be closed being more particularly described as a ten-foot alley lying between lots 6 and 7 of square 82, commencing at High Street and running in a southwesterly direction a distance of 210 feet, more or less, to the intersection with a 20 foot public alley known as High Street Lane. After this portion of said ten-foot public alley is closed for street purposes, the City of Macon is further authorized to convey the same to Philip F. Powell, the owner of adjoining lot 6 in square 82. The powers hereby granted are not intended to supersede those which are found in the chapter of the City of Macon but are intended to be in addition to said powers. 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 a notice of intention to apply for the passage of this Act together with the affidavit of the author of the Act to the effect that said notice has been published as provided by law. Notice of Intention to Apply for Local Legislation Notice is hereby given that the City of Macon intends to apply for the passage of the following local legislation at the 1961 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 10 foot public alley known as Orange Street Lane located in square 82 of said City and lying between lots 6 and 7 thereof, and being more particularly described as beginning at the intersection of said 10 foot alley with High Street and running in a southwesterly direction a distance of 210 feet, more or less, to the intersection

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with a 20 foot public alley known as High Street Lane; and, after closing this portion of said alley, to convey the same to Philip F. Powell, the owner of adjoining lot 6 in square 82. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of the State of Georgia of 1945. This the 15th day of December, 1960. /s/ Buckner F. Melton, City Attorney, City of Macon Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of the following local legislation at the 1961 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 10 foot public alley known as Orange Street Lane located in square 82 of said city and lying between lots 6 and 7 thereof, and being more particularly described as beginning at the intersection of said 10 foot alley with High Street and running in a southwesterly direction a distance of 210 feet, more or less, to the intersection with a 20 foot public alley known as High Street Lane; and, after closing this portion of said alley, to convey the same to Philip F. Powell, the owner of adjoining lot 6 in square 82. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the constitution of the State of Georgia of 1945. This the 15th day of December, 1960. /s/ Buckner F. Melton, City Attorney, City of Macon.

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State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and County, June R. Whitehead, who deposes and says that she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates. December 23, 1960, December 30, 1960, January 6, 1961. /s/ June R. Whitehead Sworn to and subscribed to before me, this 6th day of January, 1961. /s/ Hugh P. Harper Notary Public, Georgia, Bibb County. My Commission expires Feb. 12, 1962. (Seal). Georgia, Bibb County. Personally appeared before the undersigned attesting officer, Phil Taylor, a Representative from Bibb County, who on oath deposes and says that he is the author of the within and foregoing local bill; that the attached instrument entitled Notice of Intention to Apply for Local Legislation is a true and correct copy of a notice which was published in the Macon News on December 23, 1960, December 30, 1960, and January 6, 1961, each such publication being in a separate week and all three publications being during a period of 60 days preceding the introduction of this Act in the General Assembly of Georgia, and that the Macon News is a newspaper of general circulation in Bibb County in which sheriff's advertisements are published. /s/ Phil Taylor

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Sworn to and subscribed before me, this 21st day of February, 1961. /s/J. Taylor Phillips, Notary Public, Bibb County, Georgia. My Commission expires March 12, 1962. (Seal). Approved March 28, 1961. CITY OF SMYRNACHARTER AMENDED. No. 209 (House Bill No. 522). An Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2591), and an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), an Act approved February 13, 1956, (Vol. 2, p. 2265), and an Act approved March 5, 1957 (Ga. L. 1957, Vol. 2, p. 2540), and an Act approved February 11, 1958 (Ga. L. 1958, Vol. 2, p. 2032), and also an Act approved March 25, 1959 (Ga. L. 1959, Vol. 2, p. 3217), and also an Act approved March 17, 1960, (Ga. L. 1960, Vol. 2, p. 2505) so as to increase the corporate limits of the City of Smyrna, and so as to amend the civil service provisions of the charter of the City of Smyrna, as amended, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955, as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2591), and an Act approved March, 4, 1955 (Ga. L. 1955, p. 2656), and an Act approved February 19, 1956 (Ga. L. 1956, Vol. 2, p. 2265), and an Act approved March 5, 1957 (Ga. L. 1957, Vol. 2, p. 2540), and an Act approved

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February 11, 1958, (Ga. L. 1958, Vol. 2, p. 2032), and an Act approved March 25, 1959, (Ga. L. 1959, Vol. 2, p. 3217), and an Act approved March 17, 1960, (Ga. L. 1960, Vol. 2, p. 2505), is hereby amended by adding a new section to be known as section 4(h), which shall be inserted between section 4(g) and 5 of said Act as amended, and which shall read as follows: Section 4(h). 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), 4(e), 4(f) and 4(g) of this Act, as amended, all of the area embraced within the following described parcels and tracts of land: Parcel One All that tract or parcel of land lying and being in land lots 336, 337, 384, and 385 of the 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the east right of way of Cooper Lake Road four hundred fifty-nine and six tenths (459.6) feet northeasterly from the center line of Reed Road in land lot 336 and running thence southeasterly (S-63 20[UNK] E.) a distance of nine hundred ninety (990) feet to a point; thence east a distance of one hundred fifty-nine (159) feet to a point and corner; thence south a distance of one hundred ten (110) feet to a point and corner; thence east a distance of one hundred fifty (150) feet to a point and corner; thence south a distance of ninety (90) feet to a point and corner on the north right of way line of Reed Road; thence easterly along the north right of way line of Reed Road a distance of two hundred (200) feet to a point and corner at the west line of land lot 408; thence north (N 01 23[UNK] E) along the west line of land lots 408 and 409 a distance of fourteen hundred sixteen (1416) feet to a point and corner; thence northwesterly (N 87 43[UNK] W) a distance of thirteen hundred fifty-eight and six tenths (1358.6) feet to a point and corner at the east right of way of Cooper Lake Road;

Page 2573

thence in a southwesterly direction along the east right of way of said Road a distance of eight hundred fourteen (814) feet to the point of beginning. Corporate limits. Parcel Two All that tract or parcel of land lying and being in the southwest corner of land lot 347 of the 17th district, 2nd section of Cobb County, Georgia. Said property being a part of the property described and recorded in deed book 346, page 414, of Cobb County records, and being more particularly described as follows: Beginning at an iron pin located at the northwest intersection of South Cobb Drive and Jones Shaw Road and running thence west along the north side of Jones Shaw Road a distance of one hundred twenty-five (125) feet to a point and corner; thence running northwesterly a distance of one hundred twenty (120) feet to a point and corner; thence running east a distance of one hundred twenty (120) feet to a point on the west right of way line of South Cobb Drive; thence running southeasterly along the west right of way line of South Cobb Drive a distance of one hundred twenty-five (125) feet to an iron pin and the point of beginning. Parcel Three All that tract or parcel of land laying and being in land lot 345 of the 17th district, 2nd section of Cobb County, Georgia, and more particularly described as follows: Beginning at a point located on the west side of South Cobb Drive right-of-way where the north line of land lot no. 345 intersects with the west side of the South Cobb Drive right-of-way; thence running south southeasterly along the west side of the South Cobb Drive right-of-way for a distance of 700 feet more or less to an iron pin and corner; thence running westerly along an established fence line south 89 degrees 18 minutes west for a distance of 1038 feet to an iron pin and corner located on the east side of Old Concord Road right-of-way;

Page 2574

thence running northerly along the east side of Old Concord Road right-of-way for a distance of 656.2 feet more or less to the north line of said land lot no. 345; thence easterly along the north line of land lot no. 345 for a distance of 787 feet to the west side of South Cobb Drive right-of-way and the point of beginning. This property is bounded on the east by the South Cobb Drive right-of-way, on the west by Old Concord Road right-of-way, on the north by the north land lot line of land lot no. 345, and on the south by a fence recognized and established as the southern boundary. Parcel Four All that tract or parcel of land lying and being in land lot 347 of the 17th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located at the northeastern intersection of right-of-way of Jones Shaw and Old Concord Roads and running thence in a northerly direction along the right-of-way of Old Concord Road for a distance of 165 feet to a pin; thence easterly for a distance of 142 feet to a pin; thence southerly for a distance of 165 feet to the right-of-way of Jones Shaw Road; thence in a westerly direction along right of way of said Jones Shaw Road for a distance of 142 feet to the point of beginning, same being property of the Belmont Medical Center Co., Inc. Parcel Five All that tract or parcel of land lying and being in land lot 346 of the 17th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of south side of Jones Shaw Road and the west right of way of South Cobb Drive; thence south 87 5[UNK] west for a distance of 93 feet along the south side of said Jones Shaw Road to a point

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and corner; thence south 3 50[UNK] east for a distance of 172.5 feet to a point and corner; thence north 86 5[UNK] east for a distance of 151 feet to a point and corner on the west side of the right of way of South Cobb Drive; thence north 22 35[UNK] west along the west side of the right of way of South Cobb Drive for a distance of 180.2 feet to the point of beginning. Parcel Six All that tract or parcel of land lying or being in land lot 526, 17th district, 2nd section, Cobb County, Georgia and being lot 1 of the W. M. Reed property according to a plat made by Marble J. Hensley dated August 23, 1954 and recorded in Cobb County Records, more particularly described as follows: Beginning at an iron pin at the southwest corner of the intersection of Daniel Street and Lee Street; thence in a westerly direction 185 feet along the south side of Daniel Street to an iron pin; thence in a southerly direction 100 feet to an iron pin; thence easterly 185 feet to the west side of Lee Street and an iron pin; thence northerly along the west side of Lee Street 100 feet to the point of beginning. Parcel Seven All that tract or parcel of land lying in land lot 554, 17th district, 2nd section of Cobb County, Georgia, being known and designated as lots 1, 2 and 6, block j of Hickory Hills subdivision and being more particularly described as follows: Beginning at an iron pin at the northeast intersection of Twin Oaks Drive and Ashwood Drive and running thence east for a distance of 385[UNK] to an iron pin on the nothern side of Ashwood Drive; running thence in a northwesterly direction a distance of 178.4[UNK] to an iron pin; thence in a northeasterly direction a distance of 75[UNNK] to an iron pin thence in a northwesterly direction a distance of 153.1[UNK] to an iron pin; thence in a westerly direction

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for a distance of 85[UNK] to an iron pin located in the south-east intersection of Twin Oaks Drive and a future street; thence in a southwesterly direction of 382.3[UNK] to the point of beginning. This tract being known as lots 1, 2 and 6, Block J of Hickory Hills subdivision. Parcel Eight All that tract or parcel of land lying and being in land lots 597, 598 and 599 of the 17th district, 2nd section of Cobb County, Georgia, more particularly described as follows: Beginning at a point located at the southeast corner of said land lot 599; thence running northerly along the east land lot line of land lots 599, 598 and 597 for a distance of 3410 feet to the existing city limits of the City of Smyrna; thence running westerly along said city limits line for a distance of 660 feet to a point and corner; thence running southerly parallel to the east land lot lines of land lots 597, 598 and 599 for a distance of 3410 feet to the south land lot line of land lot 599; thence running easterly for a distance of 660 feet along said south land lot line to the southeast corner of land lot 599 and the point of beginning. Parcel Nine All that tract or parcel of land lying and being in land lots 554, and 599 of the 17th district, 2nd section of Cobb County, Georgia, more particularly described as follows: Beginning at an iron pin at the northwest corner of land lot 599; thence east along the north land lot line 645.84 feet to an iron pin; thence south along a line which forms an interior angle of 90 5[UNK] with the last described course for 1,311.54 feet to an iron pin on the south line of land lot 599; thence running west along the south line of land lots 599 and 554 for 1045.1 feet to an iron pin which is located 934.51 feet east, as measured along the south land lot line of land lot 554, from the

Page 2577

southwest corner of land lot 554; thence northwesterly along a line which forms an interior angle of 105 12[UNK] with the last described course for 123.7 feet to the iron pin; thence continuing northwest along the line which forms an interior angle of 180 55[UNK] with the last described course of 52.8 feet to an iron pin on the east side of Twin Oaks Drive; thence northeast, north and northwest along the east, southeast and northeast side of Twin Oaks Drive for 1,034 feet to an iron pin on the northeast side of Twin Oaks Drive; thence northwesterly along said Twin Oaks Drive for 52.5 feet to an iron pin at the southwest corner of lot 3, block G, Hickory Hills subdivision, unit one; thence northwest along the northeast side of said lot 3 for 139.2 feet to an iron pin on the north line of land lot 554, said iron pin being located 130 feet east of the northeast corner of lot 3; thence east along the north land lot line of land lot 554 for 272.2 feet to the point of beginning. There are excepted from the above, however, lots 1, 2 and 6, Block J, Hickory Hills Subdivision. This is the same property conveyed to Fred G. Fett, Jr. and Stanley P. Myerson by warranty deed dated December 18, 1957, recorded in deed book 429, page 150, Cobb County records. Section 2. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2591), and an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), and an Act approved February 13, 1956 (Ga. L. 1956, Vol. 2, p. 2265), and an Act approved February 11, 1958, (Ga. L. 1958, Vol. 2, p. 2032), and an Act approved March 25, 1959, (Ga. L. 1959, Vol. 2, 3217), and an Act approved March 17, 1960, (Ga. L. 1960, Vol. 2, p. 2505), is further amended by amending the following paragraphs of section 77 of said charter of the City of Smyrna, as amended, in the following particulars: Paragraph 1 . Paragraph 1. (b), section 77 of the charter of the City of Smyrna, as amended, is stricken in its entirety and the following paragraph to be known

Page 2578

and designated as Paragraph 1. (b), section 77 of the charter of the City of Smyrna, as amended, is substituted in lieu thereof:: Paragraph 1 (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 through the Civil Service Board of the city to the mayor and council as hereinafter provided. Upon receipt of such petition, the Civil Service Board shall immediately forward same with their recommendation to the mayor and council for approval or disapproval. The action taken by the mayor and council upon any such petition shall be duly recorded in the minutes of their proceedings and when approved by said body, the members of the petitioning departments 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, suspension, termination and status of the members thereof, including the head of said department, shall be in accordance with the provisions of this Act and any rules and regulations promulgated to implement it. Civil Service. Paragraph 2 . Paragraph 5, section 77 of the charter of the City, as amended, is stricken in its entirety and the following paragraph to be known and designated as paragraph 5, section 77 of the charter of the City, as amended, is substituted in lieu thereof: Paragraph 5. The Civil Service Board shall make rules and regulations to carry out the purposes of this Act, and for examination, appointments and removals in accordance with its provisions, and the board may, from time to time, make changes in such rules subject to their approval by the mayor and council of the city. 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

Page 2579

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, as provided above, make rules and regulations relating to the eligibility for promotion. The chiefs of the fire and police departments and the heads 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 three (3) days from the date of the order for 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 said department shall have authority to suspend, with or without pay, and to discharge any member or members of their respective departments for cause. Upon so doing, a report of such discharge or suspension shall be filed with the Civil Service Board of the city by the department head within three (3) days of the suspension or discharge action taken by him. Any employee who has been so suspended or discharged by his department head shall have the right to have such suspension or discharge reviewed at a public hearing before the Civil Service Board of the city upon filing with the board a written request for a hearing within three (3) days from the date of such suspension or discharge. After such hearing the board shall have authority either to reinstate, demote, suspend, with or without pay, or to discharge the employee under such conditions as the board may determine. Upon receipt of a written request from an employee who is covered by the civil laws and regulations of the city or from the department head under whom such employee works, seeking a public hearing by the Board with respect to any matter affecting such employee's status or employment with the city, the Civil Service Board shall hold a hearing within seven (7) days from the date such request was received by the clerk of said Civil Service Board to dispose of the matters in question; provided, however, that such hearing

Page 2580

may be postponed at the request of the employee or the department head or any member of the board until a later date to be fixed by the board, but in any event such hearing shall be held within fourteen (14) days after receipt of the initial request for a hearing. 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. Paragraph 3 . Paragraph 11, section 77 of the charter of the City of Smyrna, as amended, is stricken in its entirety and the following paragraph to be known and designated as paragraph 11, section 77 of the charter of the City of Smyrna, as amended, is substituted in lieu thereof: Paragraph 11. Except as provided in paragraph 5 of this Act, as amended, 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 public hearing in his own defense before the Civil Service Board. The charges shall be served upon such person at least five (5) days before the date fixed for the 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, who shall be a member of the Bar of the State of Georgia, to represent

Page 2581

him at the hearing before said board or such person may represent himself at any hearing before the board if he desires to do so. 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 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 (5) days, any person wilfully failing or refusing to obey such subpoena. The Civil Service Board shall render a decision within ten (10) days after any hearing held by it pursuant to this Act and notice of the decision reached by the board shall be given in writing by the clerk of the board to the mayor and council of the City of Smyrna and to the affected employee as soon as such decision has been reached by the board. Discharge, etc. of employees. Paragraph 4 . Paragraph 17, section 77 of the charter of the City of Smyrna, as amended, is stricken in its entirety and the following paragraph to be known and designated as paragraph 17, section 77 of the charter of the City of Smyrna, as amended is substituted in lieu thereof: Paragraph 17. No officer or employee or member of said fire or police department or any other department brought under this Act, shall, within the corporate limits of the City of Smyrna, solicit orally or by letter or otherwise or be in any manner concerned in or with soliciting a vote or votes, or receiving any assessment or subscription or contribution for any candidate for municipal, county, State or Federal office. Any such employee may, however, engage in whatever political activity he may desire to undertake during his off duty hours outside the corporate limits of the City of Smyrna. Employees not to engage in politics. Section 3. Be it further enacted, that all Acts and parts of Acts regarding the charter of the City of Smyrna,

Page 2582

or any amendments thereof, in conflict with this Act be, and the same are hereby repealed. Section 4. 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 city, as now incorporated, and all rules, ordinances, and regulations of said town, not in conflict with this Act, shall be and remain in full force and effect. Section 5. Be it further enacted, that in the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall be and remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. The legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional. Severability. Georgia, Cobb County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brooks P. Smith, who, on oath, deposes and says that he is Publisher of the Marietta Daily Journal and the Cobb County Times, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, the official organ of Cobb County, in its editions for the following dates: December 30, 1960 and January 6th and 13th, 1961. /s/ Brooks P. Smith, Publisher Marietta Daily Journal and Cobb County Times. M-2044

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Notice is hereby given that there will be introduced at the January-February 1961 session of the General Assembly of Georgia, a Bill to amend the charter of the City of Smyrna (Ga. L. 1931, p. 955, et. seq.) as heretofore amended, and for other purposes. This 29th day of December, 1960. /s/ G. Conley Ingram, Attorney for City of Smyrna. 12: 30; 1: 6, 13. Sworn to and subscribed before me, this 27th day of January, 1961. /s/ Thelma Kemp Notary Public, Cobb County, Georgia My Commission expires Oct. 19, 1963. (Seal). Approved March 28, 1961. CITY OF NORCROSSCORPORATE LIMITS, REFERENDUM. No. 210 (House Bill No. 578). An Act to amend an Act creating a new charter for the City of Norcross, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2741), so as to extend 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 Norcross, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2741), is hereby amended by adding to the end of section 2 of said Act, the following:

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The Corporate limits of said City of Norcross shall also include the following described territory, to wit: All that tract or parcel of land lying and being in the 6th land district of Gwinnett County, Georgia, comprising all of land lots 223, 224 and those portions of land lots 242, 243, 244, 245, 253, 255, 272, 273, 274 and 284 which are not, prior to the passage of this Act, within the corporate limits of the City of Norcross, Georgia. A more particular description of the area is as follows: Beginning at the intersection of the original lines at the common corner of land lots 274, 275, 282 and 283; thence running easterly, along the original land lot line between land lots 274 and 283, 273 and 284, to a point on said original land lot line 649 feet westerly from the common corner of land lots 272, 273, 284 and 285; thence running north 35 degrees 38 minutes west, a distance of 667.5 feet to a made corner; thence running north 58 degrees 48 minutes east, a distance of 685.3 feet to a made corner; thence running south 32 degrees 18 minutes east 669.5 feet to the common corner of intersection of the original land lot lines between land lots 272, 273, 284 and 285; thence running easterly, along the original land lot line between land lots 272 and 285, to the common corner of land lots 285, 286, 271 and 272; thence running southeasterly, along the original land lot line between land lots 271 and 272, 255 and 256, 241 and 242, to the common corner of land lots 241, 242, 225 and 226; thence running southwesterly, along the original land lot line between land lots 225 and 242 to the common corner of land lots 224, 225, 242 and 243; thence running southeasterly, along the original land lot line between land lots 224 and 225 to the common corner of land lots 214, 215, 224 and 225; thence running southwesterly, along the original land lot line between land lots 215 and 224, 216 and 223, to the common corner of land lots 216, 217, 222 and 223; thence running northwesterly, along the original land lot lines between land lots 222 and 223, 244 and 245 to the point where said original land lots line intersects the southwestern right-of-way of U. S. Highway No. 23; thence running westerly, along the south side of said right-of-way of said

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U. S. Highway No. 23, to the point of intersection of the original land lot line between land lots 245 and 246 with said southern right-of-way of U. S. Highway No. 23; thence running northwesterly, along the original land lot line between land lots 245 and 246, to the common corner of land lots 245, 246, 251 and 252; thence running easterly, along the original land lot line between land lots 245 and 252 to the common corner of land lots 244, 245, 252 and 253; thence running northwesterly, along the original land lot line between land lots 252 and 253, 274 and 275, to the common corner of land lots 274, 275, 282 and 283, the point of beginning. Corporate limits. Section 2. Before this Act shall become effective, there shall be held in accordance with the procedure hereinafter set forth, two elections to determine the question of whether this Act shall become of force and effect. One election shall be held by the City of Norcross and another election shall be held within that area of militia district no. 406 (Pinckneyville) located in Gwinnett County and to be affected by section 1 of this Act. Not less than thirty (30) nor more than sixty (60) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of Norcross and the justice of the peace of militia district no. 406 to issue the call for an election for the purpose of submitting this Act for approval or rejection. The mayor and council shall set the date for such election in conjunction with the said justice of the peace of militia district no. 406 for a Saturday not less than fifteen (15) nor more than forty-five (45) days after the date of the issuance of the call. The mayor and council shall cause the date and the purpose of the election to be published once a week for three weeks immediately preceding the date thereof in the official gazette wherein are published sheriff's legal advertisements in Gwinnett County. The ballots shall have printed thereon the words: For approval of the Act extending the corporate limits of the City of Norcross. Referendum.

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Against approval of the Act extending the corporate limits of the City of Norcross. All those qualified persons desiring to vote in favor of the Act shall vote for approval and those qualified persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast in the City of Norcross election and if a majority of the votes cast in the affected area of militia district no. 406 by this Act are for approval of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on such question in either area are for approval, then this Act shall be void and of no force and effect. The expense of such elections shall be borne by the City of Norcross. Insofar as the election to be held in the City of Norcross is concerned, it shall be the duty of the mayor and council to hold and conduct such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the mayor and council to canvass the returns and declare the result thereof to the Secretary of State. The election in militia district no. 406 shall be held at the regular polling place of said district. The justice of the peace of militia district no. 406 shall hold the election in said area. Said justice of the peace may appoint such election managers as he deems necessary to conduct said election. The election managers shall be residents of the area to be affected by this Act in militia district no. 406 who are qualified to vote in elections for members of the General Assembly and who are freeholders within said area. It shall be the duty of the registrars of the City of Norcross to prepare a list of those persons who are qualified to vote in said election and to certify the list to the election managers five (5) days prior to the election. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that the mayor and council of the City of Norcross will apply to the General Assembly of Georgia, at the January, 1961, session, to amend an Act creating a new charter for the City of Norcross, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2741, 2765), so as to authorize the extension of the corporate limits of said city, so as to annex certain areas now outside said corporate limits; to provide for a referendum; and for other purposes. This 16th day of January, 1961. /s/ W. L. Maloney, Mayor City of Norcross, Georgia. 14-3t-c Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Handsel Morgan and Earl P. Story, who, on oath, depose and say that they are representatives 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 19, 26 and February 2, 1961. /s/ Handsel Morgan, /s/ Earl P. Story, Representatives, Gwinnett County. Sworn to and subscribed before me this 21st day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved March 28, 1961.

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HENRY COUNTY WATER AUTHORITY. No. 211 (House Bill No. 575). An Act to create the Henry County Water Authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, governmental agencies and municipalities; to provide funds for initial survey of the water sheds and proposed project; to confer powers and impose duties on the Authority; to provide for the membership of the Authority, their tenure of office and their compensation; to authorize the Authority to contract with others pertaining to the water utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue certificates of the Authority payable from the revenues of the Authority from tolls, fees, charges and earnings of the Authority and to pay the cost of such undertakings and projects and to authorize the collection and pledging of the revenues and earnings of such Authority for the payment of such certificates; to authorize said Authority to establish a sewer system or systems in said county so as to vest in the Henry County Water Authority the same powers, jurisdiction and authority it has by virtue of this Act, so as to vest such Authority with the same powers and authority with reference to a sewer system or systems as it may have to establish, operate and maintain a water system; to provide that all of the acts of said Authority shall be approved by the county governing authority; to provide for the separate enactment of each of the provisions of this Act, and to provide that the rights and powers conferred by this Act shall be cumulative and in addition to the existing laws; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the County of Henry shall have the

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right, power and authority to operate, build and maintain a waterworks system, together with the right to acquire lands, construct waterworks facilities, including projects embracing sources of water supply and related facilities; to sell water and its related facilities to individuals, private concerns, governmental agencies and municipalities and counties of this State and to further authorize the said County of Henry to accept franchises for that purpose granted by other municipalities and by counties of this State to said County of Henry. Authority of county. Section 2. The powers granted by this Act shall authorize the County of Henry to lay or construct water mains and water distribution systems both within and without the limits of said county, and to issue water revenue-anticipation certificates for such purposes as may be authorized by law. Powers. Section 3. The said County of Henry shall have the right, power and authority to exercise police powers over the entire water system and shall have the right and authority to make rules and regulations governing the construction, operation, and maintenance, extension and connections with any water main within or without the limits of said county and shall have the right and authority to require all users of water who connect with the water mains to install proper meters and make connections in accordance with the rules and regulations provided therefor and shall have the right and authority to refuse to sell or furnish water to any person, firm, county, corporation or municipality who fails or refuses to comply with such rules and regulations as may be promulgated for the operation of said water system. Nothing contained herein shall be construed as requiring the county to furnish water to any consumer if in the discretion of said county it is not deemed feasible or desirable to do so. Same. Section 4. The said water system is to be constructed, maintained and operated for and on behalf of said county by a sixteen man board known as the Henry County Water Authority which shall be composed of the following citizens

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of said county to-wit: R. P. Lambert, Walker McGarity, D. A. Hood, J. D. Walker, Marion Moore, T. M. Steele, C. J. Lindsy, J. D. Burke, Linsey Maddox, Howell Gardner, J. C. Chafin, J. T. Mays, J. R. Firebaugh, Claude Walden, Perry Foster, Bernard Knowles, Jr., to serve a term of six years, and until their successors are selected. They shall organize and elect themselves a chairman, vice-chairman, and secretary, and shall report their actions to the grand jury for said county meeting at the July term of the superior court of said county. They shall have the right to fill any vacancies that may occur on said board prior to the regular expiration of a regular term. All terms shall begin and end on the first day of April, and the grand jury of Henry County shall appoint their successors at the end of any regular term. A majority of said board shall constitute a quorum for the transaction of business, and they shall have the right to meet whenever they shall deem it for the best interest of said Authority. Notice of such meeting shall be given each member in writing at least three days before such meeting, and a majority of said board or the chairman may call such meeting upon giving the required notice. The officers of said board shall serve at the pleasure of said board. Members of the board shall receive $7.50 per meeting, payable out of the earnings of said Authority, or any initial funds the Authority may have in possession. Authority created. Section 5. Said board shall have general supervision and control over the entire water system or systems that may be constructed and placed in operation for said county, together with the right to expand or curtail such operations as it may deem advisable. The board shall regulate and provide for the use of its water, fix the time, place and rates for such usage, and in default may cause such services to be discontinued until all arrears are fully paid, and may issue executions for any amount that may be past due and the secretary or clerk of said board is hereby authorized and empowered to issue execution therefor, which may be levied and collected as other executions. The board shall have power to construct, alter, expand and maintain such water system with the funds made

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available to it by the county governing authority by the issuance and sale of bonds, or revenue-anticipation certificates issued by said county, and by funds arising from the operation of said water system. The Authority shall have the right to join with the county in the issuance of revenue-anticipation certificates and pledge the revenues of the Authority to the payment of any such certificates so issued. Powers of Authority. Section 6. The board is hereby charged with the duty of collection for all services rendered by said water system of said county and is hereby required to keep money so collected in a bank or banks as may be required by the county governing authority. Any person handling any of such funds shall be required to give a surety bond in such amount as may be required by said board and approved by the county governing authority. The board at all times shall maintain a schedule of fees, rates and tolls for the services of said water system as shall be sufficient to retire any revenue certificates, or other indebtedness incurred in the construction, maintenance, operation, and expansion of said water system, and to provide for any reserves and funds required to be maintained by the county in connection with the issuance of any such revenue certificates, together with sufficient amounts to pay the current operating costs of such water system. Any funds accumulated in excess of those required for the above purposes and not needed in the operation, maintenance, and expansion of such system, shall be transferred to the county governing authority to retire any general obligation water bonds that may be outstanding and any excess over the payments that may be due on such bonds shall be used by said county for any legal purposes for which taxes may be levied or expanded. Same. Section 7. The board shall have power to employ or discharge its employees at its pleasure. It shall make quarterly reports to the county governing authority of all monies it has received and expenditures made in the operation of said water system. Employees. Section 8. The governing authority of Henry County

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shall transfer five thousand ($5,000.00) dollars out of any funds to the Henry County Water Authority that they may have or they may come into possession of in the future. Said governing authority shall transfer the above stated funds by May 1, 1961, to be used for the initial survey of water sheds and proposed projects and for meeting expenses for members of the Authority. Funds. Section 9. The said Henry County Water Authority is hereby authorized to construct a county sewerage system in said county, and all rights conferred to said board to construct, operate, and maintain a water system for said county and to join with the county in the issuance of revenue-anticipation certificates for that purpose, shall likewise apply the construction operation and maintenance of a sewerage system for said county. Sewerage system. Section 10. Any water or sewerage systems that may be constructed under the provisions of this Act shall be construed to be property of Henry County, and nothing in this Act shall be construed to limit the said County of Henry in issuing bonds, revenue certificates or any other means of financing as are now or hereafter recognized by law for the development of such water or sewerage facilities. The powers and rights conferred by this Act shall be cumulative to the powers and rights that now exist. Intent. Section 11. The term county governing authority used in this Act shall be construed to mean the regularly elected commissioner or commissioners of roads and revenues of said county. Definition. Section 12. Be it further enacted by the authority aforesaid that if any section, portion, provision, sentence, paragraph, or part of this Act shall be held invalid, the whole of this Act shall not become void, but only so much of the same as may be declared void. Severability. Section 13. 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.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward E. McGarity, who, on oath, deposes and says that he is representative from Henry County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Advertiser, which is the official organ of said county, on the following dates: Jan. 19, 26, Feb. 2, 1961. /s/ Edward E. McGarity, Representative, Henry County. Sworn to and subscribed before me this 21st day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a Bill to create the Henry County Water Authority and to authorize such Authority to acquire, construct, operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, governmental agencies and municipalities; to provide funds for initial survey of the water sheds and proposed project; to confer powers and impose duties on the Authority; to provide for the membership of the Authority and their tenure of office and their compensation; to authorize the Authority to contract with others pertaining to the water utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or certificates of the Authority payable from the revenues, tolls, fees, charges and earnings

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of the Authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or certificates and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to make bonds or certificates of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds and certificates to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide for the validation of such bonds or certificates; to authorize said Authority to establish sewer system or systems in said county, so as to vest in the Henry County Water Authority the same powers, jurisdiction, and authority with reference to the Henry County sewer system which the said Henry County Water Authority has by virtue of this Act with reference to the Henry County water system; to provide that said Water Authority shall be separate and distinct from the office of commissioner of roads and revenues of said county; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes. This 16th day of January 1961. /s/ Edward E. McGarity, Representative, Henry County. Approved March 28, 1961.

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CITY OF GAINESVILLEAD VALOREM TAXES. No. 212 (House Bill No. 547). An Act to amend the charter of the City of Gainesville and to amend Act No. 194 (Ga. L. 1951) with respect to dates for returning and paying ad valorem taxes in the City of Gainesville, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same as follows: Section 1. Act 194 of Ga. Laws 1951, pages 2612-2615 is hereby repealed in its entirety. 1951 Act repealed. Section 2. Section 30 of Act No. 426, Ga. Laws 1922, pages 834-867 shall read as follows: Section 30. All persons owning property within the city limits of the City of Gainesville shall be subject to pay an ad valorem tax to said city thereon, and the lien for said tax shall attach as of January 1st in each year. The taxable property within the limits of said city shall have a value for taxation placed thereon by three free-holders who are citizens and residents of the city. The value to be fixed shall be the fair market value on January 1st of each year. The three tax assessors above provided for shall be appointed by the city manager, which appointments shall have the approval of the city commission. All personal property shall be returned to the city by the owner thereof on or before the 31st day of March in each year, and upon failure to make such return the owner of such property shall be liable for a penalty of 20% of the city taxes finally charged against said property. The tax assessors of the City of Gainesville shall complete the assessment of all property subject to ad valorem taxation not later than the 1st day of May of each year. One-half of all ad valorem taxes owed by every tax payer of the city shall become due and payable on the 1st day of July of each year and the remaining one-half

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of all ad valorem taxes owed by every tax payer of the city shall become due and payable on November 1st of each year. Any tax payer failing to pay said ad valorem taxes when due shall be charged a penalty of one dollar ($1.00) plus eight per cent (8%) interest from the due date until paid. After November 1st of each year the books for the collection of taxes shall be closed; and on the next day following tax executions shall be issued as provided for in the preceding section; it shall be the duty of the city manager to see that said executions are promptly collected, the provisions herein respecting collection of same being mandatory, and a failure to properly perform the duties devolving on any city officer with reference to the collection of said taxes shall be grounds for immediate dismissal of the officer or officers who shall fail to perform their duties in this regard. Said unpaid tax for which executions are issued shall bear interest at the rate of eight per centum per annum; and in addition thereto, the cost for issuing, levying and settling such executions shall be the same as allowed the tax collectors, constables and sheriffs of this State for like services; such costs, however, to be paid into the treasury of the City of Gainesville. Section 3. All laws or parts of laws in conflict with this Act are hereby expressly repealed. Georgia, Fulton County. W. M. Williams personally appeared before the undersigned officer who is authorized to administer oaths and after being duly sworn deposes and says that he is a representative from Hall County to the General Assembly of Georgia and that the attached copy of Notice of Local Legislation Changing the Charter of the City of Gainesville, Georgia was published in the Daily Times, which

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is the official organ of Hall County, Georgia, on the following dates, January 20th, January 25th, and February 1st, 1961. /s/ W. M. Williams, Representative, Hall County, Ga. Sworn to and subscribed before me this 21 day of February, 1961. /s/ Frances H. Kilpatrick, Notary Public. (Seal). Notice of Local Legislation Changing the Charter of the City of Gainesville, Georgia. Notice is hereby given that application will be made at the 1961 session of the General Assembly of Georgia which convened in January 1961 for the passage of local legislation to: (1) Amend the charter of the City of Gainesville; (2) Change the corporate limits of the City of Gainesville by annexing thereto a portion of U.S. Highway No. 129, property acquired and to be acquired by the City of Gainesville for public school purposes, and such other property adjacent thereto as may be requested in writing by the owners thereof to be annexed to the City; (3) Amend Act No. 194 (Ga. L. 1951) with respect to dates for returning and paying ad valorem taxes in the City of Gainesville. City of Gainesville, By: William A. Pratt, Secretary to City Commission. Approved March 28, 1961.

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CITY OF DUBLINCITY MANAGER, REFERENDUM. No. 213 (House Bill No. 506). An Act to amend an Act creating a new charter for the City of Dublin, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, so as to provide for the appointment of certain city officers; to provide their powers, duties, and responsibilities; to provide the procedure connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Dublin, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, is hereby amended by adding at the end thereof a new article to be known as article IV and to read as follows: Article IV . Section 1. Notwithstanding any other provisions of this chapter to the contrary, the powers, duties, and responsibilities for the management of the municipal affairs of the City of Dublin shall be vested in the officers herein designated and created. Section 2. At the first meeting of the mayor and board of aldermen after this Act becomes law as provided for herein, they shall choose a city manager, a city attorney, a city recorder, a city clerk, and a treasurer. The clerk and the treasurer may be the same. They shall also choose a board of trustees of the public library, a board of tax assessors, a city planning commission, and a board of zoning appeals. They may at any time fill any vacancies that occur in any of the above offices. The officers and employees elected or chosen by the mayor and board of aldermen shall receive such compensation, take such oath, and, when required, give such bond as may be fixed by the mayor and board of aldermen.

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Section 3. The city manager shall be the chief executive officer and the head of the administration branch of the city government. The city manager shall be chosen by the mayor and board of aldermen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At the time of his appointment, he need not be a resident of the city or State, but during his tenure of office he shall reside within the city. No person elected to membership on the board of aldermen or as mayor shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected. City Manager. The city manager shall be appointed for an indefinite term but may be removed by a majority vote of the mayor and board of aldermen. At least thirty (30) days before such removal may become effective, the city manager shall be furnished with a formal statement in the form of a resolution passed by a two-thirds (2/3) vote of the entire membership of the mayor and board of aldermen, stating their intention to remove him and the reasons therefor with reasonable particularity. The city manager may reply in writing to such resolution. If so requested by the city manager, the mayor and board of aldermen shall fix a time for a public hearing upon the question of his removal. The final resolution removing the city manager shall not be adopted until such public hearing has been had. Upon passage of a resolution stating their intention to remove the city manager, the mayor and board of aldermen may suspend him from duty, but his pay shall continue until his removal shall become effective as herein described. The action of the mayor and board of aldermen in removing the city manager shall be final. In case of the absence or disability of the city manager, the mayor and board of aldermen may designate a qualified administrative officer of the city to perform the duties of the city manager during such absence or disability. (a) The city manager shall receive such compensation

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as may be prescribed by ordinance of the mayor and board of aldermen. Salary. (b) The city manager must devote all of his working time and attention to the affairs of the city, and shall be responsible to the mayor and board of aldermen for the efficient administration of all of the affairs of the city over which he has jurisdiction. Duties. (c) The city manager shall have power and it shall be his duty: (1) To see that all laws and ordinances are enforced. (2) To appoint a marshal or chief of police, a superintendent of water and light plant, and such other officers and employees as may be necessary or proper: Provided, that excepted from this power of appointment are those officers and employees who by this Act are appointed or elected by the mayor and board of aldermen, the city school board, and the officers and employees of the schools. (3) To remove employees employed by him without the consent of the mayor and board of aldermen and without assigning any reason therefor; provided, nothing herein shall operate or confer upon the city manager supervision and control over the city planning commission, board of zoning appeals, the school board, trustees of the public library, city attorney, city clerk, or board of tax assessors. (4) To exercise supervision and control of all departments and all divisions created by this charter, or that may hereafter be created by the mayor and board of aldermen, except as otherwise provided for in this Act. (5) To attend all meetings of the mayor and board of aldermen with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings. (6) To recommend to the mayor and board of aldermen

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the adoption of such measures as he may deem necessary or expedient. (7) To make and execute all lawful contracts except as otherwise provided for herein, with the approval of the city clerk on behalf of the city as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the mayor and board of aldermen, provided that no contract, purchase, or obligation involving over five hundred ($500.00) dollars shall be valid and binding until after approval of the mayor and board of aldermen. (8) To act as budget commissioner with such committee as the mayor and board of aldermen may appoint to prepare and submit to the mayor and board of aldermen prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amount alloted to each department of the city government and the reasons for such estimated expenditures. (9) To keep the mayor and board of aldermen at all times fully advised as to the financial condition and needs of the city. (10) To make a full written report to the mayor and board of aldermen on the first of each month showing the operations and expenditures of each department of the city government for the preceding month. (11) To fix all salaries and compensation of city employees lawfully employed by him. (12) To perform such other duties as may be prescribed by this Act, or required by ordinance or resolution of the mayor and board of aldermen. (13) The city manager shall be the purchasing agent for the city by whom all the purchases of supplies for departments under his control, as herein provided, and all contracts for printing shall be made, and he shall approve

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all vouchers for same; Provided, that all contracts or agreements made by him requiring the expenditure of money to the amount of five hundred ($500.00) dollars or more shall be approved by the mayor and board of aldermen. In the capacity of purchasing agent, he shall conduct all sales of personal property which the mayor and board of aldermen may authorize to be sold, and which have become unnecessary or unfit for the city's use; all such sales shall conform to such regulations as the mayor and board of aldermen may from time to time prescribe. In any case of purchase or sale, if an amount in excess of five hundred ($500.00) dollars be involved, opportunity for competition shall be given. (14) The city manager, before entering upon the discharge of his duties, shall give bond in the penal sum of at least twenty thousand ($20,000.00) dollars to be fixed and approved by the mayor and board of aldermen (the premium of which shall be paid by the city), payable to the City of Dublin, and its successors, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and any of the public, by reason of his default, misfeasance, malfeasance, or nonfeasance in the performance of his duties. Bond. Section 4. Neither the mayor nor board of aldermen nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees whom the city manager is authorized to appoint or remove. Except for the purpose of inquiry, the mayor and board of aldermen shall deal with such officers and employees solely through the city manager, and neither the mayor nor the board of aldermen shall give orders to any subordinate of the city manager either publicly or privately. Employees. Section 2. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and board of aldermen to issue the call

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for an election for the purpose of submitting this Act to the voters of the City of Dublin for approval or rejection. The mayor and board of aldermen shall set the date for such election as the first Wednesday in August 1961. The mayor and board of 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 Dublin. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act creating a city manager for the City of Dublin. Against approval of the Act creating a city manager for the City of Dublin. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1962. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of Dublin. It shall be the duty of the mayor and board of 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 board of 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. County of Laurens, State of Georgia. I, W. H. Champion, editor and publisher of the Dublin, Georgia, Courier-Herald, the official organ of Laurens County in which the advertisements of the Sheriff's sales

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are published, do certify that the attached is a true and accurate copy of notice of intention to introduce local legislation, said notice having been published on December 24, 1960, December 31, 1960 and January 7, 1961. This the 7th day of January, 1961. /s/ W. H. Champion, Editor and Publisher, Dublin, Ga., Courier-Herald. Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which convenes in January, 1961 for the passage of a Bill amending the charter of the City of Dublin creating the office of city manager for the City of Dublin; providing for the duties and powers of such office; authorizing the mayor and board of aldermen to employ a city manager; to provide an effective date thereof and for a referendum submitting said Act to the voters of the City of Dublin for their approval or disapproval; to repeal conflicting laws, and for other purposes. /s/ W. H. Lovett, Representative, Laurens County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Herschel Lovett, who, on oath, deposes and says that he is representative from Laurens County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Courier-Herald, Dublin, Georgia, which is the official organ of said county, on the following dates: December 24, 1960, December 31, 1960, and January 7, 1961. /s/ W. H. Lovett, Representative, Laurens County.

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Sworn to and subscribed before me this 23rd day of February, 1961. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My commission expires Oct. 19, 1964. (Seal). Approved March 28, 1961. CITY OF POWDER SPRINGSCORPORATE LIMITS. No. 214 (House Bill No. 523). An Act to amend an Act incorporating the City of Powder Springs, approved August 5, 1920 (Ga. L. 1920, p. 1437), as amended, particularly by an Act approved February 17, 1960 (Ga. L. 1960, p. 2123), so as to change 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, particularly by an Act approved February 17, 1960 (Ga. L. 1960, p. 2123), is hereby amended by adding a new section to be known as section 1 (c) which shall read as follows: Section 1 (c). There shall be included in the corporate limits of the City of Powder Springs, in addition to the area described in section 1 (a) and section 1 (b), all the area embraced within the following described parcel and tract of land: All that tract or parcel of land lying and being in original land lots 722, 723, 758, 759, 796 and 797, of the 19th district, 2nd section of Cobb County, Georgia, being

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a portion of the property shown on a plat prepared by J. P. Phillips, Surveyor, dated September 9, 1944, and being more particularly described as follows: Beginning at an iron pin where the south side of a county road, known as Macedonia Road, intersects the west line of land lot 723; running thence south 1 degree east along the west lines of land lots 723, 758, and 797 for a distance of 2355 feet, more or less, to an iron pin located on the north line of the present city limits; thence north 88 degrees 30 minutes east along the present city limits and other property for a distance of 1442 feet to an iron pin; thence north 1 degree west 427 feet, more or less, to an iron pin at the southeast corner of land lot 758; thence south 72 degrees 45 minutes east for a distance of 82 feet; thence south 86 degree 45 minutes east 300 feet; thence north 79 degrees 45 minutes east 500 feet; thence east 300 feet; thence south 71 degrees east for a distance of 154 feet to an iron pin; thence north 0 degrees 30 minutes west for a distance of 240 feet to an iron pin; thence north 10 degrees 15 minutes west for a distance of 1295 feet to an iron pin; thence north 32 degrees 45 minutes west for a distance of 520 feet to an iron pin; thence north 15 degrees 45 minutes west for a distance of 368 feet to an iron pin where the center line of Wild Horse Creek intersects the south side of Macedonia Road; thence in a southwesterly and westerly direction along the south side of said road to 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 President of Times-Journal, Inc., Publisher of the The Marieetta 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

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published in said newspaper on the following days, to wit: January 13, January 20, and January 27, 1961. /s/ Brooks P. Smith. Sworn to and subscribed before me, this 3rd day of February, 1961. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My Commission Expires Sept. 13, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1961 session of the General Assembly of Georgia, a bill to amend the charter of the City of Powder Springs (Ga. L. 1920, p. 1437 et seq.) as heretofore amended, and for other purposes. This 13th day of January, 1961. /s/ E. W. Teague, /s/ Joe Mack Wilson, /s/ Harold S. Willingham, Cobb County Representatives. 1: 13, 20, 27 Approved March 28, 1961.

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CATOOSA COUNTYCLERICAL HELP FOR SHERIFF'S OFFICE. No. 217 (House Bill No. 588). An Act to amend an Act providing for a clerical assistant to the sheriff of Catoosa County; to provide for said clerk's compensation; and for other purposes, approved January 5, 1959 (Ga. L. 1959, p. 3022), so as to provide for the method of payment of said clerical assistant; the duties of said clerical assistant; 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. That an Act to provide for a clerical assistant to the Sheriff of Catoosa County; to provide for said clerk's compensation; to repeal all conflicting Acts; and for other purposes, approved March 10, 1959 (Ga. L. 1959, p. 3022) is hereby amended by striking section 1 of said Act and substituting in lieu thereof a new section 1 which shall read as follows: Section 1. The sheriff of Catoosa County is authorized to employ a clerical assistant at a salary of $1800.00 per annum, payable $150.00 at the end of each calendar month, payable out of the county funds of Catoosa County, Georgia. Said clerical assistant shall be on duty in the office of the sheriff of Catoosa County, Georgia, at least four days of each week and shall keep such records pertaining to the sheriff's office. Any allowance payable under this Act shall be paid directly to the person performing such clerical duties, and no person performing such clerical duties for the sheriff shall be related to said sheriff closer than the fifth degree of consanguinity or affinity. Section 2. This Act shall become effective on approval of said Act. Section 3. All laws, parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1961 session of the General Assembly of the State of Georgia, a Bill to amend the Act providing for a clerical assistant to the sheriff of Catoosa County, approved March 10, 1959, (Ga. L. 1959, p. 3022), so as to provide for the method of payment of said clerical assistant; to provide for the duties of said clerical assistant; to provide for an effective date; repeal all conflicting laws, and for other purposes. This 10th day of January, 1961. /s/ Joe T. Clark, Representative, Catoosa County, Georgia. 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 following dates: January 12, 1961; January 19, 1961; January 26, 1961. /s/ Ned Lee. Sworn to and subscribed before me, this the 11th day of February, 1961. /s/ Freida B. Boyles. Notary Public. (Seal). Approved March 28, 1961.

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CITY OF ACWORTHCORPORATE LIMITS. No. 218 (House Bill No. 521). An Act to amend an Act establishing a new charter for the City of Acworth approved August 17, 1903, (Ga. L. 1903, p. 413 et. seq.), so as to extend the present corporate limits of said city to include therein certain territory in the County of Cobb contiguous and adjacent to the north and east boundaries thereof; as amended in (Ga. L. 1959, p. 2420 et. seq.); defining the boundaries of said territory; providing, that when said territory shall become a part of said city, the proper authorities may make assessments of property located in said territory for the purposes of taxation; providing that the laws of said City of Acworth, after the inclusion of said territory for the purposes of taxation; providing that the laws of said City of Acworth, after the inclusion of said territory, shall apply to said territory, including all city ordinances previously passed, all ordinances as to voters qualifications, tax assessments, taxation, qualifications for eligibility for holding office, the issuance of licenses for business and all other statutes and ordinances of the City of Acworth. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the corporate limits of said City of Acworth are hereby extended beyond its present boundaries as now defined as to include the following territory, to-wit: Tract One : All that tract or parcel of land lying and being in land lots 10, 29, 30, 47, and 48 of the 20th district and 2nd section of Cobb County, Georgia, being more particularly described as follows: Beginning at a point in said land lot 47 where the center line of Cowan Road intersects the northeasterly side of Hickory Grove Road; run thence southeasterly along the northeasterly side of Hickory Grove Road for a distance

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of 442 feet to a point and corner; thence north for a distance of 210 feet to a point and corner at the south line of said land lot 29; run thence north 89 degrees 40 minutes east along the south line of said land lot 29, for a distance of 1,030 feet to a point and corner; thence north 0 degrees 30 minutes east for a distance of 1855 feet to a point and corner; thence north 89 degrees 30 minutes east to the east line of said land lot 29; run thence north along the east line of land lot 29 for a distance of 526 feet to the northeast corner of said land lot 29; thence continuing north along the east line of said land lot 10 for a distance of 1162.3 feet to an iron pin, point and corner; thence west at an interior angle of 89 degrees 26 minutes for a distance of 668.4 feet to a point and corner on the southeasterly side of Cowan Road; run thence southwesterly along the southeasterly side of Cowan Road for a distance of 1,037.5 feet to a point and corner; thence southeasterly at an interior angle of 70 degrees 03 minutes for a distance of 202.7 feet to a point and corner; thence southwesterly at an exterior angle of 85 degrees 49 minutes for a distance of 682 feet to a point and corner on the northeasterly right of way of a Georgia Power Company tower line; thence southeasterly along the northeasterly right of way of said Georgia Power Company tower line for a distance of 397 feet, more or less, to an iron pin marking the south line of lot 17, unit 1, Pinehurst subdivision, according to a plat of same prepared by J. P. Phillips, surveyor, dated May 27, 1960; run thence south 89 degrees 30 minutes west to the west line of said land lot 29; thence south along the west line of said land lot 29 for a distance of 1472 feet to a point and corner; thence south 23 degrees west and on a line coinciding with the center line of Cowan Road, for a distance of 485 feet to the northeasterly side of Hickory Grove Road and the point of beginning. Parcel Two : All that tract or parcel of land lying and being in land lots nos. 7 and 8 of the 20th district and 2nd section of Cobb County, Georgia, being 8.5 acres, shown as property of W. V. Robertson and John W. Davis, according to a

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plat of same prepared by J. P. Phillips, surveyor, dated March 16, 1959, being more particularly described as follows: Beginning at an iron pin on the west side of Bartow Road in said land lot 8, which marks the southeasterly corner of property now or formerly belonging to Jim Blasingame, as shown on said plat; run thence west at an interior angle of 91 degrees 25 minutes for a distance of 223.6 feet to an iron pin, point and corner; thence north at an interior angle of 87 degrees 00 minutes with the last course for a distance of 336 feet to an iron pin, point and corner; thence west at an interior angle of 89 degrees 14 minutes for a distance of 590 feet to an iron pin, point and corner; thence south at an exterior angle with the last course of 89 degrees 14 minutes for a distance of 539 feet to an iron pin, point and corner; thence east at an interior angle of 90 degrees 27 minutes for a distance of 798 feet to the west side of Bartow Road; thence north along the west side of Bartow Road for a distance of 177 feet to the iron pin at the point of beginning. Section 2. The jurisdiction of the City of Acworth, the municipal corporation aforesaid, is hereby extended over all of the territory included within the boundaries above-described in section 1 of the Act, and the power and authority of said municipality under the present charter and ordinances and all laws appertaining to said municipality are hereby extended over and made effective in each part of the territory covered and included within the limits of said municipality as extended in section 1 of this Act. The power and authority of the officers of said municipality and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality are made co-extensive with the limits as extended by section 1 of this Act. The power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due, as now prescribed

Page 2613

by the charter and ordinances of said municipality, are extended to all of the limits included under the terms of section 1 of this Act. All citizens owning property and residing within the limits of the territory described in said section 1 of this Act shall be eligible for voting and for holding office under the terms and conditions set out in the present charter of the City of Acworth upon compliance with the terms of said charter. Said new territory is likewise made subject to all bonds heretofore issued by the City of Acworth, and is bound for the payment of bonds generally with the former territory of said municipality. Section 3. Notice of intention to apply for the enactment of this Act was published in the manner prescribed by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, that there is hereto attached and made a part of this Act, a copy of notices certified by the publisher of the newspaper in which the sheriff's advertisements for Cobb County, Georgia, are published to the effect that said notices have been published as provided by law. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. 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, a newspaper and the official organ of Cobb County, Georgia, in which sheriff's advertisements are published, and that the following is a true and correct copy of a notice of intention to apply for local legislation which notice was published in said newspaper in issues dated January 13, 20, and 27, 1961:

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1961 session of the General Assembly of Georgia, a Bill to amend the charter of the City of Acworth (Ga. L. 1903, p. 413 et seq.) as heretofore amended, for the purpose of extending the corporate limits of said city and for other purposes. This 11th day of January, 1961. /s/ Harold S. Willingham, /s/ Joe Mack Wilson, /s/ E. W. (Bill) Teague, Representatives, Cobb County, Ga. This 28th day of January, 1961. /s/ Brooks P. Smith, Publisher Marietta Daily Journal. Sworn to and subscribed before me, this 28th day of January, 1961. /s/ Thelma Kemp, Notary Public, Cobb County, Georgia, My Commission Expires October 19, 1963. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1961 session of the General Assembly of Georgia, a Bill to amend the charter of the City of Acworth (Ga. L. 1903, p. 413 et seq.) as heretofore amended, for the purpose of extending the corporate limits of said City and for other purposes.

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This 11th day of January, 1961. /s/ Harold S. Willingham, /s/ Joe Mack Wilson, /s/ E. W. (Bill) Teague, Representatives, Cobb County, Ga. 1: 13, 20, 27; 2: 3 Approved March 28, 1961. EMERITUS OFFICES AUTHORIZED FOR DEPARTMENT HEADS IN COUNTIES HAVING POPULATION OF MORE THAN 500,000 PERSONS. No. 219 (House Bill No. 510). An Act authorizing county commissioners or other governing authorities of counties having a population of more than 500,000 according to the last or any future federal decennial census to create by appropriate resolution in the government of such counties emeritus offices for retired heads of departments of said county government; to fix the terms and conditions on which such heads of departments may qualify; to fix the salaries to be paid to such emeritus officers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That this Bill shall have application to all counties in the State of Georgia having a population of more than 500,000, according to the last or any future federal decennial census. Counties where applicable. Section 2. That the county commissioners or other governing authorities of all such counties shall have the

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power and authority to create by appropriate resolution emeritus offices for retired heads of departments of said county, subject to the conditions hereinafter set forth. For the purpose of this Act, the director of public welfare of such counties shall be deemed a county employee. Emeritus offices. Section 3. The salaries to be paid to such emeritus officers shall not exceed the sum of $3600.00 per year, which sum may be divided into monthly, semi-monthly or bi-weekly payments and shall be in addition to any pension or other retirement benefits which such retired department head may be entitled to receive. Salaries. Section 4. Such department heads emeritus shall serve the county in an advisory capacity when requested to do so by any succeeding active department head or by the governing authorities of such county. Duties. Section 5. This Act shall be applicable to department heads who retired during the year immediately preceding the passage of this Act and to such heads of departments who may retire in the future from active service under any retirement or pension plan in force in the government of such county and who shall have reached the age of sixty-five years at the time of such retirement and who shall have been in active service in the county for twenty-five years, eight of which shall have been served as a department head. The term of office shall be the remainder of their lives or until they resign from the emeritus office. Qualifications. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1961.

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TOWN OF TEMPLEVOTER REGISTRATION. No. 223 (House Bill No. 512). An Act to amend the Act approved November 23, 1907, creating and adopting a new charter for the Town of Temple; and all Acts amendatory thereof, so as to provide: for requirements of qualified voters; for the requirement of registration book; for the closing date of said registration of qualified voters, 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 that from and after the passage of this Act, the charter granting corporate authority to the Town of Temple, Georgia, is hereby amended, revised and changed as hereinafter provided and set forth. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, from and after the passage of this Act no person shall be eligible to vote in any election, whether it be special, general or primary, held for any office in the Town of Temple, unless he shall have attained the age of 18 years on or before the date of said election; has resided in the Town of Temple, Georgia, at least 6 months prior to the date of said election; has registered to vote in the Town of Temple, and had his name placed upon the registration book for qualified voters in the Town of Temple. Voter qualification. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the Authority aforesaid, from and after the passage of this Act, the Town of Temple shall maintain a registration book for the registering of qualified voters in the Town of Temple, Georgia; said registration book shall be closed thirty days prior to the date of any election, and to be qualified to vote, a person must register with the Town of Temple and his name placed on said registration

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book at least thirty days prior to the date of any election in which said person presents himself to vote. Registration book. Section 3. That copy of notice of intention to apply for this local legislation and affidavit showing publication of such notice, as required by law, are attached hereto and made a part of this Bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia, of 1945, and Acts amendatory thereto relating to publication and notice of intention to apply for passage of this local legislation have been complied with for the enactment of this law. Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. Affidavit. Georgia: Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian, legal organ for Carroll County. The following dates, to-wit: January 26, February 2, February 9, 1961. Sworn to on the 9th day of February, 1961. /s/ Stanley Parkman, Publisher. Sworn to and subscribed to before me, on the 9th day of February, 1961. /s/ Martha Sue Lambert, Notary Public. (Seal). Notice of Local Legislation of Town of Temple. Notice is hereby given there will be introduced at the 1961 session of the General Assembly of the State of

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Georgia, a Bill to amend the charter of the Town of Temple, Georgia, to provide for requirements of qualified voters; for the requirement of registration book; for the closing date of said registration of qualified voters in the Town of Temple, and for other purposes. Town of Temple, By /s/ Olin Johnson, Mayor. Notice of Local Legislation of Town of Temple. Notice is hereby given there will be introduced at the 1961 session of the General Assembly of the State of Georgia, a Bill to amend the charter of the Town of Temple, Georgia, to provide for requirements of qualified voters; for the requirement of registration book; for the closing date of said registration of qualified voters in the Town of Temple, and for other purposes. Town of Temple, By Olin Johnson, Mayor. Approved March 28, 1961. CITY OF ATLANTAEMERITUS OFFICES OF BOARD OF EDUCATION. No. 224 (Senate Bill No. 143). 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 the State of Georgia, and it is hereby enacted by authority of the same, that the Act described in the caption to this Act be and the same is hereby amended, as follows: Section 1. A copy of notice of intention to apply for

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this local legislation and an affidavit showing the publication of such notice, as required by law, are attached hereto and made a part of this Bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. The Board of Education of the City of Atlanta is authorized and empowered to create by resolution in the Board of Education of the City of Atlanta emeritus offices for retired heads of departments of said Board, subject to the conditions hereinafter set forth. The salaries to be paid such emeritus officers shall not exceed the sum of $3,600.00 per year, which sum may be divided into monthly, semi-monthly or bi-weekly payments and shall be in addition to any pension which such retired department head may be entitled to receive. Such department heads emeritus shall serve the Board in an advisory capacity when requested to do so by any succeeding active department head. Emeritus offices, salaries. Section 3. The Board of Education of the City of Atlanta is authorized and empowered to provide by resolution that the heads of the various departments of the Board of Education of the City of Atlanta, upon retirement from active service under any retirement or pension plan in force and applicable to the officers and employees of the Board of Education of the City of Atlanta and who shall have reached the age of sixty-five years and shall have been in active service of the Board of Education of the City of Atlanta for twenty-five years, eight of which shall have been served as a department head, shall immediately become emeritus officers of said Board of Education in and for their respective departments. They shall serve in their respective emeritus offices for the remainder of their lives or until they resign therefrom. This Act shall apply to both present and future heads of departments of said Board of Education and to any department head who may have retired as of December

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31, 1960, and shall apply to the superintendent of schools who retired from office as such during the year 1960. Qualifications. Section 4. Acceptance of an appointment to an emeritus office shall not prevent the person so accepting such office from holding an office elective or appointive in the federal state or county government so long as such employment shall not interfere with his duties as provided by this Act. Same. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. COBB COUNTYTAXES IN SEWAGE DISTRICTS. No. 225 (Senate Bill No. 163). An Act to amend an Act approved February 24, 1955, entitled An Act to provide for the establishement of sewage districts in Cobb County pursuant to constitutional provisions relative thereto; to provide that the governing authority of Cobb County may establish and administer sewage districts and may operate and maintain sewage disposal systems therein; to provide for an election for a determination as to a tax levy in such districts; to provide for the issuance of bonds; to provide for a tax in the event bonds are issued; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. by deleting from line 3 of section 5 the word real; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. That An Act to provide for the establishment

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of sewage districts in Cobb County pursuant to unconstitutional provisions relative thereto; to provide that the governing authority of Cobb County may establish and administer sewage districts and may operate and maintain sewage disposal system therein; to provide for an election for a determination as to a tax levy in such districts; to provide for the issuance of bonds; to provide for a tax in the event bonds are issued; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. is hereby amended by striking from line 3 of section 5 the word real which appears after the word the and before the word property as it appears in the aforesaid Act (Ga. L. 1955, pp. 2441-2445), so that said section 5 when so amended shall read as follows: Section 5. In any sewage district which votes for levying such taxes, the governing authority of Cobb County may levy up to five mills on the property located in such district. The homestead exemption granted by Article VII, Section I, Paragraph IV, of the Constitution of Georgia and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of such taxes. The funds collected under this levy shall be used for sewage disposal purposes in the sewage district only in which such funds are collected and not in any other sewage district of Cobb County. Section 2. All laws and parts of laws in conflict with the Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961.

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FULTON COUNTYCIVIL SERVICE BOARDCOUNTY AGENT. No. 226 (Senate Bill No. 79). An Act to amend an Act entitled An Act to create a civil service board in Fulton County to provide for the appointment and removal of members of said board and their qualifications, term of office, and salaries; to prescribe the duties of the civil service board; to provide to what employees the provisions of this Act should be applicable; to provide for the classification and qualification of employees; to provide for a minimum, intermediate and maximum salary schedule for qualified employees..... and for other purposes approved March 15, 1943 (Ga. L. 1943, p. 971) as heretofore amended so as to eliminate the county agent from the classified section of civil service; to permit persons residing in any county contiguous to Fulton County to become or continue as a member of Fulton County Civil Service if otherwise qualified; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act entitled An Act to create a civil service board in Fulton County to provide for the appointment and removal of members of said board and their qualifications, term of office, and salaries to prescribe the duties of the civil service board; to provide to what employees the provisions of this Act should be applicable to provide for the classification and qualification of employees; to provide for a minimum, intermediate, and maximum salary schedule for qualified employees..... and for other purposes approved March 15, 1943 (Ga. L. 1943, p. 971) and the several Acts amendatory thereof be further amended as follows: Section I. The Fulton County Agricultural Agent shall from the date of the approval of this Act become a member of the unclassified section of Fulton County Civil Service. County Agent.

Page 2624

Section II. Persons residing in counties contiguous to Fulton County may become or continue as members of the Fulton County Civil Service if otherwise qualified. Members. Section III. A copy of notice of intention to apply for this local legislation and an affidavit or 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 of the requirements of the Constitution of Georgia relating to the publication of notice of intention to apply for passage of this local legislation have been complied with for the enactment of this law. Section IV. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. CARROLL COUNTYTAX COMMISSIONER'S COMPENSATION. No. 227 (Senate Bill No. 87). An Act to amend an Act creating the office of tax commissioner of Carroll County, approved July 28, 1931 (Ga. L. 1931, p. 405), as amended, particularly by an Act approved March 17, 1956 (Ga. L. 1956, p. 3504), so as to provide for a change in the yearly salary of the tax commissioner; to provide for a change in the amount of compensation to be paid to the tax commissioner for clerical assistance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Carroll County, approved July 28, 1931 (Ga.

Page 2625

L. 1931, p. 405), as amended, particularly by an Act approved March 17, 1956 (Ga. L. 1956, p. 3504), is hereby amended by striking from section 2 of said Act the figures $4800.00 and $5100.00 and inserting in lieu thereof the figures $5400.00 and $5700.00 respectively, so that said section when so amended, shall read as follows: Section 2. The tax commissioner shall perform all the duties which are now performed by the tax receiver and tax collector of Carroll County, and shall be paid the sum of $5,400.00 per annum, in equal monthly installments on the first day of each month from the general funds of Carroll County. In addition thereto, said tax commissioner shall receive monthly from the general funds of Carroll County seven cents (.07) per mile for the use of his personal automobile in making his rounds. The tax commissioner shall be paid the sum of $5,700.00 per annum for employing clerical assistance in the office of said tax commission, to be paid in equal monthly installments from the general funds of Carroll County. The county commissioners of Carroll County are hereby authorized to levy and collect a tax upon all the property of said county to pay the salary so fixed. Salary clerical help. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. CITY OF EAST POINTCHARTER AMENDED. No. 228 (Senate Bill No. 88). An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several Acts amendatory thereof; and for other purposes.

Page 2626

Be it enacted by the General Assembly of the State of Georgia: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for each of the three (3) calendar weeks next preceding the introduction of this Bill in the General Assembly, and once a week for three (3) weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly, and a copy of such notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law is attached hereto and made a part of this Bill. Section 2. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that Section 42 of an Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429, et seq.), as amended, reading as follows: Section 42. The personnel department of said city shall consist of a personnel director, a personnel board composed of five members and such other officers and employees as the city council shall provide for by ordinance. Three members of said board shall be appointed from the city at large by the mayor with the advice and consent of the city council, and one member shall be chosen from among the Classified personnel by a majority of such classified personnel. The chairman of the city council's committee on personnel shall serve as the fifth member of said board. Each member of said board appointed by the mayor shall serve a term of three (3) year, except the terms of the first members appointed, which shall be staggered one, two and three years. The term of the first members appointed by the mayor shall be fixed in their respective appointments, and shall end on the first day of January in the years 1958, 1959 and 1960, so that annually thereafter one member shall be

Page 2627

appointed on the first of January for a three year term. The term, time, place and method for the Classified personnel to select their member of the personnel board shall be prescribed by ordinance. The personnel board now in existence is abolished and the terms of its members terminated. be and the same is hereby repealed, and the following enacted in lieu thereof: Section 42. The personnel department of said city shall consist of a personnel director and a personnel board, which board shall consist of the mayor and the councilman whose term next expires in each ward. Such department shall also consist of such other officers and employees as the city council shall provide for by ordinance. Personnel department. Section 3. Be it further enacted by the authority aforesaid that Section 49 of said Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429 et seq.), be and the same is hereby amended to provide that discipline of Classified personnel shall be final and conclusive against the City of East Point only when it is imposed in an ordinance or resolution of the city council of East Point, by striking said section 49, as amended, and by substituting in lieu thereof the following: Section 49. The discipline of `Classified' personnel shall be final and conclusive against such personnel unless a written appeal is filed therefrom within five (5) days from the date such discipline begins, but no decision, order, resolution, ruling or finding shall be final or conclusive against the City of East Point unless it is included in an ordinance or resolution of the city council of East Point. No discipline, demotion, removal, or discharge of a member of the `Classified' personnel shall be of any force or effect unless it is in writing in the form of a judgment, letter, notice, order, ordinance or resolution, or other appropriate form, dated and signed by the mayor, or other officer or employee administering or imposing it; provided, that a certified copy of an ordinance

Page 2628

or resolution of the city council of East Point, or any other duly authorized agency, with the date it is certified and the signature of the officer certifying the same shall be used, and a copy of which written discipline, demotion, removal, or discharge shall, on his or her request, be furnished the officer or employee so disciplined, but it shall not be necessary to furnish such disciplined officer or employee any further notice unless nor until such written request therefor is served in person, within five (5) days from the date such discipline begins, on the mayor or head of the department in which such discipline is imposed. Discipline of classified personnel. 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. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. CITY OF ATLANTASALARY OF INSPECTOR OF BUILDINGS. No. 229 (Senate Bill No. 138). 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

Page 2629

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. Effective March 1, 1961, the salary of the Inspector of Buildings shall be $12,298.00 per annum. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. ACT PROVIDING PENSIONS FOR MEMBERS OF FIRE DEPARTMENTS IN CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONSAMENDED. No. 230 (Senate Bill No. 42). An Act to amend an Act approved August 13, 1924, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the United States census of 1920 and any subsequent censuses (Ga. L. 1924, pp. 167-173), and the several Acts amendatory thereof; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173), providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the

Page 2630

United States census of 1920, and any subsequent census, and the several Acts amendatory thereof, be and the same is hereby further amended, as follows: Section 1. When any person covered by the provisions of this Act shall die as a result of injuries incurred in the line of duty, the compensation to which he would have been entitled shall be continued for one year and paid to his widow or minor children, if no widow. Death benefits. Section 2. At the expiration of the one-year period referred to in the preceding paragraph, the widow of such deceased person shall be entitled to a minimum pension of $150.00 per month until she remarries or until her death. Pension for widow. Section 3. The compensation and pension benefits for the widow provided by this Act shall terminate upon her remarriage or her death. Same. Section 4. The compensation and pension benefits provided by this Act shall be continued to the minor child or children upon the death or remarriage of the widow until the youngest child shall have become sixteen years of age. Children. Section 5. The pension benefits provided by this Act shall be in lieu of like pension benefits provided by this Act as amended and shall not be in addition thereto except as to compensation and amount of the pension herein provided. Intent. Section 6. The provisions of this Act shall apply retroactively to July 1, 1960. Effective date. Section 7. 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. Severability.

Page 2631

Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1961. ACT PROVIDING PENSIONS FOR EMPLOYEES OF CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONS, AMENDED. No. 232 (Senate Bill No. 160). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.) providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent Census, shall furnish pensions to officers and employees of such cities and for other purposes set forth in the caption of said Act and the several sections amendatory thereof, and in particular to further amend the amendment to said Act approved March 13, 1957 (Ga. L. 1957, pp. 3272 et seq.), so as to provide an additional period of time within which said officers and employees of the city affected may make application for the credit provided for in subparagraph 3 of section 5 of said amendment approved March 13, 1957. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended as follows: Section 1. Any person desiring to receive credit by reason of having been employed by the State of Georgia or a political subdivision thereof prior to his employment by such city, all as contemplated by section 5 and the subsections thereof of the Amendment approved March 13, 1957, shall, from and after the approval of this amendment, have a period of six (6) months within

Page 2632

which to make application for credit for such prior service. Applications for prior service credit. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1961. WHITFIELD COUNTYCONTRACTS. No. 234 (Senate Bill No. 71). An Act to amend an Act to create the office of commissioner of roads and revenue of the County of Whitfield, approved July 27, 1929 (Ga. L. 1929, p. 763), as amended by an Act approved February 12, 1945 (Ga. L. 1945, p. 587), an Act approved February 5, 1953 (Ga. L. 1953, p. 2145), and an Act approved March 4, 1955 (Ga. L. 1955, p. 2748), by deleting that portion of section 17 thereof which regulates employment of certain persons; by clarifying the provisions as to contracting with such persons; by repealing conflicting laws; 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 Act creating the office of the commissioner of roads and revenue of the County of Whitfield, approved July 27, 1929, (Ga. L. 1929, p. 763), as amended by an Act approved February 12, 1945 (Ga. L. 1945, p. 587), an Act approved February 5, 1953 (Ga. L. 1953, p. 2145), and an Act approved March 4, 1955 (Ga. L. 1955, p. 2748), is amended by striking section 17 thereof in its entirety and by inserting in lieu thereof the following: Sec. 17. Be it further enacted by the authority aforesaid, that it shall be unlawful for said commissioner to

Page 2633

contract with any person related to him by blood or marriage within the third degree, which shall be determined by civil law, for any equipment, material, or supplies, or for any work to be done on the public roads, bridges, or other works of the county, where such is let on contract basis, except when bids are received for equipment, material, or supplies, or for work to be done on public roads, bridges, or other works of the county, upon full specifications and due advertisement in regard thereto, and a person related to the commissioner submits a bid and is the lowest bidder therefor. Posting of notice at the court-house door of said court for ten days, or publication of the same in one issue of the official newspaper of the county, shall be considered due advertisement. The commissioner shall have the right, however, to reject any and all bids; and it shall likewise be unlawful for said commissioner to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense, account transportation, or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county, or the awarding of any contract of said county; and if any commissioner shall violate any provision of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1065 of the Penal Code of Georgia of 1910, and shall forfeit his office; and such conviction shall create a vacancy in said office, which shall be filled as hereinbefore provided for in said Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961.

Page 2634

CITY OF HAPEVILLECHARTER AMENDED. No. 236 (Senate Bill No. 47). An Act to amend an Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several acts amendatory thereof, so as to provide for a change in the time of city elections, extending the terms of office for mayor and council to four years, to provide for reapportionment of wards and an increase from four to five wards, qualifications for mayor and council, elections of a mayor pro-tem, assessment for street paving, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it hereby is enacted by authority of the same, that 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, be and the same are hereby amended as follows: Section 1. Notice of 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 advertisements for Fulton County are published, once a week for three (3) weeks during a period of sixty (60) days, immediately proceeding 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. That the said charter of the City of Hapeville is hereby amended with respect to section 38 thereof as it is now designated in the official codification of the charter and general ordinances of the City of Hapeville by striking the provisions thereof as it applies to terms

Page 2635

of office, elections and opening and closing of polls and substituting in lieu thereof the following: Elections for the offices of mayor, councilmen and alderman of the said city shall be held on Tuesday after the first Monday in November for the years 1961 and thereafter only on the even numbered years as now provided in section 34-2302 of the Code of Georgia for the election of members of the House of Representatives. The hour for the opening and closing of the polls shall be as provided by resolution each year of mayor and council, not in conflict with any provisions of the Federal or State Constitutions, nor the laws of the State of Georgia. The election shall be held in one or more locations of the city in such public buildings or places as shall be designated by resolution of mayor and council at least sixty (60) days prior to such election. Special elections to fill vacancies occurring on the governing body or for bond elections shall be held after publication of notice as provided elsewhere in this charter and in the laws of this State, but in on event less than thirty (30) days after publication of a resolution by mayor and council declaring such election. Elections. Section 3. Be it further enacted and it hereby is enacted by authority of the General Assembly of Georgia that commencing in the year 1964, the term of office of mayor, councilmen and aldermen in the City of Hapeville shall be four years. The term office of the mayor and councilmen whose terms expire in 1961, shall be for a period of 3 years commencing with the first Tuesday in January 1964. Commencing in 1962, the offices of those councilmen and aldermen whose terms expire on the first Tuesday in January, 1963 will be four years. Thereafter the city shall hold elections on alternate, even numbered years to insure that the offices representing half of the governing body shall be elected each two years at the same time as members of the House of Representatives from the State of Georgia are now elected. Nothing herein shall affect the present term of office of any member of the mayor and council already elected for a specific term of office. Terms of mayor and aldermen.

Page 2636

Section 4. Be it further enacted and it hereby is enacted by the General Assembly of Georgia that the city charter of the City of Hapeville be further amended with particular reference to section 43 as it is now designated in official codification of the city charter and general ordinances of the City of Hapeville by striking the provisions of said section and substituting in lieu thereof the following: The mayor and council shall have the right by a proper ordinance, to divide the City of Hapeville at such time as they deem desirable into five wards and to have one councilman elected from each ward with the councilmen from the fifth ward replacing the member of council heretofore designated as the alderman-at-large. The division of the city into five wards shall be at the option of mayor and council, but when done shall be with every reasonable effort made toward equalizing as nearly as practicable the population and the geographic size of each ward. The term of office of the councilman from the fifth ward shall run the same as is now provided for the alderman-at-large except as otherwise extended by this or any subsequent amendment or provision of the charter of the City of Hapeville. To qualify for election to the office of mayor of the City of Hapeville, a candidate must have been a resident of said city for not less than one year prior to date of his qualification; must be a property owner and taxpayer in said city; and must be a qualified voter for members of the General Assembly of Georgia, and have voted in any election held in the preceeding year in which he was qualified to vote. to qualify for election as councilman from a designated ward in the city, a candidate must be a property owner and taxpayer in the City of Hapeville, a resident of the City of Hapeville for at least twelve (12) months prior to the date of his qualification as a candidate, and a resident of the ward from which he qualifies for at least ninety (90) days prior to his qualification. He must also be a qualified voter for members of the General Assembly of Georgia and must have voted in the election of the year preceding his qualification if any election in which

Page 2637

he was qualified to vote was then held. These qualifications shall be cumulative to any other qualifications provided in this charter and in not in lieu thereof. The members of the council at the first meeting of each year on the first Tuesday in January shall by secret ballot elect one of their members as mayor pro-tem to preside in the absence of the mayor or when called upon to do so by the mayor, and to perform any and all other duties of the mayor in the absence of disability of the mayor and as the council may direct without otherwise usurping any of the other duties and prerogatives of the mayor. Wards. Mayor. Councilman. Mayor pro tem. Section 5. Be it further enacted and it hereby is enacted by the General Assembly of Georgia that the said Hapeville city charter is further amended by striking that provision of the city charter which provides for the apportionment of costs of paving streets in the City of Hapeville, more specifically designated as of the official codification of the charter and general ordinances of the city by striking said section in its entirety and substituting in lieu thereof the following: Said mayor and council when they deem it necessary, shall have power and authority to pave any street or public alley in the said city with such material and in such manner as they may direct, and assess the costs thereof at the rate of one-half to property owners abutting said street or alley by assessment thereon according to the frontage thereof, the collection of such assessment to be enforced by execution as elsewhere provided in this charter. Paving of streets, etc. Section 97 of said official codification of the charter and general ordinances of the city is amended by striking the said provision in its entirety and substituting in lieu thereof the following: Same. The abutting property owners shall pay one-half of the costs or expenses by assessment thereon according to frontage of each lot or tract thereof. Section 6. All provisions of the city charter of Hapeville

Page 2638

as originally adopted and subsequently amended by various Acts of the General Assembly of Georgia in conflict with any of the provisions hereof are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. LUMPKIN COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES. No. 238 (Senate Bill No. 103). An Act to amend an Act creating the office of the commissioner of roads and revenues for Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), so as to authorize an expense allowance for 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 the Commissioner of Roads and Revenues for Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), is hereby amended by adding at the end of section 9 the following: The commissioner shall also receive a sum of one hundred dollars ($100.00) per month as a contingent expense allowance. Expense allowance. so that when so amended, section 9 shall read as follows: Section 9. The commissioner shall devote his full time to the business and interest of said County of Lumpkin in the performance and discharge of his duties, and shall receive as compensation for his time four thousand eight hundred dollars ($4,800.00) per annum, payable

Page 2639

monthly. The commissioner shall also receive a sum of one hundred dollars ($100.00) per month as a contingent expense allowance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. CITY OF ATLANTACHIEF LAW CLERK OF MUNICIPAL COURTS. No. 239 (Senate Bill No. 150). 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 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. There is hereby created in the Department of Municipal Courts in the City of Atlanta the position of chief law clerk, who shall be appointed to office by

Page 2640

the chief general judge and shall hold office at his pleasure. Office created. Section 3. The chief law clerk shall have the authority to approve appearance bonds as authorized by the chief general judge, to approve certiorari bonds, to perform such other duties as may be assigned to him by the chief general judge. Duties. Section 4. The salary of the chief law clerk shall be $500.00 a month, to be divided into bi-weekly payments or such other payments as may be provided by the mayor and board of aldermen for the employees of the city, which sum may be increased or decreased in the discretion of the mayor and board of aldermen. Salary. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. COMPENSATION OF BOARDS OF EDUCATION IN COUNTIES OF NOT LESS THAN 16,700 AND NOT MORE THAN 16,800 PERSONS. No. 240 (Senate Bill No. 127). An Act to fix the compensation of the chairman and the members of the board of education of all counties of this State having a population of not less than 16,700 and not more than 16,800 according to the United States census of 1960, or any future United States census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act in all counties of this State having a population of not less

Page 2641

than 16,700 and not more than 16,800 according to the United States census of 1960, or any future United States census, the chairman and members of the board of education shall be compensated in the amount of twenty-five ($25) dollars per month. This compensation shall be in lieu of all other compensation and shall be paid out of county funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 28, 1961. CATOOSA COUNTYCLERICAL HELP FOR TAX COMMISSIONER. No. 242 (House Bill No. 582). 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 amending an Act approved March 5, 1959 (Ga. L. 1959, p. 2154), so as to provide for the manner of paying the clerical help of said commissioner; to provide for an effective date; to repeal all 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 5, 1959 (Ga. L. 1959, p. 2154), is hereby amended by striking from said Act as amended, all of section 5 of the original Act, as amended, and substituting in lieu thereof a new section 5 which shall read as follows:

Page 2642

Section 5. Be it enacted by the authority aforesaid that the compensation of the county tax commissioner of Catoosa County, Georgia, shall be, as full compensation for any and all duties performed by him as receiver and collector of county, school district and special taxes, a fixed salary of four thousand dollars ($4000.00) per annum, to be paid in equal monthly installments, and in addition thereto, the sum of three thousand dollars ($3000.00) per annum, to be paid in monthly installments for clerical help necessary for the performance of the duties of said office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all state, professional and special taxes collected by him, but all commissions due to said tax commissioner for intangible taxes collected, school taxes, and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. Section 2. This Act shall become effective on approval of said Act. Section 3. All laws, 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 following dates: Jan. 12, 19, 26, 1961. /s/ Ned Lee.

Page 2643

Sworn to and subscribed before me this the 11th day of February, 1961. /s/ Freida A. Boyles, Notary Public. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of the State of Georgia a bill to amend the Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), and all amendatory Acts thereof, so as to provide for the method of paying the clerical help of said Commissioner; to provide for an effective date; to repeal all conflicting laws, and for other purposes. This 7th day of January, 1961. /s/ Joe T. Clark, Representative, Catoosa County. Approved March 28, 1961. CITY COURT OF RICHMONDJUDGE'S SALARY. No. 243 (House Bill No. 526). An Act to amend an Act entitled An Act to establish the City Court of Richmond; to provide for appointment of a judge and solicitor thereof and to define their powers and duties;, approved September 22, 1881, as amended by Acts approved September 14, 1883 (Ga. L. 1882-3, p. 527), September 17, 1883 (Ga. L. 1882-3, p. 528), December 24, 1887 (Ga. L. 1887, p. 713), December 11, 1893 (Ga. L. 1893, p. 386), December 15, 1894 (Ga. L. 1894, p. 215), December 13, 1895 (Ga. L. 1895, p. 393), December 21, 1898 (Ga. L. 1898, p. 375), August 17,

Page 2644

1911 (Ga. L. 1911, p. 352), August 18, 1919 (Ga. L. 1919, p. 516), August 16, 1920 (Ga. L. 1920, p. 387), August 26, 1931 (Ga. L. 1931, p. 369), March 23, 1933 (Ga. L. 1933, p. 350), March 18, 1943 (Ga. L. 1943, p. 806), February 19, 1951 (Ga. L. 1951, p. 2426), February 24, 1953 (Ga. L. 1953, Jan.-Feb., p. 2528), March 13, 1957 (Ga. L. 1957, p. 3138), and an Act approved February 21, 1958 (Ga. L. 1958, p. 2248), so as to change the compensation of the Judge of the City Court of Richmond; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish the City Court of Richmond; to provide for appointment of a judge and solicitor thereof and to define their powers and duties;, approved September 22, 1881, as amended by Acts approved September 14, 1883 (Ga. L. 1882-3, p. 527), September 17, 1883 (Ga. L. 1882-3, p. 528), December 24, 1887 (Ga. L. 1887, p. 713), December 11, 1893 (Ga. L. 1893, p. 386), December 15, 1894 (Ga. L. 1894, p. 215), December 13, 1895 (Ga. L. 1895, p. 393), December 21, 1898 (Ga. L. 1898, p. 375), August 17, 1911 (Ga. L. 1911, p. 352), August 18, 1919 (Ga. L. 1919, p. 516), August 16, 1920 (Ga. L. 1920, p. 387), August 26, 1931 (Ga. L. 1931, p. 369), March 23, 1933 (Ga. L. 1933, p. 350), March 18, 1943 (Ga. L. 1943, p. 806), February 19, 1951 (Ga. L. 1951, p. 2426), February 24, 1953 (Ga. L. 1953, Jan.-Feb., p. 2528), March 13, 1957 (Ga. L. 1957, p. 3138), and an Act approved February 21, 1958 (Ga. L. 1958, p. 2248), is hereby amended by striking therefrom, wherever they appear, the figures $8950.00 as applicable to the judge's salary, and substituting in lieu thereof the figures $11,000.00. Section 2. From and after approval of this Act the Judge of the City Court of Richmond County, Georgia shall be paid a salary of $11,000.00 per annum payable monthly out of the treasury of Richmond County.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Richmond County. Personally appeared, Marie LeRoy, who being duly sworn says that she is an officer of Southeastern Newspapers, Inc., publishers of The Augusta Herald, a daily newspaper in Augusta, in said State and County, and that the advertisement, Notice Of Local Bill, duly appeared in said newspaper on the following dates to wit: January 27, 30, February 6, 1961. /s/ Marie LeRoy. Notice of Local Bill. Notice is hereby given of the intention of the undersigned to apply at the current session of the General Assembly of Georgia for the passage of a bill entitled An Act to amend an Act entitled An Act to establish the City Court of Richmond County; to provide for the appointment of a judge and a solicitor thereof, and to define their powers and duties, approved September 22, 1881, and also Acts amendatory thereof, so as to provide an increase in the salary of the judge of said court, and other purposes. This 21st day of January, 1961. /s/ Carl F. Sanders, State Senator, 18th Judicial District. /s/ William M. Fleming, Jr., Representative, Richmond County. /s/ J. B. Fuqua, Representative, Richmond County. /s/ James M. Hull, Jr., Representative, Richmond County. Jan. 27, 30, Feb. 6.

Page 2646

Sworn to and subscribed before me this 7th day of February, 1961. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. (Seal). Approved March 28, 1961. CITY OF HAMPTONAUTHORITY TO CLOSE STREETS, ETC. No. 244 (House Bill No. 576). An Act to amend an Act incorporating the City of Hampton (formerly Town of Hampton) (formerly Town of Bear Creek) approved August 22, 1907 (Ga. L. 1907, p. 682), said Act being an Act to amend, revise and consolidate an Act incorporating the Town of Hampton (formerly Town of Bear Creek) in the County of Henry, approved August 23, 1872 (Ga. L. 1872, p. 206), as amended, revised and consolidated, particularly by an Act approved August 26, 1891 (Ga. L. 1890-91, Vol. 2, p. 710), and by the Act herein amended, so as to authorize the mayor and aldermen to abandon and close any street, sidewalk, lane or alley or any part thereof when, in their discretion, public necessity, safety or convenience requires it; to prescribe how such authority may be exercised; 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 Hampton (formerly Town of Hampton) (formerly Town of Bear Creek) approved August 22, 1907 (Ga. L. 1907, p. 682), said Act being an Act to amend, revise and consolidate an Act incorporating the Town of Hampton (formerly Town of Bear Creek) in the County of Henry, approved August 23, 1872 (Ga. L. 1872, p. 206), as amended, revised and

Page 2647

consolidated particularly by an Act approved August 26, 1891 (Ga. L. 1890-91, Vol. 2, 710), and by the Act herein amended, is hereby amended by adding at the end of section 7 the following paragraph: Said mayor and council shall have the further power and authority to abandon or close any street, sidewalk, lane or alley or any part thereof when, in their discretion, public necessity, safety, or convenience requires it, and such power and authority may be exercised by the mayor and council by appropriate ordinance or ordinances duly enacted. Authority to close streets, etc. so that when so amended, section 7 of said Act shall read as follows: Section 7. Be it further enacted by the authority aforesaid, that said mayor and council shall have power to open and improve new streets upon payment for the land appropriated for the same, according to the mode prescribed by law for opening out new roads under the road laws of this State, and repair those already open, to provide such public buildings as may be necessary and for the benefit of said city; to pass ordinances regulating the management of market houses, private and public transportations through the city, barrooms and saloons licensed by them (if there should be any), public wells, springs, and pumps, to abate nuisances, public or private, suppress all disorderly conduct, disorderly houses and houses of ill-fame within the said corporate limits; to prevent loud and boisterous conversation, quarreling, profanity, and obscene language upon the streets or other public places in the city; to prevent the keeping of spirituous or malt liquors or unlawful sale; to disperse disorderly assemblies; to prevent intoxication or drunkenness in said city; to levy a tax on any public carrier who delivers intoxicating liquors to any place in said city; to prevent street walking by females of bad character; to regulate the speed of trains passing through the city; to prescribe the signals to be given by trains and locomotives passing through, arriving and departing from the city and to

Page 2648

suppress all other whistling or blowing on locomotives by persons connected with such engines of locomotives; to keep open and unobstructed all railroad crossings in the corporate limits of said city; to provide for paupers from being imposed on the city. Said mayor and council shall have power to enact appropriate ordinances for the accomplishment of all the purposes hereinbefore enumerated, and for the punishment of offenders in relation to any of the matters aforesaid, and all ordinances they may deem necessary for preserving the peace, health and good order and good government of the city, and to enforce all ordinances by them adopted not inconsistent with the laws of this State, and to punish any person or persons who shall violate such ordinances by fine not to exceed fifty dollars, or imprisonment not to exceed twenty days, any one or all of these punishments. Said mayor and council shall have the further power and authority to abandon or close any street, sidewalk, lane or alley or any part thereof when, in their discretion, public necessity, safety or convenience requires it, and such power and authority may be exercised by the mayor and council by appropriate ordinance or ordinances duly enacted. 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, 1961, session of the General Assembly of Georgia, a bill to amend an Act to consolidate, amend and codify the various acts incorporating the City of Hampton (formerly Town of Hampton) in the County of Henry, approved August 23, 1872 (Ga. L. 1872, p. 206), as amended particularly by an Act approved August 26, 1891 (Ga. L. 1890-91, Vol. 2, p. 710), and an Act approved August 22, 1907 (Ga. L. 1907, p. 682), so as to authorize the mayor and councilmen to abandon or close any street, sidewalk, lane, or alley, or any part thereof, when in their discretion public necessity, safety, or convenience

Page 2649

requires it; to prescribe how such authority may be exercised; and for other purposes. This the 16th day of January, 1961. City of Hampton, By S. T. Ellis, City Attorney. 2-2-3tpd. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward E. McGarity, who, on oath, deposes and says that he is representative from Henry County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Advertiser, which is the official organ of said county, on the following dates: January 19, 26 and February 2, 1961. /s/ Edward E. McGarity, Representative, Henry County. Sworn to and subscribed before me this 21st day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved March 28, 1961.

Page 2650

CITY OF WEST POINTCHARTER AMENDEDREFERENDUM. No. 246 (House Bill No. 555). An Act to amend an Act creating a new charter for the City of West Point, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, so as to provide a new method of electing the mayor and aldermen of said city; to provide the procedures connected therewith; to provide for the filling of vacancies; to provide for a board of city registrars; to provide the qualifications for registering; to provide the duties of the board of registrars; to provide their compensation; 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 a new charter for the City of West Point, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, is hereby 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. For the purpose of establishing four year terms of office for the mayor and aldermen of the City of West Point, Georgia, and to establish procedures for the orderly election of such officers, on the second Monday in January in 1962 an election shall be held, and there shall be elected three aldermen, who shall hold office for three years and until their successors are elected and qualified; on the second Monday in January of 1963, and every four years thereafter, an election shall be held and there shall be elected a mayor and three aldermen who shall hold office for four years and until their successors are elected and qualified, on the second Monday in January of 1965, and every four years thereafter, an election shall be held and there shall be elected three aldermen, who shall hold office for four years and until their successors are elected and qualified; so that beginning on the second Monday in January of 1963, the mayor of said

Page 2651

city shall be elected every four years for the term of four years and three aldermen shall be elected every two years for a term of four years, and all of said officers shall hold office until their successors are elected and qualified. Terms of mayor and alderman. At the first regular meeting of the mayor and board of aldermen, after the election and qualification in January of 1962, the board of aldermen shall elect one of their number as mayor pro tem. who shall serve for one year. At the first regular meeting of the mayor and board of aldermen after the election in January of 1963, and every two years thereafter, the board of aldermen shall elect one of their number as mayor pro tem., whose term of office shall be for two years and until his successor is elected and qualified. If any vacancy occurs in said board, the vacancy shall be filled, for the unexpired term, by the mayor and board of aldermen. Section 2. Said Act is further amended by striking therefrom section 50 in its entirety and substituting in lieu thereof a new section 50 which shall read as follows: Section 50. There is hereby created a board of city registrars for the City of West Point, Georgia. Said board shall be comprised of three members who shall be appointed by the mayor with the advice and consent of the board of aldermen. The board of registrars shall serve for a term of four years which said term shall coincide with the term of office of the mayor making the appointment. The registrars shall keep a book of registration which shall contain the names of all persons qualified to vote in municipal elections in the City of West Point. All eligible voters shall register with the Board of Registrars at such times and places as shall be prescribed under the rules promulgated by the board of mayor and aldermen of the City of West Point. Having once registered with the city board of registrars eligible voters shall not be required to register each year, but their names shall remain on the city registrar's rolls so long as they remain a citizen of West Point and comply with the qualifications set up by the laws of the State of Georgia for qualified voters. In

Page 2652

the event a vacancy should occur on said Board the same shall be filled by appointment by the mayor with the advice and consent of the board of aldermen for the unexpired term. Should the board of registrars or any individual registrar fail to discharge the duties of his office then he may be removed by the mayor and the board of aldermen and another appointed to fill the vacancy created thereby. Board of City Registrars. Section 3. Said Act is further amended by striking therefrom section 51 in its entirety and substituting in lieu thereof a new section 51 which shall read as follows: Section 51. That any and all applicants for registration shall be of the age of eighteen years and upwards and shall have paid all taxes, State, county and municipal, which shall have been required of him, and which they may have had an opportunity of paying according to law, and no one shall be allowed to register unless previously to making application to register, they have permanently resided within the corporate limits of said city at least six months and in the State twelve months, next preceding said election. Voters. Section 4. Said Act is further amended by striking therefrom section 52 in its entirety and substituting in lieu thereof a new section 52 which shall read as follows: Section 52. That it shall be the duty of the board of registrars to furnish a list of said registered voters to the managers of any and all elections to be held in said city and no person shall vote at such election unless his name appears on said register, and any person swearing falsely or using any fraudulent means in registering shall be liable to any and all the pains and penalties prescribed by law for perjury or illegal voting and all laws in relation to elections in said city now in force and not conflicting with the provisions of this Act shall remain in force and that this act shall apply only to elections held in said city for municipal purposes and not apply to county and State elections. List of registered voters.

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Section 5. Said Act is further amended by striking therefrom section 53 in its entirety and substituting in lieu thereof a new section 53 which shall read as follows: Section 53. That the said registrars before entering upon the duties imposed in this Act shall take and prescribe to an oath to let no person register as a voter in said city unless qualified, according to the provisions of this Act and that the city council of West Point may compensate said registrars for their services as such registrars. Oath of registrars. Section 6. Not less than ten (10) nor more than twenty (20) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the clerk of the City of West Point to issue the call for an election for the purpose of submitting this Act to the voters of the City of West Point for approval or rejection. The clerk shall set the date of such election for a day on or before May 1, 1961. 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 Troup and Harris Counties. The ballot shall have written or printed thereon the words: For approval of the Act changing the method of electing the Mayor and Aldermen of the City of West Point; providing for a Board of Registrars for said City; and for other purposes. Referendum. Against approval of the Act changing the method of electing the Mayor and Aldermen of the City of West Point; providing for a Board of Registrars for said City; and for other purposes. 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

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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 West Point. It shall be the duty of the clerk to hold and conduct such election. It shall be the duty of the clerk to canvass the returns and 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 7. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Harris County. Before me the undersigned authority in and for said county and state personally appeared Johnston C. Woodall, who being duly sworn doth depose and say as follows, to-wit: I hereby certify that I am the publisher of The Harris County Journal, the official organ of Harris County, Georgia, and that there was advertised in The Harris County Journal a notice of Intention to Introduce Local Legislation, that said notice appeared once a week for three weeks in The Harris County Journal on January 19th, 26th, and February 2nd, 1961, as provided by law. A copy of said notice is attached hereto. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the Georgia General Assembly a bill to amend the charter of the City of West Point, Georgia as amended, so as to change the terms of office of the mayor and board of aldermen; to create a board of registrars; to define their powers and duties; to provide the procedure connected therewith; and for other purposes.

Page 2655

This 12 day of January, 1961. /s/ Frank G. Birdsong, Representative. /s/ Crawford Ware, Representative. Signed this 7 day of February, 1961. /s/ Johnston C. Woodall. Sworn to and subscribed before me this 7th day of February, 1961. /s/ Stanley E. Lewis, Notary Public. My commission expires Jan. 18, 1965. (Seal). State of Georgia, Troup County. Before me the undersigned authority in and for said county and state personally appeared William A. Coker, who being duly sworn doth depose and say, as follows: I hereby certify that I am the general manager of The LaGrange Daily News, the official organ of Troup County, Georgia, and that there was advertised in The LaGrange Daily News a notice of Intention to Introduce Local Legislation, that said notice appeared once a week for three weeks in The LaGrange Daily News on January 16th, 23rd, and 30th, 1961, as provided by law. A copy of said notice is attached hereto. Notice of Intention to Introduce Local Legislation. Notice is hereby given, that there will be introduced at the January 1961 session of the Georgia General Assembly a bill to amend the charter of the City of West Point, Georgia as amended, so as to change the terms of office of the mayor and board of aldermen; to create a board of registrars; to define their powers and duties; to provide the procedure connected therewith; and for other purposes.

Page 2656

This 12 day of January, 1961. /s/ Frank G. Birdsong, Representative. /s/ Crawford Ware, Representative. Signed this 4 day of February, 1961. /s/ William A. Coker. Sworn to and subscribed before me this 4th day of February, 1961. /s/ Eleanor H. Orr, Notary Public. My commission expires Nov. 17, 1961. Approved March 28, 1961. MILLER COUNTYCOMPENSATION OF MEMBERS OF BOARD OF COMMISSIONERS. No. 247 (House Bill No. 507). An Act to amend an Act creating a board of commissioners of roads and revenues for Miller County, approved August 22, 1905 (Ga. L. 1905, p. 569), as amended, particularly by an Act approved February 20, 1957 (Ga. L. 1957, p. 2194), so as to change the compensation for the members of the board other than the chairman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Miller County, approved August 22, 1905 (Ga. L. 1905, p. 569), as amended, particularly by an Act approved February 20, 1957 (Ga. L. 1957, p. 2194), is hereby amended by striking section 15 in its

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entirety and inserting in lieu thereof a new section 15 to read as follows: Section 15. Each member of the board of commissioners, except the chairman, shall receive the sum of $25.00 per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. To the People of Miller County: At the 1961 session of the General Assembly of Georgia a local bill will be introduced to amend the acts creating a board of commissioners of roads and revenues of Miller County, Georgia, so as to provide for the increasing in the compensation of the commissioners of Miller County from the present $5.00 per day for each day to said commissioners and in lieu thereof provides that each member of said board of commissioners of roads and revenues of said county to a salary of $25.00 per month for each member in lieu of the present $5.00 per diem, with the exception of the chairman of the said board. This the 4th day of January, 1961. /s/ Buck Tabb, Representative, Miller County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buck Tabb, who, on oath, deposes and says that he is representative from Miller County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal, which is the official organ

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of said county, on the following dates: January 19, January 26 and February 2, 1961. /s/ Buck Tabb, Representative, Miller County. Sworn to and subscribed before me this 20th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved March 28, 1961. CITY OF SUMMERVILLENEW CHARTER, REFERENDUM. No. 248 (House Bill No. 564). 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, 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

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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 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 as a municipality shall have perpetual succession and is vested with the right to contract and be contracted with, to plead and interplead, to sue and be sued in the name of the City of Summerville, 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, 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

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in any manner known to law any interest in any real or personal property of whatsoever kind or nature or descrption 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. Incorporated. 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. Obligations. Section 3. All existing, valid ordinances, rules, bylaws, regulations and resolutions of the City of Summerville not inconsistent with this charter shall remain in full force and effect for the City of Summerville until altered, amended or repealed. Existing ordinances. 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

Page 2661

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 suspend any city employee without the necessity of obtaining approval of the council, subject to right of appeal by said suspended employee to the mayor and council. Government. (B) The council of the City of Summerville shall be the legislative body. It may pass all ordinance 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 shall fix an annual budget for the city and approve all expenditures made by the city. (C) The mayor shall appoint, subject to the approval of the council, a city clerk, a city treasurer, and a city attorney. 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. (D) The city council may adopt a code or ordinance, and may amend and repeal the same or any part of the same.

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Section 6. The council shall meet in regular session once each month. Mayor and council shall set regular monthly meeting date with right to change said meeting date by giving two weeks' notice of such change in the official newspaper. 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, except in case of tie. 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 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. 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 prior to qualifying as candidate, 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 prior to qualifying as candidate 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 a bona fide resident thereof, his or their office shall thereby become vacant. Qualifications of mayor and councilman. Section 8. The mayor of the city shall be compensated a total salary from all funds in the sum of fifty dollars ($50.00) a month. The members of the council shall be compensated a total salary from all funds in the sum of twenty-five dollars ($25.00) per month. Salaries. Section 9. The first election for mayor and councilmen

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of said city held under this Act shall be held on the second Saturday in December, 1961. 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 January 1, 1962, and serve until January 1, 1966, 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, 1962, and serve until January 1, 1964, or until their successors are elected and qualified. After the first election to be held in 1961, there shall be a bi-annual election on the second Saturday in December 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 January 1, next following their election and serve for a term of four (4) 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, 1961, and noon November 28, 1961, for the elections to be held in that year. For the regular bi-annual elections, a person shall qualify with the city clerk of said city during the period between the second Saturday in November and by 12:00 o'clock Noon on the fourth Saturday in November of each election year. Elections to be held from 7:00 a.m. to 7:00 p.m. at the city hall in Summerville, Georgia. Elections and terms. 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

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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 the regular bi-annual election to be held on the second 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 bi-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. Section 11. The mayor and councilmen first elected under this Act shall take office January 1, 1962. The mayor and councilmen elected at subsequent elections in said city shall take office on January 1 of the year following their election. The mayor and councilmen shall be installed in their office by taking and subscribing the following oath: Terms, 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

Page 2665

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. 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. Elections. Section 13. No person shall be allowed to vote in any election held in said city, except he or she be qualified 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. Voters. Section 14. There shall be established in the City of Summerville created by this Act a permanent registration system of the qualified voters of said city: (A) By July 1, 1961, 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,

Page 2666

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. Registration of voters. (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 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 and address at the place indicated on the book by the clerk or deputy clerk, who shall immediately thereafter enter at the place 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

Page 2667

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 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 in 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 or registrars shall complete said lists at least two (2) days before said election.

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(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 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 15. 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. (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 the mayor and council shall have appointed a recorder. The mayor and council may appoint any upright and intelligent citizen of the city to be recorder. 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. Recorder's 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.

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(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 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 recorder, except summonses to court which may be signed by police officers, and shall bear teste in the name of the mayor. (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

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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 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 expenses 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 on the failure to do so, said court shall issue a scire facias directed to the marshall 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 rearrest of any defendant whose bond has been forfeited, or who fails to appear in court.

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(1) 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 16A. 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 by the City of Summerville 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. Taxes Section 16B. The City of Summerville shall have the power to tax in accordance with power now granted to cities and limited to the amount so provided by Georgia Code of 1933 as set forth in Code sections 92-4101, 92-4102, 92-4103 and 92-4104 are hereby incorporated as part of this charter, along with any future amendments to said sections. Taxes. 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, 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

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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; also to decrease the value placed thereon in any return that is too large. 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 non-resident 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 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 or valuation placed on said property. 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

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non-resident 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 to 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 or assessed, the amount at which same has been assessed, and the fair market value as contended for 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 or lower 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 or above 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 October 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, and any future amendments thereto. Also full power of the tax procedure as granted to municipalities as shown in Title 92 of the Code of Georgia and any

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future amendments thereto is hereby made part of this charter. Payment of taxes 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, automobiles, jitneys, trucks, taxis, and public or private vehicles of all kinds, traveling vendors of patent medicine, 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 kinds of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planning 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

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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 business, and all other rules and regulations necessary and proper in the premises. Business licenses, etc. 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 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), 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 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 and any future amendments thereto. Streets, etc. 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, atomic energy; and to maintain the supplying of said public utility service. Utilities. Section 23. Said City of Summerville shall have full power and authority to regulate and enforce the collection

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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 in accordance with proper rules, regulations, and ordinances passed by the mayor and council, 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. When the person who fails to pay for said service is not the owner of said building but is a tenant or other person in possession or having the right to possess, said arrears shall be collected from said person and shall not impair future tenants occupying buildings of rented premises. (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

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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 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 the authority to remove or alter the

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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 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 or regulating the alignment of buildings or other structures near street frontage. The zoning regulations may be based upon one or more of the persons above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determinations and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry or other activity conducted, or to be conducted, upon the premises; the numbers 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 ordinances 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

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said board of zoning appeals to the Superior Court of Chattooga County. Zoning. (B) In addition to 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 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 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. and any future amendments thereto. 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

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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. Utilities. 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, which are made a part of this charter, including any future amendments to said general law of this State relating to municipal corporations, 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 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

Page 2681

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 and revoke 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 Laws; (H) To establish, equip, and maintain a fire department; (I) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (J) To provide, equip, and maintain a prison and 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,

Page 2682

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 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 utility plant or system, now or hereafter owned by the City

Page 2683

of Summerville, shall ever be sold, leased, or otherwise disposed of in 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 further, that nothing in this section shall vary the laws regarding bond issues. Utilities. Surplus property. Section 31. No 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

Page 2684

in the official organ of Chattooga County. The ballot shall have written or printed thereon the words: For approval of the Act granting a new charter to the City of Summerville. Referendum. 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 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 32. If this Act shall be approved at the referendum provided for in section 31 hereof, it shall become of full force and effect on January 1, 1962, except for sections 9, 11, 12, 13 and 14, which shall become effective on July 1, 1961, 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 33. 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),

Page 2685

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 34. 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 1961 session of the General Assembly 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 provide for a referendum. /s/ James H. Floyd, Representative, Chattooga County. /s/ Joseph E. Loggins, Representative, Chattooga County. 1-26 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, depose and say that they are representatives from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said county, on the following dates: Jan. 12, 19 and 26, 1961. /s/ James H. Floyd, /s/ Joseph E. Loggins, Representatives, Chattooga County.

Page 2686

Sworn to and subscribed before me, this 20th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 28, 1961. CITY OF CARSONVILLEACT CREATING CITY REPEALED. No. 249 (House Bill No. 479). An Act to repeal an Act incorporating the City of Carsonville in the County of Taylor, approved December 9, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2096), to provide an effective date; to repeal conflicting laws; and for other purposes. Section 1. An Act entitled, An Act to incorporate the City of Carsonville in the County of Taylor; to define the corporate limits thereof; to provide for a mayor and council; to prescribe their powers and duties; to provide for elections; to provide for taxation; to provide the qualifications of voters; to provide for registration; to provide for a police court; to provide for employees; to authorize said city to own, maintain and operate a system of waterworks, sewers, gas and electric light plants; to provide for the issuance of bonds; to provide for condemnation; to provide for streets, avenues, sidewalks and alleys; to authorize the issuance of licenses; to provide for all other matters and things which are necessary and proper for the existence of a municipal corporation; to repeal conflicting laws; and for other purposes., approved December 9, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2096), is hereby repealed in its entirety.

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Section 2. This Act shall become effective at the end of the present term of office of the mayor and councilmen of the City of Carsonville. Said city shall stand abolished as of that date and no elections for officers to succeed the present mayor and councilmen shall be held as provided in the aforesaid Act. 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 1961 session of the General Assembly of Georgia, a Bill to repeal an Act incorporating the City of Carsonville in Taylor County, approved December 9, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2096), to provide an effective date; and for other purposes. This 18 day of Jan., 1961. /s/ Ralph Underwood, Representative, Taylor County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Underwood, who, on oath, deposes and says that he is representative from Taylor County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Butler Herald, which is the official organ of said county, on the following dates: January 19, 26 and February 2, 1961. /s/ Ralph R. Underwood, Representative, Taylor County.

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Sworn to and subscribed before me, this 20th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 28, 1961. COMPENSATION OF OFFICERS OF COUNTIES HAVING POPULATION OF NOT LESS THAN 135,000 AND NOT MORE THAN 140,000 PERSONS. No. 252 (House Bill No. 528). An Act to change from the fee to the salary system in certain counties in Georgia having a population of not less than 135,000 inhabitants nor more than 140,000 inhabitants under the 1960 United States census or any subsequent census, the clerk of the superior court, (whether he be clerk of the superior court or ex officio clerk of another court or courts); the sheriff, the ordinary, the tax collector, the tax receiver, the treasurer: to make provisions regulating the carrying out of such charges; to regulate the collection and dispositions of costs; to provide for deputies, clerks, and assistants to such officers; to provide for the payment of salaries and compensation and the county attorneys in such counties; to provide for the furnishing the sheriffs in such counties with automobiles necessary for carrying on the work of his office and for the operation, upkeep and repair of the same; to provide for the necessary office expense of such officers and employees; to provide that no county official, deputy, assistant or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to authorize the transfer of any deputy, clerk,

Page 2689

assistant or stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of county officers, deputies, clerks, assistants and the county treasurer and the county attorney by the treasurer of such county; and for the disbursement thereof by the sheriff, clerk, ordinary, tax collector and tax receiver as to the 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. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the provisions of this Act shall apply to all counties in the State of Georgia having, by the United States census of 1960, a population of not less than 135,000 inhabitants or more than 140,000 inhabitants, and to all counties in the State having by any future census of the United States, a population of not less than 135,000 inhabitants or more than 140,000 inhabitants, and on the publication of said census any county not now having said population of 135,000 but by said new census having said population, such county shall immediately automatically pass under the terms of this Act. In all such counties the fee system for compensating the officers herein named shall be abolished except those fees that are paid by the State to the tax collector and tax receiver, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees as under the fee system except for the fees to be paid by the State as will be hereinafter provided. Where applicable. Section 2. Be it further enacted by the authority

Page 2690

aforesaid that in all such counties the salaries of the following officials shall be as follows: (a) Clerk of the superior court, whether ex officio clerk of another court or not, an annual salary of $8,950.00. Salaries. (b) The sheriff, an annual salary of $12,000.00, per annum, payable in equal monthly installments. (c) The ordinary, an annual salary of $8,950.00, per annum, payable in equal monthly installments. (d) The tax commissioner, an annual salary of $8,950.00, per annum, payable in equal monthly installments. (e) The county treasurer, an annual salary of $8,400.00, per annum, payable in equal monthly installments. Provided, nevertheless, said salaries shall be in full payment of fees or other emoluments that shall accrue to any and all such officers that would otherwise accrue to them except for this Act, and all fees or other emoluments collected by them or either of them from the State or any public agency by virtue of their respective offices, shall be paid by them unto the treasurer of the county where such officer or officers hold office. Section 3. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the sheriff's deputies and assistants in all such counties shall consist of the following; all of whom shall be named from time to time by the sheriff and all and each of whom shall serve as such at the will of the sheriff and be discharged by such sheriff without any claim to any unearned salary or salaries; and the salaries of such deputies and assistants shall be fixed by the sheriff from time to time, at an amount not to exceed the following: 1 Chief deputy sheriff $520.00 per month 1 Assistant chief deputy sheriff 422.00 per month 3 Investigators deputy sheriffs 410.00 per month 3 Patrol lieutenant deputies 398.00 per month 1 Safety officer deputy 398.00 per month 3 Assistant investigators 398.00 per month 1 Safety lieutenant 398.00 per month 9 Deputy sheriff drivers 370.00 per month 12 Deputy patrolmen 360.00 per month 1 Deputy-bookkeeper 357.00 per month 1 Deputy mechanic 349.00 per month 1 Deputy stenographer-clerk 314.00 per month 2 Radio dispatch deputies 314.00 per month 1 Typist deputy 260.00 per month 1 Deputy sheriff and jailer 473.00 per month 1 Deputy sheriff and asst. jailer 357.00 per month 4 Deputy sheriffs and turnkeys 314.00 per month 2 Deputy turnkeys 314.00 per month 3 Deputies with rank of matron 228.00 per month Sheriff's deputies, etc. Section 4. Be it further enacted by the authority aforesaid, that the sheriff in all such counties as are described in section 1 of this Act shall be furnished for the exclusive use of his office such automobiles as may be necessary for carrying on the work of his said office, the number of said automobiles so furnished to be in the discretion of the board of county commissioners. The upkeep and repairs of said automobiles shall be paid for out of the county funds, and the county shall furnish all necessary gasoline, oil, and acccessories for said automobiles; all in the discretion of and subject to the approval of the county commissioners. Said automobiles are to be used in carrying on the work of the sheriff's office. Sheriff's automobiles. Section 5. Be it further enacted by the authority aforesaid, from and after the approval of this Act, the clerk of superior court's deputies and assistants, whether he be ex officio clerk of another court or not, in all such counties, shall be as follows, and their salaries shall be fixed by the clerk of the superior court from time to time, at an amount not to exceed the following: 1 Chief deputy clerk $425.00 per month 1 Deputy clerk 350.00 per month 1 Deputy clerk 330.00 per month 2 Minute clerk part bookkeeper 313.50 per month 1 Recording clerk bookkeeper 335.50 per month 1 Filing clerk bookkeeper each 308.00 per month 3 Stenographers 280.50 per month 1 Typist 258.50 per month 1 Typist 247.50 per month 1 Typist 220.00 per month 1 Collector 155.00 per month Employees of clerk of Superior Court. All of whom shall be named from time to time by the clerk of the superior court and all and each of them shall serve at the will of the clerk of such court and be discharged by such clerk, without any claim for any unearned salary or salaries. Section 6. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the ordinary's deputies and assistants in such counties will be as follows and their salaries shall be fixed by the ordinary from time to time, at an amount not to exceed the following: 1 Clerk of court of ordinary $396.00 per month 1 Deputy clerk-stenographer 330.00 per month 2 Clerk-stenographers 302.50 per month 2 Typists 275.00 per month All of whom shall be named from time to time by the ordinary of such county and all and each of them shall serve at the will of the ordinary and be discharged by such ordinary, without any claim from any unearned salary or salaries. Section 7. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the tax commissioner deputies and assistants in all such counties will be as follows and their salaries shall be

Page 2693

fixed by the tax commissioner from time to time at an amount not to exceed the following: 1 Chief deputy commissioner $547.00 per month 2 Bookkeepers ex-officio deputy sheriff's deputy clerks 330.00 per month 2 Deputy commissioners 420.00 per month 1 Deputy commissioner 378.00 per month 1 Clerk stenographer 302.50 per month 1 Clerk 269.50 per month 1 Clerk 330.00 per month 1 Clerk and stenographer 269.50 per month 1 Clerk and stenographer 247.50 per month Tax Commissioner's employees. All of whom shall be named from time to time by the tax commissioner of such county and all and each of them shall serve at the will of the tax commissioner and be discharged by such tax commissioner without any claims for any unearned salary or salaries, except the chief deputy, tax commissioner, whose tenure and retirements benefits where fixed by Acts of the General Assembly, (Ga. L. 1956, p. 2362). Section 8. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the salary of each member of the board of commissioners of roads and revenues in all such counties shall be two hundred fifty ($250.00) dollars per month. County Commissioners. Section 9. The county treasurer shall be entitled to employ one (1) assistant, whose salary shall be paid not more than four hundred twenty ($420.00) dollars per month, and said assistant shall be named by the county treasurer of all such counties and shall serve at the will of the said county treasurer and be discharged by such treasurer without any claims for any unearned salaries. County Treasurer. Section 10. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the county attorney in all such counties shall be paid a salary of four hundred sixty-two ($462.00) dollars per

Page 2694

month; and such county attorney shall be construed as an employee of said county in reference to any and all laws governing employees in such counties and deductions from his pay for any county pension law now or hereafter enacted shall be deducted from his salary monthly. County Attorney. Section 11. Be it further enacted by the authority aforesaid, that in all counties described in section 1 hereof, the necessary office expense of the officers herein named, as well as all other county officers and employees, shall, when approved by the county board of commissioners, or other fiscal agent of said county, be paid out of the treasury of such county monthly, and each of said officers and employees is required to furnish to the county commissioners or other fiscal agent an itemized statement of such necessary expenses at the first regular meeting of such necessary board or fiscal agent in each month; provided, the counties aforesaid shall only be liable for payment of such items of expense as approved by such board of commissioners, or other fiscal agent; provided, nevertheless, before any such item of expense shall be paid by the county treasurer an itemized statement thereof shall be furnished the said treasurer showing that said expense has been paid and the name of the recipient of said payment. No credit shall be taken for any such items unless duly itemized and authorized by said county commissioners or other fiscal agent. Office expenses. Section 12. Be it further enacted by the authority aforesaid, that no county official, deputy assistant and no member of the board of county commissioners of roads and revenues nor any chairman thereof shall be paid from the county treasury any extra compensation, except ligitimate expense duly authorized by said board. Expenses. Section 13. Be it further enacted by the authority aforesaid, that there shall be no obligation upon the clerk, sheriff, tax commissioner, or the ordinary to keep filled all of said positions in their respective offices,

Page 2695

when, in their judgment, any such deputy, clerk or assistant may be advantageously dispensed with; and such officials may from time to time fill or fail to fill any such positions. Vacancies. Section 14. Be it further enacted by the authority aforesaid, that in case of emergency arising in any of said offices, that is to say, in the office of the clerk of the superior court, or of the sheriff, or of the ordinary, or tax commissioner, or county treasurer, upon the same being called to the attention of the board of commissioners of roads and revenues of any such county by any of said officers in writing, the said board upon a vote of a majority of such board may authorize such officer so applying to appoint such additional number of deputies, and, or clerks, as such board deems necessary; and such board shall fix their compensation; provided; nevertheless, when in the opinion of a majority of such board such emergency shall have ceased, such board may discharge or require the discharge or dismissal of any or all of such emergency appointees. All such emergency clerks or deputies shall be paid while lawfully serving as such from the county treasury in the same manner as other salaries are paid; provided, nevertheless, the clerk of the superior court, the sheriff, the tax commissioner, or the ordinary in any such county or the fiscal agent of such county, may request any deputy's clerk's, assistant's or stenographer's superior officer working under one office to be transferred from one office to another at such time or times as said superior officer may deem the service of such deputy, clerk, assistant, or stenographer to be unnecessary in his office from where removed, and during such time that such deputy, clerk, assistant or stenographer may be working elsewhere under such orders, his or her position shall not be filled in the office from where removed, and as soon as such emergency may cease to exist then said superior officer from where removed may order the return of such deputy, clerk, assistant, or stenographer to his or her original position. Emergency employees. Section 15. Be it further enacted by the authority aforesaid, that it shall be proper and lawful for the

Page 2696

treasurer of the county or other custodian or depository of county funds, to pay out of the county funds the monthly portion of such salaries and expenses to each officer and county attorney herein named, together with the salaries fixed for the assistants and deputies and expenses of the office, and it shall be the duty of the sheriff, clerk, ordinary, and tax commissioner to disburse the salaries of assistants and deputies and expenses of the office. Payment of salaries, etc. Section 16. Be it further enacted by the authority aforesaid, that all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which shall be allowed by law after the approval of this Act, to be received or collected for services rendered after the approval of this Act, by any officer herein named, shall be received and collected by all of said officers and each of them for the sole use of the county in which they are collected and shall be held as public monies belonging to said county and accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing such collections and the source from which collected, to the board of commissioners of such county. The fees received for the State by the tax commissioner shall be collected and received by such officers for and on behalf of such counties as are described in section 1 hereof, and immediately upon collection of the same by said officers, the said funds so collected shall be turned over to the county treasurer, or other depository of county funds. Fees. Section 17. Be it further enacted by the authority aforesaid, that the salaries of the various officials herein fixed shall be their sole compensation, and all fees accruing after the approval of this Act are hereby abolished so far as the same constitutes the compensation of said officers, but the same schedule of fees and costs prescribed under the existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the

Page 2697

treasury of such counties as are described in section 1 hereof. Intent. Section 18. Be it further enacted by the authority aforesaid, that in the distribution among the officers to whom this Act applies of all costs both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees which may become due and payable after the approval of this Act, in such counties as are described in section 1 hereof, the said counties shall be subrogated to the rights and claims of any of the officers named in this Act, who, but for this Act, would be entitled to compensation out of the county fines, forfeitures and fees, and shall be after the approval of this Act, entitled to all funds, monies, or emoluments accruing in said county to any of the officers herein named, after the approval of this Act when orders on the insolvent fund or other judgment of findings entered or approved, as to the distribution of said fund between the various officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the present system, the same shall be entered and approved in the name of the respective officers for such portion of said monies as they are entitled to, for the use and benefit of the county. The procedure now in force as to which officer shall collect the costs, and as to the distribution thereof shall remain in force but as herein provided all such sums shall be collected for the use of the county treasury, of such counties as are described in section 1 hereof, by the officer by whom collected, as herein provided; and all fees collected by the tax commissioners from the State or from any source whatsoever by virtue of their respective offices, shall be paid into the county treasuries and belong to such county or counties. Fees. Section 19. Be it further enacted by the authority aforesaid, that the county police in all such counties as coming within the provisions of this Act are hereby abolished, and all county police work in such counties shall be done by and through the sheriff of said counties

Page 2698

and his deputies; and in no such county shall the board of commissioners of roads and revenues establish or maintain any county police in addition to that maintained through the sheriff and his deputies. Sheriff's duties. Section 20. Be it further enacted by the authority aforesaid, that all premiums on bonds or insurance required of the officers, their deputies or assistants, mentioned in this Act, shall be paid by the board of commissioners of roads and revenues or other fiscal agent of said counties. Bonds, etc. Section 21. Be it further enacted by the authority aforesaid, the board of commissioners of roads and revenues of any such counties, shall have the right, in case of emergency to authorize pay raises for any of the officers and employees provided for by this Act and shall have the authority to employ additional employees or assistants in any of said offices in such counties and shall have the authority to fix compensation for such additional assistants or employees, provided, nevertheless, said board of commissioners may at any time, require the discharge of any such emergency employee or the reduction in pay of any emergency pay increase granted to any of the employees or officers provided for by this Act. Pay raises, etc. Section 22. No other funds except those herein stated shall be appropriated to the clerk, sheriff, tax commissioner, or the ordinary for the purpose of making salary adjustments, unless the board of commissioners or other fiscal agents shall deem it advisable to make other salary adjustments as provided by other provisions of this Act. Same. Section 23. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict, whether general or special Acts, are hereby repealed, and if any part of this Act should be declared unconstitutional or invalid, it shall not affect the remaining portions thereof. Severability. Approved March 28, 1961.

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CITY OF ATLANTAEMERITUS OFFICES. No. 254 (House Bill No. 509). 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 the State of Georgia, and it is hereby enacted by authority of the same, that the Act described in the caption to this Act be and the same is 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. Section 2. The mayor and board of aldermen of the City of Atlanta are authorized and empowered to create by ordinance in the government of the City of Atlanta emeritus offices for retired heads of departments of said city, subject to the conditions hereinafter set forth. The salaries to be paid such emeritus officers shall not exceed the sum of $3,600.00 per year, which sum may be divided into monthly, semi-monthly or bi-weekly payments and shall be in addition to any pension which such retired department head may be entitled to receive. Such department heads emeritus shall serve the city in an advisory capacity when requested to do so by any succeeding active department head. Offices, salaries. Section 3. The mayor and board of aldermen of said city are authorized and empowered to provide by ordinance that the heads of the various departments of the city government of Atlanta, upon retirement from active

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service under any retirement or pension plan in force in the government of the City of Atlanta and who shall have reached the age of 65 years, or an age which is within 5 years of the time of the compulsory retirement of such department head under any applicable law, and who shall have been in the active service of the city for 25 years, 8 of which shall have been served as a department head, shall immediately become emeritus officers of said city in and for their respective departments. They shall serve in their respective emeritus offices for the remainder of their lives or until they resign therefrom. This Act shall apply to both present and future heads of departments of said city, and to any department head who may have retired as of December 31, 1960. Qualifications. Section 4. Wherever any emeritus office has heretofore been created by this charter, as amended, and the salary of such emeritus officer fixed, the mayor and board of aldermen shall fix the salary to be paid such emeritus officer at a sum not less than the salaries fixed for other emeritus officers of said city whose positions may be created under the terms of this Act. Salaries. Section 5. Except as set forth in section 4 above, the provisions of this Act shall not apply to or affect the rights and privileges of any emeritus officer whose position has been or shall hereafter be created by statute. Intent. Section 6. The age requirements of section 3 of this Act shall not apply to any department head who shall fail to be re-elected or re-appointed or whose office shall be abolished or is compelled to retire by virtue of total and permanent disability, provided such department head has spent 25 years in active service of the city, 8 years of which shall have been as a department head. Any department head coming within the provisions of this section shall become emeritus officers and shall receive a salary in accordance with section 2 of this Act. Qualifications. Section 7. Acceptance of an appointment to an emeritus office shall not prevent the person so accepting such office from holding an office elective or appointive in

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the federal, state or county governments so long as such employment shall not interfere with his duties as provided by this Act. Other employment. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Georgia..... Fulton County. Personally appeared before me the undersigned, Ralph McClelland, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1961 session of the General Assembly of Georgia, which convenes on Monday, January 9, 1961, 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 13th day of December, 1960. /s/ J. C. Savage, City Attorney, City of Atlanta. Dec 15 22 29 Jan 5 12 19 26

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This 20 day of February, 1961. /s/ Ralph McClelland. Sworn to and subscribed before me, this 20 day of Feb., 1961. /s/ J. C. Murphey, Notary Public. (Seal). Approved March 28, 1961. DECATUR COUNTYTREASURER'S SALARY. No. 255 (House Bill No. 516). An Act to amend an Act relating to the compensation of the treasurer of Decatur County approved August 16, 1915 (Ga. L. 1915, p. 209), as amended by an Act approved July 27, 1925 (Ga. L. 1925, p. 627), and an Act approved August 14, 1931 (Ga. L. 1931, p. 454), so as to provide for a change in the monthly compensation in the salary of the county treasurer of Decatur County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the compensation of the Treasurer of Decatur County approved August 16, 1915 (Ga. L. 1915, p. 209), as amended by an Act approved July 27, 1925 (Ga. L. 1925, p. 627), and an Act approved August 14, 1931 (Ga. L. 1931, p. 454), is hereby amended by striking the words and figures seventy five ($75.00) dollars per month from section 1 of said Act and inserting in lieu thereof the words and figures one hundred ($100.00) dollars per month so that section 1, when so amended shall read as follows:

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the treasurer of Decatur County shall receive as sole compensation for his services a salary of one hundred ($100.00) dollars per month, to be paid by the board of commissioners of roads and revenues of said county from funds provided by them for such purpose in lieu of any or all commissions now paid and authorized 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 we, the undersigned, intend to introduce in the General Assembly of Georgia a Bill to increase the salary of the county treasurer of Decatur County from $75.00 per month to $150.00 per month. This 16th day of January, 1961. /s/ G. Harvey Dollar, /s/ John L. Taylor, Members of General Assembly of Georgia, Decatur County Representatives. (Jan. 19-26-Feb. 2) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Harvey Dollar, 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 Bainbridge Post-Searchlight, which is the official organ of said county, on the following dates: Jan. 19, 26 and Feb. 2, 1961. /s/ G. Harvey Dollar, Representative, Decatur County.

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Sworn to and subscribed before me, this 20th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 28, 1961. CITY OF ZEBULONNEW CHARTER, REFERENDUM. No. 256 (House Bill No. 244). An Act to provide a new charter for the City of Zebulon in Pike County, Georgia; to consolidate existing laws incorporating the City of Zebulon; to provide for the continued incorporation of said city and to define the corporate limits thereof; to establish a city government; to prescribe the general powers of said city; to provide for a mayor and councilmen, their qualifications and term of office; to provide for elections and the conduct thereof; to provide for the recall, initiative and referendum; to prescribe oaths of office; to prescribe the duties of officials; to prescribe the procedure of the council and for the exercise of the veto by the mayor; to constitute councilmen ex officio justices of the peace; to provide for maintenance of order; to provide for council meetings and records; to provide for changes in compensation; to exclude elective officials from other positions in the city government; to grant authority over departments and employees; to provide for a city clerk and his duties; to grant authority to enact ordinances; to provide for the codification of ordinances; to prescribe disqualification in case of personal interest; to provide for continuity of existing ordinances; to grant authority to license and regulate and tax businesses and professions; to provide for the granting of franchises; to

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grant the power of taxation and provide for collections, returns and payment; to establish a board of tax assessors; to provide for the expenditure of funds for professional assistance; to provide for bond issues; to grant authority to adopt a budget; to provide for audits and to grant authority to obtain professional assistance for that purpose; to grant authority to borrow money; to grant authority to the city over its streets and alleys; to grant the power of eminent domain; to provide for street improvements; to grant authority over sewers and drains; to provide for zoning and planning; to provide for building, electrical and plumbing regulations; to provide for municipal utilities; to provide for cemeteries; to establish a mayor's court for the City of Zebulon, to prescribe its powers, jurisdiction, records, procedure, and to provide for certiorari; to constitute this Act severable; to provide for a referendum; to repeal certain laws; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Article I . Section 1.1. Incorporation The inhabitants of the City of Zebulon as its corporate limits now exist, or shall hereafter be established as provided by law, shall continue in perpetuity as a body corporate and politic known as the City of Zebulon. All of the corporate rights, privileges, powers, duties, liabilities, and obligations imposed by law upon said corporate body shall continue of full force and effect except as otherwise altered herein. All property rights of whatever nature held, owned, or possessed by the City of Zebulon shall be preserved unto said city unless otherwise provided by this charter. The present elected officials shall remain vested of their titles and authority until such time as they are succeeded or re-elected as provided herein. Section 2.1. Corporate Limits The corporate limits of the City of Zebulon are hereby declared to extend one-half mile from the center of the courthouse in every direction.

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Section 3.1. Establishment of City Government The corporate and governmental powers of the City of Zebulon shall be vested in a mayor and four (4) councilmen to be known as the Mayor and Council of the City of Zebulon. The mayor and council shall be elected by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by duly established ordinances of the City of Zebulon. Section 4.1. Powers, Generally The City of Zebulon shall have, and is hereby vested with, all powers granted to municipal corporations by the Constitution of Georgia and by the general statutes of Georgia applicable to such municipal corporation, and the enumeration of particular powers in this charter shall in no way act as a limitation on the city's authority to exercise such powers conferred on municipal corporations generally by the Constitution or competent State authority. In addition to the express powers conferred by this charter, the Constitution of Georgia and the general statutes of this State, the city shall have such other powers as are necessarily or fairly implied from the express powers granted. Cumulative to all other powers, the City of Zebulon may adopt and use a common seal; contract and be contracted with; sue and be sued in any court of law, subject to the liabilities and immunities of municipal corporations generally under the laws of this State; plead and be impleaded; purchase, acquire, hold, own, accept by gift, lease, or otherwise possess or enjoy any estate in property both real and personal, and may dispose of the same subject to this Act and the laws of general application to such municipal corporation. Article II . Section 5.1. Mayor: Qualifications, Term of Office To be eligible for the office of mayor a person must meet the requirements of a qualified elector for members of

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the General Assembly as prescribed by State law, must have been a bona fide resident of the City of Zebulon for three months next preceding the election in which he offers as a candidate, and must have no debts outstanding against him in favor of the city. The term of office of mayor shall be two (2) years. If at any time after his election a mayor or mayor-elect shall be convicted by a court of competent jurisdiction of a crime involving moral turpitude the office shall be declared by the council to be vacant and shall be filled in the manner herein prescribed for filling vacancies occurring in the office of mayor or councilman. Section 6.1. Councilmen: Qualifications, Terms of Office The qualifications for the office of councilman shall be the same as those prescribed for the office of mayor. The term of office of councilman shall be two (2) years: Provided, however, that in the first election held under this charter the two candidates for councilman receiving the highest number of votes shall serve for two years and the remaining two elected shall serve for one year, in order that the terms will be staggered. In the event of a three or four-way tie, the council shall determine by lot upon taking office who is to serve the one-year terms. Article III . Section 7.1. Regular Elections, Time for Holding The regular election for mayor and councilmen, or councilmen, shall be held on the first Saturday in December of each year. Officials elected at any regular election shall take office on the first of January next following such election. Section 8.1. Qualification of Electors Any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of Zebulon for three months next preceding the election in which he desires to vote, and who has no delinquent debts owing to the city, shall be qualified

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to register as an elector in any city election held under this charter. Section 9.1. Election Managers The mayor and council shall elect, at least thirty days prior to every election, three qualified electors of the City of Zebulon who shall be election managers. The election managers shall be responsible for the proper conduct of the election, for preventing any fraud in connection therewith, for the proper counting of the ballots, and for certifying the results as prescribed herein. Prior to the opening of the polls the election managers shall take the following oath in the presence of any judge, justice of the peace, or in the presence of each other: I (name) do solemnly affirm that I will fulfill the responsibility placed upon me as an election manager to the best of my ability, that I will uphold the law in connection therewith, and faithfully certify the results as prescribed by law. So help me God. Section 10.1. Conduct of ElectionsNotice The mayor and council shall give notice of every regular or special city election at least thirty (30) days prior to said election by advertisement in the newspaper in which Pike County Sheriff's advertisements are made, and by posting said notice in at least three conspicuous places within the city. The notice shall contain the time and place of holding the election, the offices to be filled and any other questions to be voted on. Section 10.2. Time of ElectionsBallots The polls shall be open from 7 o'clock a.m. to 7 o'clock p.m. All voting shall be by ballot. Section 10.3. Place of Elections The place for holding elections shall be prescribed by the mayor and council in the election notice. Section 10.4. Voter Registration In all elections held in the City of Zebulon, whether primary elections, special

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or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as herein provided for. It shall be the duty of the clerk of the City of Zebulon to open at his office in said city, within ten days from the date of approval of this Act, a book for the registration of voters for said City of Zebulon, and keep the same open at his office at all times when his office is open for the payment of taxes or transaction of city business, except as hereinafter provided. Each person entitled to vote in said city shall subscribe in said book, which shall be arranged in alphabetical order, his or her name, age, place of residence, and occupation. Said clerk must not permit any one to register who is not entitled to do so; and if he knowingly permits this to be done, he shall be discharged from office or otherwise punished as the mayor and council may decide. Such registration shall be permanent, and all names registered as herein prescribed shall remain upon said list and be qualified to vote in any election so long as said voters shall not become disqualified or his or her name be stricken from the registration list as hereinafter provided. The said registration book shall be closed ten (10) days immediately preceding each election held in said city, whether the same be a primary election, special or general election, after which time no one shall be allowed or permitted to register for such election, and not until after such election, when said book shall be reopened for registration of voters. At all other times said book shall be kept open as herein provided. No person shall be allowed to vote at any election held in said city unless he or she has registered prior to the closing of said books and his or her name appears upon the registration list. Section 10.5. Voter's ListsPurging It shall be the duty of the clerk of said city to check the registration list from time to time as may be required by the mayor and council of said City of Zebulon; and upon finding the name [UNK]of any voter who has become disqualified by failure to pay taxes, removal from the city, or other legal cause, he shall furnish the mayor and council of said

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city with a list of such names with the reasons for their disqualifications, and it shall be the duty of the said mayor and council to revise said registration lists and determine whether the name of such voter should be stricken from the list, after the clerk has given five days written notice to said voter of the time and place when said matter will be acted upon by said mayor and council, said notice to be served either personally by any officer of said city authorized to serve city processes, or by mailing same to the last known address of the voter. At the time fixed in the notice the voter shall have the right to be heard by the said mayor and council before any final action is taken, if he or she so desires. Section 10.6. Voter's ListsBoard of Registrars Be it further enacted by the authority aforesaid, that the mayor and council of the City of Zebulon may prescribe such further rules and regulations with reference to registering, or the revision of the registration lists, as they may see fit and proper, and may create a board of registrars if deemed best, and may delegate to, and place upon, said board of registrars any or all of the duties herein imposed upon the clerk or the mayor and council, and they may place any or all of said duties upon any official or officials of said city they may designate, and provide additional compensation to be paid therefor if they see fit. Section 10.7. Challenge Any candidate, election manager, or qualified elector may challenge any voter and upon such challenge an election manager shall cause the challenged voter to take the following oath: I (name) do solemnly swear that I meet the requirements of an elector for members of the General Assembly of Georgia, that I have resided in Zebulon for at least thirty days preceding this election, that I owe no delinquent debts of any nature to the City of Zebulon and that I have not previously voted in this election. So help me God. This oath shall be subscribed on the voter's list opposite the name of the challenged elector. Section 10.8. Supplies The mayor and council shall

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direct that all necessary supplies including ballots, needed for holding the election are placed in the hands of election managers. Section 10.9. Counting the Ballots, Certifying Results The election managers shall proceed to count the ballots when the polls are closed. When all votes have been recorded, the ballots will be sealed in a container and delivered to the city clerk who shall retain them, unopened, for sixty days. In the event the election is contested or a recount demanded, the election managers in the presence of the council shall reopen the ballots and conduct such recount or take other action as deemed necessary to assure that no mistake or fraud has occurred. Cases of contested elections shall be heard and decided by the mayor and council. If there is no contest, at the end of sixty days the ballots will be destroyed by the clerk. The tally sheets containing the results of the election, along with the voters' list shall be certified by the managers and sealed in an envelope. The election managers shall place their signatures over the seal, and within twenty-four hours deliver the envelope to the mayor. The mayor shall call a meeting of the council at the earliest convenient time and in the presence of the council, the mayor shall open the envelope and announce the results. Those persons receiving the highest number of votes for any office shall be declared elected. Section 10.10. Rules The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter as are deemed necessary for the conduct of elections. Section 11.1. Special Elections, Vacancies, Bond Issues In the [UNK] event of a vacancy from any cause whatsoever in an elective office, the mayor and council, or those remaining, shall call a special election to be held not less than thirty nor more than forty-five days from the time such vacancy occurs. Such special election shall be held

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in accordance with the procedure established by this charter for regular elections. Special elections may be called at any time by the mayor and council for the purpose of voting on bond issues or other questions required or permitted by law to be presented to the electorate. The procedure established for regular elections shall govern: Provided, however, that in the case of bond issues the election notice shall conform to the requirements of State law. Section 12.1. Recall, Initiative and Referendum Any elective official of the city may be recalled by the electorate in the following manner; Those persons, qualified electors in the City of Zebulon, desiring to recall an elective official shall circulate a petition among the qualified voters of said city stating the name and office occupied by the person being recalled, and setting forth concisely the reasons for such action. When the petition contains the names of at least ten (10) per cent of the qualified voters registered at the last regular election, said petition shall be presented to the clerk. The clerk shall then open a registration book for the purpose of registering those qualified voters who desire a referendum on the question. If within thirty days, at least twenty-five (25) per cent of the number of voters registered at the last regular election shall sign such book, then a referendum shall be called on the question not less than thirty nor more than forty-five days from such time as the necessary twenty-five per cent sign the book. Such referendum shall be governed by the procedure for regular elections and the ballot shall present the question: For recall offrom the office of. Voters shall scratch one leaving their choice. If a majority vote for recall the office shall be declared vacant and filled in the manner prescribed herein for filling vacancies. Any ordinance may be proposed by the electorate through the initiative as follows: Those qualified voters desiring to initiate an ordinance shall have the same printed on a petition which they shall circulate among

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the qualified voters of the city. When at least five (5) per cent of the number of qualified voters registered at the last regular election shall have signed the petition, it shall be presented to the mayor and council at the next regular council meeting. The mayor and council shall consider the ordinance, and within thirty days from date of receipt of the petition shall either vote to take no election thereon or shall proceed to pass the proposal in the manner fixed for enacting ordinances. If the vote is to take no action, the clerk will notify the petitioners of such action, and shall open a special registration book which shall remain open for thirty days. Whenever twenty-five (25) per cent of the number of qualified voters registered at the last regular election shall sign said registration book, the clerk shall notify the mayor who shall call a special election in the manner prescribed, and the election notice shall contain the proposed ordinance. If a majority of the qualified voters voting in the special election vote for the proposal, it shall be declared in force. The electorate may call for a referendum on any ordinance enacted by the mayor and council, in the following manner: Those qualified voters desiring such referendum shall circulate among the qualified voters of the city a petition setting forth the ordinance on which a referendum is desired. When at least five (5) per cent of the number of qualified voters registered at the last regular election shall have signed such petition it shall be presented to the clerk who shall open a special registration book. When twenty-five (25) per cent of the number of qualified voters registered at the last regular election shall sign such book, the clerk shall notify the mayor who shall suspend any action pursuant to the ordinance in question, and a special election shall be called on the question in the manner prescribed. The election notice shall set forth the ordinance on which the referendum is called. If a majority of the voters voting in the referendum vote for the ordinance it shall be declared of full force and effect. If a majority of

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voters voting in the referendum vote against the ordinance it shall be declared void. Article IV . Section 13.1. Mayor and Council, Oath of Office Upon taking office the mayor shall take the following oath in the presence of the council and shall then administer the oath to the council members. Each oath shall be entered and subscribed on the minutes: I (name) do solemnly swear (or affirm) that I will faithfully and to the best of my ability perform the duties of mayor (councilman) of the City of Zebulon, that I will uphold the Constitution and Laws of the United States and of the State of Georgia, and that I will enforce the provisions of the charter and all duly enacted ordinances of the City of Zebulon, so help me God. Section 14.1. Mayor, Duties The mayor is the chief executive officer of the city and chairman of the council. He shall preside at all official meetings of the city government. He is responsible to the people for seeing that the provisions of this charter and all duly enacted ordinances are carried out. He shall supervise the administration of the city government. He shall preside over the mayor's court established by this charter and for all intents and purposes he is constituted an ex officio justice of the peace in the matter of and pertaining to criminal cases of whatever nature in the several courts of this State. Section 15.1. Councilmen, Duties The council is the legislative body of the city government and is charged with the responsibility and authority for exercising the powers and duties conferred by this charter and by ordinances enacted hereunder. At the first council meeting after taking office the council shall elect a mayor pro tempore who shall exercise the authority and duties of the mayor in his absence, or in the event the office of mayor becomes vacant for

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any reason, he shall occupy such office until it shall be filed as provided herein. Section 16.1. Exercising the Vote, Quorum, Veto The mayor and each councilman shall have one vote on any measure, including ordinances, which is before the council. Three members shall constitute a quorum for conducting business. A majority vote rules: Provided, however, that the mayor shall have the authority to veto any measure passed by the council. Such veto must be exercised prior to the next succeeding regular council meeting to the one at which the measure was approved. The council may override the veto by a two-thirds vote of the full council. Section 17.1. Councilmen: Ex-officio Justices of Peace Each Councilman of the City of Zebulon is hereby constituted an ex-officio justice of the peace for the purpose of issuing warrants for offenses of any nature committed within the jurisdiction of said city. Said warrants are to be executed by any officer authorized under this charter so to do, or by any other officer authorized to make arrests by the State or its subdivisions. Section 17.2. Authority of Mayor and Council to Maintain Order The mayor and each councilman is hereby granted the authority to call forth any and all male citizens of said town to aid in the arrest and apprehension of persons disturbing the peace or violating any laws of said city, and to assist in suppressing riots or other public disturbances. It shall be a misdemeanor for any such citizen to fail to respond when so called unless he shall make proper showing that he was physically incapacitated at the time. Section 18.1. Council Meetings, Records The council shall hold its regular meetings at such time as fixed by ordinance, but they shall be held at least monthly and shall be open to the public. Special meetings shall be called at the discretion of the mayor or may be called by any two councilmen. The minutes of every regular

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or special meeting shall be accurately recorded in a minute book to be kept as a public record in the office of the clerk and they shall be signed for each meeting by the mayor, or by the clerk in the name of the mayor. Section 19.1. Mayor and Councilmen, Salaries The compensation of the mayor and council members shall be as prescribed by ordinance: Provided that salary changes enacted shall not become effective during the term of the council enacting such change. Section 20.1. Mayor and Councilmen, Excluded From Other Positions Neither the mayor nor any council member may occupy any other elective position within the city government. Article V . Section 21.1. Departments, Employees The mayor and council shall have the authority to establish by ordinance such departments within the city government as they shall deem necessary and expedient to accomplish any purpose consistent with this charter or the laws of the State of Georgia. The officers, employees, and rules and regulations, including the fixing of compensation, duties and authority of personnel governing such departments shall be as established by ordinance. The appointment and discharge of personnel shall be the authority of the mayor, but in every case the council shall have the right of approval. In every case where an officer or employee of the city is discharged under circumstances which could be prejudicial he shall have the right to a public hearing before the council upon his written request. Section 22.1. City Clerk The mayor and council at the first meeting each year shall elect a city clerk who shall act as clerk of council, keep the minutes, ordinances and resolutions, give notice of meetings and perform all other duties required by this charter or prescribed by the mayor and council. Either the chief of police or the

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clerk may act as marshal for the purposes of levying and collecting all fi. fas. for taxes, assessments and fines due the city and both may levy and sell property in accordance with the laws in effect in this State governing sheriff's sales. Article VI . Section 23.1. Ordinances The mayor and council shall have the authority to pass any resolution or ordinance consistent with this charter, the Constitution and general laws of the State of Georgia, which it shall deem necessary, expedient or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, morals, prosperity and well-being of the citizens of Zebulon. All resolutions and ordinances proposed shall be in writing and shall be read at an official meeting of the council. No resolution or ordinance shall be voted on at the meeting at which it is first read, but the vote thereon shall be called at a subsequent meeting on a separate day. The first reading, final passage and vote on every measure shall be recorded in the official minutes. Section 24.1. Codification The ordinances of the city, by-laws, and charter may at any time be codified into one book to be known as the code of the City of Zebulon and the same shall be adopted by the council. When said code is adopted it shall be admissable in evidence in any court of law upon the certificate of the clerk in the name of the mayor stating that the same is the official code of the City of Zebulon. Section 25.1. Personal Interest It shall be improper and illegal for the mayor or any council member to vote upon any question in which he has a personal interest. Section 26.1. Ordinances: Continuing in Force All duly enacted ordinances passed prior to the adoption of this charter shall continue in full force and effect, unless the same shall be in conflict herewith, until such time

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as they are amended or repealed in accordance with this charter. Article VII . Section 27.1. Power to Regulate and License The power is hereby granted to the city to provide by ordinance for the registration and licensing of any trade business, occupation, vocation, profession, and any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the city, and regardless of whether or not the subject has an office or establishment within the city. The mayor and council are authorized to fix the amount, terms and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police power of the city and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee for the privilege of operating within the city. This authority extends over individuals, partnerships, associations and corporations, and their agents. Section 28.1. Further Power to Regulate In addition to, or cumulative of, any other power and authority granted herein, the City of Zebulon 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 kinds of tables, tenpins, shooting galleries,

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and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, alcoholic and non-alcoholic, 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 and 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 maner as ad valorem tax 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. Section 29.1. Franchises The authority is hereby vested in the city to exercise control over the use of its streets. The power is hereby conferred on the City to grant franchises for the use of its streets and alleys, for the purposes of railroads, street railways, telephone and electric companies and transportation companies. This franchise right extends to, but is not limited to, the erection of poles and stringing of wires, laying of pipes, lines,

Page 2720

or conduits, both above and below the surface. The mayor and council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises: Provided, however, that no franchise shall be granted for a period in excess of fifty (50) years. The mayor and council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The mayor and council may provide by ordinance for the registration, within a reasonable time, of all franchises previously granted. Article VIII . Section 30.1. Taxation and Finance: Ad valorem Tax For the purpose of defraying the cost of government, the mayor and council are hereby authorized to levy and collect an ad valorem tax on all property subject to taxation, both real and personal, within the city limits. The rate of taxation shall be as prescribed by ordinance within the maximum limits established by the Constitution and laws of the State of Georgia. If additional funds over and above the amount realized from the maximum allowable rate are necessary to defray the cost of government, such additional amounts shall be raised in accordance with Georgia Code Annotated, section 92-4104, as it now exists or as it shall be amended or superseded. Section 30.2. Collections, Returns, Payment The city clerk, or other officer designated by the mayor and council, shall be the city tax collector. The manner and time of making returns and payments shall be as prescribed by ordinance. The mayor and council is empowered to provide for penalties and interest on delinquent taxes: Provided, that any penalty shall not exceed an amount equal to the amount of the tax due plus interest at 7% from the date due. The clerk shall enforce all taxes duly assessed under this charter by issuing executions against the delinquent party or his property. Such execution shall be directed

Page 2721

to an officer authorized to execute same who shall levy on the property and conduct a sale in the manner prescribed for sheriff's sales in this State. Section 30.3. Payment by Installment The mayor and council may provide for payment of taxes by installment: Provided, however, that all installments shall become due within one year from the date said taxes were due. Section 30.4. Assessors The mayor and council shall elect three (3) qualified voters of the city who shall constitute the board of tax assessors. Said tax assessors may be removed and replaced at the discretion of the mayor and council. Upon being appointed each tax assessor shall take the following oath. I do solemnly swear to faithfully execute the duties of tax assessor to the best of my ability and to uphold the charter and ordinances of the City of Zebulon and the Constitution and laws of the State of Georgia as they relate to my office. So help me God. It shall be the duty of the board of tax assessors to assess the taxable property within the city and to cause the same to be placed on the digest, to equalize assessments to discover and return for taxation any taxable property which has not been placed on the digest or returned by the owner as required by ordinance, and to review their assessments from time to time as necessary. Appeals shall be made to the full board of tax assessors in a manner prescribed by ordinance and the decisions of the board shall be binding on the taxpayer. Affidavits of illegality may be filed in the manner prescribed by State law for county taxes and directed to the Superior Court of Pike County. Section 30.5. Professional Assistance The mayor and council are authorized to hire and contract with professional corporations, firms and individuals for the

Page 2722

purpose of securing advice and assistance for the board of assessors in regard to any matter of tax assessment, revaluation or evalution, or any other matter pertaining to the proper administration of applicable tax laws and ordinances. Section 31.1. Further Power to Tax The mayor and council shall have the power to levy such other taxes, in addition to those enumerated herein, as shall be authorized by the General Assembly. Section 32.1. Bond Issues The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken. Section 33.1. Annual Budget and Audit The mayor and council shall have the authority to adopt an annual budget and to provide for an audit of the city's finances. The governing authority may hire and contract with professional auditors for their services. Section 34.1. Power to Borrow The mayor and council is hereby vested with the power to borrow money in the name of the city for the purpose of making up temporary deficits in the city treasury. Such loans shall not exceed one (1) mill, and shall be repaid within the fiscal year in which such loan is made. Article IX . Section 35.1. Streets The mayor and council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, and otherwise exercise complete control over its streets, alleys, squares, and sidewalks. Section 35.2. Streets: Eminent Domain In order to

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carry out the powers granted, the power of eminent domain is conferred upon the mayor and council. The power of eminent domain shall be exercised in accordance with Georgia Code, Chapters 32-2 through 32-6 and all laws amendatory or suplemental thereto. Section 35.3. Streets: Nuisances The mayor and council shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys or sidewalks, or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose. The mayor and council shall have the power to determine what constitutes a nuisance. Section 35.4. Street Improvements At such time as Chapter 69-4, Georgia Code, is adopted by referendum as provided by Code section 69-402, the same shall become a part of this charter, subject to all future amendments and supplements to said Chapter 69-4, and said Chapter 69-4 shall govern street improvements within the city. Section 36.1. Sewers and Drains The power is hereby granted to the mayor and council to provide for the establishment, extension and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes the city is granted the power of eminent domain both within and without the corporate limits. Power of eminent domain shall be exercised in accordance with Chapters 32-2 through 32-6, Georgia Code, subject to such amendments and supplements as shall be enacted thereto. Article X . Section 37.1. Zoning and Planning The mayor and council is hereby vested with such powers relative to zoning and planning within the corporate limits as are granted to municipalities under Chapter 69-8, Georgia Code, and any amendments or supplements which may be enacted thereto.

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Section 38.1. Building, Electrical and Plumbing Regulations The mayor and council is hereby vested with the power to enact such reasonable rules and regulations as to it may seem necessary or expedient regarding the construction of buildings, remodeling of buildings, plumbing, and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the governing body, be exercised by adoption of such standard building, electrical and plumbing codes as may seem appropriate. The mayor and council is empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees for inspections and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, or electrical, or plumbing work. The mayor and council may enact all ordinances necessary to enforce said rules and regulations. Section 39.1. Municipal Utilities The mayor and council is hereby granted the power and authority to acquire, own, hold, maintain and operate a waterworks system, and gas systems. To establish rates and charge fees for services rendered by any of said systems. To finance any of said systems through appropriate bond issues in accordance with law. To exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits. To contract to furnish service through any of said systems to consumers outside the corporate limits. Section 40.1. Cemeteries The mayor and council is hereby granted the authority to purchase, acquire, lease, accept, and hold property, or any legal interest therein, for the purpose of establishing and maintaining public cemeteries whenever the same shall be deemed in the best interests of the citizens of said city. The governing body may establish rules and regulations governing cemeteries, and may establish a schedule of fees and charges in connection therewith.

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The power of eminent domain is granted, both within and without the city limits for the purpose of acquiring property for public cemeteries. Article XI . Section 41.1. Mayor's Court Established There is hereby established a court to be known as the Mayor's Court of the City of Zebulon. Said court shall be presided over by the Mayor of the City of Zebulon. In the absence or disqualification of the mayor, the mayor pro tempore shall preside and shall exercise the same powers and duties as the mayor when so acting. Should both the mayor and mayor pro tempore become disqualified, then any member of the council may be delegated by the council to preside with the same powers and duties as the mayor when so acting. Section 41.2. Mayor's CourtConvening The mayor's court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the mayor to dispose of the business of the court or both. The court shall sit at a place designated by the mayor. Section 41.3. Mayor's Court; JurisdictionPowers The mayor's court shall try and punish for crimes against the City of Zebulon and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence, or so near thereto as to affect its operation, for contempt, provided that such punishment shall not exceed fifty dollars ($50) or fifteen (15) days in jail. The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of five hundred dollars ($500) or imprisonment for ninety (90) days or both. The mayor's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violation of State law.

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The mayor's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions for forfeiture of the same. The mayor's court shall have authority to administer oaths and perform all other acts necessary or proper to the conduct of said court. The mayor's court shall have the authority to bind prisoners over to the appropriate court when it appears that a State law has been violated. The mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer so authorized by this Charter or by State law. Section 41.4. Mayor's Court: Records The mayor shall cause the city clerk to keep such records or proceedings as shall be necessary to a full understanding of the charge, evidence and disposition of each case tried before the mayor's court. Section 41.5. Mayor's Court: Certiorari Certiorari from the superior court to the mayor's court shall lie in the same manner and under the same procedure as prescribed for certiorari to the various justice courts of the State. Section 41.6. Mayor's Court: Procedure All reasonable rules and regulations relative to procedure and to the operation of said mayor's court may be enacted by the mayor and council, provided that such rules and regulations shall be consistent with the provisions set forth in this charter and in conformance with the Constitutions of the United States and Georgia and all laws of general application thereunder. Article XI . Section 42.1. The provisions of this Act are severable,

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and should any part or parts thereof be held unconstitutional by a court of competent jurisdiction the same shall not affect those portions remaining, but they shall remain of full force and effect. Section 43.1. Not less than thirty (30) days nor more than forty-five (45) days after the approval of this Act by the Governor, or when it otherwise becomes law, it shall be the duty of the present mayor and council of the City of Zebulon to issue the call for an election for the purpose of submitting this Act to the voters of the City of Zebulon 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 Pike County. The ballot shall have written or printed thereon the words: For approval of the Act granting a new Charter to the City of Zebulon. Against approval of the Act granting a new Charter to the City of Zebulon. 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 Zebulon. 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 thereof to the Secretary of State, and should the vote be for approval this charter shall become

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effective the date the same is so certified to the Secretary of State. Section 44.1. Repeal An Act entitled an Act to create a charter for the City of Zebulon in the County of Pike, Georgia, and to provide a municipal government for said city, and define its boundary lines, and for other purposes, approved August 11, 1909 (Ga. L. 1909, p. 1526), as amended by An Act approved August 19, 1912 (Ga. L. 1912, p. 1557), as amended by An Act approved August 13, 1931 (Ga. L. 1931, p. 1039), is hereby repealed in its entirety. Section 45.1. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit. Personally appeared before the undersigned officer duly authorized to administer oaths, Lamar E. Dunn, who under oath deposes and says that he is the duly elected representative from Pike County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation has been published in the Pike County Journal, which is the official newspaper in which sheriff's advertisements for Pike County are published, for three consecutive weeks on the following dates: Jan. 5, Jan. 12, Jan. 19, 1961. /s/ Lamar E. Dunn, Representative, Pike County, Georgia. Sworn and subscribed to before me this 23rd day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned, Representative of Pike County, Georgia, intends to introduce in the 1961 session of the General Assembly a local bill affecting the City of Zebulon, the title of which follows: A Bill. To be entitled An Act to provide a new charter for the City of Zebulon in Pike County, Georgia; to consolidate existing laws incorporating the City of Zebulon; to provide for the continued incorporation of said city and to define the corporate limits thereof; to establish a city government; to prescribe the general powers of said city; to provide for a mayor and councilmen, their qualifications and terms of office; to provide for elections and the conduct thereof; to prescribe the duties of officials; to prescribe the procedure of the council and for the exercise of the veto by the mayor, to constitute councilmen ex-officio justices of the peace; to provide for maintenance of order to provide for council meetings and records; to provide for changes in compensation; to exclude elective officials from other positions in the city government; to grant authority over departments and employees; to provide for a city clerk and his duties; to grant authority to enact ordinances; to provide for the codification of ordinances; to prescribe disqualification in case of personal interest; to provide for continuity of existing ordinances; to grant authority to license and regulate the tax businesses and professions; to provide for the granting of franchises; to grant the power of taxation and provide for collections, returns and payments; to establish a board of tax assessors; to provide for the expenditures of funds for professional assistance; to provide for bond issues; to grant authority to adopt a budget; to provide for bond issues; to grant authority to obtain professional assistance for that purpose; to grant authority to borrow money; to grant authority to the city over its streets and alleys; to grant the power of eminent domain; to provide for street improvements; to grant authority over sewers and drains; to provide for zoning and planning; to provide for building,

Page 2730

electrical and plumbing regulations; to provide for municipal utilities; to provide for cemeteries; to establish a mayors court for the City of Zebulon, to prescribe its powers, jurisdiction, records, procedure, and to provide for certiorari; to constitute this Act severable; to provide for a referendum; to repeal certain laws; to repeal all conflicting laws and for other purposes. A copy of said bill is on file in the office of the city clerk of Zebulon, and interested parties are invited to inspect the same, if they so desire. /s/ Lamar E. Dunn, Representative, Pike County, Georgia. (Jan. 5, 12, 19, 1961.) Approved March 28, 1961. VILLAGE OF NELLIEVILLEACT CREATING CITY REPEALED. No. 257 (House Bill No. 529). An Act to repeal an Act entitled An Act to incorporate the Village of Nellieville, in the county of Richmond, to provide for the qualification of voters and election of Commissioners for the same, to prescribe the powers and duties of said Commissioners, and for other purposes., approved November 25, 1893 (Ga. L. 1893, p. 269); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the Village of Nellieville, in the County of Richmond, to provide for the qualification of voters and election of commissioners for the same, to prescribe the powers and duties

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of said commissioners, and for other purposes., is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Richmond County. Personally appeared, Marie LeRoy, who being duly sworn says that she is an officer of Southeastern Newspapers, Inc., publishers of The Augusta Herald, a daily newspaper in Augusta, in said State and County, and that the advertisement Notice to abolish the charter of The City of Nellieville duly appeared in said newspaper on the following dates to wit: Jan. 21, 28, Feb. 4, 1961. /s/ Marie LeRoy, Secretary. Sworn to and subscribed before me this 6th day of February, 1961. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. Legal Notice. Notice is hereby given that there will be introduced at the 1961 session of the General Assembly of Georgia local legislation to abolish the charter of the City of Nellieville. This 19th day of January, 1961. /s/ Franklin H. Pierce, Attorney for Richmond County, Georgia. Jan. 21, 28; Feb. 4. Approved March 28, 1961.

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MUNICIPAL COURT OF THE CITY OF AUGUSTA. No. 258 (House Bill No. 527). An Act entitled An Act to abolish justice courts and the office of justice of the peace and notary public ex officio of the peace and the office of constable in the City of Augusta, Georgia; to establish and create in lieu thereof a municipal court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge, and the appointment of the other officers and personnel thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes, together with all the amendatory Acts thereof; to revise, consolidate and clarify all the laws establishing, concerning and relating to the Municipal Court, City of Augusta, Georgia, in and for the County of Richmond; to provide for the election of Judge thereof and the appointment of all other officers; to increase the jurisdiction of said court; to establish and revise the rules of procedure; to provide for trial by jury of six members; to repeal all conflicting and unnecessary laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Acts of the General Assembly, Acts 1931, pages 270 to 285, approved August 28, 1931, and Acts of 1933, pages 299 to 307, approved March 24, 1933, and Acts of 1935, pages 505 to 508, approved March 21, 1935; and Acts of 1937-1938, Extra Session, pages 675 to 686, approved December 29, 1937; Acts 1945, pages 982 to 984, approved March 6, 1945, and pages 1158 to 1159, approved March 9, 1945; Acts of 1948 Extra Session, pages 2070 to 2073, approved February 25, 1949; Acts of 1949 to 1950, pages 2642 to 2646, approved February 17, 1950; Acts of 1951, pages 3345-3368, approved February 21, 1951; Acts of 1953, pages 2823-2824, Nov.-Dec. Sess., approved December 18, 1953; Acts of 1953, pages 2627-2632;

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Jan.-Feb. Sess., approved February 25, 1953; Acts of 1955, pages 3209-3213, approved March 7, 1955; Acts of 1957, pages 3057-3084, approved March 13, 1957; Acts 1958, pages 2555-2560, approved March 7, 1958, all of which Acts relate to Municipal Court, City of Augusta, Richmond County, Georgia, be, and the same are hereby amended, and consolidated by striking said Acts in their entirety, and amending them in their entirety, and inserting in lieu thereof the following, so that said Acts when amended shall read as follows, to-wit: Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That a Municipal Court of the City of Augusta is hereby established and created, and that from and after January 1, 1933, and the election and qualification of the officers of said Municipal Court, no justice court, or justice of the peace or notary public ex officio justice of the peace, or constable shall have or exercise any jurisdiction, civil or criminal, within the incorporate limits of the City of Augusta, Georgia, as they now are or may be hereafter defined. Created. Section 2. Be it further enacted by the authority aforesaid, that said Municipal Court, City of Augusta, shall have concurrent jurisdiction within the County of Richmond, with the Superior Court and other courts of said county, to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law, or by statute in which the principal sum sworn to or claimed to be due, or the value of the property in dispute does not exceed thirty-five hundred ($3500.00) dollars, and of which jurisdiction is not vested by the Constitution and laws of Georgia exclusively in another or other courts. The criminal jurisdiction of the said Municipal Court shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this State, but such jurisdiction shall extend over the entire County of Richmond. Whenever the words principal

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amount sworn to or claimed to be due are used in this Act, it shall be held to mean the principal amount sued for, or the value of the property sued for or claimed, or the alleged amount of liens sought to be enforced by the plaintiff, or the alleged amount sought to be enforced by the defendant, set-off, or counter-claim, exclusively of and not computing interest, hire, attorney's fees and cost. Provided, however, should the amount of a counterclaim or set-off asserted by defendant exceed the jurisdictional limit of this court, the clerk shall, within five days from date of filing said counter-claim or set-off, transfer all pleadings in the subject suit to the Clerk of the Superior Court of Richmond County, Georgia, who shall docket same and thereafter the litigation shall be subject to existing Superior Court rules. Jurisdiction. Section 3. Be it further enacted by the authority aforesaid, that the Municipal Court of the City of Augusta shall have jurisdiction to try and determine all distress warrants and dispossessory warrants, and proceedings to evict intruders and to dispossess and remove tenants holding over. The plaintiff in such proceedings shall have the right to direct the return of the same as to the issues to be tried thereon to either the Municipal Court of the City of Augusta or to the Superior Court of Richmond County, provided such election is stated in the warrant or affidavit at the time the same is issued, and if no such election is so stated said warrant or affidavit shall be returnable to the Municipal Court of the City of Augusta. And in the event that said warrant should be contested and triable in the Municipal Court of the City of Augusta, all issues of law and fact formed thereon by counter-affidavit or otherwise shall be tried by the judge of said court without the intervention of jury, unless a demand for jury trial is filed at the time of filing said warrant, affidavit, counter-affidavit or pleadings thereon, either by the plaintiff or defendant. Failure to file such a demand for trial by jury shall be deemed said jury trial to have been waived. Jurisdiction. Section 4. Be it further enacted by the authority aforesaid,

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that there shall be a judge of said Municipal Court, whose term of office shall be four years and who shall be elected by the qualified voters of the County of Richmond quadrennially at the regular State election for the election of members of the General Assembly and in the same year in which presidential elections are held: Provided that the judge of said court first elected under the terms of this Act shall be elected on the third Wednesday in December, 1932, at the election to be held for that purpose; provided further that all qualified voters of the county resident in and/or outside of the City of Augusta shall be permitted to vote in the voting precinct in which they live in the same manner as they vote for other candidates for other State and/or county officers. Judge's term, etc. Section 5. Be it further enacted by the authority aforesaid, that the Judge of said Municipal Court shall be commissioned by the Governor, and before entering upon the duties of his office shall take the same oath required by law of Superior Court Judges; that any person who shall be elected judge, or appointed clerk or sheriff of said Municipal Court must at the time of his election, or appointment, be a qualified voter of Richmond County, the judge of said court shall be a practicing attorney at law at least five (5) years immediately preceding his election; Provided further that the judge of said court shall be subject to the same restrictions as imposed by law upon the Superior Court judges prohibiting practicing law. Same, oath, etc. Section 6. Be it further enacted by the authority aforesaid, that every vacancy in the office of Judge of said Municipal Court, occasioned by death, resignation, or other cause shall be filled by appointment of the Governor for the unexpired term thereof. Same, vacancies. Section 7. Be it further enacted by the authority aforesaid, that the Judge of said Municipal Court is hereby clothed with the same powers and authority as is conferred by the Constitution and laws of this State upon a justice of the peace, and with such additional rights, powers, and jurisdiction as is provided by the terms of

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this Act; that said judge of said Municipal Court shall have the power and authority, under the limitations set out in this Act, to hear, determine, and dispose of all cases and actions, civil, criminal, of which said court has jurisdiction, and to give judgment and execution therein; to hold court from day to day continuously, if necessary to the dispatch of the business of said court. The judge of said court shall have the same power to preserve order, to compel obedience to his orders, to inflict summary punishment for contempt, to enforce the judgment of his court, as is given by law to the judges of the Superior Courts of this State; provided, however, that said judge shall have no power to impose punishment for contempt exceeding a fine of one hundred ($100.00) dollars and/or thirty (30) days in the county jail. The Judge of said Municipal Court shall have, in addition to the powers enumerated in this Section, all the powers, prerogatives, and authority, in matters wherein the subject matter and the amount involved are not beyond the jurisdiction of said court, that are conferred upon the judges of the Superior Courts, shall apply to the judge of said Municipal Court so far as the same may be applicable, unless inconsistent with the provisions of this Act. Judge's powers, etc. Section 8. Be it further enacted by the authority aforesaid, that in the event the judge of said Municipal Court is, from absence or any cause, or for any reason disqualified to act and/or unable to discharge the duties of his office, or from any causes disqualified from presiding, the Judge of Municipal Court shall have the power to appoint some competent attorney resident in Richmond County, Georgia, said appointment to be concurrent with the term of office for which said judge making such appointment is elected, to preside in said court in his stead, and the attorney when so appointed, when the appointment is entered upon the minutes of the said Municipal Court, shall exercise all of the functions of the judge thereof. The compensation of said attorney for actual service as presiding judge shall be twenty ($20.00) dollars per diem, to be paid as the other officers of said court are paid. Judge pro hac vice.

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Section 9. Be it further enacted by the authority aforesaid, that the salary of the judge of Municipal Court shall be eight thousand nine hundred fifty ($8,950.00) dollars per annum; the salary of the clerk of said court shall be $6,000.00 per annum, the salary of the chief deputy clerk or clerks shall be $3,712.50 per annum, and the clerk of said court shall have the power by and with the consent of the judge of said court to appoint two (2) deputy clerks at $3,341.00 salary per annum; and the clerk of said court shall have the power, by and with the consent of the judge of said court, to appoint one (1) deputy clerk, as the business of said court may demand, at a salary not to exceed ten ($10.00) dollars per diem. The salary of the sheriff of said court shall be $6,000.00 per annum, and the sheriff of said court shall have power by and with the consent of the judge of said court to appoint five (5) deputy sheriffs at $3,898.00 per annum. And with the consent of the judge of said court three (3) deputy sheriff or deputy sheriffs, as the business of said court may demand, at a salary not to exceed fifteen ($15.00) dollars per diem. Provided, nevertheless, that said deputy sheriff, clerk or deputy clerks or deputy sheriffs shall serve only during such time as both the judge, the clerk and/or the sheriff may deem their services necessary for the best interest of the court. Any such deputy clerk or deputy sheriff may be discharged by the judge, and/or clerk or sheriff at any time, and any such vacancy or vacancies thus created shall be filled in the same manner as such officers were originally appointed under this Act as amended. The compensation of all officers of said Municipal Court shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the judge of said court by the officer or officers charged by law with paying out the money of said county and charged as a part of the court expenses of the said court. Salaries. Section 10. Be it further enacted by the authority aforesaid, that the sheriff and the clerk of the Municipal Court, City of Augusta, shall be appointed by the judge of said court for a term of office to run concurrently with his own. The sheriff and the clerk of said court shall have

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authority, with the approval of the judge of said court, to name their deputies who shall hold office at the pleasure of the said sheriff or clerk as the case may be, subject to approval of the judge of said court. It is hereby further provided that the judge and all of the other officers of Municipal Court, City of Augusta, now serving their present term of office are hereby confirmed as the judge and other officers of the said court. Clerk and sheriff. Section 11. Be it further enacted by the authority aforesaid, that all of the requirements and duties, powers and authority imposed by law upon and conferred upon the clerk of Richmond Superior Court and the sheriff of Richmond County shall be obligatory upon and shall be vested in the clerk of said Municipal Court, and the sheriff of said Municipal Court, and the several deputies, respectively and shall be concurrent and co-existent with said clerk of Superior Court and sheriff of Richmond County, except where inconsistent with or limited by the provisions of this Act defining the jurisdiction of said court; provided, however, that the amount of the bond of the clerk of said Municipal Court shall be ten thousand ($10,000.00) dollars, and the amount of the bond of the sheriff of said Municipal Court shall be ten thousand ($10,000.00) dollars, and the amount of the bond of deputy clerks of said Municipal Court shall be five thousand ($5,000.00) dollars, and the amount of the bond of deputy sheriffs of said Municipal Court shall be five thousand ($5,000.00) dollars; all such bonds to have as surety thereon a surety company doing business in this State and having an office and authorized to do business in Georgia, the premium of such bonds to be paid out of the county treasury of Richmond County, Georgia. Same, bonds, etc. Section 12. Be it further enacted by the authority aforesaid, that the clerk and deputy clerks of said Municipal Court shall have complete power and authority, coexistent and coordinate with the power of the judge of said court, under the provisions of this Act, to issue any and all warrants, civil or criminal, suits, and garnishments, writs of attachments, distress warrants, dispossessory

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warrants, warrants against intruders, warrants against tenants holding over, possessory warrants, bail trover, and summary processes and writs which are issueable as a matter of right, to accept and approve bonds, and to discharge any and all other functions, which under the laws of this State are performable by a justice of the peace. And all deputy clerks, if and when so appointed under the terms of this Act, shall exercise all the functions and be subject to all the responsibilities and requirements of the clerk of said court. Same, duties, etc. Section 13. Be it further enacted by the authority aforesaid, that said Municipal Court shall be a court of record, and shall have a seal, and the minutes, records, and other books and files, that are required by law that are to be kept by the Superior Court shall in the same manner, so far as the jurisdiction of said Municipal Court may render necessary, be kept in and for said Municipal Court; provided, that the clerk of said Municipal Court shall preserve in suitable files all original papers in each case, which shall not be removed from said clerk's office without the permission of the judge of said court, and proper receipt being given to said clerk or deputy clerk of said court. Court of record. Section 14. Be it further enacted by the authority aforesaid, that with the exception of the judges of Richmond Superior Court and the judge of the City Court of Richmond County, the said Municipal Court shall have jurisdiction to sit as a court of inquiry to examine into accusations against persons arrested on warrants for offenses committed within the limits of said County of Richmond. Jurisdiction. Section 15. Be it enacted by the authority aforesaid, that all warrants, summary processes, writs, processes, garnishments, attachments, and suits issuing out of said Municipal Court, in which the principal sum claimed to be due or the value of the property in dispute does not exceed thirty-five hundred ($3500.00) dollars, shall be returnable to said Municipal Court in the same manner

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and under the same rules as such writs are required to be returned to the Superior Courts or the justice courts of this State, as the case may be, save and except as provided by the terms of this Act. Same. Section 16. Be it further enacted by the authority aforesaid, that the general laws of this State in regard to commencement of actions in the Superior Courts, and defenses thereto, of whatever nature, the pleadings, the method of procedure and practice therein and in regard to the examination of the parties to suits or witnesses, by interrogatories or under subpoena, witnesses and their attendance, continuances, charge of the court, granting of new trials, and other matters of a judicial nature within the jurisdiction of said Municipal Court, shall be applicable to said Municipal Court, except as may be otherwise provided in this Act, provided, however, that all declarations in attachments in said court shall be filed before the call of the appearance docket at the term of said court to which such attachment is made returnable. Practice and procedure. Section 17. Be it further enacted by the authority aforesaid, that suits and garnishments in said Municipal Court shall in all respect be conformable to the mode of procedure in the Superior Courts, save as in this Act excepted; process to suit shall be annexed by the clerk of said court; bear teste in the name of the judge thereof, and be directed to and served by the sheriff of said court or his lawful deputies: All executions, warrants, writs and summary processes of any kind issuing from said Municipal Court shall be issued by the judge thereof; or in his name by the clerk or deputy clerks, and be directed to the sheriff and his lawful deputies of said Municipal Court and to all and singular the sheriffs and deputy sheriffs, and lawful constables of this State, and shall be executed by the sheriff or his deputies of said Municipal Court, or by any sheriff, deputy sheriff, or lawful constable or other peace officer, as now provided by law for such proceedings from the Superior Courts, or justice of the peace courts of this State. Same.

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Section 18. Be it further enacted by the authority aforesaid, (A) That the terms of said Municipal Court shall be held monthly, on the fourth Monday in each month; that suits, garnishments and attachments shall be filed in the clerk's office of said court at least fifteen days before the first day of the term to which they are returnable, and shall be served at least ten days before the first day of said term. The terms of said court shall end at twelve o'clock noon, on the fourth Monday in each month for the preceding term. The judge of said court shall call the appearance docket on the first day of each return term at twelve o'clock, Eastern Standard Time; and in all cases in which no answer has been filed before said docket is called by said judge, the judge on the call of the appearance docket shall mark the same In default, and no judgment shall be rendered in any such case until after the expiration of five days from the marking of said case in default. The right of opening such default shall be governed by the same rules of law now in force as to opening defaults in the Superior Courts of this State, whether judgment has been rendered in said case or not. Save and except that the defendant shall have the right to open such default as a matter of right upon the filing of his petition to open said default and payment of all accrued cost within the five day period aforestated. Terms, etc. Section 19. That in all cases in said court in which the principal sum claimed or the value of the property in controversy does not exceed Fifty ($50.00) Dollars, the rules of pleading as provided for in sections 15, 16 and 17 hereof shall not be required of parties prosecuting or defending any such action therein, and it shall not be necessary to paragraph either petition or answer; but no suit or proceeding, or answer thereto, shall be accepted or filed by the clerk of said court unless a substantial statement of the cause of action, or matters of defense, of whatsoever character, be first reduced to writing. No demurrer or special plea shall be required, but every defense in point of law or of fact may be taken advantage

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of in the answer; provided, that if the plaintiff shall verify his claim, or if a suit is brought on an unconditional contract in writing, the defendant shall be required to verify his answer. In the furtherance of justice the judge of said court shall permit any claim, suit, process, pleading, or record to be amended in form or in substance, or material supplemental matter to be set forth in an amended written pleading, and shall disregard any error or defect which does not affect the substantial rights of the parties; but no amendment presenting a new and distinct cause of action or new party or parties shall be allowed. Practice rules. Section 20. Be it further enacted by the authority aforesaid, that on the call of the appearance docket as hereinbefore provided, all cases may be assigned for trial by the judge of said court on a day within the term to which they are brought, unless continued for good cause shown, and in conformance with such rules and regulations of procedure now promulgated and of force, or which hereafter may be adopted in said court. If a case so placed on the trial calendar is not disposed of within ninety days from the first day of the term to which it is brought, it may be dismissed by the judge in the exercise of a sound discretion, without prejudice to a new one, and costs taxed against the delinquent party. Dismissals. Section 21. Be it further enacted by the authority aforesaid, that every case in said Municipal Court shall be tried by the judge thereof without a jury, unless a written demand for a trial by jury is filed in said court by the plaintiff, or his attorney, or by any other party seeking affirmative relief at the time such action or proceeding is instituted, or by the defendant, or his attorney on or before the day and time which he is required to appear in court in response to the proceedings against him. Upon the failure of a party to demand a trial by jury, he shall be held to have waived such right. Jury trials, etc. Section 22. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of said

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Municipal Court to prepare and file in his office from the list of the traverse jury of the Superior Court of Richmond County, as provided from time to time for such Superior Court, a list of the traverse jurors in said Municipal Court shall be drawn in the following manner; The clerk of said Municipal Court shall write upon separate tickets the names of such jurors, and shall number the same and place in a box prepared for that purpose. From it shall be drawn traverse jurors in the manner prescribed by law in the Superior Courts. All laws with reference to the drawing, selecting and summoning of traverse jurors in the Superior Court shall apply to said Municipal Court, under the limitation provided by the terms of this Act. Jurors. Section 23. Be it further enacted by the authority aforesaid, that all laws with reference to the qualification, relation, impaneling, challenging, and compensation of jurors, now or hereafter in force, applicable to the Superior Courts of Richmond County, Georgia, shall apply to and be observed in said Municipal Court except as where in conflict with the terms of this Act. Compensation of jurors. Section 24. Be it further enacted by the authority aforesaid, that all jury trials in said court shall be by a jury of six. From said panel of traverse jurors drawn and summoned in accordance with the provisions of the Act, the judge of said Municipal Court shall cause to be made up at least one panel of jurors containing twelve jurors, and as may other jurors as may be in his discretion necessary, and all cases and issues to be tried by jury at such term of said Municipal Court shall be tried by a jury stricken from a panel of jurors thus drawn, plaintiff and defendant each being entitled to three peremptory challenges. In the event that said jurors should be reduced below twelve for any cause, or when upon challenge or from any other cause there shall not be a sufficient number of persons in attendance to complete the panel of jurors, the judge shall draw the tales jurors from the jury box of the court, and order the sheriff to summon the jurors so drawn; and when the sheriff or his deputy shall be disqualified to summon talesmen, they may be summoned

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by the sheriff of Richmond County or his deputies, or such other person as the judge may appoint. Juries. Section 25. Be it further enacted by the authority aforesaid, that all sales of personal property levied upon in the County of Richmond, under process of Municipal Court, or any other process, summary processes, or any other execution, executed by said municipal court officers, shall take place at the courthouse door during the legal hours of sale, at public outcry, on the Monday next following ten days advertisement by notice posted before the courthouse door, describing the property to be sold, the place and hour of sale, the name and residence of the owner of the property, and the style of the case in which the execution issued. Such sales to be conducted by the sheriff of said court or his deputy; provided, that sales of perishable property and sales on the premises may be made as provided by law, and provided, further, that in all cases where real estate is levied upon under a process from said court, the subsequent proceedings shall conform to the laws governing the sale of real estate, save and except that all advertisement and sales of said real estate shall be conducted by the sheriff of said court, or his deputy. Sale of property levied upon. Section 26. Be it further enacted by the authority aforesaid, that the judge of the Municipal Court of the City of Augusta, shall have the same authority as the judge of the Superior Court to order a case reported, and he may direct the case reported when either party or counsel request it, or when in the discretion of the judge the ends of justice require that the case be reported. Whenever a case is reported in said court, either by agreement of parties or counsel, or by discretion of the court under the rule, the costs of such reporting shall be taxed equally against the parties to the case and shall be assessed as costs in the case under the same rules as prevail in the Superior Court, save that the charge for such reporting shall be 10 per hundred words for writing it out. If either party or his counsel object to the reporting of the case, the party so objecting shall not be charged

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with any expense of reporting the case unless the judge on preliminary investigation shall determine that the case is one that should be reported and shall direct it reported under the rule. Reporter. Section 27. Be it further enacted by the authority aforesaid, that: (A) In all cases in said court wherein the principal sum claimed or the value of property in controversy does not exceed fifty ($50.00) dollars, whether tried by jury or tried by the judge without a jury, the judgment of said court shall be conclusive, and no new trial shall be granted, provided, nevertheless, said case may be carried to the Superior Court by certiorari as provided by the general laws in reference to the writ of certiorari. Certiorari. (B) In all cases in said court tried by the judge thereof without a jury or tried by jury, in which the principal sum claimed or the value of the property in controversy exceeds fifty ($50.00) dollars, upon announcement of the judgment by the court, or upon rendition of the verdict by the jury, any party or his counsel may make a written motion for a new trial within thirty (30) days after judgment is entered in said case. Unless said motion for new trial is made as herein provided, the parties shall be held to have waived their right to move for a new trial, except upon the grounds on which extraordinary motions for new trial may be made. Said motion may be heard at such time not exceeding sixty (60) days after the making of said motion as the court in its discretion may set for a hearing; provided, nevertheless, that upon the disposition of a motion for new trial by said Municipal Court, any party, plaintiff or defendant or claimant therein, may certiorari said case to the Superior Court of Richmond County under the general law of the writ of certiorari. Provided, however, that in the event the case is tried before a jury, then in this event the right of certiorari will not lie and the appeal shall be to the Court of Appeals or Supreme Court pursuant to jurisdictional requirements. New trials, certiorari.

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(C) Be it further enacted by the authority aforesaid, and it is enacted by authority of the same, to-wit: From any final judgment of the said Municipal Court a writ of error shall lie to the Court of Appeals of Georgia, under the same rules that apply to writs of error from the Superior Courts of this State: Provided, nevertheless, all bills of exceptions shall be presented to the judge of said Municipal Court not later than thirty (30) days from the rendition of the final judgment therein, and served and filed within fifteen (15) days from the date of the certificate of said judge. Appeals. Section 28. Be it further enacted by the authority aforesaid, that all judgments obtained in said court shall be liens upon property belonging to the defendant or defendants, to the same extent and upon the same conditions as judgments of the Superior Courts of this State. Effect of judgments. Section 29. Be it further enacted by the authority aforesaid, that from and after the passage of this Act it shall be necessary for the plaintiff, before or at the time of instituting any civil proceeding in said court, to deposit with the clerk of the said court the sum of three ($3.00) dollars upon the costs that will accrue therein; Provided, nevertheless, if any plaintiff who may desire to institute any action in said court is unable from poverty to make the said costs deposit, he may make an affidavit to that effect and file the same with the proceeding sought to be sued out or instituted; whereupon it shall be the duty of the officers of said court to proceed with said matter as though said deposit had been paid. Provided, nevertheless, that the clerk of said court shall not be required to file any proceeding in which the plaintiff is a non-resident, and the amount involved, or the property in controversy, does not exceed one hundred ($100.00) dollars, until five ($5.00) dollars shall have been deposited with the clerk, or the amount involved, or the property in controversy, exceeds one hundred ($100.00) dollars, until ten ($10.00) dollars, shall have been deposited with the clerk, on account of costs. The court at any stage of such cause on motion of the clerk, shall require such additional

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deposit as the case may require. If the case be withdrawn or dismissed, or if, upon final judgment, the deposit exceeds the amount of the cost taxable by law, the clerk shall refund to the depositor the excess. Costs. Section 30. Be it further enacted by the authority aforesaid, that it shall be the duty of the judge of said court to see to it that the officers of his court are diligent in the collection of costs, and shall adopt such other measures and rules as will insure the payment of costs by the party or parties therefor. Same. Section 31. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that on and after the passage of this Act, no officer of any justice court whose district lies in whole or in part within the limits of the City of Augusta, Georgia, shall have authority to issue or serve any civil, quasi-criminal paper, process, or writ of any character, against any person, firm, or corporation residing within the corporate limits of the City of Augusta, Georgia, without regard to the location of the court from which said paper or process issued, nor shall any justice of the peace issue any criminal warrant for any misdemeanor or crime committed within the limits of the City of Augusta, Georgia. Justice courts. Section 32A. Be it further enacted by the authority aforesaid, that in the event any justice of the peace whose district adjoins the City of Augusta is disqualified from presiding in a particular case or refuses to serve in such case, or if such justice of the peace is sued and there is no other justice in his district who is qualified to act, said Municipal Court of Augusta shall have jurisdiction of such case concurrent with justice courts in other adjoining districts. Same. Section 32B. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the justice courts, whether presided over by justice of peace or notary public ex officio justice of peace, whose districts lie partly within and partly without the corporate limits of the City of Augusta, and who

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have heretofore exercised jurisdiction throughout the City of Augusta, as well as those justice courts whose district lies within the corporate limits of the City of Augusta, shall have no jurisdiction over any person, firm, or corporation residing in the City of Augusta, and none of said courts shall have any jurisdiction to try any civil or criminal cause therein pending against any resident of the City of Augusta, except in the case of joint liability or joint tort-feasors or actions, or in the case of principal and surety where one of the parties is a resident of the district wherein the proceeding is instituted. All of said justice courts shall be without jurisdiction to try any civil or criminal case pending therein from and after the passage of this Act, against any resident of the City of Augusta, except in the case of joint makers, joint tort feasors or principal and surety, and only then if such court has jurisdiction over one of the parties sued who is a non-resident of the City of Augusta. Same. Section 33. Be it further enacted by the authority aforesaid: (A) That all cases, civil or criminal, pending and undisposed of, from and after the passage of this Act, in justice courts lying wholly within the City of Augusta, Georgia, shall be and they are hereby transferred to said Municipal Court for trial and disposition therein. All final and other processes in the hands of officers of said justice courts shall be by them returned to said Municipal Court, and the judge and other officers of said Municipal Court shall have power and authority to issue and enforce in the name of said Municipal Court any and all processes in any case from said justice courts necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of said justice courts. All fi. fas, and final processes not satisfied in the hands of the officers of said justice courts, from and after the passage of the Act shall be levied by the officers of said Municipal Court. All records, books, and papers in cases disposed of and of file in said justice courts shall be filed and deposited with the clerk of said Municipal

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Court, and all property of parties to actions in said justice courts in the legal custody of the said court shall be delivered to the Sheriff of said Municipal Court. It is hereby made the duty of said justices of the peace and/or constables to which this Act is applicable to comply with the provisions of this section; and any justice of the peace and/or constable who shall fail to transmit such suits, papers and documents, or to return such final or other processes, or to deliver the books and records or property in the custody of the courts, within three days after written demand for such transmission or delivery has been made by the clerk of said Municipal Court or any party at interest, shall be held in contempt of said Municipal Court, and be punished as provided in cases of contempt in the Superior Courts of the State of Georgia. The officers of said justice courts in this section referred to shall be entitled to all uncollected costs which have accrued in the cases in their respective courts so transferred up to the passage of this Act, upon the collection of the same by the officers of said Municipal Court. Justice court cases transferred. (B) Be it further enacted by the authority aforesaid, that the provisions of preceding paragraph shall apply to the justices of the peace and justice courts whose districts are within and partly without the corporate limits of the City of Augusta, Georgia, in all cases, civil or criminal, jurisdiction of which will devolve upon said Municipal Court pending and undisposed of from and after the passage of this Act, and none other. Section 34. Be it further enacted by the authority aforesaid, that the Board of County Commissioners of Richmond County shall provide a suitable and convenient place for the holding of said Municipal Court of Augusta; and shall provide all necessary books, stationery, and filing cases for keeping the dockets, files and records of said court. Courtroom, books, etc. Section 35. Be it further enacted by the authority aforesaid, that a complete set of the published reports of the Supreme Court and the Court of Appeals of Georgia,

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and the Acts of the General Assembly of Georgia commencing with Acts of 1910 and the Code of 1933, shall be furnished by the State Librarian to the clerk of said court for the use of said court. Books. Section 36. The scale of costs to be collected by the officers of the Municipal Court, City of Augusta, shall be graduated and divided according to classifications, depending upon the amount involved in each case or the nature of the case as follows: (A) In all cases involving up to $100.00 principal under above method of computing not including interest, hire, and costs, the costs to be charged and collected by the officers of said court shall be as set out in the following schedule: Costs. (Cases not over $100.00) Each original summons $.75 Each copy of summons .75 Filing papers in any case .50 Seal .25 Affidavit and bond to obtain attachment and issuing and filing same 3.00 Entering judgment in each case .75 Trial of each case when same is litigated 1.25 Docketing each case .50 Each witness sworn .35 Issuing each execution .75 Making out interrogatories and certifying same 2.00 Making out recognizances and returning same to court 1.00 Each Subpoena for witness .25 Issuing each distress warrant and filing same 3.00 Each affidavit when a case is pending .75 Answering every writ of certiorari to Superior Court 4.00 Presiding at trial of forcible entry and detainer 3.00 Presiding at trial of right of way case 3.00 Issuing rule to establish lost papers 2.00 Trying the same 1.00 Presiding at trial of nuisance case 2.00 Witnessing any paper .75 Affidavit and bond to obtain garnishment and filing 2.25 Issuing summons of garnishment .75 Each additional copy of summons .75 Settling case before judgment .75 Claim affidavit and bond 1.00 Trying same 1.00 Certifying transcript 1.50 Issuing order to sell perishable property 1.50 Each Lien foreclosure and docketing same 2.75 Each order issued by the court 1.50 Each case tried by jury 1.00 Issuing commission to take interrogatories 4.00 Backing fieri facies .75 Rule nisi against officer 1.00 Trying the same .75 Judgment on the same .75 Each criminal warrant issued 2.00 Serving summons of attachment 1.00 Each return of officer 1.00 Serving each copy of summons 1.00 Summoning each witness .50 Attending court, for each judgment renderedSheriff's cost 1.00 Levying fieri facias 1.00 Settling fieri facias when property not sold 1.50 Returning nulla bona 1.00 Collecting executions issued by coroners 1.50 Collecting executions issued by tax collector 1.50 Keeping or Storage of any motor vehicle, not to exceed per day .50 Keeping each dog, per day .50 Keeping horse, mule, ox or ass, per day 1.00 Keeping each head of meat cattle, per day .50 Keeping each head of sheep, goats or hogs .50 Keeping or storage of household furniture or appliances, not to exceed per day 1.00 All sales made by sheriff, amount on sales commission 6 per cent Serving rule to establish lost paper 1.00 Every additional copy .75 Serving court order 1.00 Each additional copy .75 Following property out of county, going and returning per mile .10 Levying each distress warrant 2.00 Each advertisement 1.00 Taking bond in civil cases 1.00 Taking bond in criminal cases 2.00 Serving summons of garnishment 1.00 Each additional summons 1.00 For hauling or drayage or labor in handling of any property seized by virtue of process from court, not to exceed $1.00 per hour for use of any vehicle used in hauling or drayage. For towing or wrecker service for motor vehicle seized under legal process, not to exceed $1.00 per mile, minimum charge for any vehicle seized within corporate limits, City of Augusta, not to exceed 2.50 (B) In all cases in said court where the principal amount involved, not including interest, hire and costs, exceed $100.00, and in all cases where the value of the property involved exceeds $100.00 or where the cross-action or counter-claim of the defendant exclusive of interest, hire or costs exceeds $100.00, the costs to be charged and collected by the officers of said court shall be the same as the costs in the Superior Court, taxable for the clerk and the sheriff respectively. (C) The costs to be taxed in said court in possessory warrant cases, criminal warrants, peace warrants and search warrants shall be the same as those fixed by law. (D) In dispossessory warrant cases and proceedings to eject intruders, the costs shall be $2.50 for the clerk for issuing and $2.50 for the sheriff for serving the warrant, and other costs shall be the same as justice of the peace courts costs. Said $5.00 shall be deposited with the clerk at time of filing and issuing of said warrant.

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(E) In trover and bail-trover suits where the principal amount involved exclusive of interest, hire and costs, or the alleged value of the property, exclusive of hire and costs, does not exceed $100.00, the costs taxable by the clerk shall be the same as justice of the peace court costs. If the principal amount involved, exclusive of interest, hire, and costs or the alleged value of the property involved, exclusive of hire and costs, exceeds $100.00, Superior Court costs shall be taxed by the clerk against the party cast therein. (F) In all other cases not herein specifically provided for the costs to be taxed by the clerk shall be the same as justice of the peace court costs in all cases where the principal amount involved exclusive of interest, hire and costs does not exceed $100.00 and shall be the same as Superior Court costs where such principal so computed does exceed $100.00. In cases where such principal so computed does exceed $100.00, the sheriff's costs for advertising personal property shall be $2.00. (G) All costs collected in said court by the officers thereof shall be paid into the treasury of Richmond County monthly on the first, or within ten days thereof, of each month by the clerk to be applied to the expenses of operating said court. (H) Should the amount claimed by the plaintiff place the suit in one classification as to costs and the amount claimed by the defendant in his cross-action or counter-claim place the suit in another classification, the costs to be charged on the cross-action shall be determined by the judgment or verdict in the case. Section 37. In addition to the personnel which the judge may appoint as hereinbefore described, said judge shall have the power to appoint, and at pleasure to remove a secretary to serve the judge of said court. Such secretary shall take all stenographic notes, transcribe the same, required by the judge of said court, and do and perform such other duties as the judge of said courts may require at chambers, or in court. And said secretary, if

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and when so appointed under the terms of this Act, shall have the same powers and authority and exercise all the functions and be subject to all responsibilities and requirements of the clerk of said court. The salary of the secretary of said court shall be twenty-seven hundred ($2,700.00) dollars per annum; and shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the judge of said court by the officer or officers charged by law with paying out the money of county and charged as a part of the court expenses of the said court. Secretary. Section 38. Be it further enacted by the authority aforesaid that this Act shall be effective on the signature of the Governor. Effective date. Section 39. Be it further enacted by the authority aforesaid, that hereto attached is a copy of the advertisement of the intention to apply for this Act, that ran in the legal gazette for Richmond County, Georgia, in which the sheriff's advertisement ran, which is by reference incorporated herein and made a part of this Act. Section 40. Be it further enacted by the authority aforesaid, that if any section or provision of this Act shall be held unconstitutional, or invalid, by any court of competent jurisdiction, the corresponding original Acts hereby sought to be changed shall ipso facto and pro tanto stand re-enacted and restored, and it shall not affect the validity and constitutionality of the remainder of this Act. Severability. Section 41. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith, be, and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given to the public that the undersigned will introduce at the 1961 session of the General Assembly of Georgia a local Bill for Richmond County, which will amend an Act of the General Assembly of Georgia, Acts of 1957, pages 3057-3084, and the amendatory

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Acts thereof, which is an Act to create for the City of Augusta a Municipal Court. The local legislation which is to be introduced will be as follows: An Act entitled An Act to abolish justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, Georgia; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of the other officers thereof; to define their powers and dtuies, and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes; together with all the amendatory Acts thereof; to revise, consolidate and clarify all the laws establishing, concerning and relating to the Municipal Court, City of Augusta, in and for the County of Richmond; to provide for the election of judge thereof and the appointment of all other officers; to establish and revise the rules of procedure; to provide for trial by jury of six members; to repeal all conflicting and unnecessary laws; and for other purposes. This 21st day of January, 1961. /s/ J. B. Fuqua, Representative, Richmond County, Georgia. /s/ James M. Hull, Jr., Representative, Richmond County, Georgia. /s/ William M. Fleming, Jr., Representative, Richmond County, Georgia. /s/ Carl E. Sanders, Senator, 18th Senatorial District. Personally appeared before the undersigned, an officer duly authorized to administer oaths, came William M.

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Fleming, Jr., James M. Hull, Jr., J. B. Fuqua and Carl E. Sanders, who having been sworn, depose and say that they are the authors of the attached local legislation affecting Richmond County and that the notice attached hereto was published in the Augusta Chronicle, a newspaper of general circulation in Augusta, Richmond County, Georgia, and the legal gazette for sheriff's advertisements on /s/ J. B. Fuqua, Representative, Richmond County, Georgia. /s/ James M. Hull, Jr., Representative, Richmond County, Georgia. /s/ William M. Fleming, Jr., Representative, Richmond County, Georgia. /s/ Carl E. Sanders, Senator, 18th Senatorial District. Sworn to and subscribed before me, this the 16th day of February, 1961. /s/ Marian B. Shapiro, Notary Public, Richmond County, Georgia. (Seal). State of Georgia, Richmond County. Personally appeared, Marie LeRoy, who being duly sworn says that she is an officer of the Southeastern Newspapers, Inc., publishers of the Augusta Herald, a daily newspaper in Augusta, in said State and County, and that the foregoing advertisement notice of intention to introduce local legislation duly appeared in said newspaper on the following dates, to-wit: Jan. 27, 30, Feb. 6, 1961. /s/ Marie LeRoy, Secretary.

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Sworn to and subscribed before me, this 6th day of February, 1961. /s/ Marian B. Shapiro, Notary Public, Richmond County, Georgia. (Seal). Approved March 28, 1961. CITY OF CORDELEAUTHORITY TO CLOSE AND SELL ALLEY. No. 259 (House Bill No. 541). An Act to amend an Act creating and establishing a new charter for the City of Cordele, approved August 15, 1922 (Ga. L. 1922, p. 680), as amended, so as to authorize and permit the city commission of the City of Cordele to close, vacate and abandon as a public street or alley all of the alley in block number thirty-four (34), in the City of Cordele, and to sell and convey all the right, title and interest of the City of Cordele in and to said alley to Isadore R. Perlis, Lamar J. Perlis, Louis D. Perlis, and Marvin A. Perlis, doing business as I Perlis Sons, a partnership; to prescribe the terms and condition for such sale; 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. An Act creating and establishing a new charter for the City of Cordele, approved August 15, 1922 (Ga. L. 1922, p. 280), as amended is hereby amended by inserting following section 57 thereof a new section which shall be known as section 57A, which shall read as follows: Section 57A. Be it further enacted, that said commission of said city shall have the power and authority

Page 2758

to close, vacate and abandon forever as a public street or alley all of the alley in block number thirty-four (34), in the City of Cordele, according to the official plat of survey of said city, approved and adopted on December 26, 1956, said alley having become unsuitable and no longer useful to the public for the purpose to which the alley was dedicated and being a charge and burden on said city to maintain. Said commission is empowered to sell and convey all the right, title and interest of the City of Cordele in said alley to Isadore R. Perlis, Lamar J. Perlis, Louis D. Perlis and Marvin A. Perlis, doing business as I. Perlis Son, a partnership, at a sale price to be determined by the tax assessors of the City of Cordele, said sales price to be subject to the approval by said city commission, provided that I. Perlis Sons will pay all expenses of whatsoever kind and character in connection with the removal and relocation of all utilities from said alley, and that the City of Cordele will be held harmless and have no liability to any person or persons in connection with the removal and relocation of said utilities, that all of said utilities will be removed and relocated according to specifications and requirements of the City of Cordele, and that the City of Cordele will incur or pay no expense whatsoever in connection with the sale of said alley. 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 pursuant to a request by the City Commission of the City of Cordele, there will be introduced at the January, 1961 session of the General Assembly of Georgia a Bill to amend the charter of the City of Cordele, so as to authorize and permit the city commission of the City of Cordele to close, vacate and abandon as a public street or alley all of the alley in Block Number Thirty-four (34), in the City of Cordele, Crisp County, Georgia, and to sell, grant and convey all the right, title and interest of the City of Cordele in and

Page 2759

to said alley to Isadore A. Perlis, Lamar J. Perlis, Louis D. Perlis, and Marvin A. Perlis, doing business as I. Perlis and Sons, a partnership; to prescribe the terms and conditions for such sale; to repeal conflicting laws, and for other purposes. This 14th day of January, 1961. /s/ Marvin L. Summers, Representative Crisp County. /s/ E. W. Mathews, Senator 48th District. Jan. 16, 23, 30 Georgia, Crisp County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, Jack Mathews,, who, being put upon oath, certifies, deposes and swears that he is co-publisher of the Cordele Dispatch; that the Cordele Dispatch is the newspaper in which sheriff's advertisements are published in Crisp County, Georgia; and that the foregoing and attached Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch on January 16, January 23, and January 30, in the year 1961. /s/ Jack C. Mathews, Co-publisher of the Cordele Dispatch. Sworn to and subscribed before me, this 1st day of February, 1961. /s/ Robert D. Horne, Notary Public, Crisp County, Georgia. My Commission expires January 22, 1963. (Seal). Approved March 28, 1961.

Page 2760

CITY OF MANCHESTERCORPORATE LIMITS, REFERENDUM. No. 260 (House Bill No. 558). An Act to amend an Act approved August 16, 1909 (Ga. L. 1909, p. 1071), and all Acts amendatory thereof, which incorporated the City of Manchester; to annex certain territory to the corporate limits of said city; to delineate and define the corporate limits of the City of Manchester; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act approved August 16, 1909 (Ga. L. 1909, p. 1071), and all Acts amendatory thereof, which incorporated the City of Manchester; to annex certain territory to the corporate limits of said city; to delineate and define the corporate limits of the City of Manchester, is hereby amended by striking said section 3 in its entirety and substituting therefor a new section 3 to read as follows: Section 3. Be it further enacted, that the corporate limits of the City of Manchester, as amended, shall include the following territories, to-wit: all lots of land numbers two hundred eleven (211), two hundred twelve (212), two hundred thirty-seven (237), two hundred thirty-eight (238), two hundred forty-three (243), two hundred forty-four (244), two hundred sixty-nine (269), and two hundred seventy (270) in the Gill (originally second) District of Meriwether County, Georgia; all that part of lot of land number two hundred thirteen (213) in the Gill (formerly second) District of Meriwether County, Georgia, described as follows: beginning at the southwest corner of said lot of land number two hundred thirteen (213), thence running north along the west boundary line of said lot of land to the south side of the right-of-way of the Atlantic Coast Line Railroad, thence running southeasterly along the south side of the right-of-way of the Atlantic Coast Line Railroad to the

Page 2761

center of the run of Pigeon Creek; thence running easterly along the center of the run of Pigeon Creek to the east boundary line of said lot of land two hundred thirteen (213), thence running south along the east boundary line of said lot of land to the southeast corner of said lot of land number two hundred thirteen (213), thence running west along the south boundary line of said lot of land to point of beginning; all that part of lot of land number two hundred thirty-six (236) in the Gill (formerly second) District of Meriwether County, Georgia, which lies south of the center of the run of Pigeon Creek; all that part of lot of land number two hundred forty-five (245) in the Gill (formerly second) District of Meriwether County, Georgia, described as follows: beginning at the southwest corner of said lot of land number two hundred forty-five (245), thence running north along the west boundary line of said lot of land number two hundred forty-five (245) a distance of thirty-three and 15/100 (33.15) chains, thence running due east to the middle of the run of Pigeon Creek, thence running easterly along the middle of the run of Pigeon Creek to the east boundary line of said lot of land number two hundred forty-five (245), thence running south along the east boundary line of said lot of land number two hundred forty-five (245) to its southeast corner, thence running west to point of beginning; all that part of lot of land number two hundred sixty-seven (267) in the Gill (formerly second) District of Meriwether County, Georgia, which lies south of the center of the run of Pigeon Creek; all that part of lot of land number two hundred sixty-eight (268) in the Gill (formerly second) District of Meriwether County, Georgia, described as follows: beginning at the southwest corner of said lot of land number two hundred sixty-eight (268), thence running north along the west boundary line of said lot of land number two hundred sixty-eight (268) to the middle of the run of Pigeon Creek, thence running northeasterly along the middle of the run of Pigeon Creek to the north boundary line of said lot of land number two hundred sixty-eight (268), then running east along the north boundary line of said lot of

Page 2762

land number two hundred sixty-eight (268) to its northeast corner, thence running south along the east boundary line of said lot of land number two hundred sixty-eight (268) to the southeast corner of said lot of land number two hundred sixty-eight (268), thence running west to the point of beginning; Corporate limits. Also; all of lots of land numbers twelve (12), thirteen (13), fourteen (14), nineteen (19), twenty (20) and twenty-one (21) in the Chalybeate (formerly first) District of Meriwether County, Georgia; all that part of lot of land number eleven (11) in the Chalybeate (formerly first) District of Meriwether County, Georgia, which iles south of the center of the run of Pigeon Creek; all that part of lot of land number twenty-two (22) in the Chalybeate (formerly first) District of Meriwether County, Georgia, which lies south of the center of the run of Pigeon Creek; Also; the south one-fourth of lot of land number two hundred six (206) in the Gill (formerly second) District of Meriwether County, Georgia; Also; the south one-fourth of lot of land number one hundred seventy-nine (179) in the second land district of Meriwether County, Georgia. Also; the north half of lot of land number one hundred seventy-eight (178) in the second land district of Talbot County, Georgia; the north half of lot of land number two hundred seven (207) in the second land district of Talbot County, Georgia; the north half of lot of land number two hundred ten (210) in the second land district of Talbot County, Georgia; the north half of lot of land number two hundred thirty-nine (239) in the second land district of Talbot County, Georgia; the north half of the west half of lot of land number two hundred forty-two (242) in the second land district of Talbot County, Georgia. Section 2. Be it further enacted by the authority aforesaid that the territory described in section 1 hereof

Page 2763

shall not be annexed to the said City of Manchester until a referendum is called by the Board of Commissioners for the City of Manchester to be held not less than thirty (30) days nor more than sixty (60) days after the passage and approval of this Act; the said referendum to be held at the community building located at the corner of Second Street and Second Avenue in the said City of Manchester, and all persons qualified to vote for members of the General Assembly of Meriwether County and of Talbot County as of January 1, 1961 and residing in the City of Manchester and in the areas to be annexed shall be eligible to vote in the said referendum election. The board of commissioners for the City of Manchester shall name at least three citizens residing in the City of Manchester or in the areas to be annexed as managers of said election. The said commissioners of the City of Manchester shall cause to be printed on the ballots to be cast in said election the following: For extending the limits of City of Manchester. Referendum. Against extending the limits of City of Manchester. Electors desiring to vote in favor of the annexation of the territory provided in this Act shall so indicate by marking through or erasing Against extending the limits of City of Manchester and likewise those electors desiring to vote against the annexation of the said territory shall so indicate by marking through or erasing For extending the limits of City of Manchester. If a majority of those voting in the said referendum election shall vote favorable to the annexation of the said areas, then the said territory provided for in section 1 shall become a part of the City of Manchester. If the referendum herein provided for shall result in the annexation of the areas referred to in section 1 hereof, the board of commissioners for the City of Manchester shall transmit the result of the said election to the Secretary of State of the State of Georgia, and the certificate of the said board of commissioners for the City of Manchester to the Secretary of State for the State of Georgia shall be conclusive as to the results of the said referendum election.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. Notices of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, and there is hereto attached and made a part of this Act copies of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Meriwether County, Georgia, and Talbot County, Georgia, are published to the effect that said notices have been published as required by law. State of Georgia, County of Meriwether. Personally appeared before me the undersigned attesting officer, Mrs. R. K. Stovall, who on oath says she is editor and publisher of the Meriwether Vindicator, the official organ of Meriwether County, Georgia, in which the sheriff's advertisements are published, and that the notice of local legislation as follows: Notice of Intention to Apply for Legislation. Notice is hereby given that application will be made to the 1961 session of the General Assembly of Georgia for the passage of a Bill amending the charter of the City of Manchester, to extend, relocate and redefine the corporate limits of said city, to annex certain territories in Meriwether and Talbot counties to the corporate limits of said city, and for other purposes. Board of Commissioners for the City of Manchester, /s/ G. C. Thompson, City Atty. (Dec. 22, 29, Jan. 5, 1961) was published in the Meriwether Vindicator on December 22nd and 29, 1960, and January 5th, 1961, and the foregoing clipping is a true and correct copy of the said

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notice as it appeared in said newspaper on the dates above set forth. /s/ Mrs. R. K. Stovall. Sworn to and subscribed before me, this the 9th day of January, 1961. /s/ G. T. Thompson, Notary Public, Meriwether County, Georgia. (My commission expires October 12, 1963). State of Georgia, County of Meriwether. Personally appeared before me the undersigned attesting officer, Albert McCarter who on oath says that he is editor and publisher of the Talbotton New Era, the official organ of Talbot County, Georgia, in which the sheriff's advertisements are published, that the notice of local legislation as follows: Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the 1961 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Manchester, to extend, relocate and redefine the corporate limits of said city, to annex certain territories in Meriwether and Talbot counties to the corporate limits of said city, and for other purposes. Board of Commissioners for the City of Manchester. 12-22, 29 1-5 3t was published in the Talbotton New Era on December 22nd and 29th, 1960, and January 5th, 1961, and the foregoing clipping is a true and correct copy of the said notice as it appeared in said newspaper on the dates above written. /s/ Albert McCarter.

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Sworn to and subscribed before me, this the 27th day of January, 1961. /s/ Robert H. Jordan, Notary Public. (Seal). Approved March 28, 1961. CITY COURT OF CHATTOOGA COUNTYSOLICITOR, JUDGE'S SALARY, PRACTICE AND PROCEDURE. No. 261 (House Bill No. 562). An Act to amend an Act approved March 10, 1941 (Ga. L. 1941, p. 621-634), as amended by Acts of 1943 (Ga. L. 1943, p. 728-731); as amended by Acts of 1947 (Ga. L. 1947, p. 831-832), as amended by Acts of 1950 (Ga. L. 1950, p. 2639-2642), as amended by Acts of 1956 (Ga. L. 1956, p. 2396-2398) entitled An Act to establish the City Court of Chattooga County, in and for the County of Chattooga, to define its jurisdiction and powers, to provide for the selection of the judge, solicitor and other officers, and to define their powers and duties, to fix the term of such officers and to provide for the election of a judge and solicitor and other officers thereof; to fix the compensation of the judge and the solicitor of said city court, to provide for pleading and practice and new trials therein and writs of error therefrom; to fix the terms thereof; to provide for jurors therefor; to regulate the cost in certain cases; to provide for judgments at the appearance term; to abolish the present grand jury City Court of Chattooga County; and for other purposes, and as amended by an Act approved February 17, 1950 (Ga. L. 1950, p. 2639-2642); so as to strike section 4 thereof, relating to the solicitor of said court; so as to provide for other methods of his election and compensation; to repeal conflicting laws; and for other purposes.

Page 2767

Be it enacted by the General Assembly of Georgia: Section 1. That section 4 of the above recited Act, with all amendments thereto, be and the same is hereby amended by striking section 4 in its entirety and enacting in lieu thereof a new section 4, to be designated as section 4A, 4B, 4C, 4D, and 4E; to read as follows: Section 4A. 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 there shall be a solicitor of the City Court of Chattooga County, whose duty it shall be to prosecute all criminal cases cognizable in said court, to attend each session of said city court, regular or adjourned, unless excused by the judge thereof, and remain until the business of the State is disposed of; to administer the oaths the laws require, to the petit jurors, to the bailiff or other officers of the court, and otherwise to aid the presiding judge in organizing the court as he may require; to draw up all accusations and prosecute all violations of the penal laws cognizable in said court; to prosecute or defend any civil action in the prosecution or defense of which the State is interested, unless otherwise specially provided for; to attend before the appellate court when any criminal case is tried emanating from the said city court, argue the same, and perform any other duty therein which the interest of the State may require; to cause to be collected all monies arising from fines and forfeited recognizances, all costs in criminal cases when paid into court before judgment, and not otherwise; to perform such other duties as are or may be required by law, or which necessarily appertain to said office. Solicitor. Section 4B. No person shall be eligible to hold the said office of solicitor of said court unless he shall be at least twenty-four years of age, shall have been engaged in the practice of law for at least three years, shall be a person of good moral character, and shall have been a resident of Chattooga County for a period of three years immediately prior to said election. Qualifications.

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Section 4C. Be it further enacted for the authority aforesaid that the first election under this Act for the office of solicitor of said court shall be held on May 6, 1961, at which election a solicitor of said city court shall be elected and shall hold office beginning immediately after said election which term of office shall expire on December 31, 1964. The deadline for which a candidate may qualify for the first election shall be 12:00 noon on the 15th day of April, 1961, and said qualification shall be with the Ordinary of Chattooga County, Georgia. The Ordinary of Chattooga County, Georgia, shall hold such election in accordance with the rules and regulations as apply to general elections held under the direction of said Ordinary. The second election under this Act for the office of solicitor of said court shall be held at the general election of 1964, at which members of the Legislature will be elected, at which election a solicitor of the said city court shall be elected for a term of four (4) years beginning January 1, 1965. Election for said office shall be held quadrennially, and the term of said office shall be for four years, provided that any solicitor of the said city court shall hold office until his successor is duly elected and qualified. If, for any reason, a vacancy should occur in the office of solicitor of said court, the Governor shall appoint a person otherwise qualified under this Act to fill the unexpired term. Terms, etc. Section 4D. When the solicitor of said court is absent or indisposed, or disqualified from interests or relationship to engage in a prosecution, the presiding judge shall appoint a competent attorney of the county to act in his place. An attorney acting as such solicitor is subject to all the laws governing the solicitor of said court; he is entitled to the same compensation for what he does and incurs the same penalties in the discharge of his duties. Any solicitor pro tem. shall receive reasonable compensation for his duties, and the judge of said court shall determine the amount of such compensation to be paid to said solicitor pro tem., which compensation shall be paid out of the treasury of Chattooga County, Georgia. Solicitor pro-tem. Section 4E. The solicitor of said city court shall receive

Page 2769

a salary of four thousand two hundred dollars ($4,200.00) per annum, which shall not be diminished during his term in office, and it shall be paid monthly by the treasurer of Chattooga County, and it shall be the duty of the Commissioner or Commissioners of Roads and Revenues of said County, or other proper officers to make provisions annually for this purpose. The solicitor shall receive no other compensation, but may practice law in any court except criminal court of Chattooga County City Court. Salary. Section 2. Be it further enacted that section 37 of the above recited Act, with all amendments thereto, be and the same is hereby amended by striking the entire section 37, and inserting in lieu thereof a new section to be entitled section 37 and shall read as follows: Section 37. That the Judge of said City Court of Chattooga County shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions and under the same laws and regulations 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 all other proceedings in the Superior Courts and all future amendments thereto shall apply and govern the same in the City Court of Chattooga County. Practice and procedure. Section 3. Be it further enacted that the Acts of 1950 (Ga. L. 1950, p. 2639-2642) section 2 thereof be and the same is hereby amended by striking in lines 11 and 12 thereof the words three thousand dollars ($3,000.00) per annum, and inserting in lieu thereof the words four thousand eight hundred dollars ($4,800.00) per annum; section 2 of said Act is further amended by striking in line 20 thereof the figure $250.00, and inserting in lieu thereof the figure $400.00, so that when amended said section of said Act shall read as follows: Section 2. That there shall be a judge of said city court, who shall be elected by the qualified voters of said County of Chattooga, who shall hold his office for a term

Page 2770

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 four thousand eight hundred dollars ($4,000.00) per annum, and which shall be paid monthly by the Treasurer of the County of Chattooga or other officer having charge of county funds, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge may practice law in any court except his own. Said annual salary of the Judge of the City Court of Chattooga County shall be paid in monthly installments of $400.00 each from and after the effective date of this Act. The date on which the judge's salary shall be $4,800.00 per annum shall be the date on which this Act is approved by the Governor. Judge's salary. Section 4. Be it further enacted that should any clause, portion, or section of this amendatory Act be declared unconstitutional or invalid by any court of the State for any reason, it shall not invalidate any other portion thereof, but shall affect only that part so declared to be unconstitutional or invalid. Section 5. That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Affidavit. Georgia, Chattooga County. Before me the undersigned officer authorized to administer oaths personally appeared D. T. Espy, who on oath says that he is editor and publisher of the Summerville News, being of general circulation and being the newspaper in which the sheriff's advertisements of Chattooga

Page 2771

County, Georgia, are published, and that legal notice, a true copy of which is hereby attached, being a notice of intention to apply for local legislation, was duly published in The Summerville News once a week for three weeks as required by law; Said dates of publication being January 19, 1961, January 26, 1961 and February 2, 1961. /s/ D. T. Espy, Editor and Publisher, The Summerville News. Sworn to and subscribed before me this 18th day of February, 1961. /s/ Joseph E. Loggins, Notary Public, Chattooga County, Georgia. My commission expires Aug. 4, 1961. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned intends to apply to the General Assembly of Georgia at the 1961 session thereof for the passage of a bill to amend the City Court of Chattooga County as enacted by the Georgia Laws of 1941, pp. 621-634 as amended and to create the office of City Court Solicitor for Chattooga County. This 16th day of January, 1961. /s/ Joseph E. Loggins, Representative from Chattooga County in the General Assembly of Georgia. /s/ James H. Floyd, Representative from Chattooga County in the General Assembly of Georgia. Approved March 28, 1961.

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CITY OF BREMENCHARTER AMENDED. No. 262 (House Bill No. 256). An Act to amend an Act approved December 30, 1898 (Ga. L. 1898, pp. 136-144), entitled An Act to repeal an Act entitled an Act to incorporate the Town of Bremen, adopted September 5th, 1883, and to repeal all acts amendatory of said Act, so as to repeal the charter of the Town of Bremen, and to enact in lieu thereof a new charter for said town, etc., and the several Acts amendatory thereof, so as to empower the City of Bremen, through its governing body to grant franchises, licenses, easements and rights of way in the public streets, alleys and other public places in said city to utility corporations for the purpose of providing the inhabitants of said city with utility services; to ratify, confirm and approve a certain ordinance passed and approved by the mayor and council of the City of Bremen on the 28th day of March, 1946, granting the right and franchise to Atlanta Gas Light Company to construct and operate a gas distribution system in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: and it is hereby enacted by authority of the same, that the Act approved December 30th, 1898 (Ga. L. 1898, pp. 136-144), entitled An Act to repeal an Act entitled an Act to incorporate the Town of Bremen, adopted September 5th, 1883 and to repeal all Acts amendatory of said Act, so as to repeal the charter of the Town of Bremen, and to enact in lieu thereof a new charter for said town, etc., and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. The City of Bremen through its mayor and council, shall have the power and authority to grant franchises, licenses, easements and rights of way over, in, under and on the public streets, avenues, roads, highways, alleys, lanes, ways, parks, sidewalks and other public places within the corporate limits of said city to public

Page 2773

utility corporations, whether publicly or privately owned, for the purpose of providing the said city and its inhabitants with gas, electricity, water, sewerage, heat, power, light and other utility services. Franchises. Section 2. The ordinance entitled An Ordinance, granting to Atlanta Gas Light Company, a Georgia corporation, hereinafter designated as Grantee, its successors and assigns, the right and franchise to use and occupy the streets, avenues, roads, alleys, lanes, parks and other public places and ways of the City of Bremen, Georgia, for constructing, maintaining, renewing, repairing and/or operating a gas works and/or distribution system, and other necessary means for manufacturing, transmitting, distributing and/or selling of manufactured, natural or comingled gas within and/or through the City of Bremen, Georgia, passed and approved by the mayor and council of the City of Bremen on March 28, 1946, be and same is hereby validated, ratified, confirmed, approved and declared legal and binding in all respects, notwithstanding any defect or irregularity therein or any want to statutory authority. Ordinance ratified. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that the undersigned intends to apply to the General Assembly of Georgia at the 1961 session thereof for the passage of a local bill to amend the charter of the City of Bremen, approved December 30, 1898 (Ga. L. 1898, pp. 136-144) as amended, so as to empower the City of Bremen, through its governing body, to grant franchises, licenses, easements and rights of way in the public streets, alleys and other public places in said city to utility corporations for the purpose of providing the inhabitants of said city with utility services; to ratify, confirm and approve a certain ordinance passed and approved by the mayor and council of the City of Bremen on March 28, 1946, granting the right and franchise to Atlanta Gas Light Company to construct and operate a

Page 2774

gas distribution system in said city; to repeal conflicting laws; and for other purposes. Affidavit of Author. Georgia, Fulton County. I, Thomas B. Murphy, being first duly sworn on oath by the undersigned notary public, do depose and say that I am the author of the local bill attached to this affidavit and that the above and foregoing Notice of Intention to Apply for Passage of Local Bill was published in the Haralson County Tribune, which is an official organ of Haralson County, Georgia, and is 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 and specifically on the following dates: December 22, 1960, December 29, 1960, and January 5, 1961. /s/ Thomas B. Murphy. Sworn to and subscribed before me, this 23rd day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved March 28, 1961. CLAYTON COUNTYSALARY OF ORDINARY. No. 263 (House Bill No. 477). 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, particularly by an Act approved February 8, 1951 (Ga.

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L. 1951, p. 2319), an Act approved February 26, 1957 (Ga. L. 1957, p. 2228), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2197), so as to provide for a change in the compensation of the Ordinary of Clayton County; 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, particularly by an Act approved February 8, 1951 (Ga. L. 1951, p. 2319), an Act approved February 26, 1957 (Ga. L. 1957, p. 2228), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2197), is hereby amended by striking from section 1 the figure $6,250.00 and substituting in lieu thereof the figure $8,000.00 so that when so amended section 1 shall 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 $8,000.00 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. 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, 1961, session of the General Assembly of Georgia a bill to change the compensation, allowance and

Page 2776

salary of the Ordinary of Clayton County and for other purposes. This 21st day of December, 1960. /s/ Edgar Blalock, /s/ Wm. J. Lee, Representatives, Clayton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edgar Blalock and Wm. J. Lee, who on oath, depose and say that they are representatives 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 and Farmer, which is the official organ of said County, on the following dates: December 28, 1960, January 4, 1961, and January 11, 1961. /s/ Wm. J. Lee, /s/ Edgar Blalock, Representatives, Clayton County. Sworn to and subscribed before me this 20th day of February, 1961. /s/ Frances Y. Read, Notary Public, Fulton County. (Seal). Approved March 28, 1961.

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ACT PROVIDING FOR PENSIONS FOR EMPLOYEES OF FIRE DEPARTMENTS OF CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONSAMENDED. No. 264 (House Bill No. 518). An Act to amend the Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173) and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the United States census of 1920, and any subsequent census, by providing that any officer or employee of the fire departments of such cities who has applied for and been granted a service pension shall be eligible for re-employment or re-appointment to any position in the government of such cities, under certain conditions provided by this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended by adding thereto the following: Section 1. Any officer or employee of the fire departments of such cities who has applied for and been granted a service pension shall be eligible for re-employment or re-appointment to any position in the government of such cities, provided such person has not reached the age of 70 years, such re-employment in any position to terminate at the end of the year in which such person reaches age 70. Such re-employment shall be made under the provisions relating to re-employment of former employees as now provided by law or ordinance, except that such re-employed person shall not acquire any civil service rights or any further pension rights during such period of re-employment, shall not be paid a pension during such period, and shall not be required to make any contribution

Page 2778

to the pension fund during such period of re-employment. The payment of his pension shall be resumed as of the date of termination of such period of re-employment. No such re-employment shall be effective until the person to be re-employed under the provisions of this section shall execute and deliver to the comptroller of any such cities a contract agreeing to the conditions hereof. Employment after retirement. Section 2. Nothing herein contained shall prevent any retired officer or employee of the fire departments of such cities from holding any position which is filled by an election by the people. No such retired person, however, who shall be elected by the people to any such office shall receive a pension during the time that he holds such elective office, and no additional pension or civil service rights or privileges shall accrue to such officer or employee during such period. Section 3. The provisions of this Act as amended shall not in any way affect or restrict the rights, powers and privileges of an emeritus officer of such cities who now or shall hereafter hold an emeritus office pursuant to the provisions of any law or ordinance establishing same. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1961. ELBERT COUNTYSHERIFF PLACED ON SALARY BASIS. No. 266 (House Bill No. 253). An Act to change the compensation of the sheriff of Elbert County from the fee system to the salary system; to provide the salary for said sheriff; to provide that the payment of salaries to deputies and the payment of expenses of the sheriff be approved by the board of

Page 2779

commissioners; to provide for the disposition of fees and costs; to provide for the furnishing of a vehicle or vehicles; to provide for the furnishing of certain supplies and the payment of the same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present method of compensation for the sheriff of Elbert County, Georgia is hereby changed from the fee system to the salary system and the sheriff of Elbert County shall hereafter be paid on a salary basis. The sheriff shall be compensated in the amount of $8,500.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Elbert County. Such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed the sheriff of Elbert County after the effective date of this Act and said salary shall also include all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments or perquisites of whatever kind which shall be allowed said sheriff in his official capacity or as an official or agent for any court, department or official of Elbert County or for any department or official of the State of Georgia. Placed on salary. Section 2. The sheriff shall diligently and faithfully undertake to collect all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, taxes, monies or all other emoluments and perquisites accruing to his office in his official capacity as sheriff and as an official or agent for any court, department or official of Elbert County or for any department or official of the State of Georgia and shall receive and hold the same in trust for said county as public monies and county funds. On or before the tenth day of each month the sheriff shall prepare in duplicate a detailed, itemized statement showing the amounts, dates and sources of funds collected by him during the previous calendar

Page 2780

month. One copy of this statement shall be furnished to the board of commissioners of roads and revenues for Elbert County, Georgia together with the full payment of the amounts shown thereon; the other copy shall be retained on file as part of the records of said sheriff. Said sheriff shall be diligent in making the monthly accounting herein provided for. The board of commissioners of roads and revenues for Elbert County, Georgia are hereby empowered and directed and authorized to withhold the compensation provided for herein while said sheriff is delinquent in the making of any monthly accounting as provided for in this Act. Fees. Section 3. The procedure now in force as to collection and distribution of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, taxes, monies or all other emoluments and perquisites shall remain in force, but as herein provided all such sums to which the sheriff would, but for this Act, be entitled to, shall be collected for the use of the county, and Elbert County shall be subrogated to the rights and claims of such sheriff in and to the same. Same. Section 4. The board of commissioners of Elbert County shall determine the amount and pay the salaries of any deputies appointed by the sheriff. Deputies. Section 5. The board of commissioners of Elbert County, in their discretion, are further authorized to purchase an automobile or automobiles equipped with the necessary connection devices and other special equipment commonly used on or in automobiles which are customarily used by law enforcement officers, said automobile to be used by the sheriff and his deputy or deputies, if any should be appointed. Said automobile shall only be used by the sheriff and his deputy or deputies when attending to their official duties and the board of commissioners shall be authorized to promulgate such rules and regulations as they may deem necessary governing the use of said automobile or automobiles. Automobile, etc. Section 6. The board of commissioners of Elbert County

Page 2781

shall determine and pay whatever expenses, in their discretion, are necessarily incurred by the sheriff of Elbert County including, but not limited to, books, records, stationery, postage and other office supplies and equipment, and said board of commissioners shall also determine and pay whatever expenses, in their discretion, are necessarily incurred by the Sheriff of Elbert County for the costs of all repairs, tires, gasoline, oil, grease, antifreeze and other maintenance and supplies necessary for the operation of automobile or automobiles authorized to be purchased by section 4 of this Act and said expenses shall be paid out of county funds. Expenses. Section 7. An Act entitled An Act to authorize the county commissioner of Elbert County to pay, in his discretion, a sum not to exceed $100.00 per month to the sheriff of said county for contingent expenses; to repeal conflicting laws; and for other purposes., approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2252), is hereby repealed in its entirety. Prior Act repealed. Section 8. This Act shall become effective on the first of the month following its approval by the governor or its otherwise becoming law. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Effective date. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to change the compensation of the Sheriff of Elbert County from the fee system to the salary system; to provide the salary for said sheriff; to provide that the payment of salaries to deputies and the payment of expenses of the sheriff be approved by the board of commissioners; to provide for the disposition of fees and costs; to repeal conflicting laws; and for other purposes.

Page 2782

This 6 day of January, 1961. /s/ J. H. Miller, Representative, Elbert County. Elberton, Georgia. January 21, 1961. Georgia, Elbert County. Personally appeared before me, an officer authorized to administer oaths, G. T. Christian, who on oath states and deposes that he is publisher of The Elberton Star which is the official organ of Elbert County and the City of Elberton, and that the affixed notice of intention to apply for local legislation was published in said organ on January 6, 1961, January 13, 1961, and January 20, 1961. /s/ G. R. Christian, Publisher, Elberton Star. /s/ Otto Jones, Notary Public, Elbert County, Ga. Approved March 28, 1961. CITY OF CARTERSVILLECORPORATE LIMITS, REFERENDUM. No. 267 (House Bill No. 609). 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), an Act approved March 17, 1958 (Ga. L. 1958, p. 2283), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2790), so as to change the corporate limits of said city; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2783

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), an Act approved March 17, 1958 (Ga. L. 1958, p. 2283), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2790), is hereby amended by adding to the end of section 2A 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: All 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 part of land lots 235, 236, 237, 238, 267, 268, 269, 270, 307, 308, 309, 310, 339, 340 and 341; commencing at a point on the present city limits of the City of Cartersville as presently established by Georgia Laws of 1937, page 1532 et seq.; which point is situated at the intersection of the western boundary of the Louisville and Nashville Railroad and the aforesaid present City Limits, being in land lot number 339, running northerly along the western boundary of the Louisville and Nashville Railroad a distance of approximately 3708[UNK] to its intersection with the northern boundary of land lot number 238; thence running S 89 degrees 56[UNK] W along the northern boundaries of a portion of land lot 238, all of 237, all of 236, and a portion of 235, a distance of approximately 2917.78[UNK], to the intersection of the center of Pettit's Creek; thence running in a southerly direction following the center of Pettit's Creek 3900' more or less to a point formed by the intersection of the center of Pettit's Creek 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

Page 2784

of 2559.4[UNK] more or less, to the city limits as established by Georgia Laws 1937, page 1532, et seq.; thence running in a northeasterly direction for a distance of approximately 1345' more or less along the city limits established by Georgia Laws of 1937, page 1532, et seq., to its intersection with the west right of way of the Louisville and Nashville Railroad, the same being the point of beginning. Corporate limits. 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 and all property owners of the within proposed territory to be annexed, for their approval or rejection. The mayor and aldermen shall for a period of thirty (30) days after the date of the call maintain at city hall or such other appropriate place, a book of registration, in which all voters or property owners within the proposed territory to be annexed must register in order to vote upon the question. The mayor and aldermen shall then set the date for such election for a day certain within a period of ten (10) to twenty (20) days after the final date of registration. The ballot shall have written or printed thereon the words: For approval of the Act to extend the limits of the City of Cartersville. Referendum. 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

Page 2785

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, 1961, 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 16th day of January, 1961. /s/ James H. Barton /s/ Roy M. Jordan /s/ H. A. Parker /s/ Wayne P. Turner /s/ Edward J. Shabel Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wm. B. Greene, who, on oath, deposes and says that he is Representative from Bartow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bartow Herald, which is the official organ of said county, on the following dates:

Page 2786

Jan. 19, 1961; Jan. 26, 1961; Feb. 2, 1961; and Feb. 9, 1961. /s/ Wm. B. Greene, Representative, Bartow County. Sworn to and subscribed before me, this 22nd day of Feb., 1961. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 28, 1961. CITY OF BREMENCHARTER AMENDED. No. 269 (House Bill No. 592). An Act to amend an Act approved December 30, 1898, (Ga. L. 1898, pp. 136-144), entitled An Act to repeal an Act entitled an Act to incorporate the Town of Bremen, adopted Sept. 5, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the charter of the Town of Bremen, and to enact in lieu thereof a new charter for said town, etc., and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act approved December 30, 1898, (Ga. L. 1898, pp. 136-144), entitled An Act to repeal an Act entitled an Act to incorporate the Town of Bremen, adopted Sept. 5, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the charter of the Town of Bremen, and to enact in lieu thereof a new charter for said town, etc., is hereby amended as follows:

Page 2787

Section 2. By striking from said charter, wherever the same might appear, any reference to the manner and method of electing the mayor and council of said city, and substituting in lieu thereof the following: The governing authority of the City of Bremen shall consist of a mayor and four councilmen. The councilmen shall be designated as post #1, post #2, post #3 and post #4. Anyone seeking election to the council shall designate the particular post he seeks and the person receiving a plurality of the votes cast for such post shall be elected as councilman for such post. From and after the next city election which is to be held in said city in 1961, the mayor so elected shall serve, beginning on January 1, 1962, a two year term and thereafter his successor in office shall be elected for a two year term. At the election for councilmen in 1961, those persons elected to council post #1 and post #2 shall serve a term of two years beginning January 1, 1962. At the election for councilmen in 1961 those persons elected to council post #3 and post #4 shall serve beginning on January 1, 1962, a four year term. Thereafter and upon expiration of each of the four councilmen's terms, all council posts shall have a four year term. It is the intent of the foregoing provisions to provide for a staggered term for the councilmen of said city. Mayor and Council. Section 3. By striking from said charter, wherever the same might appear, any reference to the manner of electing the members of the board of education of said city and substituting in lieu thereof the following language: The board of education of the City of Bremen shall consist of five members which shall be designated as post #1, post #2, post #3, post #4 and post #5 of the board of education of the City of Bremen. Anyone seeking election to the board of education of said city shall designate the particular post for which he seeks to be elected and the person receiving a plurality of the votes cast for such post shall be elected. At the election in 1961 for the members of the board of education, those persons elected to post #1 and post #2 shall, beginning on January 1, 1962, serve a term of two years. At the

Page 2788

election in 1961 for the members of the board of education those persons elected to post #3, post #4 and post #5, shall, beginning January 1, 1962, serve a term of four years. Thereafter and upon the expiration of the terms above provided, each post member shall be elected for a term of four years. It is the intent of the foregoing to provide for staggered terms for the members of the board of education of the City of Bremen. Board of Education. Section 4. By providing that an election shall be held in and for the City of Bremen on the first Saturday in December, 1961, and every two years thereafter on the first Saturday in December, for the election of a mayor and such members of the city council and board of education as may be required for terms of office beginning the following year, said members of the city council and board of education so elected shall assume office on the first day of January of the following year. Elections. Section 5. By granting to the City of Bremen the authority to close that certain street known as Hudson Street; as shown on map of R. L. Hudson subdivision, dated May 2, 1940, the title to said street being held by said city under warranty deed from R. L. Hudson, dated the 19th day of July, 1941, and recorded in deed book 65, page 41, in the clerk's office of Haralson County, Georgia, which deed describes said street as follows, to-wit: All that tract or parcel of land lying and being in the 7th district and 5th section, Haralson County, Georgia, and being in land lot number 228 and being a strip of land thirty (30) feet wide, fronting on south side of Edwards Street and running back of uniform width two hundred (200) feet or more, said strip of ground being and is to be used only as street purposes and for no other purposes whatsoever, and known in the R. L. Hudson subdivision map made May 2, 1940, as Hudson Street. The closing of said street must be authorized by resolution of the mayor and council of said city, and, upon the adoption of such resolution, said street shall thereby cease to be a public street and the title to the land embraced therein shall by operation of law, vest in

Page 2789

absolute title, in the abutting property owners to the center of said street. Authority to close street. Section 6. The provisions of this Act shall become effective immediately upon the approval of the Governor or at such other time as it might become law excepting the provisions relating to the date of election and terms of office, as otherwise provided for herein. Section 7. 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, Thomas B. Murphy, who, on oath, deposes and says that he is representative from Haralson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune, which is the official organ of said county, on the following dates: Jan. 12, 1961, Feb. 9, 1961, Feb. 16, 1961. /s/ Thomas B. Murphy, Representative, Haralson County. Sworn to and subscribed before me, this 22 day of Feb., 1961. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the January, 1961 session of the General Assembly of Georgia, a bill to amend the charter of the City of Bremen, Georgia, the title to such Bill to be as follows: An Act to amend an Act approved December 30, 1898 (Ga. L. 1898, pp. 136-144), entitled An Act to repeal

Page 2790

an Act entitled an Act to incorporate the Town of Bremen, adopted Sept. 5, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the charter of the Town of Bremen, and to enact in lieu thereof a new charter for said town, etc., and the several Acts amendatory thereof; and for other purposes. This 20th day of December, 1960. /s/ Thomas B. Murphy, Representative, Haralson County, Georgia. 12-19-26 Approved March 28, 1961. COMPENSATION OF SHERIFFS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 13,050 AND NOT MORE THAN 13,150 PERSONS. No. 270 (House Bill No. 584). An Act to amend an Act supplementing the compensation of the sheriff of certain counties, approved March 17, 1959 (Ga. L. 1959, p. 3107), so as to amend the population figures and the census wherever the same shall appear in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act supplementing the compensation of the sheriff of certain counties, approved March 17, 1959 (Ga. L. 1959, p. 3107), is hereby amended by striking the words and figures 11,710 and not more than 11,895 according to the 1950 wherever they shall appear in the title of said Act and by substituting in lieu thereof the word and figures 13,050 and not more than 13,150 according to the 1960, so that when so amended, the title of said Act shall read as follows: 1959 Act amended.

Page 2791

An Act to supplement the compensation of the sheriff in all counties in this State having a population of not less than 13,050 and not more than 13,150 according to the 1960 United States Census, or any future such census, as an allowance for gasoline; to repeal conflicting laws; and for other purposes. Where applicable. Section 2. Said Act is further amended by striking the words and figures 11,710 and not more than 11,895 according to the 1950 wherever they shall appear in section 1 of said Act and by substituting in lieu thereof the words and figures 13,050 and not more than 13,150 according to the 1960, so that when so amended, section 1 of said Act shall read as follows: Section 1. In all counties in this State having a population of not less than 13,050 and not more than 13,150 according to the 1960 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1961. GWINNETT COUNTYPERSONNEL OF TAX COMMISSIONER'S OFFICE. No. 271 (House Bill No. 579). An Act to amend an Act entitled An Act to consolidate the offices of tax receiver and tax collector of Gwinnett County into the office of tax commissioner of Gwinnett County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies,

Page 2792

to make provisions relative to taxes and tax fi. fas.; to provide for compensation; to provide for an office; to provide that the tax commissioner shall not be required to make rounds for the purpose of receiving or collecting taxes; to abolish the office of county treasurer; to provide that the funds of said treasurer shall be placed with the commissioner of roads and revenues; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes, approved February 23, 1956 (Ga. L. 1956, p. 2502), so as to provide for the employment of personnel in the office of the tax commissioner of Gwinnett County; to provide for the compensation of said employees; to provide for the expenses of operating the office of the tax commissioner; 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 entitled An Act to consolidate the offices of tax receiver and tax collector of Gwinnett County into the office of tax commissioner of Gwinnett County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi. fas.; to provide for compensation; to provide for an office; to provide that the tax commissioner shall not be required to make rounds for the purpose of receiving or collecting taxes; to abolish the office of county treasurer; to provide that the funds of said treasurer shall be placed with the commissioner of roads and revenues; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes, approved February 23, 1956 (Ga. L. 1956, p. 2502), is hereby amended by adding at the end of section 5 the following: The tax commissioner of Gwinnett County shall have the sole authority to select, employ, and discharge all personnel which are necessary to assist him in the performance

Page 2793

of the duties of his office. In addition to the expenses of such employees Gwinnett County shall pay out of the treasury of said county all necessary expenses incurred in the operation of the tax commissioner's office. The salary of such employees and the number thereof and the necessary expenses of operating the tax commissioner's office shall be approved by the board of commissioners of roads and revenues for Gwinnett County. Such salaries and expenses shall be paid from the funds of Gwinnett County in addition to the salary of the tax commissioner, Personnel. so that when so amended, section 5 shall read as follows: Section 5. The tax commissioner shall be furnished an office in the Gwinnett County courthouse, and shall keep said office open for the transaction of business as do other county officers. The tax commissioner shall not be required to leave his office or make rounds for the purpose of receiving returns or collecting taxes. The tax commissioner of Gwinnett County shall have the sole authority to select, employ, and discharge all personnel which are necessary to assist him in the performance of the duties of his office. In addition to the expenses of such employees Gwinnett County shall pay out of the treasury of said county all necessary expenses incurred in the operation of the tax commissioner's office. The salary of such employees and the number thereof and the necessary expenses of operating the tax commissioner's office shall be approved by the board of commissioners of roads and revenues for Gwinnett County. Such salaries and expenses shall be paid from the funds of Gwinnett County in addition to the salary of the tax commissioner. 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 1961 session of the General Assembly of

Page 2794

Georgia, a Bill to amend an Act creating the office of tax commissioner of Gwinnett County, approved February 23, 1956 (Ga. L. 1956, p. 2502), so as to provide for employees and expenses; and for other purposes. This 16th day of January, 1961. /s/ Earl P. Story, Representative, Gwinnett County. /s/ Handsel Morgan, Representative, Gwinnett County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Handsel Morgan and Earl P. Story, who, on oath, deposes and say that they are representatives 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 19, 26 and February 2, 1961. /s/ Handsel Morgan, /s/ Earl P. Story, Representatives, Gwinnett County. Sworn to and subscribed before me, this 21st day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 28, 1961.

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LAW BOOKS TO MACON JUDICIAL CIRCUIT. No. 10 (House Resolution No. 236-694). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the newly created judgeship of the Macon Judicial Circuit; and for other purposes. Whereas, the newly created judgeship of the Macon Judicial Circuit is in need of certain law books in order to transact the business of said court. Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the newly created judgeship of the Macon Judicial Circuit such books as necessary to make a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports. Be it further resolved that if the State Librarian is unable to furnish all of the aforesaid books the Governor is hereby authorized to draw his warrant on the State Treasury in the amount required to purchase said books. Approved March 28, 1961. FULTON COUNTY-CITY OF ATLANTA COURT STUDY COMMISSION. No. 12 (House Resolution No. 184-571). A Resolution. Providing for a commission to study and investigate the laws, rules, regulations and procedures of the several courts having territorial jurisdiction of civil action and criminal offenses in the City of Atlanta and in Fulton County below the grade of the Superior Court.

Page 2796

Whereas, the organization and operation of the inferior courts having territorial jurisdiction in the City of Atlanta and Fulton County are vitally important to the general welfare of the community, and Whereas, it is desirable to make a full and complete investigation of all the laws, rules, regulations and procedures of these courts in order to determine whether or not additional legislation is required to promote their efficiency and effectiveness, and Whereas, it is desirable that this study be made by competent professional people and citizens directly interested in the improvement of the courts to the end that any inequities and disparities may be corrected, Now therefore, be it resolved by the General Assembly of Georgia that there is hereby created a commission for the purpose of making a full and complete investigation and study of all the laws, rules, regulations and procedures relating to the inferior courts having territorial jurisdiction in Fulton County and the City of Atlanta and to make such recommendations as they think proper relating to applicable laws, rules, regulations, procedures and organization of such courts. Created. This commission shall consist of the following persons representing the members of the bar of the City of Atlanta and Fulton County: Mr. Walter W. Calhoun, 710 Rhodes-Haverty Building Mr. Asa W. Candler, 410 Palmer Building Members. Mr. H. Fred Gober, 815 Fulton Federal Building Mr. Devereaux F. McClatchey, 1045 Hurt Building Mr. Pope B. McIntire, 434 Trust Company of Georgia Building

Page 2797

Mr. Arnold Shulman, 1320 First National Bank Building Mr. Robert B. Troutman, Sr., 434 Trust Company of Georgia Building The following shall represent the laymen of the community: Mr. Robert Biccum, Retail Credit Company Mr. Jefferson Davis, Southern Bell Telephone and Telegraph Company Mr. Julius McCurdy, Decatur Federal Savings and Loan Association Mr. Fred Moore, Rhodes-Haverty Building Mr. Joseph L. Morris, The Robinson-Humphrey Co., Inc. The commission shall be known as the Fulton County-City of Atlanta Court Study Commission. The commission herein created shall be organized, shall elect a chairman and a secretary, and adopt rules and regulations for the procedures and operations of said commission not later than May 1, 1961, and shall make a report of its findings and recommendations to the 1962 session of the General Assembly of Georgia. Name. The aforesaid commission hereby created shall have subpoena powers, is authorized to hold hearings, examine relevant records, to employ administrative, clerical, fiscal and such other assistance as in its judgment may be wise, and is further granted such other powers as are necessary for the performance of its function under this resolution. The expenses of its operation shall be borne one-half by Fulton County and one-half by the City of Atlanta. Powers, expenses. Any vacancies which may occur on said commission by death, resignation or otherwise, shall be filled by the remaining members of the commission. Vacancies.

Page 2798

Upon rendering the report hereinbefore required to the General Assembly, the said commission shall stand abolished. Approved March 28, 1961. COMPENSATION TO JACK W. STEWART. No. 19 (House Resolution No. 38-73). A Resolution. Compensating Jack W. Stewart; and for other purposes. Whereas, on or about August 27, 1960, a collision occurred between a Georgia State Patrol motor vehicle and an automobile owned and operated by Jack W. Stewart, Route 2, Blue Ridge, Georgia; and Whereas, said collision occurred on Snake Nation Road about one mile east of Blue Ridge, Georgia; and Whereas, said collision damaged the automobile of Mr. Stewart in the amount of two-hundred and three dollars and sixty-five cents ($203.65); and Whereas, the collision was caused through no fault of Mr. Stewart. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to pay the sum of two-hundred and three dollars and sixty-five cents ($203.65) to Jack W. Stewart as compensation for damages as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 28, 1961.

Page 2799

COMPENSATION TO T. W. SMITH. No. 27 (House Resolution No. 23-39). A Resolution. Compensating T. W. Smith; and for other purposes. Whereas, on April 15, 1960, at the State Highway Department Maintenance Shop in Monroe, Georgia, the brakes of a truck belonging to the State Highway Department of Georgia failed, thereby causing said vehicle to collide with an unoccupied 1954 DeSoto automobile, owned by T. W. Smith of Monroe, Georgia; and Whereas, said collision damaged the automobile of Mr. Smith to the extent of $45.18; and Whereas, the damage to Mr. Smith's automobile was caused through no fault of his own. 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 $45.18 to T. W. Smith as compensation for damages as set out above. Said sum shall be paid from the funds appropriated to and available for the State Highway Department. Approved March 28, 1961. COMPENSATION TO JOSEPH PAUL LARMAN. No. 28 (House Resolution No. 95-269). A Resolution. Compensating Joseph Paul Larman; and for other purposes. Whereas, on or about August 3, 1960, Joseph Paul

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Larman of Eatonton, Georgia, was operating his motor vehicle on Jefferson Street in Eatonton, Georgia; and Whereas, at or near the intersection of Jefferson and Oak Streets, Mr. Larman's motor vehicle was damaged in a collision with equipment belonging to the State Highway Department of Georgia; and Whereas, said collision was caused when a rock conveyor, which was being towed by a motor vehicle belonging to the State Highway Department and operated by an employee thereof, became unhitched from said motor vehicle thus colliding with Mr. Larman's motor vehicle; and Whereas, said collision damaged Mr. Larman's motor vehicle in the amount of $42.55; and Whereas, said collision occurred through no fault of Mr. Larman's. 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 $42.55 to Mr. Joseph Paul Larman as compensation for damages as set out above. Said sum shall be paid from funds appropriated for and available to the State Highway Department. Approved March 28, 1961.

Page 2801

COMPENSATION H. L. HACKNEY. No. 29 (House Resolution No. 81-249). A Resolution. To compensate Mr. H. L. Hackney; and for other purposes. Whereas, at approximately 2:30 o'clock P. M. on July 15, 1959, an automobile belonging to Mr. H. L. Hackney, and being operated by his wife, Mrs. Betty Jean Hackney, was traveling south on State Route No. 49 near Fort Valley, Georgia; and Whereas, the automobile operated by Mrs. Betty Jean Hackney was the last automobile in a line of traffic that was proceeding south on said highway at a speed of approximately ten (10) miles per hour; and Whereas, a pickup truck belonging to the State Highway Department which was being operated along the same highway traveling in the same direction, did strike and damage the rear of the automobile operated by Mrs. Betty Jean Hackney; and Whereas, said damages amounted to $289.39; and Whereas, the accident occurred through no fault or negligence whatsoever on the part of Mrs. Betty Jean Hackney and it is only just and proper that the automobile's owner, Mr. H. L. Hackney, be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mr. H. L. Hackney the sum of $289.39 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 28, 1961.

Page 2802

COMPENSATION TO GEORGE C. BROWN. No. 32 (House Resolution No. 140-408). A Resolution. Compensating George C. Brown, and for other purposes. Whereas, on or about December 7, 1959, the automobile of George C. Brown was damaged in a collision on U. S. Highway No. 78, approximately one mile west of the city limits of Snellville, Georgia, by an automobile operated by James H. Haralson, an employee of the Georgia Department of Public Safety, Georgia Bureau of Investigation; and Whereas, said collision was caused when Mr. Brown's automobile was struck in the rear by the motor vehicle operated by Agent Haralson as Mr. Brown attempted to make a left-hand turn off of said highway; and Whereas, said collision damaged Mr. Brown's 1957 Chevrolet in the amount of $110.40; and Whereas, damage to Mr. Brown's automobile occurred through no fault of his own. 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. George C. Brown the sum of $100.00 as compensation for Mr. Brown's actual damages as set out above. Said sum shall be paid from the funds appropriated for and available to the Georgia Department of Public Safety. Approved March 28, 1961.

Page 2803

LAW BOOKS TO LINCOLN COUNTY. No. 33 (House Resolution No. 231-668). A Resolution. Authorizing and directing the State Librarian to furnish law books for the Clerk of the Superior Court of Lincoln County; and for other purposes. Whereas, the Clerk of the Superior Court of Lincoln County is in need of certain law books in order to transact the business of said court. Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Lincoln County such books as necessary to make a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports. Be it further resolved that if the State Librarian is unable to furnish all of the aforesaid books the Governor is hereby authorized to draw his warrant on the State Treasury in the amount required to purchase said books. Approved March 28, 1961. WALLACE PRYOR RELIEVED AS SURETY ON BOND. No. 34 (House Resolution No. 127-383). A Resolution. To relieve Wallace Pryor as surety; and for other purposes. Whereas, on June 8, 1956, Wallace Pryor became a surety on an appearance bond, in the Superior Court

Page 2804

of Pike County, for the sum of one thousand ($1,000.00) dollars in the case of the State vs. Horace Freddie Frost; and Whereas, on June 8, 1956, Wallace Pryor became a surety on an appearance bond in the Superior Court of Pike County for the sum of five hundred ($500.00) dollars in the case of the State vs. Horace Freddie Frost; and Whereas, at the July term of Pike Superior Court each of the bonds hereinbefore described was forfeited due to the fact that said defendant did not appear in court as provided for in said bond; and Whereas, after such forfeiture, judgment was entered against Wallace Pryor in the amount of fifteen hundred ($1,500.00) dollars; and Whereas, subsequent to the taking of said judgment, Wallace Pryor apprehended Horace Freddie Frost and returned said defendant to Pike County and surrendered him to the custody of the Sheriff of Pike County; and Whereas, on March 11, 1960, in the Superior Court of Pike County, Horace Freddie Frost entered a plea of guilty on each of the two indictments returned against him; and Whereas, the liability of Wallace Pryor should no longer be continued on said appearance bonds. Now, therefore, be it resolved by the General Assembly of Georgia that Wallace Pryor be fully relieved from any and all liabilities arising out of his suretyship on said bonds and the Clerk of the Superior Court of Pike County is hereby authorized, empowered, instructed and directed to cancel the judgment against Wallace Pryor as hereinabove described. Approved March 28, 1961.

Page 2805

PURCHASE OF LAW BOOKS FOR MOUNTAIN JUDICIAL CIRCUIT RATIFIED. No. 35 (House Resolution No. 213-642). A Resolution. To confirm and validate the emergency expenditure of funds by the Governor and the State Library to furnish certain law books necessary to complete the sets of Georgia Supreme Court Reports and Georgia Court of Appeals Reports missing from the office of Judge of the Mountain Judicial Circuit. Whereas, the Hon. Lamar N. Smith, Toccoa, was appointed by the Governor to fill the vacancy of Judge of the Mountain Judicial Circuit resulting from the appointment of the former Judge, the Hon. John E. Frankum, Clarkesville, to be Judge of the Georgia Court of Appeals to fill the additional judgeship created by the General Assembly of 1960 (Ga. L. 1960, p. 158): and Whereas, it was found that the Mountain Judicial Circuit's Office of Judge had never been furnished by the State with those volumes of the Georgia Supreme Court Reports and Georgia Court of Appeals Reports published prior to the creation of the Mountain Judicial Circuit (Ga. L. 1949, p. 266); and Whereas, such books are necessary for the transacting of the business of the Court and the State; and Whereas, it was determined (# 101-215 Ga. Code) that the State Librarian could supply 172 volumes from the State's stock, and the Governor authorized and directed the State Treasurer to make the necessary funds available from contingency funds for the purchase of the 113 volumes which were out-of-stock and necessary to complete the sets of 285 volumes; Now, therefore, be it resolved by the General Assembly

Page 2806

of Georgia that the aforesaid furnishing and purchasing of books is confirmed and approved as a necessary and valid expenditure by the Governor and the State Librarian, during the fiscal quarter ending Sept. 3, 1960. Approved March 28, 1961. LAW BOOKS TO EASTERN JUDICIAL CIRCUIT. No. 38 (House Resolution No. 123-348). A Resolution. Authorizing and directing the State Librarian to furnish certain law books for the Eastern Judicial Circuit; and for other purposes. Whereas, the Office of Judge of the Superior Court (Eastern Circuit), is missing certain Georgia Supreme Court Reports and Georgia Courts of Appeals Report; and Whereas, the Honorable Emanuel Lewis obtained a list of the missing volumes which he gave to a Representative from Chatham County last year but was unable to obtain the missing volumes; and Whereas, because of the fact that said volumes are missing from Judge Edwin A. McWhorter's office, attorneys are forced to walk to other offices to borrow the needed volumes; and Whereas, the Office of Judge of every Superior Court Circuit should have at least one complete set of such volumes; Now, therefore, be it resolved by the General Assembly of Georgia that upon the furnishing to the State Librarian of the list of the missing volumes, that the

Page 2807

State Librarian shall be authorized and direced to furnish to the Office of Judge Edwin A. McWhorter of the Eastern Judicial Circuit, those volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports that are missing. Be it further resolved, that if for any reason the State Librarian cannot furnish the aforesaid volumes, the Governor is hereby authorized to draw money from his contingent fund to purchase these much needed books. Approved March 28, 1961. LAW BOOKS TO GWINNETT JUDICIAL CIRCUIT. No. 42 (House Resolution No. 178-541). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Judge of Superior Court of the Gwinnett Judicial Circuit; and for other purposes. Whereas, The Gwinnett Judicial Circuit was created by the General Assembly of Georgia on February 12, 1960, (Ga. L. 1960, p. 110), and Whereas, the judge of superior court for said circuit has not heretofore been furnished and supplied with the volumes of the Georgia Supreme Court Reports, and the Georgia Court of Appeals Reports, to date, and said court is therefore without said volumes; and Whereas, it is necessary for the business of said court that a complete set of said reports be available at all times; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby

Page 2808

directed and authorized to furnish to the Judge of the Superior Court of the Gwinnett Judicial Circuit, without cost, a complete set of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the above mentioned books, the Governor is hereby authorized to draw his warrant on the State Treasurer for the amount required to purchase the same, on any unappropriated fund in the State Treasury, provided said funds are available for this purpose. Approved March 28, 1961. LAW BOOKS TO GWINNETT COUNTY. No. 45 (House Resolution No. 179-541). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Gwinnett County; and for other purposes. Whereas, certain volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports are missing from the offices of the Clerk of Superior Court and the Ordinary of Gwinnett County; and Whereas, such books are necessary for the Clerk and Ordinary to transact the business of the court and that of the County and the State; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Clerk of

Page 2809

Superior Court of Gwinnett County the following volumes of the Georgia Supreme Court Reports, to-wit: 3, 8, 17, 18, 21, 25, 29, 54, 58, 60, 61, 62, 63, 65, 66, 67, 70, 78, 80, 92, 105, 115, 116, 118, 127, 130, 131, 132, 136, 150, 179, 181 and 202, the following volumes of the Georgia Court of Appeals Reports, to-wit 1, 7, 8, 10, 26, 35 and 38; Be it further resolved that said State Librarian is hereby authorized and directed to furnish to the Ordinary of Gwinnett County, the following volumes of the Georgia Supreme Court Reports, to-wit: 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 14, 15, 16, 18, 19, 20, 21, 22, 30, 32, 34, 35, 36, 37, 38, 39, 40, 44, 45, 48, 50, 52, 56, 57, 58, 59, 60, 61, 62, 67, 68, 70, 73, 74, 76, 78, 83, 89, 97, 142, 144, 148, 153, 154, 177, and 186, and the following volumes of the Georgia Appeals Reports, to-wit: 1, 2, 4, 12, 15, 24, and 43. Be it further resolved that if for any reason the State Librarian cannot furnish the above mentioned books, the Governor is hereby authorized to draw his warrant on the State Treasurer for the amount required to purchase the same, on any unappropriated fund in the State Treasury provided said funds are available for this purpose. Approved March 28, 1961. COMPENSATION TO FISH HOWARD. No. 46 (House Resolution No. 66-171). A Resolution. To compensate Fish Howard; and for other purposes. Whereas, on July 8, 1960, employees of the Georgia Forestry Commission were spraying a tract of timber in Madison County, and instead of spraying the correct

Page 2810

tract, sprayed a tract belonging to Fish Howard; and Whereas, as a result of such spraying, trees on his property were killed or damaged and certain pasture land was poisoned, all of which caused a loss to Fish Howard occasioned through no fault or negligence upon his part; Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Forestry Commission is hereby authorized and directed to pay to Fish Howard the sum of $200.00 as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 28, 1961. COMPENSATION TO MRS. FRANCES S. IVEY. No. 47 (House Resolution No. 93-269). A Resolution. Compensating Mrs. Frances S. Ivey; and for other purposes. Whereas, in September of 1959, Mrs. Frances S. Ivey was operating her 1959 Pontiac automobile on Thompson Bridge Road, approximately one mile north of the city limits of Gainesville, Georgia; and Whereas, Mrs. Ivey was following a motor vehicle belonging to the State Highway Department, which was hauling crushed stone; and Whereas, a piece of stone fell from the motor vehicle of the State Highway Department breaking the windshield of Mrs. Ivey's automobile; and

Page 2811

Whereas, Mrs. Ivey expended the sum of $149.38 in replacing her damaged property. 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 $149.38 to Mrs. Frances S. Ivey as compensation for damages as set out above. Said sum shall be paid from the funds appropriated for and available to the State Highway Department. Approved March 28, 1961. LAW BOOKS TO COBB JUDICIAL CIRCUIT. No. 50 (House Resolution No. 90-269). A Resolution. Authorizing and directing the State Librarian to furnish certain law books for the Cobb Judicial Circuit; and for other purposes. Whereas, an additional judgeship for the Cobb Judicial Circuit was created, and such position has been filled by the election of Honorable Albert J. Henderson, Jr.; and Whereas, there are no law books available for the use of said judge and such books are necessary in transacting the business of the court and of said circuit; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the aforesaid Cobb Judicial Circuit, for the use of said judge, a complete set of Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports. Be it further resolved that if the State Librarian is

Page 2812

unable to furnish all of the aforesaid books, the Governor is hereby authorized to draw his warrant on the State Treasury in the amount required to purchase said books. Approved March 28, 1961. COMPENSATION TO HUBERT KIDD. No. 51 (House Resolution No. 55-142). A Resolution. To compensate Hubert Kidd; and for other purposes. Whereas, on July 13, 1959, the Georgia Forestry Commission was spraying certain of its properties by the aerial method; and Whereas, a large amount of the spray went onto the lands owned by Hubert Kidd of Hall County damaging cotton owned by him in the amount of ninety-nine dollars and seventeen cents ($99.17), watermelons owned by him in the amount of fifty dollars ($50.00), and peach trees owned by him in the amount of twenty dollars ($20.00); and Whereas, this damage occurred through no fault or negligence on the part of Hubert Kidd, and it is only just and proper that he be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Forestry Commission is hereby authorized and directed to pay to Hubert Kidd the sum of ninety-nine dollars and seventeen cents ($99.17) as compensation as set out above. Said sum shall be in full payment for any claim arising by virtue of the aforesaid and shall be paid from the funds

Page 2813

appropriated to or available to the Forestry Commission. Approved March 28, 1961. LAW BOOKS TO NORTHERN JUDICIAL CIRCUIT. No. 52 (House Resolution No. 169-511). A Resolution. Authorizing and directing the State Librarian to furnish certain law books for the Judge of the Northern Judicial Circuit; and for other purposes. Whereas, the Judge of the Northern Judicial Circuit is in need of certain law books in order to transact the business of said circuit. Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Judge of the Northern Judicial Circuit a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports. Be it further resolved that if the State Librarian is unable to furnish all of the aforesaid books the Governor is hereby authorized to draw his warrant on the State Treasury in the amount required to purchase said books. Approved March 28, 1961.

Page 2814

T. E. VICKERY RELIEVED AS SECURITY ON BOND. No. 59 (Senate Resolution No. 13). A Resolution. To relieve T. E. Vickery as security on a bond and for other purposes: Whereas, T. E. Vickery, as security, and Harry Lee Kimbrell, as principal, were parties to a recognizance in the amount of $500.00, conditioned upon the appearance of the principal at the July Term, 1960 of the Superior Court of Pike County, Georgia, and said recognizance was forfeited at the July Term of said Court and a rule nisi issued and served on T. E. Vickery, security, and that said rule was made absolute at the November Term 1960, of said Court; and Whereas, fi fa was issued against said principal and security, and the same was recorded in the office of the Clerk of the Superior Court of Pike County, Georgia, in general execution docket 5, page 141-284, and in minute book 22, page 227; and Whereas, the said Harry Lee Kimbrell was in confinement at the Georgia Prison Branch in Milledgeville, Georgia, known as the Colony Farm, at the November Term, 1960, and is still so confined and is in the custody and control of the prison officials of the State of Georgia; and Whereas, it is impossible, due to operation of law, for the said T. E. Vickery, as security, to have said Harry Lee Kimbrell at the November Term, 1960 of the Pike Superior Court because of the fact that he was held and in the custody and control of the prison officials of the State of Georgia at Milledgeville, as aforesaid; and Whereas, it is only just and proper that the security

Page 2815

be relieved from said bond, the said T. E. Vickery having paid the bond forfeiture costs in said case. Now, therefore, be it resolved by the General Assembly of Georgia that the Clerk of the Superior Court of Pike County, Georgia, be, and he is hereby directed to mark the judgment recorded in the records of his office as Clerk of the Superior Court, against T. E. Vickery, as security on the aforesaid recognizance, as satisfied and fulfilled by the reasons hereinabove enumerated and that the judgment and fi fa issued against the security be cancelled as a matter of law. Approved March 28, 1961. TWIGGS COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 280 (Senate Bill No. 149). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Twiggs, approved July 27, 1923 (Ga. L. 1923, p. 324), so as to change the compensation of the commissioners of said board; to change the compensation of the clerk of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Twiggs, approved July 27, 1923 (Ga. L. 1923, p. 324), is hereby amended by striking from section 8 thereof, the figures $40.00 wherever they appear, and substituting in lieu thereof the figures $60.00, so that when so amended section 8 shall read as follows: Section 8. That it shall be the duty of the chairman of said board to preside at all meetings and to sign as

Page 2816

such chairman all orders and processes of said commissioners. Said chairman shall have the right to vote on all questions and perform any and all duties imposed upon the board of commissioners. The board of commissioners shall elect one of its members purchasing agent for said county for all things need by the different departments of said county; and especially for all supplies for the convicts and feed for the mules and horses owned by the county, and in fact for everything purchased by said county, and he shall at no time pay more than the fair market price for the same, and shall monthly at the regular meeting of the board report to the board all purchases made during the past month and exhibit an itemized statement for same, and the same shall then be approved by the commissioners; if they find the same just, fair, correct and reasonable, and this shall apply to all supplies for all county officers. The chairman shall receive a salary of $60.00 per month, payable monthly. In the absence or disqualification of the chairman the board may elect a vice-chairman to act in his stead. The purchasing agent shall receive a salary of $10.00 per month. Chairman's salary. Section 2. Said Act is further amended by striking from section 9, the figures $40.00 wherever they appear and substituting in lieu thereof the figures $60.00, so that when so amended section 9 shall read as follows: Section 9. That the members of said board of commissioners hereby created and their successors in office shall receive as compensation the sum of $60.00 dollars per month. The salaries of the chairman and of the other members of the board of commissioners shall be paid out of the county treasury of the County of Twiggs. Members' salaries. Section 3. Said Act is further amended by striking from section 10 thereof the figures $75.00 wherever they appear and substituting in lieu thereof the figures $150.00, so that when so amended section 10 shall read as follows: Section 10. Be it further enacted by the authority

Page 2817

aforesaid that said commissioners shall employ a clerk whose salary shall be $150.00 per month. It shall be the duty of said clerk to keep the minutes and records of all proceedings of said commissioners, and to discharge such other and further duties as the commissioners may prescribe. It shall be the duty of said clerk to be the bookkeeper of said board, and he shall do such other clerical work as shall be necessary in carrying on the work of said office; said board shall make it the duty of said clerk to attend all the meetings of said board, and to keep a full, clear and complete record of all its proceedings, and to keep on file and preserve all papers relating to its business; said clerk shall also keep a book known as the `Property Book' and a book to be known as `Book of Commutation Taxpayers' of said county, all of which said books shall be open to public inspection at any time; said clerk shall keep a book known as a `Record of County Vouchers,' which shall be open to public inspection. The clerk before entering upon his duties shall take a like oath to that prescribed for the commissioners, which shall be recorded on the minutes to be kept by said board of commissioners, and the clerk shall furthermore before entering upon the discharge of the duties of his office give bond and good security in some approved security company, the premium on said bond to be paid out of the county treasury and approved by the ordinary of said County of Twiggs in the sum of three-thousand dollars, payable to the Board of Commissioners of Roads and Revenues of Twiggs County and their successors in office, which bond, when approved by the ordinary, shall be by him recorded in the record of official bonds kept by him in his office. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 5, 1961.

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LUMPKIN COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 284 (Senate Bill No. 102). An Act to amend an Act consolidating the office of tax receiver and the office of tax collector of Lumpkin County into one office of tax commissioner of said County, approved August 24, 1931 (Ga. L. 1931, p. 523), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2928), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the office of tax receiver and the office of tax collector of Lumpkin County into one office of tax commissioner of said county, approved August 24, 1931 (Ga. L. 1931, p. 523), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2928), is hereby amended by striking from section 6 the figures $3,000.00 and inserting in lieu thereof the figure $3,300.00, so that when so amended, section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid that the compensation of the county tax commissioner of Lumpkin County, Georgia shall be $3,300.00 per annum to be paid in equal monthly installments by the fiscal authority of Lumpkin County. This compensation shall be in lieu of all fees, commissions or any other compensation heretofore received by said tax commissioner. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 5, 1961.

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AIRPORT AUTHORITIES IN COUNTIES HAVING POPULATION OF NOT LESS THAN 25,000 AND NOT MORE THAN 26,000 PERSONS. No. 287 (Senate Bill No. 131). An Act to create and establish an Airport Authority in all counties of this State having a population of not less than 25,000 nor more than 26,000 according to the 1960 Census or any future census, and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and the acquiring the necessary property therefor, both real and personal, and to lease and sell any and all of such facilities including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of Revenue Bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the Authority, including but not limited to earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations or to secure the payment thereof and to define the rights of the holders of such bonds; to provide that no debt of such counties shall be incurred in the exercise of any powers granted by this Act; to make the bonds or obligations of the Authority exempt from taxation; to grant the Authority the right of eminent domain and empower it to condemn property of every kind; to authorize the issuance of refunding bonds or obligations;

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to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. L. 1957, p. 36 et. seq.) amending the law known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et. seq., as amended); to provide that the governing authorities of such counties shall have the power to levy an ad valorem tax for the purpose of maintaining and improving any airport within such counties which is under the control of an Airport Authority; to provide that the county seats of such counties shall have jurisdiction over the real property of the Authority; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a body corporate and politic to be known as the Airport Authority in all counties of this State having a population of not less than 25,000 nor more than 26,000 according to the 1960 Census or any future census, which shall be deemed to be a political sub-division of the State of Georgia and a public corporation and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Authority may select any appropriate name for itself and thereafter shall be known by such name and style. The Authority shall consist of five (5) members, two of whom shall be appointed by the governing authorities of such counties, and three of whom shall be elected and appointed by the governing authorities of the county seat in such counties. One of the two members appointed by the governing authorities of the county seat of such counties shall have an initial term of two (2) years and the other an initial term of four (4) years. Two of the three members appointed by the governing authorities of such counties shall have

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an initial term of two (2) years and the other, an initial term of four (4) years. Thereafter, and upon expiration of each of the aforesaid terms, all members shall be appointed for four (4) years terms. Upon the approval of this Act, the members above provided shall be appointed. Upon the approval of this Act, and at its first meeting in January of each year thereafter, the authority shall elect one of its members as its Chairman and another member as Vice Chairman, both of whom shall be elected for a term ending on December 31 of the year in which they were elected or until their successors are elected and qualified. The Authority shall also elect a Secretary and Treasurer who shall be elected in the same manner and for the same term as Chairman and Vice Chairman. One person may hold the office of Treasurer and Secretary, but no member of the authority shall hold any other two offices. The majority of the Authority eligible to vote shall constitute a quorum and a majority of the quorum is empowered to exercise all the rights and perform all of the duties of the authority, excepting that it shall be necessary for four members of the Authority to concur before any of the real property owned by the Authority shall be sold or disposed of. In the event of a vacancy on the Authority by death, resignation, or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason by the governing body which appointed such member. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Where applicable, created. members, terms, etc. Section 2. Definitions As used in this Act the following words and terms have the following meanings: (a) The word Authority shall mean an Airport Authority in all counties of this State having a population of not less than 25,000 nor more than 26,000 according to the 1960 Census or any future census.

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(b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improving and operation of airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all of such facilities including real and personal property so as to assure the efficient and proper development, maintenance and operation of such airports, and landing fields for the use of aircraft deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority including the proceeds of any Revenue Bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds, and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1957, p. 36 et. seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et. seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of

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the Authority the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 3. Powers The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease, dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power and right of eminent domain, which is hereby granted, by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contract with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceeding to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no

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property shall be acquired under the provisions of this Act upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; (d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient including contracts for construction or projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political sub-divisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the authority upon such terms and for such purposes as they may deem advisable; the said Authority is further granted the authority to make contracts, leases, and to execute all instruments necessary or convenient with the United States Government or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in Section 18 of this Act; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and/or grants of money or materials or property of any kind from the United States

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of America or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the United States of America or such agency or instrumentality, may impose; (h) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision, may impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (k) The Authority and the trustee acting under the trust indenture, are specifically authorized subject from time to time, sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in Section 18 and Section 2 hereof; (l) To do all things necessary or convenient to carry out the powers especially given in this Act. Section 4. Revenue Bonds The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide

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by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding or any amendment thereto, shall be payable semi-annually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36 et. seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et. seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 5. Same: Form: Denominations: Registration: Place of Payment The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 6. Same: Signatures: Seal In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds,

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such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the secretary and treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and secretary and treasury of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. Section 7. Same: Negotiability: Exemption from Taxation All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Section 8. Same: Sale: Price The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par. Section 9. Same: Proceeds of Bonds The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust

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indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. Section 10. Same: Interim Receipts and Certificates or Temporary Bonds Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 11. Same: Replacement of Lost or Mutilated Bonds The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 12. Conditions precedent to Issuance: Object of Issuance Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 13. Credit not pledged Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of such counties, or any municipality therein, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such

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revenue bonds shall not directly, indirectly or contingently obligate the said county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14. Same: Trust Indenture as Security In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including, the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be

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required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 15. Same: To Whom Proceeds of Bonds Shall be Paid The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Same: Sinking Fund The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal

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of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying interest and principal, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 17. Same: Remedies of Bondholders Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties, required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 18. Same: Refunding Bonds The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such

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revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Same: Validation Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States Government, or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality, shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said Airport Authority. Section 20. Same: Venue and Jurisdiction Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of such counties, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Same: Interest of Bondholders Protected While any of the bonds issued by the Authority remain

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outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22. Moneys Received Considered Trust Funds All moneys received pursuant to the Authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Purpose of the Authority .Without limiting the generality of any provisions of the Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, improving and operating airports and landing fields for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 24. Rates, Charges and Revenues: Use The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and in anticipation of the collection of the revenues and income

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of such undertakings or projects is authorized to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made or the sale of any of its lands and facilities. Section 25. Levy of Taxes The governing authorities of counties having a population of not less than 26,000 nor more than 27,000 according to the 1960 or any future census shall have the authority to make payments from its tax revenues for the purpose of maintaining and improving any airport in the County which is under the control of an Airport Authority. For the purpose of providing such tax revenues there is hereby authorized to be levied, an ad valorem tax not exceeding five mills exclusive of all other taxes which may be levied by such counties. Section 26. Rules and Regulations for Operation of Projects It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. Section 27. Powers Declared Supplemental and Additional The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Liberal Construction of Act .This Act being for the purpose of promoting the health, morals and general welfare of the citizens of the United States,

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of the State of Georgia and of such counties, shall be liberally construed to effect the purposes hereof. Section 29. Jurisdiction All property, the title of which shall vest in said Authority shall be and become a part of the corporate limits of the county seat of such counties, and shall be subject to the jurisdiction of the county seat in the same manner and subject to the police ordinances, rules and regulations as are now or may hereafter be in effect in the County seats of such counties, including, but not in limitation, the Authority of such County seats to adopt airport zoning regulations under the provisions of the Airport Zoning Act. (Ga. L. 1946, p. 121 et. seq.). Section 30. Effect of Partial Invalidity of Act The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 31. Repeal All laws and parts of laws in conflict with this Act are hereby repealed. Section 32. Effective Date The effective date of this law shall be upon approval of same by the Governor. Approved April 5, 1961. CITY OF DECATURCHARTER AMENDED. No. 290 (Senate Bill No. 101). 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 the Act approved August 12, 1924 (Ga. L. 1924, p. 534) by adding a new section to be known as section 1-A to follow

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immediately after section 1 of said Act approved August 12, 1924, so as to provide for the assessment of property for street, sidewalk or curb improvements where such street, sidewalk or curb abuts said property on both the front and the side. 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 April 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, be and the same is hereby amended by amending the Act approved August 12, 1924 (Ga. L. 1924, p. 534) by adding a new section to be known as section 1-A, to follow immediately after section 1 of said Act approved August 12, 1924, so as to provide for the assessment of property for street, sidewalk or curb improvements where such street, sidewalk or curb abuts said property on both the front and the side, to-wit: Section 1-A. Where a street, sidewalk or curb abuts property on both the front and the side, the property shall be assessed as hereinbefore provided according to the frontage, and the first 150 feet of the property abutting on the side shall be exempted from assessment, and any remaining frontage on the side shall be assessed as other property abutting on said street for said construction. When said street, sidewalk or curb abuts property only on the side, the property shall be assessed, except that where it appears that the placing of said improvements along the property on the front is imminent, the first 150 feet of the property abutting on the side may be exempted in the discretion of the Commissioners. Provided, that the provisions of this amendment shall apply to a lot of land, the same being considered the smallest unit owned by the same party or parties into which any tract or parcel has been divided, either by deed or plat, and is not suitable for further subdivision, and provided further that the provisions of this

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amendment shall apply to the cost of paving, curbing, and laying sidewalks. Assessments for sidewalks, etc. Section 2. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this Bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 3. 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. See Enrolled Act for affidavit and advertisement. Approved April 5, 1961. PAULDING COUNTY WATER AUTHORITY. No. 291 (Senate Bill No. 145). An Act to create the Paulding County Water Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns and municipal corporations; to confer powers and impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to the water utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or certificates of the Authority

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payable from the revenues, tolls, fees, charges and earnings of the Authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or certificates and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debts of Paulding County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or certificates of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds or certificates; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or certificates be validated; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes: Whereas, Paulding County is steadily increasing in population and the matter of obtaining and distributing potable water to the various municipalities located therein and to other users of such facilities is of prime importance and essential to the health and welfare of citizens within its boundaries and environs; and Whereas, it is advisable to authorize the financing, in whole or in part, of the acquisition and construction of sources of water supply and the installation of water utilities for the distribution of same throughout the county and environs by the issuance of revenue certificates or bonds of the Authority for that purpose. Be it enacted by the General Assembly of Georgia: Section 1. Short title This may be cited as the Paulding County Water Authority Act. Section 2. Paulding County Water Authority There is hereby created a body corporate and politic, to be

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known as the Paulding County Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of five members, all of whom shall be freeholders and citizens of Paulding County. The governing authority of the county shall appoint the members of said Authority. The five members shall select their own chairman and vice-chairman. Each member shall serve a term of four years, and until successors shall be elected and qualified. Immediately after such appointments, the members of the Authority shall enter upon their duties. In addition to the chairman, the Authority shall elect one of its members as vice-chairman and it may also elect a secretary and treasurer, who need not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be entitled to compensation for their services as fixed by the governing authority of the county, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Definitions .As used in this Act the following words and terms shall have the following meanings: (a) The word Authority shall mean the Paulding County Water Authority created by Section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities

Page 2840

for the purpose of resale, within and without the territorial boundaries of Paulding County and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financial charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) The terms revenue bonds and bonds as used in this Act, shall mean revenue certificates as defined and provided for in the Revenue Certificate Law of Georgia (Ga. L. 1937, p. 761, as amended), and such type of obligations may be issued by the Authority as authorized under said Revenue Certificate Law and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter specifically provided for in this Act. (e) Any project shall be deemed self-liquidating if in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom will be sufficient to pay the cost of operating, maintaining

Page 2841

and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 4. Powers .The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to leave or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the credit of

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the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority. (d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use or projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and related services and facilities by the Authority to such municipal corporations and counties for a term not exceeding 50 years. (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such projects to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America

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or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (h) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (i) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (j) To do all things necessary or convenient to carry out the powers expressly given; in this Act. Section 5. Revenue bonds .The Authority, or any Authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed two million five hundred thousand dollars ($2,500,000) outstanding at any one time of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding five per centum (5%) per annum, payable semi-annually, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.

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Section 6. Same; form; denominations; registration; place of payment .The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Same; signatures; seal .In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 8. Same; negotiability; exemption from taxation .All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; sale; price .The Authority may

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sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than five per centum (5%) per annum computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. Section 10. Same; proceeds of bond .The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds, first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which said bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Section 11. Same; interim receipts and certificates or temporary bonds .Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; replacement of lost or mutilated bonds .The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 13. Conditions precedent to issuance; object of issuance .Such revenue bonds may be issued without

Page 2846

any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 14. Credit not pledged .Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Paulding County or a pledge of the faith and credit of either subdivision, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 15. Same; trust indenture as security .In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies,

Page 2847

and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 16. Same; to whom proceeds of bonds shall be paid .The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; sinking fund .The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged

Page 2848

and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Same; remedies of bondholders .Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, or by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by

Page 2849

such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 19. Same; refunding bonds .The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof and; the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Same; venue and jurisdiction .Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Paulding County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Same; validation .Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the water system for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security

Page 2850

for the payment of any such bonds, of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds against the Authority issuing the same, and any municipality, county, Authority, subdivision or instrumentality, contracting with the said Paulding county Water Authority. Section 22. Same, interest of bondholders protected .While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23. Monies received considered trust funds .All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the Authority .Without limiting the generality of any provisions of this Act the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to Paulding County water system, and the various municipalities in said county and environs, including adjoining counties and municipalities located therein, but such general purpose shall not restrict the Authority from selling and delivering water direct to consumers in those areas where there does not now exist

Page 2851

water distribution systems and where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. Section 25. Rates, charges and revenues; use .The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls or charges, and to revise from time to time and collect such rates, fees, tolls or charges, for the services, facilities or commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvisions, betterment or extension of the water utility system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. Section 26. Rules and regulations for operation of projects .It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities shall be furnished. Section 27. Powers declared supplemental and additional .The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Liberal construction of Act .This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 29. Effect of partial invalidity of Act .The provisions of this Act are severable, and if any of its

Page 2852

provisions shall be held unconstitutional by any court of competent jurisdiction, the decisions of such court shall not affect or impair any of the remaining provisions. Section 30. Repeal .This Act does not in any way take from Paulding County or any municipality located therein or any adjoining county the authority to own, operate and maintain water systems or issue revenue certificates as is provided by the Revenue Certificate Law of Georgia. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. SMALL CLAIMS COURTS CREATED IN COUNTIES HAVING POPULATION OF NOT LESS THAN 33,300 AND NOT MORE THAN 34,056 PERSONS (INCLUDING COLQUITT COUNTY). No. 292 (Senate Bill No. 146). An Act creating a Small Claims Court in each county in this State having a population of not less than 33,300 and not more than 34,056 according to the U. S. Decennial Census of 1960 or any future such census, and including the County of Colquitt; providing for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of any such Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of processes therein; providing for a clerk and prescribing his duties and remuneration; providing for paraphernalia for such courts; validating acts and proceedings therein; providing the effective date hereof; to repeal conflicting laws; and for other germane purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is thereby created and established in each county in this State having a population of not

Page 2853

less than 33,300 and not more than 34,056 according to the U. S. Decennial Census of 1960 or any future such census, and including the County of Colquitt, a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or damages claimed or value of the property involved does not exceed four hundred ($400.00) dollars, said jurisdiction to be county-wide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the laws of the State of Georgia. Created, jurisdiction. Section 2. The Governor shall appoint and commission a citizen of any such county to be judge of any such court for a four year term beginning from the time of his appointment. Judge. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty appertaining to his office, the judge of the superior court of the county or any judge of a city court located in said county, on application of an interested party or of the judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge so unable to act. Judge, pro hac vice. Section 4. Any duties herein prescribed to be performed by the clerk of a small claims court may be performed by the judge thereof, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Fees.

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Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in clear and concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Actions. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in superior courts; or by registered or certified mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant, at his last known address, prepay the postage from the filing fees hereinafter provided for, mail the same forthwith, noting on the record the day and hour of mailing. If such receipt is returned, the clerk or judge shall attach the same to the original statement of claim, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs.

Page 2855

(e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (f) Said notice shall specify the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in the case. Docket. Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of five ($5.00) dollars, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment and trover shall be seven dollars fifty cents ($7.50); and in other matters not specifically mentioned in this section the costs shall be the same as provided for justices of the peace. If a party shall fail to pay accrued costs, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Procedure.

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(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) In cases of attachment, garnishment, and trover, the legal grounds thereof shall be as now or hereafter provided by law, and the pleading and practice in such cases shall be substantially the same as obtained in courts of justices of the peace; and no formal declaration in attachment shall be required. (d) If the plaintiff fails to appear, the case may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may dictate. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may in his discretion continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Cross actions. Section 11. When a judgment is to be rendered and the party against whom it is to be rendered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Executions.

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Section 12. The judge of the superior court presiding in any such county may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to ensure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 13. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses, and to compel their attendance. Jury trials. (a) Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. (b) The judge of a Small Claims Court shall have no power to punish for contempt but he may, for cause, cite persons to appear before the Judge of the Superior Court of the county for that purpose. Section 14. Judgments of Small Claims Courts shall become a lien on the real estate and personal property of a defendant, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Liens. Section 15. Appeals may be had from judgments rendered in a Small Claims Court, to the superior court, and the same provisions now provided by law for appeals from courts of ordinary to superior courts, shall be applicable to appeals from the Small Claims Court to the superior court. Appeals. Section 16. Until otherwise provided by rules of court,

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the statement of claims, verification, and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons and/or process now provided by law: Small Claims Court Statement of Claim (Here the plaintiff, or at his request the court, will insert a statement of the plaintiff's claim, and the original to be filed with the court may, if action is on a contract, express or implied, be verified by the plaintiff or his agent, as follows:) State of Georgia, County of. , being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all set-offs and just grounds of defense. Sworn and subscribed before me this day of, 19.

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Notice . You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at time of the hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. (Seal) Section 17. All acts performed by the judge or clerk, and all proceedings had before the Small Claims Court in counties of this State having a population of not less than 33,300 and not more than 34,056 according to the U. S. Decennial Census of 1960 or any future such census, are hereby validated, and all judgments and executions therein or therefrom shall run and be enforcible throughout this State. Intent.

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Section 18. The judge appointed at the time this Act becomes effective shall continue to serve until the expiration of his term of appointment on December 31, 1964. His successor shall take office on January 1, 1965. Except in the case of a vacancy, the judge of said court shall hold office by virtue of an election by the qualified voters of Colquitt County. Any vacancy in said office shall be filled by appointment by the Governor, by and with the advice and consent of the Senate, for the unexpired term. The election for the office of judge shall be held at the same time and along with the election for representatives to the General Assembly from such county to be held in 1964, and thereafter the election of said judge shall be held every four years at the same time and along with the election for Representatives to the General Assembly from such county. Term of judge. Section 19. All supplies and paraphernalia, forms, docket books, file jackets, filing cabinets and the like, required by this Act in the proper operation of a Small Claims Court shall be furnished by the county commissioners upon requisition of the judge of such court. Office supplies. Section 20. For the proper functioning of such courts, the State Librarian is hereby authorized and directed to furnish the Small Claims Courts established hereby, without cost to the court or the county, and up-to-date Annotated Code of Georgia and continuing supplements thereto, and all session Acts of the General Assembly (Ga. L.) as published, beginning with the Laws of 1960, and, if for any reason the State Librarian cannot furnish any of the above specified, the Governor is hereby authorized to draw his warrant on the State Treasury for the amount required to purchase said books, from any funds available for such purpose. Section 21. If any word, phrase, sentence, section or part of this Act is declared unconstitutional, the remainder shall remain in full force and effect. Severability. Section 22. All laws and parts of laws in conflict herewith are hereby repealed.

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Section 23. This Act shall take effect immediately upon becoming a law. Effective date. Approved April 5, 1961. CITY OF CLARKSTONCHARTER AMENDED. No. 293 (Senate Bill No. 125). An Act to amend an Act of the General Assembly of Georgia approved August 12th, 1914 creating a new charter for the City of Clarkston, Georgia, and the several amendatory acts thereof so as to provide that the mayor and councilmen of the City of Clarkston, Georgia, may succeed themselves in office, if elected, with no limit as to the number of terms they may be eligible to serve; also to provide for an increase in the mayor's salary, the councilmen's salary and fix a maximum thereof and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: That the Act approved August 12th, 1914 containing the Georgia Laws of 1914, pages 578 to 615 inclusive entitled An Act to provide and establish a new charter for the Town of Clarkston in the County of DeKalb be and the same is hereby amended as follows: Section 1. By striking in its entirety section 9 thereof and substituting in lieu thereof a new section 9 to read as follows: Section 9. Be it further enacted that the mayor and any member of council shall be eligible to succeed himself with no limit imposed as to the number of times he may be re-elected to the same office or any other office provided for herein. Re-election of mayor and councilmen. Section 2. By striking in its entirety section 10 of said

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Act and section 1 of the said Act amendatory thereof, said amendment having been approved July 30th 1927 and found in the Georgia Laws of 1927, page 943 and substituting in lieu thereof the following section: The mayor and council shall fix the salaries of the mayor and council beginning with the first session of the city council of each year and annually thereafter, provided, however, that the salary of the mayor shall not exceed $600.00 per year and the salary of the councilmen shall not exceed $100.00 per year. In the event the mayor should for any reason fail to serve as judge of the recorder's court, then his salary should not exceed $300.00. Salaries. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 5, 1961. INVESTMENT OF SURPLUS FUNDS BY BOARDS OF EDUCATION IN COUNTIES HAVING A POPULATION OF MORE THAN 500,000 PERSONS. No. 294 (Senate Bill No. 107). An Act to authorize and make lawful the investment of funds of county boards of education in counties having a population of more than 500,000 according to the last or any future United States census in United States bonds or other valid obligations of the United States or in accounts of certain insured savings and loan associations; to define the circumstances under which the same may be invested and for what purposes held; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding the provisions of Section 32-942 of the Georgia Code of 1933, or the provisions of

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Chapter 89-8 of the Georgia Code of 1933, it shall be lawful for the treasurer or finance officer or other officer holding funds of county boards of education in counties having a population (including the population of any independent school district located in such county) of more than 500,000 according to the last or any future United States census, to invest any surplus funds in his hands, or any special funds held or being accumulated for any special purposes, or any funds on hand not required for the operation of the county schools for the current month, in United States bonds or other valid obligations of the United States Government repayable at face value or better, when such investment is authorized by the Board of Education of said County; provided, funds accumulated for any special purpose shall be invested only in securities whose maturity date is prior to the date when such funds shall be needed for said special purposes or which are redeemable prior thereto without penalty or loss of principal. Any bonds or other securities purchased or held pursuant to the preceding paragraph shall be held subject to the same conditons as those attached to the funds from which same were purchased. Provided further that any such funds as included in the preceding paragraph may be invested in accounts of savings and loan associations chartered by the State or Federal Government and located in this State and which are insured by the Federal Savings and Loan Insurance Corporation and to the extent of such insurance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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ACT PROVIDING METHOD OF EMINENT DOMAIN FOR[UNK] SCHOOL SYSTEMS AMENDED AS TO COUNTIES HAVING POPULATION OF 500,000 OR MORE. No. 295 (Senate Bill No. 108). An Act to amend an Act approved February 16, 1956 (Ga. L. 1956, p. 100) so as to permit boards of education in counties having a population of more than 500,000 according to the last or any future United States census to use the form of condemnation procedure permitted by an Act approved March 13, 1957 (Ga. L. 1957, p. 387), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 2 of an Act approved February 16, 1956 (Ga. L. 1956, p. 100) is hereby amended by adding thereto the following proviso: Provided, that county boards of education in counties having a population (including the population of any independent school district located in such county) of more than 500,000 according to the last or any future United States census may use the form of condemnation procedure permitted by an Act approved March 13, 1957 (Ga. L. 1957, p. 387) as amended 1956 Act amended. so that said section 2, as amended, will read as follows: Section 2. Condemnation proceedings by such boards and systems shall take the form provided in Chapters 36-1 through 36-6 of the Code of Georgia of 1933, as amended, or the form provided in Chapter 36-11 of the Code of Georgia of 1933, as amended; provided, that county boards of education in counties having a population (including the population of any independent school district located in such county) of more than 500,000 according to the last or any future United States census may use the form of condemnation procedure permitted by an Act approved March 13, 1957 (Ga. L. 1957, p. 387) as amended. Condemnation thru special master.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. COMPENSATION OF TAX COLLECTORS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 7,950 AND NOT MORE THAN 8,150 PERSONS. No. 296 (House Bill No. 354). An Act to amend an Act providing that in certain counties, the schedule of commissions enumerated in Code Section 92-5301, as amended, shall apply to the first 80% of the ad valorem net digest collected by the tax receiver; to provide that the tax collectors in all such counties shall be entitled to a commission of 10% on all collections in excess of 80% of the total taxes due, according to the tax net digest approved March 13, 1957 (Ga. L. 1957, p. 3304), so as to change the population and census figures; to provide that the schedule of commissions enumerated in Code Section 92-5301, as amended, shall apply to the first 80% of the ad valorem net digest collected by the tax collector; 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 providing that in certain counties; the schedule of commissions enumerated in Code Section 92-5301, as amended, shall apply to the first 80% of the ad valorem net digest collected by the tax receiver; to provide that the tax collectors in all such counties shall be entitled to a commission of 10% on all collections in excess of 80% of the total taxes due, according to the tax net digest approved March 13, 1957 (Ga. L. 1957, p. 3304), is hereby amended by striking from the title the following: 9,785 and not more than 9,955, according to the 1950 United States Census, and

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substituting in lieu thereof the following: 7,950 and not more than 8,150, according to the 1960 United States Census, and by striking from the said title the words tax receiver where the same appears and inserting in lieu thereof the words tax collector, so that when so amended the title of said Act shall read as follows: An Act to provide that in all counties in this State having a population of not less than 7,950 and not more than 8,150, according to the 1960 United States Census or any future such census, the schedule of commissions enumerated in Code Section 92-5301, as amended, shall apply to the first 80% of the ad valorem net digest collected by the tax collector; to provide that the tax collectors in all such counties shall be entitled to a commission of 10% of all collections in excess of 80% of the total taxes due, according to the tax net digest; to repeal conflicting laws; and for other purposes. Section 2. Said Act is further amended by striking from section 1 the following 9,785 and not more than 9,955, according to the 1950 United States Census, and substituting in lieu thereof the following: 7,950 and not more than 8,150, according to the 1960 United States Census, so that when so amended, section 1 shall read as follows: Section 1. In all counties of this State having a population of not less than 7,950 and not more than 8,150, according to the 1960 United States Census or any future such census, the schedule of commissions allowed to each tax collector by Code Section 92-5301, as amended, shall apply upon the first 80% of the ad valorem net digest collected by the tax collector. On all taxes collected in excess of 80% of the total of taxes due, according to the tax net digest, in all such counties, the tax collector's commission shall be 10% of all such collections in excess of the first 80%. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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CITY OF SANDERSVILLEMAXIMUM FINES IN POLICE COURT. No. 298 (House Bill No. 672). An Act to amend an Act relating to the incorporation of the City of Sandersville approved February 13, 1941 (Ga. L. 1941, p. 692), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 3067), so as to provide for a change in the amount of the maximum fine that may be imposed for violation of a law or ordinance of the City of Sandersville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the incorporation of the City of Sandersville approved February 13, 1941 (Ga. L. 1941, p. 692), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 3067), is hereby amended by striking from section 83 of said Act the words one hundred dollars and inserting in lieu thereof the words three hundred dollars, so that section 83 of said Act, when so amended, shall read as follows: Section 83. Police Court Jurisdiction: Be it further enacted by the authority aforesaid that the presiding officer of the Police Court shall have jurisdiction and authority to try all offenses against the laws and ordinances of said City of Sandersville, and to punish for violation of the same. Said court shall have power to enforce its judgments by the imposition of penalties as may be provided by law; to punish witnesses for non-attendance; and also to punish any person who may compel or advise, encourage or persuade another whose testimony is desired or material in any proceeding in said court, to go or move beyond the jurisdiction of the court. The presiding officer of the Police Court shall have power and authority to impose fines for violations of any law or ordinance of City of Sandersville, passed in accordance with its charter to an amount not to exceed three hundred

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dollars, or to imprison offenders in the City jail or County of Washington jail for a space of not more than ninety days or at labor on streets or other public works of the City of Sandersville for not more than ninety days; the said presiding officer shall have the power and authority to impose any one or more of these punishments, when in the opinion of the court the facts justify it. Said court and said presiding officer shall have power to preserve order, compel the attendance of witnesses, compel the books and papers to be used as evidence and to punish for contempt, provided punishment for contempt shall not exceed twenty-five dollars or imprisonment for not more than ten days in the city prison or labor upon public works for not more than ten days. 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 or Special Bill. Notice is hereby given that application will be made at this session of the General Assembly of Georgia, for the passage of the following Bill: An Act to amend the charter of the City of Sandersville to increase the maximum fine imposed for violation of City Ordinances from $100.00 to $300.00. /s/ F. A. Joiner, Washington County Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Francis A. Joiner, who, on oath, deposes and says that he is Representative from Washington County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress, which is

Page 2869

the official organ of said county, on the following dates: February 9, 16 and 23, 1961. /s/ Francis A. Joiner, Representative, Washington County. Sworn to and subscribed before me, this 21st day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved April 5, 1961. COMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES IN COUNTIES HAVING POPULATION OF NOT LESS THAN 2,700 AND NOT MORE THAN 3,250 PERSONS. No. 299 (House Bill No. 370). An Act to provide for the salary of the commissioner of roads and revenue in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The commissioner of roads and revenue in all counties having a population of not less than 2,700 nor more than 3,250 according to the United States census of 1960, or any future United States census, shall receive a salary of thirty-six hundred ($3,600.00) dollars per annum, to be paid insofar as practicable in equal monthly payments at the end of each calendar month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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WHEELER COUNTYCOMMISSIONER'S SALARY, CLERK AND COUNTY ATTORNEY. No. 300 (House Bill No. 329). An Act to amend an Act creating the office of commissioner of roads and revenues in and for Wheeler County, approved August 7, 1924 (Ga. L. 1924, pp. 378-88) as amended, and particularly as amended by the amendatory Acts of 1939 (Ga. L. 1939, pp. 777-78) and 1952 (Ga. L. 1952, pp. 2356-59) and 1957 (Ga. L. 1957, pp. 3000-02), so as to change the compensation of the commissioner; to provide for a county clerk; to provide for a county attorney; 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: Section 1. An Act creating the office of commissioner of roads and revenues of Wheeler County, approved August 7, 1924 (Ga. L. 1924, pp. 378-88) as amended, and particularly as amended by the amendatory Acts of 1939 (Ga. L. 1939, pp. 777-78) and 1952 (Ga. L. 1952, pp. 2356-59) and 1957 (Ga. L. 1957, pp. 3000-02), be and the same is hereby amended by striking and repealing all of the provisions of section 8, section 11 and section 27 of the original Act of 1924, and the related sections and provisions of the amendatory Acts hereinbefore referred to and described; and substituting in lieu of the repealed provisions and sections the following provisions and section. Section 2. From and after the passage of this Act, the commissioner of roads and revenues of Wheeler County shall be paid from the county treasury the sum of six thousand ($6,000.00) dollars per annum as compensation and salary, and for the other purposes hereinafter provided, the same to be paid in equal weekly, semi-monthly or monthly installments, as the commissioner may fix and determine; and the said annual compensation

Page 2871

shall be retroactive to and effective as of January 1, 1961. Commissioner's salary. Section 3. The said commissioner shall have authority to employ a clerk, to be known as the county clerk, who shall perform such duties and render such services as the commissioner may from time to time prescribe and direct, and the said clerk shall serve at the pleasure of the commissioner or for such term of office as the commissioner may determine and fix. The commissioner may determine and fix the compensation of said clerk, which compensation shall be paid by the commissioner out of the commissioner's salary as hereinbefore provided, and the said clerk's salary or compensation shall not be a debt or charge against Wheeler County. Clerk. Section 4. Recognizing the implied constitutional power of the fiscal authority of every county to employ a county attorney, and pursuant thereto, the aforesaid commissioner is hereby authorized to appoint and employ a competent attorney at law to advise him, and to represent the county and the commissioner in any litigation which may arise in which the county, or the commissioner in his official capacity, is a party. The said county attorney shall serve at the pleasure of the commissioner or for such term of office as the commissioner may determine and fix, and the said county attorney shall render such legal services and perform such official duties as are required of him by the commissioner. The commissioner shall fix the salary, retainer or other compensation of the county attorney, which shall be paid from the treasury of Wheeler County, upon proper bills or vouchers therefor, when approved by the commissioner. County attorney. Section 5. The said commissioner and the said county clerk shall be allowed their reasonable mileage and travel expenses when traveling on county business, or in the public interests of the county, the same to be paid from the county treasury; and the commissioner shall require such statements and proof of such accounts as he may

Page 2872

deem necessary and proper, and issue vouchers or warrants therefor drawn on the county treasurer. The commissioner may employ any other office or outside help as he may, in his sound judgment and discretion, find necessary to conduct the county's affairs and business in an efficient manner, at the expense of the county. Expenses, clerical help. Section 6. Be it further enacted by the authority aforesaid, that all laws and parts of law in conflict with this Act be and the same are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Wheeler County. Notice is hereby given that local legislation will be applied for by introduction of a local Bill in the 1961 regular session of the General Assembly of Georgia, which convenes in January 1961, for the purpose of amending the Act creating the Commissioner of Roads and Revenues in and for Wheeler County (Ga. L. 1924, pp. 378-388, as amended), so as to change the compensation of the commissioner; to provide for a county clerk and a county attorney; and for other purposes. This 7th day of January, 1961. /s/ Mackie Simpson, Representative of Wheeler County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mackie Simpson, who, on oath, deposes and says that he is Representative from Wheeler County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle, which is the official organ of said county, on the following dates: Jan. 13, 20, 27, 1961. /s/ Mackie Simpson, Representative, Wheeler County.

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Sworn to and subscribed before me, this 30th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved April 5, 1961. CITY OF MONROECHARTER AMENDED. No. 301 (House Bill No. 398). An Act to amend an Act entitled An Act to incorporate the City of Monroe, in the County of Walton, and define its limits; to provide for a mayor and council and other officers of said city and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance and for other purposes, approved December 3, 1896 (Ga. L. 1896, p. 212), as amended, particularly by an Act approved August 7, 1916 (Ga. L. 1916, p. 834), and an Act approved August 24, 1931 (Ga. L. 1931, p. 903), so as to provide for the election of a mayor and councilmen; to provide for the procedure conected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the City of Monroe, in the County of Walton, and define its limits; to provide for a mayor and council and other officers of said city and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance and for other purposes, approved December 3, 1896 (Ga. L. 1896, p. 212), as amended, particularly by an Act approved August 7, 1916 (Ga. L. 1916, p. 834), is hereby amended by striking section 3 in its entirety and substituting in lieu thereof the following:

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Section 3. On the first Thursday in December, 1961, and annually thereafter, there shall be an election for the purpose of electing the mayor and filling such vacancies in the council as shall exist due to the expiration of the term for which such councilmen were elected. The elected officers shall take office on January 1 of the year following their election. The term of office of the councilmen shall be for two years, except that in the election held in 1961, one of the councilmen elected from the city at large shall be elected for a term of three years. Thereafter his successors shall be elected to and shall serve for a two-year term. The mayor and councilmen shall serve until the election and qualification of their successors, except that when a vacancy occurs on said board either by death, resignation or otherwise a special election may be called by the remaining members of the Board by giving thirty (30) days notice to be posted at three or more public places, after which time said election shall be held under the same rules and regulations as for a regular election for mayor and councilmen. Elections and terms of mayor and councilmen. For the purpose of electing members of the council, the City of Monroe is divided into four wards to be composed as follows: All that territory embraced in said City of Monroe, lying south of Washington St., and east of Midland Ave., shall be known as Ward No. 1; all the territory south of Washington St., and west of Midland Ave., as Ward No. 2; all the territory north of Washington St., and west of Board St., as Ward No. 3; all the territory east of Broad St., and north of Washington St., as Ward No. 4. One councilman from each of the four wards shall be elected by the qualified voters of each respective ward. The mayor and two councilmen at large shall be elected by the voters of the entire city. Candidates offering for the office of mayor and councilmen shall be qualified voters of said city and shall

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qualify by notifying the city clerk in writing of their intention to seek such vacancies as shall exist in the offices of mayor and councilmen. Each candidate shall specifically designate which vacancy he is seeking to fill. Said notice shall be filed in the office of the clerk twenty-five (25) days prior to the general election for the City of Monroe. Said notices may be received at any time prior to noon of the twenty-fifth (25th) day, and if such qualifying date falls on a Sunday or legal holiday the notice may be received until noon of the following day. Before qualifying with said clerk, an entrance fee shall be paid to the clerk. The entrance fee for the office of mayor shall be $50.00. The entrance fee for councilmen shall be $25.00. Said clerk shall collect all fees and pay them into the treasury of the City of Monroe. 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 1961 session of the General Assembly of Georgia, a Bill to amend the city charter of Monroe, Georgia, so as to provide for the staggering of the city councilmen's terms; to provide a procedure whereby candidates for elective offices shall qualify with the city clerk; and for other purposes. This 9th day of January, 1961. /s/ John L. Phillips, Representative, Walton County. Georgia, Walton County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, Sanders Camp, publisher of The Walton Tribune, who being duly sworn on oath says that the above and foregoing notice of intention to introduce local legislation

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was published in The Walton Tribune, the newspaper in which the sheriff's advertisements for Walton County are published, once a week for three weeks in said paper on January 11th, 1961, January 18th, 1961, and January 25th, 1961. /s/ Sanders Camp. Sworn to and subscribed before me, this 30th day of January, 1961. /s/ Virginia A. Bagwell, Notary Public, Walton County, Ga. (Seal). Approved April 5, 1961. BARROW COUNTYCOMPENSATION OF COUNTY COMMISSIONERS AND CLERK. No. 303 (House Bill No. 697). An Act to amend an Act creating a board of commissioners of roads and revenues for Barrow County approved March 10, 1937 (Ga. L. 1937, p. 1240), as amended particularly by Acts approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess., p. 756), March 25, 1947 (Ga. L. 1947, p. 569), March 9, 1955 (Ga. L. 1955, p. 3360), and February 13, 1956 (Ga. L. 1956, p. 2062), so as to change the compensation of the members of the board and clerk; 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 Barrow County approved March 10, 1937 (Ga. L. 1937, p. 1240), as amended particularly by Acts approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess., p. 756), March 25, 1947 (Ga. L. 1947, p. 569), March 9, 1955 (Ga. L. 1955, p. 3360), and

Page 2877

February 13, 1956 (Ga. L. 1956, p. 2062), is hereby amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 which shall read as follows: Section 11. The chairman of the board shall be compensated in the amount of $3,000.00 per annum, payable in equal monthly installments from the funds of Barrow County, and he shall be on a full time basis and devote himself solely to the duties of his office. The other members of the board shall be compensated in the amount of $75.00 per month, to be paid from the funds of Barrow County, and shall devote the time necessary in assisting the chairman. Commissioners. The said commissioners shall elect a clerk whose duty shall be to keep a full and accurate record of all the actions and doings of the said board of commissioners at the courthouse of said county, and he shall be furnished an exclusive office for that purpose, which records shall be opened for the inspection of the public at all times during office hours and when the said board is not in session, he shall perform such other duties and keep such records as required by law or may be required of him by said board, and for his services he shall receive a sum of not more than two hundred ($200.00) dollars per month, the actual amount to be determined by the board of commissioners, payable monthly by the treasurer of the said county, and with the further provision that the said clerk shall not be a member of the board of commissioners and shall give his entire time to the work of his office. Clerk. Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Barrow County. Notice is hereby given that it is my intention to introduce at the 1961 session of the General Assembly of

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Georgia, a Bill to provide for the increase in salary of the clerk of the board of commissioners of roads and revenues for Barrow County to an amount not to exceed two hundred ($200.00) dollars per month. This 7th day of January, 1961. /s/ James W. Paris, Representative, Barrow County, Georgia. Notice of Intention to Introduce Local Legislation. Georgia, Barrow County. Pursuant to the following Resolution, notice is hereby given that it is my intention to introduce at the 1961 session of the General Assembly of Georgia, a Bill to provide for the increase of salary of the members of the board of commissioners of roads and revenues of Barrow County in accordance with the following Resolution: Resolution. Upon motion by W. L. Hall and seconded by Julian Smith the following Resolution was passed: Be it resolved by the Board of Commissioners of Roads and Revenues of Barrow County (with the Chairman, J. B. Lay, abstaining from voting) that this board authorize and direct the Representative of Barrow County to introduce local legislation in the 1961 session of the General Assembly to provide for the increase of salary of the members of said board from twenty-five ($25.00) dollars per month to one hundred ($100.00) dollars per month. This 18th day of January, 1961. /s/ James W. Paris, Representative, Barrow County, Georgia.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Paris, who, on oath, deposes and says that he is Representative from Barrow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Winder News, which is the official organ of said county, on the following dates: Jan. 11, 1961; Jan. 18, 1961; Jan. 25, 1961 and Feb. 1, 1961. /s/ James W. Paris, Representative, Barrow County. Sworn to and subscribed before me, this 31st day of Jan., 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved April 5, 1961. ACT RELATING TO RECORDING OF PLATS IN COUNTIES HAVING POPULATION OF 200,000 OR MORE REPEALED. No. 304 (House Bill No. 695). An Act to repeal an Act approved August 10, 1921, (Ga. L. 1921, p. 216), entitled: An Act to provide that in counties having a population of 200,000 or more, according to the last United States Census, the recording of plats and subdividing of lands shall be regulated by either the mayor and general council of cities, or the commissioners of roads and revenues, and also prohibiting the subdivisions of land in more than five lots without an accurate map of such subdivision shall

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have been recorded therefor and providing a forfeit for each lot so sold of one hundred dollars in an action to be begun by the solicitor general named for the use of the County and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. That an Act approved August 10, 1921, (Ga. L. 1921, p. 216), entitled: An Act to provide that in counties having a population of 200,000 or more, according to the last United States Census, the recording of plats and the subdividing of lands shall be regulated by either the mayor and general council of the cities, or the commissioners of roads and revenues, and also prohibiting the subdivisions of land in more than five lots without an accurate map of such subdivision shall have been recorded therefor and providing a forfeit for each lot so sold of one hundred dollars in an action to be begun by the solicitor general named for the use of the county and for other purposes, be, and the same is, repealed in its entirety. 1921 Act repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. GROUP LIFE INSURANCE FOR EMPLOYEES OF COUNTIES HAVING POPULATION OF MORE THAN 500,000 PERSONS. No. 305 (House Bill No. 646). An Act to provide in all counties of this State having a population in excess of 500,000 by the federal census of 1960 or any future federal census that the governing authorities of such counties shall be authorized to contract for additional group life insurance sufficient

Page 2881

to provide a maximum of $10,000 on the life of each officer and employee of such counties in such groups and in such classifications as it deems proper; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same as follows: Section 1. In addition to the group life insurance now provided for, the governing authorities of those counties of this state having a population in excess of 500,000 by the Federal Census of 1960 or any future Federal Census are authorized to contract for additional group life insurance sufficient in the aggregate to provide a maximum of $10,000 on the life of each officer and employee of such counties in such groups and in such classifications as said governing authority may deem proper; provided, the payment by the officers and employees shall not exceed seventy (70) cents per thousand dollars on full amount of each policy of insurance a month. The county shall pay the remaining cost of each policy of group insurance. No officer or employee shall be required to take out such additional insurance but the comptroller of such county shall be authorized to deduct contributions of any officer or employee who so elects from the salary and wages of such officer or employee so insured. Maximum insurance. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved April 5, 1961. CITY COURT OF SPRINGFIELDJUDGE'S SALARY. No. 306 (House Bill No. 362). An Act to amend An Act to create the City Court of Springfield, in and for the County of Effingham, in Georgia; to prescribe the powers and duties thereof; to provide for the officers thereof; to provide for the

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compensation of said officers; and for other purposes; approved July 20, 1908 (Ga. L. 1908, pp. 211-227), as amended by an Act approved February 19, 1951 (Ga. L. 1951, pp. 2563-2566), so as to increase the salary of the judge of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, section 2 of an Act entitled An Act to create the City Court of Springfield, in and for the County of Effingham, in Georgia; to prescribe the powers and duties thereof; to provide for the officers thereof; to provide for the compensation of said officers, and for other purposes, approved July 20, 1908 (Ga. L. 1908, pp. 211-227), as amended by an Act approved February 19, 1951 (Ga. L. 1951, pp. 2563-2566), be and the same is hereby amended by striking from said section 2 of said Act as amended, the words fifteen hundred dollars ($1500.00) where they occur after the words receive the salary of, in the 25th line of said section, and insert in lieu thereof, the words twenty one hundred dollars ($2100.00) so that said section as amended, shall read as follows: Section 2. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court who shall be appointed by the Governor, by and with the advice and consent, of the Senate, who shall hold his office until January first 1911; after which date, except in case of a vacancy, the judge of said court shall hold said office by virtue of his election by the qualified voters of the County of Effingham, and shall hold his office for the term of four years, beginning January the First 1911, and shall be elected every four years in the following manner; At the general election for county officers in the year 1910, and every four years thereafter, the qualified voters of Effingham County shall elect a judge of said city court who shall hold said office for four years from the

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first day of January 1911; the judge of said city court to be elected under the laws, rules and regulations governing the election of the Ordinary of Effingham County, shall be elected every four years, in the same manner as ordinaries. Any vacancy in said office shall be filled by appointment of the Governor until the next general election, when a judge shall be elected to fill said unexpired term. The judge of the said city court shall receive a salary of twenty one hundred dollars ($2,100.00) per year, which shall be paid monthly by the treasurer of the County of Effingham, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any other court except his own. Section 2. That a copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are 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 3. That all laws and parts of laws in conflict with this Act be and the same are hereby expressly repealed. State of Georgia, County of Effingham. Before me, the undersigned attesting officer, personally appeared W. O. Lee, who being duly sworn, on oath says that the Springfield Herald is a newspaper having a general circulation in said County, published weekely, therein; that it is the official organ of Effingham County; and that he is editor thereof. He further swears that the clipping attached hereto is from an advertisement which was

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run in said paper in issues of the following dates: Dec. 23, Dec. 30, 1960, and Jan. 6, 1961. /s/ W. O. Lee. Sworn to and subscribed before me this 20th day of January, 1961. /s/ Myrtice G. Dotson, Notary Public, Effingham County, Ga. Notice of Special Legislation. Georgia, Effingham County. Notice is hereby given that the undersigned, member of the General Assembly of the State of Georgia, will introduce a bill in the General Assembly of Georgia convening in regular session in January, 1961, to amend An Act to establish the City Court of Springfield, approved July 20, 1908, and all Acts amendatory thereto, providing for an increase in the salary for the Judge of the City Court of Springfield. This notice is given in pursuance of the laws of Georgia. This 19th day of December, 1960. /s/ B. F. Arnsdorff, Member of the General Assembly of the State of Georgia. Notice of Special Legislation. Georgia, Effingham County. Notice is hereby given that the undersigned, member of the General Assembly of the State of Georgia, will introduce a bill in the General Assembly of Georgia convening in regular session in January, 1961, to amend An Act to establish the City Court of Springfield, approved July 20, 1908, and all Acts amendatory thereto, providing for

Page 2885

an increase in the salary for the Judge of the City Court of Springfield. This notice is given in pursuance of the laws of Georgia. This 19th., day of December, 1960. /s/ B. F. Arnsdorff, Member of the General Assembly of the State of Georgia. Approved April 5, 1961. ACT PROVIDING FOR PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS OF CITIES OF MORE THAN 150,000 POPULATIONAMENDED. No. 307 (House Bill No. 399). 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, by providing that any officer or employee of the police departments of such cities who has applied for and been granted a service pension shall be eligible for reemployment or re-appointment to any position in the government of such cities, under certain conditions provided by this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended by adding thereto the following:

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Section 1. Any officer or employee of the police departments of such cities who has applied for and been granted a service pension shall be eligible for re-employment or re-appointment to any position in the government of such cities, provided such person has not reached the age of 70 years, such re-employment in any position to terminate at the end of the year in which such person reaches age 70. Such re-employment shall be made under the provisions relating to re-employment of former employees as now provided by law or ordinance, except that such re-employed person shall not acquire any civil service rights or any further pension rights during such period of re-employment, shall not be paid a pension during such period, and shall not be required to make any contribution to the pension fund during such period of re-employment. The payment of his pension shall be resumed as of the date of termination of such period of re-employment. No such re-employment shall be effective until the person to be re-employed under the provisions of this section shall execute and deliver to the comptroller of any such cities a contract agreeing to the conditions hereof. Re-employment. Section 2. Nothing herein contained shall prevent any retired officer or employee of the police departments of such cities from holding any position which is filled by an election by the people. No such retired person, however, who shall be elected by the people to any such officer shall receive a pension during the time that he holds such elective office, and no additional pension or civil service rights or privileges shall accrue to such officer or employee during such period. Section 3. The provisions of this Act as amended shall not in any way affect or restrict the rights, powers and privileges of an emeritus officer of such cities who now or shall hereafter hold an emeritus office pursuant to the provisions of any law or ordinance establishing same. Emeritus officers. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961.

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TOWN OF TY TYCHARTER AMENDED. No. 308 (House Bill No. 342). An Act to amend an Act entitled An Act to incorporate the Town of Ty Ty, in the County of Tift approved August 21, 1906 (Ga. L. 1906, p. 1092), as amended, so as to change the term of office of the mayor and council from two (2) to four (4) years; to create specific posts for members of the council; to change the hours of holding elections; to change the qualifications of voters; to provide for registration of voters; to change the method of filling vacancies of either the mayor or members of the council; to change the method of advertising of marshal's sales; to provide a penalty for failure to make tax returns; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to incorporate the Town of Ty Ty approved August 21, 1906 (Ga. L. 1906, p. 1092), as amended, is hereby amended by striking section 4 of said Act in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. Be it further enacted. That all elections held under this charter for the election of a mayor and five (5) councilmen as provided in said original Act shall be held biennially on the first Tuesday in November; that on the first Tuesday in November, 1961, an election shall be held for the election of the successors of the present mayor and councilmen, and biennially thereafter on the same date there shall be held in said Town of Ty Ty an election for the said officers, who shall hold their offices for the term of four (4) years and until their successors are elected and qualified. The five (5) councilmen of the Town of Ty Ty are hereby designated and are hereafter to be known as Councilman Post Number 1, Councilman Post Number 2, Councilman Post Number 3, Councilman Post Number 4, Councilman Post Number 5. Each person desiring a Councilman post and running in an election for

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same shall specifically designate which particular councilman post he or she is seeking. Those persons elected to Councilman Post Number 1, Councilman Post Number 3 and Councilman Post Number 5 in said election on the first Tuesday in November, 1961 shall hold their offices for two (2) years and until their successors are elected and qualified but thereafter those persons elected to said offices shall hold them for four (4) years and until their successors are elected and qualified. At such elections all persons who register with the clerk of the Town of Ty Ty as hereinafter required shall be qualified to vote. Elections of mayor and councilmen. Section 2. Said Act is further amended by striking therefrom section 5 in its entirety and substituting in lieu thereof a new section 5 which shall read as follows: Section 5. Be it further enacted, that such elections shall be conducted under the management of a justice of the peace and two free holders who are not candidates in said elections, or any three free holders who are not candidates in said elections may hold the same. Said managers shall conduct elections as nearly as possible as elections for members of the General Assembly are conducted. The polls at such elections shall open at 7 o'clock a.m. and close at 7 o'clock p.m. The mayor and town council may appoint biennially any two free holders and a justice of the peace, or any three free holders who are not candidates in said elections and are electors of said town to conduct said elections. The managers each before proceeding with the elections shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being free holders, or a justice of the peace to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he or she is justly entitled to do so and we will not knowingly prohibit any one from voting who is entitled to do so; 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 by each manager in the presence of the others. The managers

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of said elections shall issue a certificate of election to each of the persons so elected not later than three days after the elections, which shall be recorded on the records of said town; said certificate shall be sufficient authority to the persons so elected to enter upon the discharge of their duties, after qualification hereinafter provided. Elections. Section 3. Said Act is further amended by striking therefrom the original section 6 in its entirety of the Act approved August 21, 1906 and substituting in lieu thereof a new section 6 which shall read as follows: Section 6. In the event the office of the mayor shall become vacant for any cause the mayor pro tem. shall fill and hold the office of mayor until the next regular biennial election at which time an election shall be held to fill such office for either the remaining two (2) years of the term of the person vacating such office of mayor or for the next four (4) years should the term of the person vacating such office have expired at the end of the year in which said election is held. In the event the office of any councilman shall become vacant for any cause, the mayor and remaining councilmen shall appoint a qualified person to fill and hold such office of councilman until the next regular biennial election at which time an election shall be held to such office for either the remaining two (2) years of the term of the person vacating such office of councilman or for the next four (4) years should the term of the person vacating such office have expired at the end of the year in which said election is held. Vacancies. Section 4. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. It shall be the duty of the clerk, upon the first day immediately following any election in said town, to open a registration book for the registration of qualified voters of said town. Said book shall be kept open each and every day during office hours of said clerk (Sundays and legal holidays excluded), until twenty days

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prior to any regular election of said town, when said registration book shall be closed, and after which no person shall be allowed to register his or her name on said book until said book shall be again opened following such election. It shall be the duty of the clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the town, and who upon the day of the election, if then a resident, will have resided in said town for 60 days prior thereto, to allow such person to register his or her name, and color, recording on said book besides the applicant's name, his age, occupation, or business. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant administer the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in the State of Georgia twelve (12) months and in Tift County six (6) months; that you have resided in the town of Ty Ty 60 days next preceding this registration, or that by the date of the next town election, if you are still a resident of the town, you will have fulfilled this condition; that it is your intention to remain a resident of this town until the date of the next town election, that you are eighteen years old; that you have paid all taxes due the Town of Ty Ty, except taxes for this year, and that you have made all returns required of you by the ordinances of this town, so help you God. It shall be the duty of the clerk to have printed or written the above oath on the front page of said registration book which shall be designated Permanent Registration Book for voters of the Town of Ty Ty and to require the applicant for registration to swear to said oath and sign his or her name thereto. No person registering as aforesaid following the approval of this Act shall be required to again register to vote so long as he or she remains a resident of the Town of Ty Ty, and does not disqualify himself or herself by nonpayment of taxes or otherwise, it being the purpose of this Section to provide a permanent system of voter registration. Voter registration.

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Section 5. Said Act is further amended by striking therefrom section 9 in its entirety and also by striking section 2 of an amendment to said Act which was approved on August 9, 1909 (Ga. L. 1909), in its entirety and substituting in lieu of the said two sections a new section 9 which shall read as follows: Section 9. It shall be the duty of the marshal of said town to levy all executions in favor of said town, and to sell the property levied upon after posting notice of such levy both on the property and on the building in said town of Ty Ty where the elections provided for herein are held. Such marshal's sales shall be held only on the first Tuesday of the month in which the property is sold and such notices of levy shall be posted as aforesaid at least four (4) weeks prior to such sales. Executions. Section 6. Said Act is further amended by striking therefrom section 15 in its entirety and substituting in lieu thereof a new section 15 which shall read as follows: Section 15. For the purpose of raising revenue for the support and maintenance of the town government, the mayor and town council of Ty Ty shall have full power and authority and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on real and personal property within the corporate limits of said town to defray annual expenses, said tax not to exceed three per cent and shall also have the right to supervise and revise the returns of both real and personal property. Any property owner failing to make a return of his property on or before June 30th of each year shall have ten per cent (10%) of his property town taxes added to his property tax as a penalty for failing to make a return. Taxation. Section 7. Said Act is further amended by striking and deleting therefrom sections 11, 18, 32, 33, 34, 35, and 36. Sections repealed. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that the Town of Ty Ty intends to apply at the 1961 session of the General Assembly of Georgia for the passage of a bill to amend the charter of the Town of Ty Ty in order to change the term of office of the mayor and council from two (2) to four (4) years; to create specific posts for members of the council; to change the hours of holding elections; to change the qualifications of voters; to provide for a voters registration book; to change the method of filling vacancies of either the mayor or members of the council; to change the method of advertising of marshal's sales; to provide a penalty for failure to make tax returns and for other purposes. Mayor and Council of the Town of Ty Ty, Georgia. By: Seymour S. Owens, Attorney for the Town of Ty Ty. Georgia, Tift County. Personally appeared before the undersigned attesting officer, Homer M. Rankin, who on oath, deposes and says that he is the Editor of The Tifton Gazette, the official organ of Tift County, Georgia and that the attached and foregoing notice of intention to apply for local legislation was published in said newspaper on the following dates: January 5, 12, 19, 1961. /s/ Homer M. Rankin. Sworn to and subscribed before me this 24th day of January, 1961. /s/ Mrs. L. B. Dover, Notary Public, Georgia, State at Large. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the Town of Ty Ty intends to apply at the 1961 session of the General Assembly of

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Georgia for the passage of a bill to amend the charter of the Town of Ty Ty in order to change the term of office of the mayor and council from two (2) to four (4) years; to create specific posts for members of the council; to change the hours of holding elections; to change the qualifications of voters; to provide for a voters registration book; to change the method of filling vacancies of either the mayor or members of the council; to change the method of advertising of marshal's sales; to provide a penalty for failure to make tax returns; and for other purposes. Mayor and Council of the Town of Ty Ty, Georgia. By: Seymour S. Owens, Attorney for the Town of Ty Ty. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Leonard Morris, who, on oath, deposes and says that he is Representative from Tift County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tifton Gazette, which is the official organ of said county, on the following dates: Jan. 5, 12, 19, 1961. /s/ Leonard Morris. Representative, Tift County. Sworn to and subscribed before me this 31st day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved April 5, 1961.

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EFFINGHAM COUNTYTREASURER'S SALARY. No. 309 (House Bill No. 379). An Act to amend an Act relating to the creation of the office of county treasurer for Effingham County, approved August 3, 1925 (Ga. L. 1925, p. 634), as amended particularly by an Act approved February 13, 1952 (Ga. L. 1952, p. 2527), so as to provide for a change in the annual compensation of the county treasurer of Effingham County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the creation of the office of county treasurer for Effingham County, approved August 3, 1925 (Ga. L. 1925, p. 634), as amended particularly by an Act approved February 13, 1952 (Ga. L. 1952, p. 2527), is hereby amended by striking from section 5 of said Act the figure $1500.00, and substituting in lieu thereof the figure $1800.00, so that said section when so amended, shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that said county treasurer shall take a bond in a security or bonding company and the premiums on said bond shall be paid by the board of commissioners of roads and revenues of said county, and said county treasurer shall receive a salary of $1800.00 per annum for his services, which shall be paid monthly upon a warrant drawn by said board of commissioners of roads and revenues of said county, and they shall furnish said office with well bound books and all other things and fixtures that may be necessary in the proper conduct of said office. Section 2. All laws and parts of laws in conflict with this act are hereby repealed. State of Georgia, County of Effingham. Before me, the undersigned attesting officer, personally appeared W. O. Lee, who being duly sworn, on oath

Page 2895

says that the Springfield Herald is a newspaper having a general circulation in said county, published weekly, therein; that it is the official organ of Effingham County; and that he is editor thereof. He further swears that the clipping attached hereto is from an advertisement which was run in said paper in issues of the following dates: Jan. 6, Jan. 13, and Jan. 20, 1961. /s/ William O. Lee. Sworn to and subscribed before me this 20th day of January, 1961. /s/ Myrtice G. Dotson, Notary Public, Effingham County, Ga. (Seal). State of Georgia, Effingham County. Notice of Local Legislation. Notice is given that the undersigned, member of the General Assembly of the State of Georgia, will introduce a bill in the General Assembly of Georgia convening in regular session in January, 1961, to amend An Act creating the office of treasurer of Effingham County, approved in the year 1925 and all Acts amendatory thereto providing for an increase in the compensation for the treasurer of Effingham County. This notice is given in conformity with the laws of the State of Georgia governing the enactment of Local Legislation. This 30th day of December, 1960. /s/ B. F. Arnsdorff, Member of the General Assembly of Georgia. Approved April 5, 1961.

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CITY OF ROSSVILLECORPORATE LIMITS. No. 312 (House Bill No. 613). An Act to amend the charter of the City of Rossville, Georgia, as enacted by Georgia Laws 1905, page 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 property be, and the same are, hereby annexed to the city limits of Rossville, Georgia. All that tract or parcel of land lying and being in original land lots nos. 27, 28, 45, and 46 in the ninth (9th) district and fourth (4th) section of Walker County, Georgia, and being more particularly described as follows: Beginning at a point on the west line of South Mission Ridge Drive, said point marking the intersection of said drive with the present corporate limits of the City of Rossville, said line also being the line dividing the property of E. L. Gentry from lot no. 1, block 1, first unit, South Mission Ridge Development Company property, as shown by plat dated June 18, 1957, prepared by Betts Engineering Company, now of record in the office of the clerk of the superior court of Walker County, Georgia; thence along and with said corporate limits in a westerly direction, a distance of 175 feet, more or less, to the north-west corner of the aforesaid lot no. 1; thence in a southerly direction along with the west line of lots nos. 1 through 7, inclusive, block 1, and along the west lines of lots 1 through 5, inclusive, block 3, first unit, South Mission Ridge Development Company property to the line dividing lot no. 5, block 3 of the aforesaid subdivision from lot no. 1, block 1, South Mission Ridge Realty Company subdivision, as shown by plat dated September 6, 1960, prepared by Betts Engineering Company, said point also marking the northwest corner of the aforesaid lot no. 1, block 1; thence along and with the west lines of

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lots 1 through 22, inclusive, block 1, South Mission Ridge Realty Company subdivision to the southwest corner of the aforesaid lot no. 22, block 1, which point is on the north line of the Leinbach property; thence in an easterly direction along the line dividing the property of the aforesaid South Mission Ridge Realty Company from the property of said Leinbach to a point where said south line of the South Mission Ridge Realty Company property intersects the west line of Hogan Road; thence in a northerly direction, along and with the meanderings of the west line of Hogan Road to the point where said west line intersects with the west line of the Old Carline right-of-way, said point of intersection being opposite the property now occupied by Joe Tuell's Grocery Store; thence along and with the west line of the aforesaid Old Carline right-of-way in a northerly direction to the point where said Old Carline intersects with the present corporate limits of the City of Rossville, which point marks the extension of the south line of lot no. 33, block 2, South Mission Ridge addition no. 2, as shown by plat, dated February 23, 1954, prepared by Betts Engineering Company; thence in an easterly direction, along the extension of the aforesaid lot no. 33 to a point on the east line of Hogan Road; thence along and with the east line of Hogan Road, in a northerly direction to its intersection with the present corporate limits of the City of Rossville; thence in a westerly direction along said corporate limits to the point where same intersects with South Mission Ridge Drive, as shown on the aforesaid plat of South Mission Ridge addition no. 2; thence in a southerly direction, along and with said drive to the extension of the south line of the aforesaid lot no. 33, block 2, which line is the present corporate limits of the City of Rossville; thence in a westerly direction along and with the present corporate limits of the City of Rossville to the point of beginning. Section 2. All laws, or parts of laws, in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1961 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, pages 1114, et seq., and any acts amendatory thereof, to change and enlarge the corporate limits of the City of Rossville, Georgia, and for other purposes. This 16th day of January, 1961. /s/ J. M. Bryan, Mayor, City of Rossville, Georgia. Georgia, Walker County. Personally appeared before me, the undersigned authority duly authorized by law to administer oaths, E. P. Hall, who, on oath, certifies and says that he is the publisher of the Walker County Messenger, the newspaper in which sheriff's advertisements for said County are published, and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit: January 18 and 25, and February 1, 1961. /s/ E. P. Hall, Publisher, Walker County Messenger. Sworn to and subscribed before me this 6th day of February, 1961. /s/ Betty Lou Hall, Notary Public. My commission expires July 31, 1964. (Seal). Approved April 5, 1961.

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CHATHAM COUNTY METROPOLITAN PLANNING COMMISSIONTERMS OF MEMBERS. No. 314 (House Bill No. 115). An Act to amend an Act establishing a metropolitan planning district for Chatham County, approved March 3, 1955 (Ga. L. 1955, p. 2535), so as to provide for limitations on service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a metropolitan planning district for Chatham County, approved March 3, 1955 (Ga. L. 1955, p. 2535), is hereby amended by adding at the end of section 2 of Article II of said Act the following language: No member shall serve more than two (2) terms of three (3) years each and in no event shall any member serve more than a total of six (6) years. so that when so amended section 2 of Article II shall read as follows: Section 2. Six of the members of the commission shall be appointed by the board of commissioners of Chatham County, and one of the six members so appointed shall be from the membership of the Savannah District Authority. Of the six members so appointed, two shall be appointed for terms of one year; two for terms of two years; and two for terms of three years. Their successors shall be appointed by the Chatham County commissioners for terms of three years. No member shall serve more than two (2) terms of three (3) years each and in no event shall any member serve more than a total of six (6) years. Section 2. Said Act is further amended by adding at the end of section 3 of Article II thereof the following language:

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No member shall serve more than two (2) terms of three (3) years each and in no event shall any member serve more than a total of six (6) years. so that section 3 of Article II, when so amended, shall read as follows: Section 3. Six of the members of the commission shall be appointed by the mayor and aldermen of the City of Savannah, and one of the members so appointed shall be from the membership of the Savannah District Authority. Of the six members so appointed, two shall be appointed for terms of one year; two for terms of two years; and two for terms of three years. Their successors shall be appointed by the mayor and aldermen of the City of Savannah for terms of three years. No member shall serve more than two (2) terms of three (3) years each and in no event shall any member serve more than a total of six (6) years. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Sophia Herrell, Secretary, Savannah News-Press, Inc., who on oath deposes and says that 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, that the following: State of Georgia, Chatham County. Notice is hereby given of intention to introduce legislation at the 1961 session of the General Assembly of Georgia relative to the following matters: (a) Legislation affecting the charter of the mayor and

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aldermen of the City of Savannah with respect to its territorial boundaries. (b) Legislation affecting the mayor and aldermen of the City of Savannah and the commissioners of Chatham County with respect to the creation of a commission to study the governmental functions of said city and county and to make recommendations relative thereto. (c) Legislation affecting the charter of the mayor and aldermen of the City of Savannah and the commissioners of Chatham County with regard to their police forces, the consolidation of same and the creation of a metropolitan police force and a metropolitan police commission. (d) Legislation affecting the recorder's court of the City of Savannah, and the recorder's court of Chatham County, by providing for a consolidation of the same and the creating of a Savannah Metropolitan Recorders Court. (e) Legislation affecting the civil service system of Chatham County by providing for a referendum by the employees covered by such civil service as to whether or not said civil service shall be continued or discontinued. (f) Legislation affecting the salaries of the judges of the Municipal Court of Savannah, the clerk of the Municipal Court of Savannah, the judge of the City Court of Savannah and the coroner of Chatham County. (g) Other legislation affecting the charter of the mayor and aldermen of the City of Savannah and the commissioners of Chatham County. (h) Legislation affecting the Metropolitan Planning Commission of the City of Savannah and the County of Chatham, relative to the terms of office of the members thereof. (i) Legislation affecting the Savannah District Authority, relative to the terms of office of the members thereof. /s/ Ralph L. Crawford. /s/ Grady Dickey.

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has been published in said Savannah Evening Press once a week for 3 weeks, to-wit in the regular issues of December 24, 31, 1960, and January 7, 1961. /s/ Sophia Herrell. Sworn to and subscribed before me this 13th day of January, 1961. /s/ Robbie Jo Miller, Notary Public, Chatham County, Ga. My commission expires March 24, 1964. (Seal). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Ralph L. Crawford, 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 News-Press, Inc., which is the official organ of said county, on the following dates: Dec. 24 and 31, 1960 and Jan. 7, 1961. /s/ Ralph L. Crawford, Representative, Chatham County. Sworn to and subscribed before me this 16th day of January, 1961. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My commission expires Oct. 19, 1964. (Seal). Approved April 5, 1961.

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PULASKI COUNTYCOMMISSIONER'S SALARY. No. 315 (House Bill No. 212). 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 August 7, 1924 (Ga. L. 1924, p. 363), an Act approved March 26, 1947 (Ga. L. 1947, p. 781), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3012), so as to change the compensation of the commissioner of roads and revenues of said 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 commissioners of roads and revenues of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended, particularly by an Act approved August 7, 1924 (Ga. L. 1924, p. 363), an Act approved March 26, 1947 (Ga. L. 1947, p. 781), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3012), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. Be it further enacted by the authority aforesaid, that said commissioner shall receive a salary of six thousand ($6,000.00) dollars per annum to be paid out of the county treasury monthly at the end of each month's service. Said commissioner shall be required to give his undivided attention and his time to the duties of said office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of

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Georgia a bill to change the compensation of the commissioner of roads and revenues of Pulaski County, Georgia, and for other purposes. This 27th day of December, 1960. /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. 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: Dec. 28, 1960 and Jan. 4 and 11, 1961. /s/ Robert C. Massee, Representative, Pulaski County. Sworn to and subscribed before me this 23 day of January, 1961. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My commission expires Oct. 6, 1961. (Seal). Approved April 5, 1961.

Page 2905

CITY OF EAST ELLIJAYTAX RATE. No. 317 (House Bill No. 209). An Act to amend an Act relating to the incorporation of the City of East Ellijay, approved March 27, 1941 (Ga. L. 1941, p. 1367), as amended, particularly by an Act approved March 7, 1955 (Ga. L. 1955, p. 2901), so as to provide for a change in the rate of taxation upon all real and personal property within the 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 relating to the incorporation of the City of East Ellijay, approved March 27, 1941 (Ga. L. 1941, p. 1367), as amended, particularly by an Act approved March 7, 1955 (Ga. L. 1955, p. 2901), is hereby amended by striking from the first paragraph of section 36 of said Act the words one-half of one per centum and the words one per centum and inserting in lieu thereof the words one per centum and the words one and one-half per centum respectively, so that the first paragraph of section 36, when so amended, shall read as follows: Section 36. Said city of East Ellijay shall have the right, power and authority to assess, levy and collect the tax upon all property, real and personal, within the limits of the city, not to exceed one per centum ad valorem except in case of extraordinary emergency the mayor and council may by ordinance increase said tax rate to one and one-half per centum, to levy and collect a specific or occupation tax upon all business occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper, and upon franchises; to fix and collect a license upon theatrical exhibitions, circuses and shows of all kinds, on drays, hacks, automobiles used as taxi cabs and trucks for hire, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kind of tables, ten pin alleys, and similar devices,

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butcher shops, livery stables, auctioneers, and upon all other classes or kind of business, legitimately coming within the police power of the city, as may be just and reasonable and to fix and collect a specific or occupation tax on the agency of any railroad, express, telegraph, telephone, electric light company or bus line agencies or other similar corporations. The taxing power of the city except as limited by law shall be as general, complete and full as that of the State itself. 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 a bill will be introduced in 1961 General Assembly for the following purposes: A bill to be entitled an act to amend the charter of the City of East Ellijay so as to authorize an increase in the tax to be levied by said city, and for other purposes. This the 16 day of December, 1960. /s/ Charles E. Waters, Senator, 41st District. /s/ P. T. McCutchen, Representative, Gilmer County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, P. T. McCutchen, who, on oath, deposes and says that he is Representative from Gilmer County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Courier, which is the official organ of said county, on the following dates: Dec. 22, 29, 1960, and Jan. 4, 1961. /s/ P. T. McCutchen, Representative, Gilmer County.

Page 2907

Sworn to and subscribed before me this 23rd day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved April 5, 1961. CITY OF THOMASTONCHARTER AMENDED. No. 318 (House Bill No. 374). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, pp. 1070, et seq.) as amended, so as to change and increase the punishment limits of the mayor's court of the City of Thomaston and so as to change the hours during which the polls for all elections held in and for said city shall be open and when they shall be closed and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly of Georgia, approved March 15, 1933 (Ga. L. 1933, pp. 1070, et seq.) entitled, An Act to amend, consolidate, and supersede the several acts incorporating the City of Thomaston in the County of Upson, State of Georgia, to create a new charter and municipal government of said city; to define the corporate limits of said city, etc. as amended, be, and the same is hereby, amended by striking therefrom in its entirety all of paragraph (d) of section 21 of said Act as amended, and substituting in lieu thereof a new paragraph (d) of section 21 of said Act as amended, to read as follows: Upon the conviction of any defendant of violation of

Page 2908

any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding $500.00 and to imprisonment in the city prison or in the jail of Upson County and to work and labor on the streets or public works of said city, whether within or without the corporate limits, not exceeding six months, and to impose both a fine and sentence of imprisonment and labor, and all sentences may be in the alternative and fines may be imposed with the alternative of sentence to imprisonment and labor in the event the fines are not paid. Said court shall have the 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 city tax executions are enforced. Punishment in mayor's court. Section 2. That the Act of the General Assembly of Georgia approved March 15, 1933 (Ga. L. 1933, pp. 1070, et seq.) entitled, An Act to amend, consolidate, and supersede the several acts incorporating the City of Thomaston in the County of Upson, State of Georgia, to create a new charter and municipal government of said city; to define the corporate limits of said city, etc. as amended, be, and the same is hereby, amended by striking therefrom in its entirety all of Section 9. of said Act, and substituting in lieu thereof a new section 9. thereof, to read as follows, to-wit: Section 9. Be it further enacted, that all elections held in and for said city under the provisions of this Act and all elections in which any subject or question is submitted to the qualified voters of said city, shall be superintended and managed by a justice of the peace or other judicial officer and two freeholders, or by three freeholders, residents of said city; and before entering on their duties as managers they shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election: that we are justices of the peace or other judicial officers, or freeholders

Page 2909

(as the case may be); that we will make a just and true return thereof, and we will not knowingly permit any one to vote in this election unless we believe he is entitled to vote according to the laws of said city, nor will we knowingly prohibit any one from voting who is by law entitled to vote; said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any officer qualified to administer oaths, or the managers may swear each other. The polls to all elections held in and for said city shall be open from 7 o'clock a.m. until 7 o'clock p.m., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the result. They shall keep two lists of voters and two tally-sheets, and shall make a certificate of the result on each tally-sheet; and they shall place one of said lists of voters and one of said tally-sheets, together with the ballots, in an envelope or box, and seal the same, and deposit them with the clerk of the superior court of Upson County. The other list of voters and tally-sheet shall be filed by the managers with the city council of said city, who shall meet within five days after said election is held, and declare the result thereof. The clerk of said superior court and the city clerk, after the expiration of sixty days from the time of said election, shall destroy said list of voters and ballots without inspection, provided no contest be filed or pending. The mayor and city council of said city are authorized and empowered to adopt such further reasonable rules for the conduct of city elections as they may deem proper. Elections. Section 3. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Copy of Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia a bill to amend the Act creating a new charter for the City of Thomaston approved March 15, 1933 (Ga.

Page 2910

L. 1933, p. 1070 et seq.) as amended so as to increase the punishment limits of the mayor's court of the City of Thomaston to a fine not exceeding $500.00 and sentence to imprisonment in the city prison or in the jail of Upson County and to work and labor on the city streets or public works of said city, not exceeding 6 months, and to impose both a fine or sentence of imprisonment and labor, and such sentence may be in the alternative, and such fine may be imposed with the alternative of sentence in the event the fine is not paid; and so as to change the hours during which the polls for all elections held in and for said city so that said polls shall be open for all such elections from 7 o'clock a.m. until 7 o'clock p.m. when they shall be closed; and for other purposes. This 7th day of January, 1961. /s/ Johnnie L. Caldwell, Representative, Upson County, Ga. /s/ Talmage B. Echols, Representative, Upson County, Ga. Georgia, Upson County. Before me, the undersigned officer authorized to administer oaths, personally appeared Leon Smith, who on oath says that he is the duly authorized agent of Thomaston Publishing Company, the publisher of The Thomaston Times, a newspaper published in the City of Thomaston, Upson County, Georgia, being of general circulation and being the newspaper in which sheriff's advertisements for Upson County, Georgia are published, who certifies that legal notice, a true copy of which is hereto attached, being a notice of intention to apply for local legislation, was duly published in The Thomaston Times once a week for three (3) weeks as required by law, said dates of publication being January 12, 1961, January 19, 1961, and January 26, 1961. Thomaston Publishing Co. by: Leon Smith.

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Sworn to and subscribed before me, this 27th day of January, 1961. /s/ Dickson Adams, Notary Public, Upson County, Ga. My commission expires March 22, 1962. (Seal). Approved April 5, 1961. USE OF PRE-PREPARED TAX RETURNS IN COUNTIES HAVING POPULATION OF 400,000 OR MORE PERSONS. No. 319 (House Bill No. 645). An Act to make the execution of tax returns by the tax-payers optional with the tax commissioner or tax receiver for the city and county in those counties of the State in which is located such city in whole or in part having a population of 400,000 or more according to the Federal Census of 1960 or any future federal census and which has a joint city-county board of Tax Assessors, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same: Section 1. The requirement of the execution of annual tax returns by the taxpayer shall be optional with the tax commissioner or tax receiver for the city and/or county in those counties of the state in which is located a city in whole or in part having a population of 400,000 or more by the Federal Census of 1960 or any future Federal Census. Optional. Section 2. In the event that the tax commissioner or tax receiver of such county does not require annual tax returns of property by the taxpayers of such city or county, notice of such procedure shall be given by publication

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at least four times in separate weeks during the month of December of the year prior to which such option is to be exercised. Notice. Section 3. The pre-prepared tax returns of the taxpayer, including his personal property and the award of his homestead exemption may be tabulated and carried forward annually by the tax commissioner or tax receiver of such city and county without further action on the part of the taxpayer as long as the condition of ownership and occupancy remain the same or until changed as hereinafter provided. Changes. Section 4. In making assessments or amending pre-prepared tax returns resulting from the sale or transfer or reappraisal of property, the joint city-county board of tax assessors of such city and/or county shall notify the grantee or grantor of the action taken in making the assessment or correcting the pre-prepared tax returns of their respective properties. Changes by assessors. Section 5. The joint city-county board of tax assessors in such cities and/or counties in those cases where the taxpayer resides in property other than that which he owns shall include the value of his household and kitchen furniture in his pre-prepared tax return, its value shall be fixed and determined by the joint city-county board of tax assessors by rules and regulations promulgated by it as is now provided for by law. Returns. Section 6. The taxpayer shall be notified as is now provided for by law of any change in the value of his property and shall have the same remedies available for his use in that connection as are now provided. Remedies of taxpayers. Section 7. In all instances where the value of the taxpayer's automobile is the schedule value adopted and authorized by the Revenue Commissioner of the State of Georgia, no notice shall be necessary to the taxpayer of the use of such value on his pre-prepared tax return provided, however, that the information obtained by the tax

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assessors as to the ownership, make, model and year model of the motor vehicle shall have been obtained from the license tag application previously executed by the said taxpayer. Motor vehicles. Section 8. It is not the intention of this act to repeal any powers or authority that the tax commissioner or tax receiver, as the case may be, or that the joint city-county boards of tax assessors now have in such counties but to supplement their authority as indicated. Intent. Section 9. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved April 5, 1961. FRANKLIN COUNTYSHERIFF'S BOND. No. 320 (House Bill No. 637). An Act to repeal an Act relating to the amount of the bond of the sheriff of Franklin County, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 818); to provide that the bond shall be as prescribed by general law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the amount of the bond of the sheriff of Franklin County, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 818), is hereby repealed in its entirety. 1937 Act repealed. Section 2. The bond of the Sheriff of Franklin County shall be as prescribed by general law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Franklin County. Personally appeared before me, the undersigned attesting

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officer, duly authorized to administer oaths, Parker Purcell, who, on oath, deposes and says that he is Representative from Franklin County, Georgia, 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 19, 1961, January 26, 1961, and February 2, 1961. /s/ Parker Purcell. Sworn to and subscribed to before me this 18th day of February, 1961. /s/ Andrew J. Hill, Jr., Notary Public. My commission expires January 10, 1962. (Seal). Legal Advertisement. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of Georgia, a bill to provide for the amount of bond required of the sheriff of Franklin County, Georgia; and for other purposes. This the 14th day of January, 1961. /s/ Parker Purcell, Representative, Franklin County, Georgia. Approved April 5, 1961.

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CITY OF LaGRANGEEMINENT DOMAIN. No. 321 (House Bill No. 677). An Act to amend an Act incorporating the City of LaGrange, approved December 16, 1901 (Ga. L. 1901, p. 477), as amended, so as to provide for the power of eminent domain and condemnation; 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 LaGrange, approved December 16, 1901 (Ga. L. 1901, p. 477), as amended, is hereby amended by adding a new section to be known as section 40-B to read as follows: Section 40-B. The City of LaGrange shall have complete power of eminent domain and the right of condemnation both within and without the corporate limits of said city, which power shall be exercised by the mayor and council and such mayor and council shall have full power and authority to condemn land and other property for any public purposes, including but not limited to the purposes of constructing, maintaining and operating a natural gas distribution system, an electrical power distribution system, a sewerage collection and disposal system, a water system, a school system, together with its related athletic and sports program, and a garbage collection and disposal service. The specification of such purposes shall not be construed and shall not limit the powers herein conferred for any other public purposes. The power and authority granted by this Section shall be exercised only within Troup County and shall not under any circumstances be exercised within the corporate limits of any other municipal corporation within Troup County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Troup County. Personally appeared before the undersigned authority

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authorized to administer oaths in the state of Georgia, comes William A. Coker, who first being duly sworn, deposes and says that he is acting publisher and general manager of the LaGrange Daily News, a public gazette published daily in the City of LaGrange, Georgia, of general circulation and the official organ of Troup County, Georgia, and that the following Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced into the General Assembly of Georgia in 1961, a bill to amend an Act creating a new charter for the City of LaGrange, approved December 16, 1901 (Ga. L. 1901, p. 447), as amended, and for other purposes. This 8th day of February, 1961. City of LaGrange. /s/ J. G. Newman, Mayor Pro-Tem. /s/ C. H. Day, Clerk. has been published in said LaGrange Daily News once a week for three weeks, to-wit: in the regular issues of February 10th, 17th and 24th, 1961. /s/ Wm. A. Coker. Sworn to and subscribed before me this 24th day of February, 1961. /s/ Carolyn Weaver, Notary Public, Troup County, Ga. My commission expires Dec. 16, 1963. (Seal). Approved April 5, 1961.

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CITY OF DALTONAUTHORITY TO CLOSE WHITFIELD STREET. No. 322 (House Bill No. 642). 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 Whitfield Street; the conveyance of said street to abutting property owners; 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, is hereby amended by inserting following section 8 a new section to read as follows: Section 8A. The mayor and council of The City of Dalton are hereby authorized to close Whitfield Street, the street being expensive to maintain and no longer useful or convenient to the public, and the public welfare requiring it. The mayor and council of The City of Dalton, Georgia are hereby empowered to sell and convey to the owners of abutting property that portion of the street so closed as described herein. Conveyances by said city pursuant to the provisions hereof shall vest in the respective grantees full fee simple title, unencumbered by any rights of the public for use for street purposes to the property conveyed except as to any existing easement for utility installations and maintenance. The consideration flowing to the city for any conveyance by the city pursuant hereto shall be either monetary, by exchange of property, or by donation between the city and the respective grantees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which convenes in January 1961 for the passage of a Bill entitled as follows: An Act amending the charter of The City of Dalton, so as to provide for the closing of Whitfield Street, to vest title to said property in The City of Dalton; to provide that the street so closed may be sold, exchanged, conveyed or donated by the mayor and council of The City of Dalton to abutting property owners, to repeal conflicting laws, and for other purposes. This 4th day of January, 1961. /s/ Erwin Mitchell, Senator, Whitfield County. /s/ G. J. Boyett, Representative, Whitfield County. /s/ Virgil T. Smith, Representative, Whitfield County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil T. Smith and G. J. Boyett, who, on oath, deposes and say 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: Jan. 6, 13, 20, 1961. /s/ Virgil T. Smith, /s/ G. J. Boyett, Representatives, Whitfield County.

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Sworn to and subscribed before me this 23rd day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved April 5, 1961. CADASTRAL SURVEYS IN CERTAIN COUNTIES. No. 323 (House Bill No. 305). An Act to amend an Act approved March 27, 1941 (Ga. L. 1941, p. 382), entitled An Act to authorize any counties in this State having a population of not less than 85,000 and not more than 100,000 according to the United States official census or any future census, to provide through a cadastral survey, a field book system for real property identification and evaluation; to provide for use of survey stations thereof in connection with legal descriptions of land; to provide funds for the making of such surveys and the establishment and maintenance of such field book systems and for other purposes, as amended by an Act approved February 12, 1951 (Ga. L. 1951, p. 85, et. seq.), by striking from said Act and the caption thereof the following language and figures wherever the same appears, Not less than 120,000 and not more than 145,000 according to the United States census of 1950 and inserting in lieu thereof the following language and figures, Not less than 250,000 and not more than 500,000 according to the United States census of 1960, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval

Page 2920

of this Act an Act of the General Assembly of Georgia approved March 27, 1941 (Ga. L. 1941, p. 382), entitled An Act to authorize any counties in this State having a population of not less than 85,000 and not more than 100,000 according to the United States official census or any future census, to provide through a cadastral survey, a field book system for real property identification and evaluation; to provide for use of survey stations thereof in connection with legal descriptions of land; to provide funds for the making such surveys and the establishment and maintenance of such field book systems and for other purposes, as amended by an Act approved February 12, 1951 (Ga. L. 1951, p. 85, et. seq.), be, and the same is hereby, amended by striking from said Act and the caption thereof, as amended, wherever it appears the following language and figures: Not less than 120,000 and not more than 145,000 according to the United States census of 1950 and inserting in lieu thereof the following language and figures: Not less than 250,000 and not more than 500,000 according to the United States census of 1960, so that the provisions of said Act, as amended, shall be applicable in counties having a population of not less than 250,000 and not more than 500,000 according to the United States census of 1960 or any future census. Counties where 1941 Act applicable. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved April 5, 1961.

Page 2921

SPECIAL BAILIFF FOR COURT OF ORDINARY IN COUNTIES HAVING POPULATION OF NOT LESS THAN 160,000 AND NOT MORE THAN 250,000 PERSONS. No. 324 (House Bill No. 87). An Act to provide for the appointment by the Ordinaries of the respective counties of the State of Georgia of a special bailiff with the approval of the county commissioners of such counties; to provide for the duties of such special bailiff; to provide for compensation for his services; to provide for adequate transportation for carrying out the duties of such office and for the transportation of mental patients; to provide for attendants for mental patients; to specify the duties of the sheriff in such cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever approved by resolution of the county commissioners of any county of this State the Ordinary of such county shall be authorized to appoint a special bailiff of the Court of Ordinary of such county. Authority to appoint. Section 2. The powers and duties of such special bailiff of the Court of Ordinary shall be as follows: (a) To investigate all applications for the commitment of mental patients and present the results of such investigations to the Ordinary and to the commission convened to determine the question of commitment. Duties. (b) To conduct such other investigations of mental cases or other matters within the jurisdiction of the Ordinary as may be required by the Ordinary, and to make written reports thereon, whenever so required. (c) To transport all mental patients under order of commitment by the Ordinary to the Milledgeville State Hospital or to local hospitals or other places of temporary

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or permanent detention in conformity with the orders of the Ordinary; (d) To attend upon all sessions of the Court of Ordinary, whenever so required, and to formally open the regular terms of the Court of Ordinary on the first Monday of each month; (e) To serve all writs, notices, subpoenas, orders and any other process and execute all orders of the Court of Ordinary according to law and in compliance with the orders of the Ordinary, and to make returns of his actions as now required of the sheriff and his deputies; (f) To have and be vested with all of the powers and authority now or hereafter provided by law for the sheriff or his deputies insofar as they relate to the functions of the Court of Ordinary; (g) To have such other power and authority as may be necessary or convenient for the accomplishment of the purposes of this Act. Section 3. The compensation of such special bailiff shall be in an amount specified by the Ordinary making such appointment subject to the approval of the county commissioners of the county. Such special bailiff shall be required to give bond in the sum of one thousand ($1,000.00) dollars payable to the ordinary for the faithful performance of his duties. Salary, bond. Section 4. The Ordinary appointing such special bailiff shall be entitled to the same fees for his services as may now or hereafter be provided by law for similar services when performed by the sheriff, such fees to be a part of the costs of the court. Fees. Section 5. When such special bailiff is appointed in any county it shall be the duty of the county commissioners of such county to provide adequate and suitable means of transportation to properly effectuate the purposes of

Page 2923

this Act, and to pay for the reasonable and necessary expenses of operating such means of transportation. Transportation. Section 6. It shall be the duty of the sheriff whenever this Act shall have been placed in operation in his county to continue to receive and maintain in the jail any person committed to jail by order of the Ordinary, to furnish one or more deputies upon the request of the Ordinary to assist the Special Bailiff of the Court of Ordinary in arresting any person alleged to be insane and violent and dangerous, and shall also furnish on request one or more attendants to assist such special bailiff in the transportation of any person under commitment. The services of such deputies may be considered as part of their regular duties or they may be given additional compensation as may be provided by resolution of the county commissioners. The Ordinary shall also be authorized to permit members of a patient's family to serve as attendants or may designate other persons to serve in this capacity and may fix the compensation for such services which shall be paid from county funds. Sheriff. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Section 8. The provisions of this Act shall apply only to those counties having a population of not less than 160,000 and not more than 250,000, according to the 1960 or any future United States Census. Where applicable. Approved April 5, 1961. CITY COURT OF SPRINGFIELDRULES OF PROCEDURE, JURY TERMS, ETC. No. 325 (House Bill No. 363). An Act to amend the Act approved July 20, 1908, entitled An Act to create the City Court of Springfield, in and for the County of Effingham, in Georgia; to prescribe the powers and duties thereof; to provide for the

Page 2924

officers thereof; to provide for the compensation of said officers, and for other purposes; and the several Acts amendatory thereto, so as to provide for juries therein, fix the terms of said court, to provide for pleadings and practice and new trials therein, and writs of error therefrom, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the above recited Act creating the City Court of Springfield in and for the County of Effingham, in Georgia, as amended by an Act approved August 7, 1923 (Ga. L. 1923, pp. 187-190), by striking from said Act as amended section 12 entirely and inserting in lieu thereof; the following section: Section 12. 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 matters pertaining to filing, service, pleading and practice, and all other legal procedure, the laws governing in the Superior Courts shall be applicable to said city court. The regular jury terms of said City Court of Springfield shall be held on the second Mondays in March, June, September and December, and in addition to the above sessions there shall be held terms for which no jury shall be drawn on the second Mondays in January, February, April, May, July, August, October and November. The judge of said court shall have power to hold said court in session each term so long as, in his judgment, the same may be necessary to dispose of cases, then pending and ready for hearing or trial, and perform any and all judicial acts not inconsistent with the provisions of this Act. Practice rules, pay terms, etc. 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 is hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given, that a bill will be introduced in

Page 2925

the 1961 session of the General Assembly of the State of Georgia, amending an Act creating the City Court of Springfield, to provide for quarterly Jury Terms of said court and for other purposes. Complainants should file their protests to B. Frank Arnsdorff, Representative, Springfield, Georgia. /s/ B. F. Arnsdorff, Representative. State of Georgia, County of Effingham. Before me, the undersigned attesting officer, personally appeared W. O. Lee, who being duly sworn, on oath says that the Springfield Herald is a newspaper having a general circulation in said county, published weekly, therein; that it is the official organ of Effingham County; and that he is editor thereof. He further swears that the clipping attached hereto is from an advertisement which was run in said paper in issues of the following dates: Dec. 30, 1960, Jan. 6 and Jan. 13, 1961. /s/ William O. Lee Sworn to and subscribed before me this 20th day of January, 1961. /s/ Myrtice G. Doston, Notary Public, Effingham County, Ga. (Seal). Approved April 5, 1961.

Page 2926

CITY OF SANDERSVILLECORPORATE LIMITS. No. 326 (House Bill No. 262). An Act to amend an Act creating the city charter of Sandersville, approved February 13, 1941 (Ga. L. 1941, p. 1692), as amended, so as to change the corporate limits of the City of Sandersville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the city charter of Sandersville, approved February 13, 1941 (Ga. L. 1941, p. 1692), as amended, is hereby amended by adding a new paragraph to the end of section 1 to read as follows: In addition to the area now embraced within the corporate limits of the City of Sandersville, the following described property shall likewise be embraced within the corporate limits of said city. Beginning at a point on the south side of the abandoned right-of-way of the Georgia and Florida Railroad where said right-of-way crosses the present city limit line and running thence in a northeasterly direction along said right-of-way for a distance of 1120 feet; thence, in a southerly direction on a course parallel to the present city limit line, a distance of 2950 feet, more or less, to the north side of the right-of-way line of the Jordan Mill Road; thence, in a westerly direction along the north right-of-way line of the Jordan Mill Road, a distance of 1120 feet to the present city limit line; thence in a northwesterly direction along the present city limit line a distance of 2525 feet, more or less, to the south side of the abandoned right-of-way of the Georgia and Florida Railroad and point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2927

Notice of Intention to Apply for the Passage of a Local or Special Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, for the passage of the following bill: A bill to extend the city limits of the City of Sandersville, Georgia. This 15th day of December, 1960. /s/ Francis A. Joiner, Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Francis A. Joiner, who, on oath, deposes and says that he is Representative from Washington County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress, which is the official organ of said county, on the following dates: Dec. 22, 1960, Dec. 29, 1960, and January 5, 1961. /s/ Francis A. Joiner, Representative, Washington County. Sworn to and subscribed before me this 25th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved April 5, 1961.

Page 2928

SELECTION OF PROSPECTIVE JURORS IN CERTAIN COUNTIES. No. 329 (House Bill No. 307). An Act to amend an Act entitled An Act to require the boards of jury commissioners in all counties of this State having a population exceeding 200,000 inhabitants, according to the last United States census or any future census, to place on the jury lists of said counties the names of not less than 10,000 upright and intelligent men to serve as jurors in all the courts of such counties, and to select from these not less than 4,000 of the most experienced, intelligent, and upright men to serve as grand jurors; and for other purposes, approved August 14, 1931, as amended by an Act approved March 28, 1935 (Ga. L. 1935, p. 396), by striking from said Act and the caption thereof wherever the same appears the following figures and language: 200,000 inhabitants according to the last United States census or any future census, and inserting in lieu thereof 500,000 inhabitants according to the United States census of 1960 or any future census to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act an Act entitled An Act to require the boards of jury commissioners in all counties of this State having a population exceeding 200,000 inhabitants, according to the last United States census or any future census, to place on the jury lists of said counties the names of not less than 10,000 upright and intelligent men to serve as jurors in all the courts of such counties, and to select from these not less than 4,000 of the most experienced, intelligent, and upright men to serve as grand jurors; and for other purposes, approved August 14, 1931, as amended by an Act approved March 28, 1935 (Ga. L. 1935, p. 396), be, and the same is hereby, amended by striking

Page 2929

from said Act and the caption thereof wherever the same appears the following figures and language: 200,000 inhabitants according to the last United States census or any future census, and inserting in lieu thereof 500,000 inhabitants according to the United States census of 1960 or any future census so that said Act, as amended, shall be applicable in counties having a population exceeding 500,000 inhabitants according to the United States census of 1960 or any future census. Where applicable. 1931 Act amended. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved April 5, 1961. CANDLER COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 330 (House Bill No. 661). An Act to amend an Act creating a board of road and revenue commissioners in and for the County of Candler, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to change the compensation of the members of said board of commissioners, other than the chairman of said board; to provide that said board shall be required to have an annual inventory of all county property and equipment and an independent audit of county finances; to provide the procedures 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 road and revenue commissioners in and for the County of Candler, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, is hereby amended by striking from said Act, section 6 in its entirety and substituting in lieu thereof a new section 6 which shall read as follows:

Page 2930

Section 6. The compensation of the members of said board of commissioners, other than the chairman of said board, shall be fifty ($50.00) dollars per month as compensation, payable from the general funds of Candler County. Compensation of members. Section 2. Said Act is further amended by adding, after section 14 thereof, a new Section to be known as section 14A which shall read as follows: Section 14A. The board of road and revenue commissioners in and for the County of Candler, shall make an annual inventory of all county property and equipment and shall have an independent audit made of the financial condition of the county showing receipts and expenditures; said inventory and audit shall be available to the grand jury of such county and available for reasonable inspection by the public in the office of the commissioners. Annual inventory. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Candler County. Notice is hereby given that there will be introduced at the 1961 session of the General Assembly of Georgia, an amendment to an act carrying the following amendment: An inventory of county property and equipment, an audit, in laymen's terms, to be made at the beginning of the calendar year, and an increase in salary for two county commissioners of Candler County, Georgia. /s/ J. Carl Daughtry, Chairman, Board of Roads and Revenue Commissioners. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William L.

Page 2931

Lanier, who, on oath, deposes and says that he is Representative from Candler County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser, which is the official organ of said county, on the following dates: January 19, January 26, and February 2, 1961. /s/ William L. Lanier. Representative, Candler County. Sworn to and subscribed before me this 24th day of February, 1961. /s/ Philip D. Taylor, Notary Public. Approved April 5, 1961. CITY OF ROCKMARTCORPORATE LIMITS, REFERENDUM. No. 331 (House Bill No. 658). An Act to amend an Act entitled An Act to amend, consolidate and supersede the several Acts incorporating the Town of Rockmart in the County of Polk, to confer additional powers upon the corporate authorities thereof, and otherwise to amend the charter of said town; to provide a new charter for the Town of Rockmart, and for other purposes, approved August 15, 1904 (Ga. L. 1904, p. 593), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 3153), and an Act approved March 21, 1958 (Ga. L. 1958, p. 2893), so as to increase the corporate limits of the City of Rockmart; to divide the proposed area to be annexed into wards; to provide for a referendum; to repeal conflicting laws; and for other purposes.

Page 2932

Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend, consolidate and supersede the several Acts incorporating the Town of Rockmart in the County of Polk, to confer additional powers upon the corporate authorities thereof, and otherwise to amend the charter of said town; to provide a new charter for the Town of Rockmart, and for other purposes, approved August 15, 1904 (Ga. L. 1904, p. 593), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 3153), and an Act approved March 21, 1958 (Ga. L. 1958, p. 2893), is hereby amended by adding following section 15 a new section to be known as section 15A and to read as follows: In addition to that area now incorporated within the corporate limits of the City of Rockmart, the following tracts of land shall be included within said limits: Tract A . All of the land included and embraced within the circle having the center of the Southern Railroad Depot on College Street in said City as a center and a radius of 1.2 miles in all directions, with the exception of all that area now included in the corporate limits of the other town of Van Wert, and with exception of property owned by Brown-Wright Post, the American Legion. Tract B . All of that land and territory between a line 600 feet north and west of the center-line of Morgan Valley public road and parallel thereto and a line 600 feet south and east of the said center-line of said public road and parallel thereto, said lines to begin at the perimeter of the circle described in paragraph (A) above and run on the north to the east property line of Frank Paris and on the south to the west line of R. Denny Garner. Section 2. Said Act is further amended by adding following section 15A a new section to be known as section 15B and to read as follows: Ward 1 . That territory which lies west of the extension

Page 2933

southward to the circle perimeter of center of South Marble Street right of way and extension northward of west line of Forrest Avenue right of way shall be incorporated into Ward 1. Ward 2 . That territory from present city limits lines to circle perimeter which lies south of extension of center-line of East Elm Street to the east; and east of extension to the south of the center-line of South Marble Street shall be incorporated into Ward 2. Ward 3 . That territory from present city limit line to circle perimeter which lies between the extension northward of center line of Jones Avenue shall be incorporated into Ward 3. Ward 4 . That territory from present city limits line to circle perimeter which lies south of Georgia State Highway No. 113 and north of extension of center line of East Elm Street to the east and east of center-line of Jones Avenue shall be incorporated into Ward 4. Ward 5 . That territory from present city limits line to circle perimiter which lies east of extension of center line of Jones Avenue and north of center line of Georgia State Highway No. 113 (Rockmart-Cartersville Road) shall be incorporated into Ward 5. Section 3. This Act shall become effective on January 1, 1962, provided the same is approved by a referendum as follows: Effective date. (A) At least 45 days, but not more than 60 days prior to the date of the regular Rockmart city election in 1961, the Mayor and the City of Rockmart shall cause to be published in the Rockmart Journal a notice of the referendum to be held directed to the voters of the City of Rockmart and to residents of the areas to be annexed in which notice shall be a statement that registration books will be open from a date 35 days prior to the election until a date of 5 days prior to the election for registration

Page 2934

of qualified residents of those areas proposed to be annexed to vote in the election on the proposition submitted. Only those residents of the areas proposed to be annexed who are duly registered and qualified to vote in State and county elections and who have been a resident of the respective area sought to be annexed for 90 days, shall be qualified to register as voters in the annexation referendum. (B) The Clerk of the City of Rockmart shall provide a special voter registration book for registration of voters to participate in the referendum from each of the five areas proposed to be annexed and shall provide the election managers certified lists of those who have registered to participate in the referendum from each of the five areas proposed to be annexed, and shall further provide a separate ballot box for casting of ballots by voters in each of the five areas proposed to be annexed. Referendum. (C) The said clerk shall furnish the election managers printed ballots which shall have printed thereon the following: For approval of the Act annexing certain territory to the City of Rockmart. Against approval of the Act annexing certain territory to the City of Rockmart. (D) In order for any or all of the areas described in Wards 1 through 5 to be annexed, the annexation must be approved: 1. By a majority of voters participating in the referendum from the respective area proposed to be annexed, and 2. By a majority of voters participating in the referendum in the regular Rockmart City Election. (E) If a majority of voters participating in the referendum

Page 2935

in the regular Rockmart City election reject the annexation, none of the areas shall be annexed. (F) If a majority of voters participating in the referendum from any one or more of the five areas proposed to be annexed shall reject the annexation, then such areas in which the annexation is rejected shall not become annexed to the City of Rockmart but shall remain separate therefrom. (G) It shall be the duty of the election managers to declare and certify the results of the said referendum of the Mayor and Council of the City of Rockmart, and it shall be the duty of the Clerk of the City of Rockmart to certify the results thereof to the Secretary of State of Georgia. The entire expenses of said election shall be paid by the City of Rockmart in the same manner that costs of the regular city elections are paid. Section 4. Should any person vote in said election 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. Crimes. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed to the extent of such conflict. Section 6. Should any section or part of this Act be declared to be unconstitutional by any court with proper jurisdiction in the premises, such decree or decision shall not operate to render the remaining sections or parts of this Act void. Severability. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1961 session of the General Assembly of Georgia to amend the charter of the City of Rockmart, Georgia, and for other purposes.

Page 2936

This 10th day of December, 1960. /s/ E. C. Sanders, Mayor. Georgia, Polk County. Personally appeared before the undersigned attesting officer, Wallace White, who is the publisher of The Cedartown Standard, the official organ of Polk County, Ga., in which the sheriff's advertisements are published and which has a general circulation in Polk County, Ga., and that the attached and foregoing notice of proposed local legislation was duly published in said newspaper once a week for three weeks, in the issues of January 19, January 26 and Feb. 2, 1961. /s/ Wallace L. White, Publisher, The Cedartown Standard. Sworn to and subscribed before me, this 17 day of February, 1961. /s/ Mrs. Hubert DeArman, Notary Public, Polk County, Ga. My Commission Expires Feb. 2, 1965. (Seal). Approved April 5, 1961. CONTROL AND CUSTODY OF TAX DEEDS IN COUNTIES HAVING POPULATION OF MORE THAN 500,000 PERSONS. No. 332 (House Bill No. 649). An Act to provide in all counties of this state having a population of 500,000 or more according to the federal census of 1960 or any future federal census, that the tax collector or tax commissioner, as the case may be, shall retain the physical custody and control of all tax deeds as agent for the grantee and shall have

Page 2937

authority to cancel said deeds upon the lawful payment of the redemption price when tendered by the taxpayer entitled to make such redemption; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. In all counties of the State having a population of 500,000 or more according to the Federal Census of 1960 or any future Federal Census, the tax collector or tax commissioner, as the case may be, shall retain the physical custody and control of all tax deeds as agent for the grantee after same have been recorded and indexed and shall have authority to cancel said deeds upon the payment of the lawful redemption price when tendered by any party at interest. Said officer shall deduct a fee of one ($1.00) dollar for his service and distribute the remainder so collected to the grantee in said tax deed. All fees so collected shall be paid into the county treasury as in the case of other costs or commissions collected by such officials. Custody and control. Section 2. The physical custody of said deed may be released to the grantee upon his filing of a petition in the Superior Court to register title to such property, or other appropriate proceedings wherein same are involved. Release. Section 3. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved April 5, 1961.

Page 2938

CITY OF HOLLY SPRINGSCORPORATE LIMITS. No. 333 (House Bill No. 688). An Act to amend an Act creating a charter for the City of Holly Springs (formerly the Town of Holly Springs), approved August 14, 1906 (Ga. L. 1906, p. 819), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of Holly Springs (formerly the Town of Holly Springs), approved August 14, 1906 (Ga. L. 1906, p. 819), is hereby amended by adding at the end of section 2 thereof a new section to be known as section 2(a), which shall read as follows: Section 2(a). In addition to the above, the corporate limits of the City of Holly Springs shall include all of that property presently owned by Mrs. K. G. New, Jr., and being in land lot 415, and all that property presently owned by Douglas Bailey, and being in land lot 346; also, all of that property presently owned by Bobby Bailey, and being in land lot 346. 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, Carl Barrett, who, on oath, deposes and says that he is Representative from Cherokee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia Tribune, which is the official organ of said county, on the following dates: January 19, 26 and February 2, 1961. /s/ Carl Barrett, Representative, Cherokee County.

Page 2939

Sworn to and subscribed before me, this 27th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a Bill to amend the charter of the City of Holly Springs, so as to incorporate the property of certain land owners who have requested to come within the city limits; and for other purposes. This 19 day of January, 1961. /s/ Carl Barrett, Representative. Approved April 5, 1961. CITY OF TRENTONREGISTRATION OF VOTERS. No. 335 (House Bill No. 474). An Act to amend an Act providing a new charter for the City of Trenton, approved February 17, 1949 (Ga. L. 1949, p. 825), as amended, so as to provide for a complete new system for registering voters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a new charter for the City of Trenton, approved February 17, 1949 (Ga. L. 1949, p. 825), as amended, is hereby amended by striking section 6 in its entirety and substituting in lieu thereof a new section to read as follows:

Page 2940

Section 6. There shall be established in the City of Trenton a permanent registration system as follows: (a) On or before May 1, 1961, the City of Trenton shall obtain a supply of registration cards to be used in the registering of qualified voters in said city. Said cards shall be in substantially the following form and contain all of the following, and such additional information as the mayor and council of said city may, from time to time, provide by Resolution: REGISTRATION CARD. Mailing Address Date of BirthPlace of Birth EyesHairWeightHeightRace Occupation Georgia, Dade County. I do swear or affirm that I am a citizen and qualified voter of the State of Georgia according to the Constitution and Laws thereof; that I have been a bona fide resident of the City of Trenton continuously for more than six (6) months (or will have been by the time of the next city election); that I am not registered in the City of Trenton under any other name, and that I have correctly answered the foregoing questions on this Registration Card. Sworn to and subscribed before me thisday of19 Title (b) The mayor, the recorder, any member of the council, or any clerk regularly employed by the city

Page 2941

shall have the authority to register applicants and to administer said oath. (c) No person registering as herein provided 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. (d) Whenever any election is to be held in and for said city, the registration provided for herein shall be closed at the time when candidates for such election may no longer qualify. The mayor of said city shall, with the advice and consent of the council, appoint three (3) persons as registrars. Said registrars shall be compensated for their services as shall be provided for by the mayor and council. Said 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 registrars to make from said registration cards 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 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 all such hearings, said registrars

Page 2942

shall strike from the permanent registration cards and from the voters' list the names of all persons who have died or removed from the limits of said city, or who are found to be otherwise 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 recorder of said city, one (1) of which shall be open to inspection during the hours for which the city hall is kept open, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrars shall complete said lists at least two (2) days before said election. (e) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrars, unless he shall produce a certificate signed by a registrar that his name was omitted therefrom by accident or mistake. (f) From and after May 1, 1961, all registration books and voters' lists in existence in said city as of May 1, 1961, shall become void, it being intended that all persons qualified to vote in said city shall register after May 1, 1961, under the provisions of this section, and the registrars shall not include in any future voting list the name of any person who has not registered under this section. (g) It shall be the duty of the mayor and council of said city to publish a notice in the Dade County Times one time during the month of April 1961, and again during the month of October 1961, notifying the residents of said city of the new registration system. 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 1961 session of the General Assembly of

Page 2943

Georgia, a Bill to amend the city charter of Trenton, Georgia, so as to provide for a complete new system of registering voters; to provide the procedure connected therewith; and for other purposes. This 12th day of January, 1961. /s/ Maddox Hale, Representative, Dade County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maddox 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 19, 1961; January 26, 1961, and February 2, 1961. /s/ Maddox Hale, Representative, Dade County. Sworn to and subscribed before me, this 3rd day of February, 1961. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved April 5, 1961.

Page 2944

COMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES IN COUNTIES OF OVER 500,000 POPULATION. No. 336 (House Bill No. 311). An Act to amend an Act to fix the compensation of commissioners of roads and revenues in counties in this State having a population of two hundred thousand according to the United States Census of 1920 or any future census, approved August 22, 1929 (Ga. L. 1929, p. 218), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 3380), so as to provide for the pay of such commissioners and to provide for allowance for expenses and travel, to strike from the caption of said Act and wherever the same shall appear in said Act the following language and figures: having a population of two hundred thousand according to the United States census of 1920 or any future census; and inserting in lieu thereof, having a population in excess of five hundred thousand according to the United States census of 1960 or any future census, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act an Act approved August 22, 1929 (Ga. L. 1929, p. 218) as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 3380) be, and the same is hereby, amended by striking from the caption of said Act and wherever same shall appear in said Act the following language and figures, having a population of two hundred thousand according to the United States census of 1920 or any future census, and inserting in lieu thereof wherever the same shall appear in said Act and the caption thereof the following, having a population in excess of five hundred thousand according to the United States census of 1960 or any future census, so that the

Page 2945

provisions of said Act as amended shall apply to counties having a population in excess of five hundred thousand according to the 1960 census of the United States or any future census. 1929 Act amended. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved April 5, 1961. CITY OF CARROLLTONCITY SUPERVISOR. No. 337 (House Bill No. 372). An Act to amend an Act entitled An Act to amend an Act establishing a new charter for the City of Carrollton, Georgia, approved on September 9, 1891, (Ga. L. 1891, pp. 474, 478), by creating the office of City Supervisor, providing for the appointment of said officer by the mayor and city council, designating his authority, duties and compensation of said office and 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. The Act entitled An Act to amend an Act establishing a new charter for the City of Carrollton, Georgia, approved September 9, 1891 (Ga. L. 1891, pp. 474, 478) is hereby amended by adding thereto the following: Be it enacted that from and after the effective date of this Act, the mayor and city council of Carrollton are authorized to create the office of City Supervisor who shall be the administrative head of the municipal government and who shall be responsible for the efficient administration of all departments. He shall be appointed without regard to his residence, political beliefs or affiliations. During the absence or disability of the city supervisor,

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the mayor and city council may designate some qualified person to execute the functions of the office. The powers and duties of the city supervisor shall be: City Supervisor. Duties. (a) To see that all laws and ordinances are enforced. (b) To appoint and remove all subordinate officers and employees in all departments, all appointments to be upon merit and fitness alone. (c) To exercise control over all departments and divisions created therein, or which may be hereafter created by the mayor and council. (d) To attend all meetings of the mayor and council, with the right to take part in all discussions, but having no vote. (e) To recommend to the mayor and council for adoption such measures as he may deem necessary and expedient. (f) To prepare and submit to the mayor and council an annual budget and act as treasurer of the city. (g) To keep the mayor and council fully advised as to the financial condition and needs of the city. (h) To supervise the performance of all contracts made by any person, firm or corporation for work done for the city, and to make all purchases of material and supplies for the city, and to see that the same are received as contracted for. (i) To act as and perform the duties of the clerk of the City of Carrollton. (j) To perform such other duties as may be prescribed herein, or required of him by ordinances or resolution of the mayor and council. The city supervisor may be removed from his office

Page 2947

or employment by a majority vote of the mayor and city council and his compensation shall be fixed by the mayor and city council. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of the State of Georgia which begins January 9, 1961, to provide for the creation of an office of the City of Carrollton known as City Supervisor, to designate the duties of said office and compensation for said office and for other purposes. Georgia, Carroll County: Personally appeared before me, an officer authorized to administer oaths, Stanley Parkman, who after being duly sworn, deposes and says that he is editor of the Carroll County Georgian, legal organ of Carroll County, and that the foregoing notice of intention to apply for local legislation was published in said newspaper on the following dates: January 12, 19, 26, 1961. This 28th day of January, 1961. /s/ Stanley Parkman. Sworn to and subscribed before me, this 28th day of January, 1961. /s/ Martha Sue Lambert, Notary Public. Approved April 5, 1961.

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CITY OF GUYTONNAME CHANGED FROM TOWN OF GUYTON. No. 338 (House Bill No. 192). An Act to amend an Act creating a new charter for the Town of Guyton, approved March 10th, 1933, (Ga. L. 1933, p. 952-986), and amended by an Act approved February 11, 1957 (Ga. L. 1957, p. 2047), so as to change the name of the said Town of Guyton to City of Guyton; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Guyton in the County of Effingham, approved March 10, 1933 (Ga. L. 1933, p. 952), and amended by an Act approved February 11, 1957 (Ga. L. 1957, p. 2047) is hereby amended by striking from said Act as amended wherever the same shall appear, the words Towns of Guyton and inserting in lieu thereof the words City of Guyton, and by striking from said Act as amended wherever the same shall appear, the word Town and inserting in lieu thereof the word City, so that said Town of Guyton shall henceforth be known as the City of Guyton. The City of Guyton shall succeed to and be subject to all the rights, powers, obligations and liabilities of the Town of Guyton. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. State of Georgia, County of Effingham. Notice is hereby given, that a Bill will be introduced in the 1961 session of the General Assembly of the State of Georgia, amending the charter of the Town of Guyton, to change the name of the Town of Guyton to the City

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of Guyton, to repeal conflicting laws, and for other purposes. Complainants should file their protests to B. Frank Arnsdorff, Representative, Springfield, Georgia. Mayor and Council Town of Guyton, Georgia. /s/ L. W. Bonds, Clerk. State of Georgia, County of Effingham. Personally appeared before the undersigned, an officer of said county and State duly authorized and empowered to administer oaths, William O. Lee who first being duly sworn on oath says that he is the editor and publisher of The Springfield Herald, official organ of Effingham County, Georgia, and that the herewith attached Notice of Intention to Introduce Local Legislation appeared as paid legal advertising in three consecutive weekly issues of said newspaper, to wit: on December 16, 1960; on December 23, 1960; and on December 30, 1960. This 13th day of January, 1961. /s/ William O. Lee. Sworn to and subscribed before me, this the 13th day of January, 1961. /s/ Z. Vance Dasher, Notary Public, Effingham County, Georgia. My Commission Expires April 1, 1962. (Seal). Approved April 5, 1961.

Page 2950

WEBSTER COUNTYSALARY OF COMMISSIONER OF ROADS AND REVENUES. No. 340 (House Bill No. 627). An Act to amend an Act creating the office of commissioner of roads and revenue for the County of Webster, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, particularly by Acts approved February 5, 1951 (Ga. L. 1951, p. 2257), and February 26, 1957 (Ga. L. 1957, p. 2244), so as to change the salary of such commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenue for the County of Webster, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, particularly by Acts approved February 5, 1951 (Ga. L. 1951, p. 2257), and February 26, 1957 (Ga. L. 1957, p. 2244), is hereby amended by striking from section 9 of said Act the words and figures twenty-five hundred ($2500.00) dollars and inserting in lieu thereof the words thirty-six hundred ($3600.00) dollars, so that said section as amended shall read: Section 9. Be it further enacted by the authority aforesaid that the compensation of said commissioner shall be thirty-six hundred ($3600.00) dollars per annum, to be paid insofar as practicable in equal monthly payments at the end of each calendar month; said salary so fixed shall include all expenses incurred by said commissioner in connection with this supervision of the work and affairs of the county, provided said commissioner shall be entitled to reimbursement for actual expenses while traveling on county business outside of the county in an amount not exceeding forty ($40.00) dollars per month, which amount shall not accumulate but shall be limited for each month, and shall be paid on an itemized statement thereof at the end of the month; it being expressly provided that he shall not maintain or operate

Page 2951

a car at the expense of the county. Said commissioner shall employ a clerk whose compensation shall be fifty ($50.00) dollars per month, and it shall be the duty of the clerk to keep the book of minutes of the court of the commissioner, to keep a systematic file of all accounts, invoices and claims paid by the county, to keep an accurate stub-book of all warrants issued, to keep a ledger showing the financial condition of the county at all times which said ledger shall be posted daily and balanced daily and along with the other records of the commissioner's office be open to public inspection, and to do such other acts and things as are usually required of a clerk. Section 2. This Act shall become effective as of January 1, 1961. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Feb. 17, 1961 To All Whom It May Concern: I, John M. Anglin, publisher of The Stewart-Webster Journal, a newspaper published at Richland, Georgia for Stewart and Webster Counties, do hereby certify that the attached Notice of Intention to Introduce Local Legislation has been published in the Stewart-Webster Journal, three consecutive issues of February 2, 9 and 16, 1961. /s/ John M. Anglin, Publisher The Stewart- Webster Journal, Richland, Georgia. /s/ Florrie H. McKinnon, Clerk Superior Court Webster Co., Ga. My Com. Expires 1-1-65.

Page 2952

Notice of Intention to Introduce Local Legislation. Georgia, Webster County: Upon recommendation of the Webster County Grand Jury, there will be introduced in the January 1961 session of the General Assembly of Georgia, a Bill to increase the salary of the Commissioner of Roads and Revenue of Webster County from $2,500.00 to $3,600.00, retroactive as of January 1, 1961. /s/ J. Lucius Black, Representative of Webster County, Georgia. Approved April 5, 1961. CITY OF JEFFERSONCHARTER AMENDED. No. 341 (House Bill No. 662). An Act to amend an Act creating the charter of the City of Jefferson, approved December 12, 1899, as amended, particularly by an Act approved August 20, 1917 (Ga. L. 1917, p. 696), so as to change the time of opening and closing the polls at all elections held in said city; to change the time for making returns of property for taxation; to provide the manner of registration and qualification of voters, and setting up a permanent registration list; 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 Jefferson, approved December 12, 1899, as amended, particularly by an Act approved August 20, 1917 (Ga. L. 1917, p. 696), is hereby amended by striking the figures and words 8:00 o'clock a.m. till 5:00 o'clock p.m. as they appear in the third line of said section 5 of said charter and substituting in lieu thereof the figures and words 7:00 o'clock a.m. till 7:00 o'clock p.m.. Elections.

Page 2953

Section 2. Said Act is further amended by striking section 6 thereof in its entirety and substituting in lieu thereof, a new section 6 which shall read as follows: Section 6. Be it enacted by the authority aforesaid, that, all persons who have been bona fide residents of the State of Georgia, twelve months, County of Jackson, six months and the City of Jefferson, sixty days previous to the time when the next election is held, who have registered as qualified voters of the city as hereinafter provided for, and who are qualified to vote for members of the General Assembly of Georgia shall be considered electors and entitled to vote in said election and no other person shall be qualified to vote. Electors. Section 3. Said Act is further amended by striking section 7, in its entirety and substituting in lieu thereof a new section 7 which shall read as follows: Section 7. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the clerk or treasurer, or such other person as may be designated by the city council, shall open a list or book for the registration of voters within sixty (60) days from the passage of this Act, which list or book shall remain open sixty (60) days, ample notice of which shall be given by publication in the newspaper in which the sheriff's advertisements for the County of Jackson are published or by posting at three or more public places in said city. Each and every person applying to be registered shall make oath before the registrar in whose possession is the list or book of registration, who is hereby authorized to administer the same, which oath shall be written or printed on said list or book of registration as follows: Registration of voters. `I do swear that I am of voting age, or will be by the time of the election now next to be held in the City of Jefferson, I will have resided in the State of Georgia twelve months, in the County of Jackson six months and in the City of Jefferson sixty days and I am qualified to vote for members of the General Assembly of Georgia.' Oath.

Page 2954

The electors who qualify shall not thereafter be required to register or further qualify except as hereinafter provided; electors who do not vote in at least one election, general, special or called, within a two year period, in which case the elector may re-register in the manner provided for original registration. Said clerk or treasurer shall, within thirty (30) days from the closing of said registration, furnish a list of said electors to the registrars, who shall within thirty (30) days therefrom, purge and make up a permanent registration list and return same to the clerk or treasurer; thereafter, said list or book shall open for registration of voters sixty (60) days before any election held in the City of Jefferson, ample notice of which shall be given as provided by law and close thirty (30) days before said election, after which time no person shall be allowed to register. All registrations shall be permanent except as otherwise provided herein. Permanent registration. Section 4. Said Act is further amended by striking from section 2 of the amendatory Act, approved August 20, 1917 (Ga. L. 1917, p. 696), the words and figures March 1 and June 1 in the last line of said section and substituting in lieu thereof, the words January 1 and April 1. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. I, N. S. Hayden, editor of the Jackson Herald, Jefferson, Georgia, hereby certify that the advertisement attached herewith did run, and was published in The Jackson Herald on January 12, 19 and 26, 1961. A Resolution. At a regular meeting of the mayor and council of the City of Jefferson held at the city hall on January 9, 1961, on motion made by R. M. Bailey and seconded by R. H. White, the council voted to request H. W. Davis, city attorney to take the necessary steps by ordinance or by amendment to the charter to permit the registration of

Page 2955

voters to be made to comply with the State law that is to say a permanent registration with a provision that should any elector fail to vote in any election for a period of two years their names will be automatically removed from the voters list; and Be it further resolved, that H. W. Davis, City Attorney for the City of Jefferson take the necessary steps by ordinance or charter amendment so that property tax will attach to all taxable property as of January 1st of each year, in compliance with or similar to State law as to the date taxes would attach to any and all taxable property located within the City of Jefferson; and Be it further resolved, that H. W. Davis, Attorney for the City of Jefferson, by charter amendment, amend section V of the charter of the City of Jefferson as to the time of opening and closing the polls in all elections held by said City of Jefferson to comply with the State Law, opening said polls at 7:00 o'clock a.m. and closing at 7:00 o'clock p.m. in conformity to the State law. Jan 12, 19, 26ch. /s/ Robert M. Bailey, Notary Public, Jackson County, Georgia. My Commission Expires Jan. 22, 1964. (Seal). Approved April 5, 1961. CITY COURT OF SYLVANIASALARIES OF JUDGE AND SOLICITOR. No. 343 (House Bill No. 337). An Act to amend an Act creating the City Court of Sylvania, approved December 15, 1902 (Ga. L. 1902, p. 162), as amended, particularly by an Act approved August 18, 1913 (Ga. L. 1913, p. 291), an Act approved

Page 2956

July 31, 1929 (Ga. L. 1929, p. 481), an Act approved February 17, 1949 (Ga. L. 1949, p. 904), and by an Act approved March 5, 1957 (Ga. L. 1957, p. 2615), so as to change the provisions relating to the salaries of the judge and solicitor of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act creating the City Court of Sylvania, approved December 15, 1902 (Ga. L. 1902, p. 162), as amended, particularly by an Act approved August 18, 1913 (Ga. L. 1913, p. 291), an Act approved July 31, 1929 (Ga. L. 1929, p. 481), an Act approved February 17, 1949 (Ga. L. 1949, p. 904), and by an Act approved March 5, 1957 (Ga. L. 1957, p. 2615), is hereby amended by changing the salary of the judge of said court from the sum of $3,000.00 per year as provided in section 1 of an amendment approved March 5, 1957 (Ga. L. 1957, p. 2615), to the sum of not less than $3,000.00 per year and not more than $3,600.00 per year, payable monthly as shall be fixed by the board of commissioners of roads and revenues of Screven County, Georgia. Judge's salary. Section 2. Said Act is further amended by changing the salary of the solicitor of the City Court of Sylvania from the sum of $2,400.00 per year as provided in section 2 of an amendment approved March 5, 1957 (Ga. L. 1957, p. 2615) to the sum of not less than $2,400.00 per year and not more than $3,000.00 per year, payable monthly and shall be fixed by the board of commissioners of roads and revenues of Screven County, Georgia. Solicitor's salary. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Screven County. Notice. Notice is hereby given that there will be introduced in the 1961 session of the General Assembly of Georgia,

Page 2957

a Bill to provide for compensation for the services of judge and solicitor of the City Court of Sylvania. This the 9th day of January 1961. /s/ H. Walstein Parker, Representative, Screven County, Georgia. Board of Commissioners of Roads and Revenues of Screven County, Georgia. By: J. A. Mallory, Clerk. Georgia, Screven County. This is to certify that notice of Legislative Act to provide for the compensation of the judge and solicitor of the City Court of Sylvania did appear in the Screven County News, official organ of Screven County on January 12, 19, 26, 1961. /s/ L. S. Stegins, Sr., Editor, Screven County News. Sworn to before me, this January 28, 1961. /s/ Jack C. Reddick, Deputy Clerk, Screven Superior Court. (Seal). Approved April 5, 1961.

Page 2958

SAVANNAH DISTRICT AUTHORITYTERMS OF MEMBERS. No. 345 (House Bill No. 116). An Act to amend an Act creating the Savannah District Authority (formerly The Savannah Port Authority for the harbor and port of Savannah), approved August 7, 1925 (Ga. L. 1925, p. 1451), as amended, by an Act approved February 19, 1951 (Ga. L. 1951, p. 190), and those Acts approved February 11, 1955 (Ga. L. 1955, p. 170), February 27, 1956 (Ga. L. 1956, p. 329), and March 17, 1958 (Ga. L. 1958, p. 2458), enacted pursuant and subsequent to a Constitutional amendment (Article V, Section VII, Paragraph II of the Georgia Constitution), which was ratified November 4, 1952, so as to provide that the members of said authority shall not succeed themselves in office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Savannah District Authority (formerly the Savannah Port Authority for the harbor and port of Savannah), approved August 7, 1925 (Ga. L. 1925, p. 1451), as amended by an Act approved February 19, 1951 (Ga. L. 1951, p. 190), and those Acts approved February 11, 1955 (Ga. L. 1955, p. 170), February 27, 1956 (Ga. L. 1956, p. 329), and March 17, 1958 (Ga. L. 1958, p. 2458), enacted pursuant and subsequent to a Constitutional amendment (Article V, Section VII, Paragraph II of the Georgia Constitution), which was ratified November 4, 1952, is hereby amended by adding to section 3 of the Act approved February 11, 1955 (Ga. L. 1955, p. 170), the following provision: The terms of office of each present member of said authority are hereby extended for a period of one additional year from the date of appointment of said member. After the expiration of the extended term of office, no member of said authority shall be eligible for succession or re-appointment. All new appointments shall be

Page 2959

for a term of five years only and any appointment to fill a vacancy on said authority shall constitute a new appointment and shall be for a period of five years and any member so appointed shall not be eligible for re-appointment or succession. Terms of members. 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, Sophia Herrell, Secretary, Savannah News-Press, Inc., who on oath deposes and says that 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, that the following State of Georgia, Chatham County. Notice is hereby given of intention to introduce legislation at the 1961 session of the General Assembly of Georgia relative to the following matters: (a) Legislation affecting the charter of the mayor and aldermen of the City of Savannah with respect to its territorial boundaries. (b) Legislation affecting the mayor and aldermen of the City of Savannah and the Commissioners of Chatham County with respect to the creation of a commission to study the governmental functions of said city and county and to make recommendations relative thereto. (c) Legislation affecting the charter of the mayor and aldermen of the City of Savannah and the Commissioners

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of Chatham County with regard to their police forces, the consolidation of same and the creation of a metropolitan police force and a metropolitan police commission. (d) Legislation affecting the Recorder's Court of the City of Savannah, and the Recorder's Court of Chatham County, by providing for a consolidation of the same and the creating of a Savannah Metropolitan Recorders Court. (e) Legislation affecting the Civil Service System of Chatham County by providing for a referendum by the employees covered by such Civil Service as to whether or not said Civil Service shall be continued or discontinued. (f) Legislation affecting the salaries of the judges of the Municipal Court of Savannah, the clerk of the Municipal Court of Savannah, the judge of the City Court of Savannah and the coroner of Chatham County. (g) Other legislation affecting the charter of the mayor and aldermen of the City of Savannah and the commissioners of Chatham County. (h) Legislation affecting the Metropolitan Planning Commission of the City of Savannah and the County of Chatham, relative to the terms of office of the members thereof. (i) Legislation affecting the Savannah District Authority, relative to the terms of office of the members thereof. /s/ Ralph L. Crawford, /s/ Grady Dickey. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 24, 31, 1960 and January 7, 1961. /s/ Sophia Herrell.

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Sworn to and subscribed before me, this 13th day of January, 1961. /s/ Robbie Jo Miller, Notary Public, Chatham County, Ga. (Seal). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Ralph L. Crawford, 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 News-Press, Inc., which is the official organ of said county, on the following dates: Dec. 24 31, 1960 and Jan. 7, 1961. /s/ Ralph L. Crawford, Representative, Chatham County. Sworn to and subscribed before me, this 16th day of January, 1961. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved April 5, 1961. CITY OF CORDELECORPORATE LIMITS. No. 346 (House Bill No. 368). An Act to amend an Act creating and establishing a new charter for the City of Cordele, approved August 15, 1922 (Ga. L. 1922, p. 680), as amended, so as to increase the city limits of said city; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act creating and establishing a new charter for the City of Cordele, approved August 15, 1922 (Ga. L. 1922, p. 680), as amended, is hereby amended by inserting, following section 2 A thereof, a new section which shall be known as section 2 B, which shall read as follows: Section 2 B. In addition to the territory described in sections 2 and 2A of this Act, the corporate limits of the City of Cordele shall include the following described territory: All that territory beginning at a point in the south right of way line of 24th Avenue, said point being marked by a concrete monument in the east property line of the Crisp County High School; said point being also the north east corner of said High School Property such corner lying a distance of 1128 feet east of the west land lot line of land lot 10 in the 11th land district of Crisp County, Georgia, said point lying also in the present east city limit line of the City of Cordele; and being the point of beginning. Now proceeding from the above described point of beginning S 1 degree 00 minutes East a distance of 1210 feet to a point in the south lot line of land lot 10; proceeding thence N 89 degrees 00 minutes east a distance of 1452 feet to the southeast corner of land lot 10, said corner marked by an iron pipe stake; proceed thence N 1 degree 0 minutes west a distance of 890 feet along the east lot line of land lot 10 to a point 300 feet south of the intersection of said east lot line with the south right-of-way line of 24th Avenue east at the point that such right of way is 100 feet in width; now proceed thence N 89 degrees 0 minutes east a distance of 3108 feet along a line parallel to and 300 feet south of the south right of way line of 24th Avenue across land lot 23 to a point in the east right of way line of Georgia Highway 90 such point being and lying 50 feet east and 350 feet south of the intersection of the center line of 24th Avenue and the center line of Ga. 90 (Relocated). Now proceed thence N 1 degree 00 minutes west a

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distance of 2910 feet along the east right of way line of Georgia Route 90 (relocated) to a point, the intersection of said east right-of-way line with the north line of the 100 foot right of way of the Atlantic Coastline Railroad, such point being marked by an iron pipe stake and such point being the southwest corner of the Cordele Industrial Park, a property owned by the United Industrial Development Corporation. Now proceeding from said southwest corner of the Industrial Park south 74 degrees 11 minutes east a distance of 743 feet along the north right-of-way line of the A.C.L. Railroad to an iron pipe stake; proceeding thence north 1 degree 04 minutes east a distance of 564 feet to an iron pipe stake; proceed thence north 89 degrees 00 minutes east a distance of 2140 feet to an iron pipe stake in the east lot line of land lot 41. Now proceeding thence north 1 degree 00 minutes west a distance of 1485 feet along said east line of land lot 41 to an iron pipe stake, which marks the northeast corner of land lot 41; proceed thence farther north 1 degree 00 minutes west a distance of 1485 feet along the east lot line of land lot 40 to an iron pipe stake which marks the northeast corner of the Industrial Park. Now proceeding thence south 89 degrees 00 minutes west a distance of 1485 feet to an iron pipe stake in the east property line of lands of Dr. M. R. Smith; proceeding thence south 1 degree 00 minutes east a distance of 2270 feet along the east line of M. R. Smith to an iron pipe stake, which marks the southeast corner of said Smith property, said stake also lying in the south line of an 80 foot right of way of an unused service road to the Industrial Park; proceed thence south 89 degrees 00 minutes west a distance of 1435 feet along said north right of way line to its intersection with the east line of the 100 foot right of way of the above mentioned Georgia Highway 257; the center line of said Ga. 257 at this point being also the west lot line of 41; Now proceeding thence north 1 degree 00 minutes west a distance of 668 feet along the east right of way line

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of said Georgia 257 to the point of intersection of said line with the north line of the 80 foot right of way of 13th Avenue; proceed thence north 86 degrees 00 minutes west a distance of 501 feet along the north right of way of 13th Avenue to a point in such line 400 feet west of the west right of way line of Ga. 257. Now proceeding thence south 1 degree 00 minutes east along a line parallel to and at a distance of 400 feet west of said west right of way line a distance of 2122 feet to a point 400 feet north 9 degrees 57 minutes east of the south line of a 60 foot right of way of U. S. Route 280 (16th Avenue); proceed thence north 80 degrees 03 minutes west along a line parallel to and at a distance of 400 feet north 9 degrees 57 minutes east of said north right of way line a distance of 2718 feet to the point of intersection of such line with the west line of land lot 24. Now proceeding thence south 1 degree 00 minutes east along the west line of land lots 24 and 23, a distance of 2566 feet to the point of intersection of said lot line with the south line of the 60 foot right of way of 24th Avenue; proceeding thence south 89 degrees 00 minutes west along the south right of way line of 24th Avenue a distance of 1452 feet to a point opposite the northeast corner of the Crisp County High School property; now proceed south 1 degree 00 minutes east 60 feet to said school property, the point of beginning of this description. The property thus enclosed being 40 acres of Elvin E. East in land lot 10, 128.21 acres of C. C. Greer in land lot 23, 87.87 acres of C. C. Greer in land lot 24, 77.11 acres of United Industrial Development Corporation in land lot 41, and 50.67 acres of United Industrial Development Corporation in land lot 40; All said land lots being and lying within the elevnth land district of Crisp County, Georgia. Lots fourteen (14) and partial lots thirteen (13) and sixteen (16), block six hundred twenty-three (623),

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Southern Terrace subdivision, Cordele, Georgia, land lot number two hundred thirty-one (231), tenth (10th) land district, Crisp County, Georgia. lot twenty-two (22), block A, Edgewood Park subdivision, land lot ten (10), eleventh (11th) land district, Crisp County, Georgia. All of Highland Heights subdivision, except lot two (2) and seven (7), section G, lots six (6) and seven (7), section J, and lots 2 and 8, section K. Lot 18, block A, Edgewood Park subdivision, land lot 10, 11th land district, Crisp County, Georgia. Lot 19, block A, Edgewood Park subdivision, land lot 10, 11th land District, Crisp County, Georgia. Lot 21, block A, Edgewood Park subdivision, land lot 10, 11th land district, Crisp County, Georgia. Lots 1 and 2, block A, Pine Meadow subdivision, Cordele, Georgia, land lot 247, 10th land district, Crisp County, Georgia. All of the above described property is shown on plat of survey made by William A. Pryor, Registered Surveyor, which plat is recorded in deed book 64, page 219, in the office of the clerk of Crisp Superior Court. 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, Marvin L. Summers, who, on oath, deposes and says that he is Representative from Crisp County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch, which is the official

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organ of said county, on the following dates: January 4, 11, and 18, 1961. /s/ Marvin L. Summers Representative, Crisp County. Sworn to and subscribed before me, this 31st day of January, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Publisher's Affidavit. Georgia, Crisp County: Personally appeared before me, the undersigned attesting witness, a notary public in and for Crisp County, Georgia, E. W. Mathews, who on oath, deposes and says that he is the publisher of the Cordele Dispatch, a newspaper published in the City of Cordele, Crisp County, Georgia, in which the sheriff's advertisements for said county are published, and that the foregoing and attached notice was duly published in said newspaper once a week for three weeks, to-wit: January 4, 1961; January 11, 1961; and January 18, 1961. /s/ E. W. Mathews, Publisher of the Cordele Dispatch, Cordele, Crisp County, Georgia. Sworn to and subscribed before me, this the 31st day of January, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1961 session of the General Assembly of Georgia a bill to amend the charter of the City of Cordele, so as to increase the city limits of said city, to repeal conflicting laws, and for other purposes. No additional land will be brought into the city limits of Cordele under this bill except those lands which the owners thereof have requested in writing be brought within the city limits of the City of Cordele. The city commission of the City of Cordele has unanimously requested that this bill be introduced. This 2nd day of January, 1961. /s/ Marvin L. Summers, Representative, Crisp County. /s/ E. W. Mathews, Senator 48th District. Approved April 5, 1961. ROCKDALE COUNTYSALARY OF COMMISSIONER OF ROADS AND REVENUES. No. 348 (House Bill No. 331). An Act to amend an Act creating the office of commissioner of roads and revenues of Rockdale County, approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, particularly by an Act approved February 23, 1955 (Ga. L. 1955, p. 2433), and an Act approved March 5, 1957 (Ga. L. 1957, p. 2418), so as to increase the salary of the commissioner; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues of Rockdale County, approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, particularly by an Act approved February 23, 1955 (Ga. L. 1955, p. 2433), and an Act approved March 5, 1957 (Ga. L. 1957, p. 2418), is hereby amended by striking from section 8 the words and figures thirty-six hundred dollars ($3600.00) and substituting in lieu thereof the words and figures six thousand dollars ($6000.00), so that when so amended, section 8 shall read as follows: Section 8. The compensation of the commissioner of roads and revenues shall be six thousand dollars ($6000.00) per annum, plus the sum of two hundred dollars ($200.00) per month as expense allowance, all of which shall be payable in equal month installments from the funds of Rockdale 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 1961 session of the General Assembly of Georgia, a bill to raise the compensation of the commissioner of roads and revenues for Rockdale County; and for other purposes. This 10th day of January 1961. /s/ Clarence R. Vaughn, Jr. Rep., Rockdale County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr., who, on oath, deposes and says that he is Representative from Rockkdale County, and that the attached copy of Notice of Intention to Introduce Local

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Legislation was published in the Rockdale Citizen, which is the official organ of said county, on the following dates: Jan. 12, 19, 26, 1961. /s/ Clarence R. Vaughn, Jr. Representative, Rockdale County. Sworn to and subscribed before me, this 30th day of January, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved April 5, 1961. CITY OF SAVANNAHCORPORATE LIMITS, REFERENDUM. No. 350 (House Bill No. 245). An Act To amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, to extend the corporate limits of the City of Savannah; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enatced by the General Assembly of Georgia: Section 1. That from and after the passage of this Act and in conformity with the results of a referendum election hereinafter called the city limits of the City of Savannah known as the Mayor and Aldermen of the City of Savannah, shall, in addition to all the territory, land and improvements included in the corporate limits of the City of Savannah as of December 31, 1959, shall be extended to include the territory, land and improvements bounded on the north, east and west by the corporate

Page 2970

limits of the City of Savannah as they existed December 31, 1959 and including all the territory, land, and improvements located within the following described boundaries: Beginning at a point on the present city limits line which point is the intersection of the west right-of-way line of Skidaway Road with the projection of the south right-of-way line of the Thunderbolt Shell Road; thence in an easterly direction along said south right-of-way line of Thunderbolt Shell Road to its intersection with the west right-of-way of Placentia Canal; thence southerly along said west line of Placentia Canal to its intersection with the west right-of-way line of LaRoche Avenue; then in a south easterly direction along said west right-of-way of LaRoche Avenue to its intersection with the west right-of-way line Jasmine Avenue; thence south westerly along said west line of Jasmine Avenue to its intersection with the south right-of-way line of Bonna Bella Avenue; thence in a southerly direction along the west right-of-way line of the Old Thunderbolt-Sandfly Railway known as Howard Foss Drive to its intersection with the projection of the north right-of-way line of Intermediate Road; thence in a westerly direction along said projection and the north right-of-way line of Intermediate Road to its intersection with the west right-of-way line of Skidaway Road; thence continuing along the north right-of-way line of Intermediate Road to its intersection with the east right-of-way line of Waters Road; thence in a northerly direction along said east right-of-way line of Waters Road to its intersection with a projection of the north right-of-way line of Stephenson Avenue; thence in a westerly direction along said projection and the north right-of-way line of Stephenson Avenue to its intersection with the east right-of-way line of White Bluff Road; thence continuing in a westerly direction along a projection of the north right-of-way of Stephenson Avenue to its intersection with the east right-of-way line of Atlantic Coast Line Railroad; thence in a north easterly direction along said east right-of-way of Atlantic Coast Line Railroad to its intersection with the present city limits. Zone 1.

Page 2971

The above described area shall be known as Zone 1. The following described area shall be known as Zone 2: Beginning at the intersection of the west right-of-way line of Howard Foss Drive with the projection of the north right-of-way line of Intermediate Road; thence southwardly along said west right-of-way line of Howard Foss Drive to its intersection with the projection of the north right-of-way line of Montgomery Cross Road; thence westwardly along said projection and north right-of-way line of Montgomery Cross Road to its intersection with the West right-of-way line of the White Bluff Road; thence westwardly along the north right-of-way of the Buckhalter Road and the projection of said north right-of-way line to its intersection with the east right-of-way line of the Atlantic Coast Line Railroad; thence north eastwardly along said east right-of-way line to its intersection with the projection of the north right-of-way line of Stevenson Avenue. Zone 2. Section 2. The mayor and aldermen of the City of Savannah, shall determine the cost of any storm or sanitary sewer facilities and water lines which may have been installed in any area annexed to the corporate limits of the City of Savannah by this Act. Said cost shall be the actual cost to the person, firm or corporation which installed the same. In order to determine cost, the mayor and aldermen of the City of Savannah may require said person, firm or corporation to produce for examination any contracts, invoices, or other written evidence of such cost. When any such facilities shall be used by the mayor and aldermen of the City of Savannah in connection with the providing of sanitary or storm sewer services or water services within said area, the mayor and aldermen of the City of Savannah shall depreciate said cost of such facility or facilities by 10% for each year prior to January 1, 1961, or major fraction thereof since the installation of such facility or facilities and issue a tax credit in the amount of the depreciated value to such person, firm or corporation which shall have paid for

Page 2972

such installation, provide such person, firm or corporation is still the owner of such facility or facilities and has not previously agreed to convey the same to the city. Such tax credit shall be in such written form as may be prescribed by the mayor and aldermen of the City of Savannah and shall be transferable by the holder on the books of the tax officials of the City of Savannah in such manner as may be by ordinance provided. Such tax credit may be used to the extent of not more than 20% of the face value thereof per annum as a credit on any ad valorem taxes on real or personal property due to the mayor and aldermen of the City of Savannah by the holder thereof for any calendar year. Provided, however, that any person, firm or corporation who subsequently assumed the cost of installation in whole or in part shall be entitled to issuance of tax credits pro rata, said tax credits may be used by the holder thereof in payment of real or personal property taxes due the City of Savannah. Cost of utilities, tax credits. Section 3. The issuance of tax credits in the manner provided in the preceding section shall operate conclusively as a final and complete release of the mayor and aldermen of the City of Savannah from any claims by any persons, firms or corporations for compensation for such facilities. Intent. Section 4. In the event of disagreement between the mayor and aldermen of the City of Savannah and any such person, firm or corporation, the issue shall be submitted to arbitration as provided by the law of Georgia. Arbitration. Section 5. No real or personal property located within either Zone 1 or Zone 2 shall be subject to taxation by the mayor and aldermen of the City of Savannah except on the following basis. When sewage service has been furnished to a property owner, said property owner may be taxed to the extent of 33[UNK]% of the normal tax. When garbage disposal has been furnished at least three times a week without charge, an additional 33[UNK]% may be collected, and when the combination of the three services consisting of fire protection, police protection,

Page 2973

and street lighting have been furnished, the remaining 33[UNK]% of the normal tax may be collected. Taxes. Section 6. No business or person doing business in said territory annexed to the City of Savannah by virtue of this Act shall be required to pay a city business or occupation tax during the calendar year 1961, provided such business or person doing business shall pay or shall have paid the proper business or occupational license or tax to Chatham County. Business licenses. Section 7. If any provision of this law or its application Section 8. A referendum election shall be held on the 10th day of May, 1961 and it shall be the duty of the Ordinary of Chatham County to issue the call for said election by publishing in the newspaper in which the Sheriff's advertisements are carried a notice to the public giving the date and purpose of said election once a week for two weeks prior to the date of said election for the purpose of submitting this Act to the voters within the present corporate limits of the City of Savannah and to the voters within the proposed annexed areas composed of zone 1 and zone 2 hereinbefore described for the purpose of submitting this Act for their approval or rejection. Said election shall be held at the expense of the mayor and aldermen of the City of Savannah. The ballot and/or voting machine used in said election shall be written or printed thereon the words For Annexation and shall also display the words written or printed Referendum. Against Annexation. All voters desiring to vote in favor of this Act shall vote for annexation and those voters desiring to vote

Page 2974

rejection of this Act shall vote against annexation. The persons qualified to vote in said election shall be those persons residing within the corporate limits of Savannah and within zones 1 and 2 who are qualified to vote for members of the General Assembly. A separate tabulation and consolidation of the votes cast in the incorporated area of Savannah and in zones 1 and 2 proposed to be annexed shall be made. If a majority of the qualified voters voting in said election in the corporate limits of Savannah and if a majority of the qualified voters voting in said election in zone 1 shall vote in favor of annexation, zone 1 shall be annexed. In the event a majority of the qualified voters voting in said election in either the corporate limits of the city of Savannah or in zone 1 vote against annexation, zone 1 shall not be annexed and this Act shall be void and of no force and effect. In the event a majority of the qualified voters who vote in said election in zone 2 vote in favor of annexation, said vote shall have no force or effect unless zone 1 has voted to become annexed as set forth above. Zone 2 shall not become a part of the city limits of Savannah unless zone 1 becomes a part of the city limits of Savannah. In the event a majority of the qualified voters in zone 2 voting in said election vote against annexation, zone 2 shall not become a part of the city limits notwithstanding an affirmative vote in zone 1 and in the corporate limits of Savannah. Section 9. The provisions of this Act shall become effective only upon the approval of the voters in each separate area affected and the proper certification thereof has been made to the Secretary of State, except as otherwise herein provided. Effective date. Section 10. 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, Sophia Herrell, Secretary, Savannah News-Press, Inc., who on oath deposes and says that Savannah

Page 2975

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, that the following State of Georgia, Chatham County. Notice is hereby given of intention to introduce legislation at the 1961 session of the General Assembly of Georgia relative to the following matters: (a) Legislation affecting the charter of the mayor and aldermen of the City of Savannah with respect to its territorial boundaries. (b) Legislation affecting the mayor and aldermen of the City of Savannah and the commissioners of Chatham County with respect to the creation of a commission to study the governmental functions of said city and county and to make recommendations relative thereto. (c) Legislation affecting the charter of the mayor and aldermen of the City of Savannah and the Commissioners of Chatham County with regard to their police forces, the consolidation of same and the creation of a metropolitan police force and a metropolitan police commission. (d) Legislation affecting the recorder's court of the City of Savannah, and the recorder's court of Chatham County, by providing for a consolidation of the same and the creating of a Savannah Metropolitan Recorder's Court. (e) Legislation affecting the civil service system of Chatham County by providing for a referendum by the employees covered by such civil service as to whether or not said civil service shall be continued or discontinued. (f) Legislation affecting the salaries of the judges of

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the Municipal Court of Savannah, the Clerk of the Municipal Court of Savannah, the judge of the City Court of Savannah and the coroner of Chatham County. (g) Other legislation affecting the charter of the mayor and aldermen of the City of Savannah and the Commissioners of Chatham County. (h) Legislation affecting the Metropolitan Planning Commission of the City of Savannah and the County of Chatham, relative to the terms of office of the members thereof. (i) Legislation affecting the Savannah District Authority, relative to the terms of office of the members thereof. /s/ Ralph L. Crawford, /s/ Grady Dickey. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 24, 31, 1960 and January 7, 1961. /s/ Sophia Herrell Sworn to and subscribed before me, this 13th day of January, 1961. /s/ Robbie Jo Miller Notary Public, Chatham County, Ga. My Commission expires Mar. 24, 1964. (Seal). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Ralph L. Crawford, 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 News-Press,

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Inc., which is the official organ of said county, on the following dates: December 24 31, 1960 and Jan. 7, 1961. /s/ Ralph L. Crawford Representative, Chatham County. Sworn to and subscribed before me, this 24 day of January, 1961. /s/ Frances Y. Read Notary Public. (Seal). Approved April 5, 1961. BROOKS COUNTYSHERIFF PLACED ON SALARY BASIS. No. 351 (House Bill No. 668). An Act to place the compensation of the sheriff of Brooks County on a salary basis in lieu of a fee basis; to provide for the disposition of fees, costs, and other perquisites; to fix the salary of said sheriff, reserve certain fees, and establish a procedure for collection of operational expenses and the hiring of deputy sheriffs; to require Brooks County to furnish, maintain and pay the reasonable operating expenses of a car for the sheriff's office; 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 of Brooks County is hereby placed on a salary basis in lieu of a fee basis. The compensation provided for hereinafter for said official, except as provided for in section 2 of this Act, shall be in lieu of all fees, costs, percentages, fines, forfeitures, commissions, penalties and all other

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perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by said official. All such fees, costs, percentages, forfeitures, commissions, penalties and other perquisites shall be received and collected by said official for the sole use of Brooks County and shall be the property of Brooks County. Such funds shall be held as public funds belonging to Brooks County and shall be accounted for and paid to the fiscal authority of Brooks County on or before the fifth day of each month for the immediately preceding month, accompanied by a statement, under oath, showing the collections and sources from which collected. The fiscal authority of Brooks County shall not pay the monthly compensation to said official herein placed on a salary basis in lieu of a fee basis by this Act until such funds are received by said authority. Placed on salary. Section 2. The sheriff shall be compensated in the amount of seventy-two hundred ($7,200.00) dollars per annum, to be paid in equal monthly installments from the funds of Brooks County. The sheriff shall receive turnkey fees and board for the prisoners at the county jail, said fees and board to be paid from the funds of Brooks County. The sheriff shall submit monthly an itemized statement of such other expenses necessary to the proper operation of the sheriff's office to the clerk of the Board of County Commissioners on or before the fifth day of each month for the immediately preceding month. Said board shall approve and authorize payment from the county funds those expenses it deems necessary to the proper operation of said sheriff's office. The sheriff shall submit requests and recommendations for employment of deputies to the board of county commissioners. Said board shall either authorize or refuse in whole or in part the requests and recommendations for employment of said deputies. Said board shall fix the salaries and other expenses to be paid from county funds to such deputies it authorizes to be employed. Brooks County shall furnish, maintain, and pay the reasonable operational expenses of a motor vehicle, properly equipped for police duty, for the use of the office of sheriff. Salary, etc.

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Section 3. This Act shall take effect on January 1, 1962. Effective date. Section 4. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. February 25, 1961 To Whom It May Concern: This is to certify that the attached legal notice of intention to introduce local legislation to place the Brooks County sheriff's office on a salary basis, into the 1961 session of the Georgia General Assembly was duly published in three consecutive issues of the Quitman Free Press, official publication of Brooks County, Georgia, namely issues of February 9, February 16th, and February 23rd. /s/ Royal Daniel, Jr., Publisher Quitman Free Press, Quitman, Ga. Feb. 25, 1961. Sworn before me: /s/ Jerry T. Wilson Notary Public. Date, Feb. 25, 1961. (Seal). Legal Notice. Notice is hereby given that we intend to ask the Brooks County members of the General Assembly to introduce local legislation to place the Brooks County sheriff's office on salary during the 1961 session of the Georgia General Assembly. /s/ Homer Howard, Chairman Brooks County Commissioners. Approved April 5, 1961.

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CITY COURT OF CARROLLTONJUDGE'S COMPENSATION. No. 352 (House Bill No. 182). An Act to amend an Act, relating to the establishment of the City Court of Carrollton, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, by an Act approved August 6, 1912, (Ga. L. 1912, p. 193), and by an Act approved August 11, 1924 (Ga. L. 1924, p. 229), and by an Act approved March 10, 1959 (Ga. L. 1959, p. 2869), so as to provide for a change in the compensation of the judge of the City Court of Carrollton; to abolish the office of judge emeritus of the City Court of Carrollton; to specifically repeal an Act approved February 21, 1951 (Ga. L. 1951, p. 3299); to specifically repeal an Act approved March 2, 1953 (Ga. L. 1953, p. 2973); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the establishment of the City Court of Carrollton, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, by an Act approved August 6, 1912 (Ga. L. 1912, p. 193), and by an Act approved August 11, 1924 (Ga. L. 1924, p. 229), and by an Act approved March 10, 1959 (Ga. L. 1959, p. 2869), is hereby amended by striking from section 4 of said Act the words two thousand, and substituting in lieu thereof the words six thousand, so that said section 4, when so amended shall read as follows: Section 4. Be it further enacted, That there shall be a judge of said city court, to be elected by the people at an election held for that purpose, to be called by the Ordinary of said county, giving notice of said election in at least two newspapers published in said county for thirty days prior to the date of said election. All persons qualified to vote for members of the General Assembly shall be qualified to vote in said election to be held in the same manner as election for members of the General

Page 2981

Assembly, the returns to be made to the Ordinary, and he shall consolidate the vote and declare the result. The term of office of said judge shall be for four years, but the judge elected at the special election herein provided for shall hold his office until the October election for members of the General Assembly in 1900, at which time his successor shall be elected, and every four years thereafter. The judge of said city court shall receive a salary of six thousand ($6,000.00) dollars per annum, to be paid monthly out of the treasury of said county. All vacancies for any unexpired term shall be filled by special election to be held for that purpose, to be called by the Ordinary of said county, to be held as other county elections. Section 2. Said Act is further amended by striking from said Act, section 4A and section 33A in their entirety. Prior Acts repealed. Section 3. An Act providing for an increase in the salary of the judge of the City Court of Carrollton approved February 21, 1951 (Ga. L. 1951, p. 3299), is hereby repealed in its entirety. Same. Section 4. An Act relating to a change in compensation of the judge of the City Court of Carrollton approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2937) is hereby repealed in its entirety. Same. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Carroll County: Notice of Local Legislation. Notice is hereby given as provided by the Constitution of the State of Georgia, that a bill will be introduced at the next session of the General Assembly of the State of Georgia amending the Act creating the City Court of Carrollton so as to increase the salary of the judge of

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the city court as provided by said Act and all amendatory Acts thereof. This 14th day of December, 1960. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961, session of the General Assembly of Georgia, a bill to repeal a bill creating the position of judge emeritus of the City Court of Carrollton, and to repeal that portion of said bill as to paying into the treasury of said Carroll county certain portions of fines and forfeitures arising in said Court; and for other purposes. /s/ Earl Staples. Affidavit. Georgia: Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian, legal organ for Carroll County. The following dates, to-wit: December 15, December 22, December 29. Sworn to on the 11th day of January, 1961. /s/ Stanley Parkman, Publisher. Sworn to and subscribed to before me, on the 11th day of January, 1961. /s/ Martha Sue Lambert, Notary Public. (Seal). Approved April 5, 1961.

Page 2983

SPALDING COUNTYCOMPENSATION PAYABLE TO COUNTY DEPOSITORY. No. 353 (House Bill No. 355). An Act to amend an Act authorizing the commissioners of roads and revenues of Spalding County of this State to designate a banking institution to act as a depository of county funds and prescribing the duties and compensation of said depository, approved August 12, 1915 (Ga. L. 1915, p. 355), as amended, particularly by an Act approved March 1, 1933 (Ga. L. 1933, p. 658), so as to change the maximum amount of annual compensation that said commissioners of roads and revenues shall be authorized to pay the county depository by agreement with the depository; 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 caption hereof be, and it is, hereby amended as follows: Section 1. That section 7 of said Act be and the same is hereby amended by striking the words, to-wit: six hundred dollars per annum in the fifth and sixth lines of said section 7, and substituting in lieu thereof the words, to-wit: twelve hundred dollars per annum, so that said section 7 when so amended shall read as follows: Sec. 7. Be it further enacted, that the commissioners of roads and revenues shall be authorized to pay said county depository a reasonable compensation, to be agreed upon by them; provided, that in no case shall the compensation of the county depository exceed the sum of twelve hundred dollars per annum. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Page 2984

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1961 session of the General Assembly of Georgia, which convened on the 9th day of January, 1961, a bill to provide for a change in the compensation authorized to be paid to the county depository of Spalding County, Georgia; to repeal conflicting laws of other purposes. This the 9th day of January, 1961. /s/ Maureen C. Jackson, As Clerk of Commissioners of Roads and Revenue of Spalding County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton, who, on oath, deposes and says that he is Representative 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 14, 1961; January 21, 1961; and January 28, 1961. /s/ Arthur K. Bolton Representative, Spalding County. Sworn to and subscribed before me, this 30th day of January, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved April 5, 1961.

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CITY OF MARIETTACHARTER AMENDED. No. 355 (House Bill No. 632). 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 March 13, 1957 (Ga. L. 1957, p. 3102), and particularly by an Act approved February 18, 1960 (Ga. L. 1960, p. 2173), so as to authorize the governing authority of said city, in its discretion, to expend any monies derived from the street improvement bond issue of January, 1960, or from general funds, to improve and pave the streets and sidewalks, curbs and gutter within the area known as Southern Tech campus, or elsewhere within the corporate limits; to change certain provisions relating to the policemen and firemen's pension fund; to add to and enlarge the corporate limits; 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, is hereby amended as follows: The governing authority of said municipality, in its discretion, is hereby authorized to use and expend any monies derived from the street improvement bond issue of January, 1961, or from general funds, to improve and pave the streets and sidewalks, curbs and gutters within the area of said city known as the Southern Tech campus, and at such other places within the corporate liimts as may be required for the general welfare of the citizens of the city. Paving of streets, etc. Section 2. Said Act, as amended, particularly as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 3102), is hereby amended by repealing section 1-I of the amendatory Act of 1957 in its entirety and by substituting therefor a new section to be designated section 1-I, to read as follows:

Page 2986

Section 1-I. The beneficiary of any participating employee who shall die shall be entitled to receive from the fund the actual amount of money that the employee has paid into the fund, less any amounts received by such participating employee as benefits under this Act, provided that under no circumstances will any amount be due the fund from the beneficiary or estate of such participating employee. Pension fund. Section 3. Said Act, as amended, particularly as amended by an Act approved February 18, 1960 (Ga. L. 1960, p. 2173), is further amended by adding to the end of section 2 thereof a section to be designated section 2A, as follows: Section 2A. In addition to the area embraced within the corporate limits described in section 2, the corporate limits of the City of Marietta shall include all that area embraced and lying within the following boundary lines: Corporate limits. Tract No. 1 . All that tract or parcel of land lying and being in land lot 1153, of the 16th district and second section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the west right of way line of Mountain View Drive and the eastern boundary of land lot number 1153; said point is located 230 feet south of the northeast corner of land lot 1153; running thence south along the present city limit line of Marietta, Georgia, and the west right of way line of Mountain View Drive for a distance of 120 feet to a point and corner; running thence westerly for a distance of 175 feet to a point and corner; running thence northerly for a distance of 120 feet to a point and corner; running thence easterly for a distance of 175 feet to the west right of way line of Mountain View Drive and the point of beginning. Tract No. 2 . All that tract or parcel of land lying and being in land lot no. 1240 and 1209, of the 16th

Page 2987

district and second section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the north right of way line of Power's Ferry Road, said point being located 787.5 feet southeast of the intersection of the north right of way line of Power's Ferry Road and the south right of way line of Roswell Road; the beginning point is also the southwest corner of lot 10, of the Hattie D. and O. L. Dickerson subdivision, as shown on a plat recorded in plat book 4, page 164, Cobb County records; running thence northeasterly along the present city limit line of Marietta, Georgia, and the western boundary of lot no. 10, of the Hattie D. and O. L. Dickerson subdivision, for a distance of 176.0 feet to the southeast corner of lot 24, of said subdivision; thence running northwesterly along the present city limit line of Marietta, Georgia, and the southern boundary of lot no. 24, for a distance of 50.0 feet to the southeast corner of lot no. 25, of said subdivision; running thence northeasterly along the present city limit line of Marietta, Georgia, and the eastern boundary of lot no. 25 for a distance of 168.3 feet to a point on the south right of way line of Roswell R[UNK]oad; thence running northeasterly along the present city limit line of Marietta, Georgia, and the south right of way line of Roswell Road for a distance of 319.5 feet to the northeast corner of lot no. 19 of the Hattie D. and O. L. Dickerson subdivision; thence running southwesterly along the eastern boundary of lot no. 19 for a distance of 273.0 feet to the northeast corner of lot no. 14 and to a point on the present city limit line of Marietta, Georgia; thence continuing southwesterly along the present city limit line of Marietta, Georgia; and the eastern boundary of lot no. 14 for a distance of 211.0 feet to a point on the north right of way line of Power's Ferry Road; thence running northwesterly along the present city limit line of Marietta, Georgia, and the north right of way line of Power's Ferry Road for a distance of 150.0 feet to the southeast corner of lot no. 11, of the Hattie D. and O. L. Dickerson subdivision; thence running northeasterly along the present city limit line of Marietta, Georgia, and the eastern boundary of lot 11

Page 2988

for a distance of 190.0 feet to the southeast corner of lot no. 22 of said subdivision; thence running northwesterly along the present city limit line of Marietta, Georgia, and the southern boundary of lot no. 22 for a distance of 50.0 feet to the northeast corner of lot no. 10 of the Hattie D. and O. L. Dickerson subdivision; thence running southwesterly along the present city limit line of Marietta, Georgia and the eastern boundary of lot no 10 for a distance of 183.0 feet to a point on the north right of way line of Power's Ferry Road; thence running northwesterly along the north right of way line of Power's Ferry Road for a distance of 50.0 feet to the southwest corner of lot no. 10 of the Hattie D. and O. L. Dickerson subdivision and the point of beginning. The above described property consists of lots no. 10, 12, 13, 14, 19, 20, 21, 22, 23 and 24 of the Hattie D. and O. L. Dickerson subdivision, as is shown clearly on a plat made by J. P. Phillips, Surveyor, dated April 1941, and recorded in plat book 4, page 164, Cobb County records. Tract No. 3 . All that tract or parcel of land lying and being in land lot numbers 1239 and 1282, of the 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of south right of way line of Wylie Drive, and the east right of way line of Frey's Gin Road; running thence southerly along the east right of way line of Frey's Gin Road for a distance of approximately 387 feet to a point on the existing city limit line of Marietta, Georgia; running thence easterly along the present city limit line of Marietta, Georgia, for a distance of approximately 980 feet to a point on the western boundary of land lot no. 1281; running thence north along the present city limit line of Marietta, Georgia, for a distance of 730 feet to a point on the south right of way line of Wylie Drive, running thence southwesterly along the south right of way line of Wylie Drive to the intersection of the east right of way line of Frey's Gin Road and the point of beginning.

Page 2989

Tract No. 4 . All that tract or parcel of land lying and being in land lot no. 1074 of the 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point where the present city limit line of Marietta, Georgia, intersects the south right of way line of Lewis Drive, said point of beginning is also located 200 feet East of Cherokee Street extension; running thence northeasterly and easterly along the south right of way line of Lewis Drive for a distance of approximately 291.5 feet to a point, said point is located 276 feet west of the center line of Cherokee Street, as measured along the south right of way line of Lewis Drive; running thence south 8 degrees 30 minutes west for a distance of 149.5 feet to a point on the present city limit line of Marietta, Georgia; running thence northwesterly along the present city limit line of Marietta, Georgia, to the south right of way line of Lewis Drive and the point of beginning. Section 4. 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 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: December 23, 1960, December 30, 1960, and January 6, 1961. /s/ Brooks P. Smith Sworn to and subscribed before me, this 30 day of January, 1961. /s/ Thelma Kemp Notary Public, Cobb County, Georgia. My Commission expires October 10, 1963. (Seal).

Page 2990

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1961 session of the General 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 23 day of December, 1960. /s/ E. W. Teague /s/ Harold S. Willingham /s/ Joe Mack Wilson Approved April 5, 1961. TERMS OF TAX ASSESSORS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 150,000 AND NOT MORE THAN 175,000 PERSONS No. 357 (House Bill No. 214). An Act to provide that the terms of office of members of county boards of tax assessors in all counties of the State of Georgia having a population of not less than 150,000 and not more than 175,000, according to the United States Census of 1960, or any future United States Census, shall be three (3) years and until their successors are duly appointed and qualified; to provide that the passage of this Act shall not affect the terms of members of county boards of tax assessors appointed prior to the date of the passage 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 authority of the same: Section 1. That in all counties of the State of Georgia having a population of not less than 150,000 nor more than 175,000, according to the United States Census of

Page 2991

1960, or of any future United States Census, the members of the county board of tax assessors of such counties shall be appointed for a term of three (3) years and until their successors are duly appointed and qualified; provided, however, that the terms of members of county boards of tax assessors appointed prior to the date of the passage of this Act shall not be affected by the passage of this Act. Section 2. All laws, or parts of laws, in conflict with this Act are hereby repealed. Approved April 5, 1961. COMPENSATION OF TAX RECEIVERS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 5,900 AND NOT MORE THAN 6,000 PERSONS. No. 358 (House Bill No. 320). An Act to amend an Act providing the tax reciver in certain counties a percentage of the ad valorem school taxes collected by said official, approved February 8, 1961 (Ga. L. 1951, p. 69), so as to change the population and census figures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing the tax receiver in certain counties a percentage of the ad valorem school taxes collected by said official, approved February 8, 1951 (Ga. L. 1951, p. 69), is hereby amended by striking from the title the following: 5,975 and not more than 6,500, according to the United States census of 1950, and all and substituting in lieu thereof the following:

Page 2992

5,900 and not more than 6,000, according to the United States census of 1960, or any, so that when so amended, the title of said Act shall read as follows: An Act to provide that the tax receiver in all counties of the State having a population of not less than 5,900 and not more than 6,000, according to the United States census of 1960, or any future United States censuses, shall be paid from ad valorem school tax collected for the county board of education a commission of two and one-half per cent of the net amount collected by the county tax collector; and for other purposes. Section 2. Said Act is further amended by striking from section 1 the following: 5,975 and not more than 6,500, according to the United States census of 1950, and all and substituting in lieu thereof the following: 5,900 and not more than 6,000, according to the United States census of 1960, or any, so that when so amended, Section 1 shall read as follows: Section 1. That from and after the passage of this Act the tax receiver in all counties of the State having a population of not less than 5,900 and not more than 6,000, according to the United States census of 1960, or any future United States censuses, shall be paid from the ad valorem school tax collected for the county board of education a commission of two and one-half per cent of the net amount collected. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

Page 2993

CONDEMNATION OF FIRE STATION SITES BY COUNTIES HAVING POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 PERSONS. No. 361 (House Bill No. 696). An Act to authorize counties having a population of 250,000 and not more than 500,000, according to the 1960 United States Census or any future census, to acquire through the exercise of the power of eminent domain private property for fire station sites, appurtenances and parking areas incidental thereto; to provide that the procedure for condemnation of such property shall follow the procedures in chapters 36-1 through 36-6, chapter 36-11 of the Code of Georgia of 1933, or any and all other procedures now or hereafter authorized by law to persons or corporations having the privilege of exercising the right of eminent domain; to repeal conflicting laws and for othert purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act all counties having a population of 250,000 and not more than 500,000, according to the United States Census of 1960, or any future census, shall be, and they are hereby, authorized to acquire, take and damage private property for fire station sites, appurtenances, parking areas incidental thereto and to provide for the housing of personnel, the storing and parking of fire fighting equipment and all things incidental or necessary to the maintenance and operation of a fire prevention system. Condemnation proceedings for the acquisition of such property shall be in accordance with the provisions contained in chapters 36-1 through 36-6, Chapter 36-11 of the Code of Georgia of 1933 or any and all other procedures now or hereafter granted by law to persons or corporations having the privilege of exercising the right of eminent domain.

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Section 2. Should any part or portion of this Act be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining portions hereof shall not be affected thereby but shall remain in full force and effect. Severability. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961. CITY OF FORSYTHCHARTER AMENDED, REFERENDUM. No. 363 (House Bill No. 361). An Act to amend an Act relating to the incorporation of the City of Forsyth, approved December 18, 1902 (Ga. L. 1902, p. 427), as amended by an Act approved February 11, 1937 (Ga. L. 1937, p. 1905), an Act approved December 16, 1937 (Ga. L. 1937-38 Ex. Sess. p. 1111), an Act approved January 10, 1938 (Ga. L. 1937-38 Ex. Sess. p. 1113), an Act approved March 12, 1941 (Ga. L. 1941, p. 1451), an Act approved February 14, 1950 (Ga. L. 1950, p. 2377), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2759), so as to provide for a change in the term of the office of mayor of the City of Forsyth; to provide for a change in the distance from the corporate limits of the City of Forsyth over which said city shall have authority to construct, maintain and operate water lines; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the incorporation of the City of Forsyth, approved December 18, 1902 (Ga. L. 1902, p. 427), as amended by an Act approved February 11, 1937 (Ga. L. 1937, p. 1905), an Act approved December

Page 2995

16, 1937 (Ga. L. 1937-38 Ex. Sess. p. 1111), an Act approved January 10, 1938 (Ga. L. 1937-38 Ex. Sess. p. 1113), an Act approved March 12, 1941 (Ga. L. 1941, p. 1451), an Act approved February 14, 1950 (Ga. L. 1950, p. 2377) and an Act approved March 10, 1959 (Ga. L. 1959, p. 2759), is hereby amended by striking section 3 of said Act in its entirety and substituting in lieu thereof a new section 3, which shall read as follows: Section 3. Be it further enacted by the authority aforesaid, That on the first Wednesday in December, 1961, an election for the mayor and the positions of the three aldermen whose terms expire on the first Friday in January, 1962, shall be held. Both the mayor and aldermen then elected shall serve for a term of two years. Those aldermen whose terms do not expire until the first Friday in January, 1963, shall continue until that time and their positions shall be filled at an election held on the first Wednesday in December, 1962. Thereafter, there shall be an election each year on the first Wednesday in December to fill those vacancies occurring by expiration. At said annual election all male citizens of said city, who shall have resided within the County of Monroe for the period of six months immediately next preceding said election and within the limits of said city thirty days immediately preceding said election, and who may be entitled to vote for members of the General Assembly of this State, and paid all taxes required of them by said city which may be due, shall be entitled to vote at said election; that said election shall be under the management and control of a justice of the peace, or a notary public ex officio justice of the peace and two freeholders, or all of managers shall residents of said city; that said managers shall be elected by the mayor and aldermen of said city then in office; that the managers of said election shall appoint the necessary number of clerks and shall, together with said clerks, receive such compensation as may be agreed upon by the mayor and aldermen, not exceeding three dollars per day each; that the managers of election in said city shall take, before some officer authorized by law to administer oaths, or administer to each other the following oath:

Page 2996

We do solemnly swear, or affirm, that we will faithfully perform the duties of managers of said election to the best of our ability; prevent illegal or fraudulent voting, without fear or favor; so help us God. Mayor and aldermen. Section 2. Said Act is further amended by striking section 5 from said Act in its entirety and substituting in lieu thereof a new section 5, to read as follows: Section 5. Be it enacted by the authority aforesaid, That the mayor and three aldermen to be elected on the first Wednesday in December, 1961, and to qualify for said offices on the first Friday in January, 1962, shall hold said offices for the terms to which they were respectively elected, viz: The mayor for two years from the date of his qualification, and the aldermen two years from the date of their qualification aforesaid; that the three aldermen now holding office in said city whose terms will expire on the first Friday in January, 1963, shall hold their office until the expiration of their respective terms; that the successors of said aldermen shall be elected on the first Wednesday in December, 1962, in the manner provided in sections 3 and 4 of this Act; That any vacancies in the offices mentioned in this section caused by death or otherwise shall be filled in the manner hereinafter provided. Same, terms. Section 3. Said Act is further amended by striking section 7 from said Act in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. Be it enacted by the authority aforesaid, That before entering upon the duties of the aforesaid offices the persons elected thereto shall take and subscribe to the following oath: We,, do solemnly swear that we will, to the best of our ability, discharge the duties offor the city of Forsyth during our continuance in office; so help us God. Any person authorized by law, or the acting mayor of said city, shall administer said oath. That the mayor and aldermen and other officers provided for in this Act, that are elected at the annual elections as provided for in Section

Page 2997

3 of this Act shall hold the offices to which they are respectively elected for the following terms: The mayor two years from the first Friday in January succeeding his election, or until his successor is elected and qualified, and the aldermen two years from the first Friday in January succeeding their election, or until their successors are elected and qualified. Oath. Section 4. Said Act is further amended by striking from section 42-(a) the word three and substituting in lieu thereof the word ten, so that said section when so amended shall read as follows: Section 42-(a). That from and after the passage of this Act the City of Forsyth, Georgia, shall have the power and authority to extend, construct, maintain, and operate its water, sewerage, electric light and power lines and systems for a distance of not over ten miles in all directions beyond the corporate limits of said city, as the same now exist or may hereafter be established; and that said City of Forsyth shall have authority to furnish water, lights, power and sewerage connections to persons, firms, and corporations within and without the corporate limits of said city, and to charge for the same; to purchase electrical current from any source, either within or without the city limits of Forsyth; to make reasonable rules and regulations and may make different charges for the use of such utilities within and without the corporate limits of said city. Utilities. Section 5. Said Act is further amended by striking from section 42-(b) the word three and substituting in lieu thereof the word ten, so that said section when so amended shall read as follows: Section 42-(b). That the City of Forsyth is hereby authorized and empowered to acquire, by contract, purchase, or condemnation, any real estate, rights-of-way, easements, and privileges for water, sewerage, electric lights and power lines and systems within the corporate limits of said city, and without the corporate limits of said city within a distance of ten miles in any direction6

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beyond the corporate limits of said city as the same now exist or may be hereafter established. Section 6. Not less than twenty (20) days after the date of approval of this Act by the Governor, or after it otherwise becomes law, but not later than the next city primary, it shall be the duty of the mayor and alderman of the City of Forsyth to issue a call for and conduct an election for the purpose of submitting the changes of the Forsyth city charter contained in sections 1, 2 and 3 of this Act to the voters of the City of Forsyth for approval or rejection. The mayor and alderman 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 Monroe County. The ballot shall have written or printed thereon the words: For approval of the Act extending the term of office for the Mayor of the City of Forsyth from one year to two years. Referendum. Against approval of the Act extending the term of office for the Mayor of the City of Forsyth from one year to two years. 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 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 Forsyth. It shall be the duty of the mayor and alderman 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 alderman to canvass the returns and declare and certify the result of the election. It shall be

Page 2999

their further duty to certify the result thereof to the Secretary of State. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Georgia, Monroe County. Notice is hereby given of the intention to have introduced in the 1961 session of the Georgia General Assembly legislation to amend Article II, sections five and seven of the charter of the City of Forsyth so as to provide for the changing of the term of office for the mayor of said city from one year to two years effective January, 1962; and to amend Article XIII, sections one and two so as to provide for extending the distance from the corporate limits of said city over which the said city shall have the authority to construct, maintain and operate water lines to ten miles and to extend to ten miles from the corporate limits of the City of Forsyth the said city's authority to acquire by contract, purchase, or condemnation lands for public purposes. The Mayor and Aldermen of the City of Forsyth Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold Clarke, 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: Jan. 12, 19, 26, 1961. /s/ Harold G. Clarke Representative, Morgan County.

Page 3000

Sworn to and subscribed before me, this 31st day of January, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large My Commission expires Mar. 17, 1964. (Seal). Approved April 5, 1961. DUTIES OF JURY COMMISSIONERS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 POPULATION. No. 364 (House Bill No. 302). An Act to amend an Act approved February 12, 1952, (Ga. L. 1952, p. 99, et. seq.), requiring jury commissioners in counties having a population of not less than 120,000 and not more than 145,000, according to the 1950 United States census, or any future United States Census, in all future registers of the traverse jury list to place all tickets containing the names of traverse jurors in one box for the use of superior courts in said counties and that no such tickets are to be placed in any other traverse jury box for use in any other court in such counties; to provide that traverse jurors' names for use in any court in such counties except the ordinary, coroner and justices of the peace shall be drawn from such jury box by the judge or judges of such courts; to provide for the manner of services of jurors; to provide that all other jury boxes in such counties shall be destroyed and the box prepared for the superior court shall be used by all courts qualifying hereunder so as to delete from said Act and the caption thereof the figures and language, 120,000 and not more than 145,000 according to the 1950 United States census, and to insert in lieu thereof the figures and language, 250,000 and not more than 500,000 according

Page 3001

to the 1960 United States census, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act an Act approved February 12, 1952, (Ga. L. 1952, p. 99, et. seq.) requiring jury commissioners in counties having a population of not less than 120,000 and not more than 145,000, according to the 1950 United States census, or any future United States census, in all future registers of the traverse jury list to place all tickets containing the names of traverse jurors in one box for the use of superior courts in said counties and that no such tickets are to be place in any other traverse jury box for use in any other court in such counties; to provide that traverse jurors' names for use in any court in such counties except the ordinary, coroner and justices of the peace shall be drawn from such jury box by the judge or judges of such courts; to provide for the manner of services of jurors; to provide that all other jury boxes in such counties shall be destroyed and the box prepared for the superior court shall be used by all courts qualifying hereunder be, and the same is hereby, amended by deleting from said Act and the caption thereof, wherever the same shall appear, the figures and language, 120,000 and not more than 145,000 according to the 1950 United States census, and inserting in lieu thereof the figures and language as follows, 250,000 and not more than 500,000, according to the 1960 United States census so that the provisions of said Act, as amended, shall be applicable in counties having a population of not less than 250,000 and not more than 500,000 according to the 1960 United States census or any future census. Section 2. That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved April 5, 1961.

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CITY OF WAYCROSSARBITRATION OF TAX ASSESSMENTS. No. 365 (House Bill No. 330). An Act to amend the Act of the General Assembly of Georgia approved August 1, 1929 (Ga. L. 1929, p. 1453), amending the charter of the City of Waycross, and creating a board of tax assessors for said city, and providing a system for returning property for taxation to the said city, by striking section 12 of said Act and substituting in lieu thereof a new section 12, providing for arbitration of tax assessments and providing rules of procedure in connection therewith; 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 as follows: Section 1. The Act of the General Assembly of Georgia approved August 1, 1929 (Ga. L. 1929, p. 1453), amending the charter of the City of Waycross, and creating a board of tax assessors for said city, and providing a system for returning property for taxation to the said city, is hereby amended by striking in its entirety section 12 of said Act and substituting in lieu thereof a new section 12, which shall read as follows: Section 12. If any taxpayer of the City of Waycross, after his property has been assessed by the board of tax assessors for taxation by said city, being dissatisfied with such assessment, appeals the decision of the board of tax assessors to the city commission as provided for hereinbefore, and is still dissatisfied with the decision of the commission on said appeal, then said taxpayer may, within 10 days from the rendering of said decision by the commission, give written notice, addressed to the commission and delivered to the mayor or the clerk, that he demands that the question be submitted to arbitration, giving at the same time the name of his arbitrator; the commission shall name its arbitrator within five days

Page 3003

thereafter; the said arbitrators shall be taxpayers of the City of Waycross who are disinterested in the results of the question to be arbitrated; the question of the valuation or assessments shall then be submitted to said arbitrators who shall fix the assessments on the property in dispute, and their decision shall be final and entered upon the tax books of said city as the assessment on the property in dispute for the current year. In the event the two arbitrators named as above are unable to agree within 10 days after the naming of the arbitrator by the commission, then the two arbitrators shall select a third taxpayer of said city as a third member of said board of arbitration, and the decision of the majority of said arbitrators shall be controlling. In the event the two arbitrators provided for in this section fail to name a third within 15 days after their appointment, he shall be named by the judge of the Superior Court of Ware County upon petition of one or more of the arbitrators. Before entering upon a hearing the arbitrators shall take an oath before the city clerk or before the chairman of the board of tax assessors, who are hereby authorized to administer oaths, or any other person authorized by law to administer oaths, that they will faithfully and impartially make a true and just assessment of the tax returns and property in question, and will determine the matters submitted to them, according to law and justice and the equity of the case. The said arbitrators shall have all the powers to require the attendance of witnesses and the production of papers, books, and documents, for the purpose of arriving at their decision, as are conferred on the board of tax assessors in section 9 of this Act. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be, and the same are hereby repealed. Notice of Proposed Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at its session beginning in January, 1961, for the enactment of a local bill to

Page 3004

amend the Act of the General Assembly of Georgia approved August 1, 1929 (Ga. L. 1929, p. 1453), amending the charter of the City of Waycross, and creating a board of tax assessors for said city, and providing a system for returning property for taxation to the said city, by striking section 12 of said Act and substituting in lieu thereof a new section 12, providing for arbitration of tax assessments and providing rules of procedure in connection therewith; and for other purposes. City of Waycross. By /s/ Ray W. Willingham Mayor Attest: /s/ C. O. Parker Clerk Georgia, Ware County. Before me, the undersigned officer duly authorized by law to administer oaths, personally appeared Jack Williams, Jr., Editor and Publisher of Waycross Journal-Herald, the official organ of the City of Waycross and the newspaper published in Ware County, Georgia, wherein sheriff's sales are advertised and which has a general circulation in Ware County, who, first being sworn, on oath states that the above and foregoing notice of intention to apply for passage of local legislation was published in the Waycross Journal-Herald in its issues of January 7, 14, and 21, 1961. /s/ Jack Williams, Jr. Sworn to and subscribed before me, this 21st day of January, 1961. /s/ Louise Breen Notary Public, Ware County, Georgia. My Commission expires August 5, 1964. (Seal). Approved April 5, 1961.

Page 3005

CITY OF ELBERTONCORPORATE LIMITS. No. 366 (House Bill No. 473). An Act to amend an Act incorporating the City of Elberton and defining its powers, duties and form of government, approved December 19, 1896 (Ga. L. 1896, p. 148) by amending section 3 thereof, defining the corporate limits thereof, so as to redefine and extend said corporate limits; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act incorporating the City of Elberton and defining its powers, duties and form of government, approved December 19, 1896, (Ga. L. 1896, p. 148) is hereby amended by adding at the end of section 3 thereof, defining the corporate limits, the following: Said corporate limits shall also include within the city limits of Elberton, Georgia, all of that portion of the Ackerman-Hills subdivision number 2, designated as lots numbers 48, 49, 50, 51, 52 and 53 as shown by a plat of survey of said subdivision recorded in plat book 3, page 268 in the office of the clerk of the Superior Court of Elbert County, Georgia. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. State of Georgia, County of Elbert. Personally appeared before me, an officer authorized to administer oaths, G. T. Christian, who on oath states and deposes that he is the publisher of the Elberton Star, which is the official organ of Elbert County and the City of Elberton, and that the affixed notice of intention to introduce local legislation was published in said organ on January 20, January 24, and January 31, 1961.

Page 3006

To The Voters of The City of Elberton. You are hereby notified that there will be introduced at the January-February session of the General Assembly of Georgia 1961, a Bill to provide for the annexation to and the incorporation within the city limits of the City of Elberton, Georgia, lots nos. 48, 49, 50, 51, 52, and 53, of the Ackerman-Hills subdivision no. 2, as represented by a plat of survey of said subdivision which said plat is recorded in the office of the clerk of the Superior Court of Elbert County, Georgia, in plat book 3, page 268. This 2nd day of February, 1961. /s/ G. T. Christian, Publisher, Elberton Star. Sworn to and subscribed before me, this 2nd day of February, 1961. /s/ Mrs. Jean R. Seymour Notary Public, Elbert County, Ga. My Commission expires February 5, 1965. (Seal). Approved April 5, 1961. DODGE COUNTYCOMPENSATION OF COMMISSIONER'S CLERK. No. 367 (House Bill No. 443). An Act to amend an Act creating the office of commissioners of roads and revenuew of Dodge County, approved August 18, 1912, (Ga. L. 1912, p. 367), as amended, particularly by an Act approved March 25, 1958, (Ga. L. 1958, p. 3130), and by an Act approved March 9, 1959, (Ga. L. 1959, p. 2467), so as to change the compensation of the clerk of the commissioner of roads and revenues of Dodge County, Georgia; to repeal conflicting laws; and for other purposes.

Page 3007

Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. An Act creating the office of commissioner of roads and revenues for Dodge County, Georgia, approved August 18, 1912, (Ga. L. 1912, p. 367), as amended, particularly by an Act approved March 25, 1958, (Ga. L. 1958, p. 3130), and by an Act approved March 9, 1959, (Ga. L. 1959, p. 2467), is hereby amended by striking from section 6 the words and figures twenty-four hundred dollars ($2400.00) per annum and inserting in lieu thereof the words and figure three thousand one hundred twenty dollars ($3,120.00) per annum, so that when so amended section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid that said commissioner shall receiver for his compensation to be paid out of the county treasury a salary of seventy-two hundred dollars ($7200.00) 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 three thousand one hundred twenty dollars ($3,120.00) 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

Page 3008

and approval of this Act and thereafter on the first of each succeeding month. Effective date. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Dodge County. Notice is hereby given that the undersigned will apply for passage, at the January, 1961, 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 thereto so as to increase the compensation of the clerk of the commissioner of roads and revenues to the sum of $3120.00 annually, to provide how and when the same shall be paid; and for other purposes. This 4th day of January, 1961. /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 Times-Journal in the issues appearing on January 4th, 11th and 18, 1961. This January 30, 1961. /s/ E. T. Methvin

Page 3009

Sworn to and subscribed before me, this 30th day of January, 1961. /s/ Wilton D. Harrington Notary Public, Dodge County, Georgia. (Seal). Approved April 5, 1961. PURCHASING DEPARTMENTS IN COUNTIES HAVING POPULATION OF MORE THAN 500,000 PERSONS. No. 368 (House Bill No. 313). An Act to amend an Act approved March 27, 1941, (Ga. L. 1941, p. 408, et. seq.), creating a purchasing department in counties having a population of 200,00 or more by the United States census of 1940, or any future census, so as to delete said population figures and insert in lieu thereof population figures of 500,000 or more according to the United States census of 1960, or any future census, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act an Act to create and establish a purchasing department in counties having a population of 200,000 or more by the United States census of 1940, or any future census, which Act was approved March 27, 1941, (Ga. 1941, p. 408, et. seq.), be, and the same is hereby amended by deleting the following figures and language from the said Act and the caption thereof, wherever the same shall appear, 200,000 or more by the United States census of 1940 and inserting in lieu thereof the figures and language 500,000 or more by the United States census of 1960 so that said Act, when

Page 3010

amended, will be applicable in counties having a population of 500,000 or more according to the United States census of 1960, or any future census. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved April 5, 1961. CITY OF SWAINSBOROTERMS OF MAYOR AND COUNCILMEN, ELECTIONS. No. 369 (House Bill No. 264). An Act to amend an Act incorporating the City of Swainsboro in the County of Emanuel, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, particularly by an Act approved August 3, 1925 (Ga. L. 1925, p. 1473), so as to provide for a change in the hours for voting in the City of Swainsboro; to clarify the provisions relating to the terms of office and the time of election of the mayor and councilmen of said city; to repeal an Act relating to the term of office of the mayor of the City of Swainsboro, approved March 27, 1941 (Ga. L. 1941, p. 1771); 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 in the County of Emanuel, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, particularly by an Act approved August 3, 1925 (Ga. L. 1925, p. 1473), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. Be it further enacted that at the regular election to be held on the third Monday in December,

Page 3011

1941, a mayor shall be elected for a term of two years. Each two years thereafter on the third Monday in December, an election shall be held for mayor for a term of two years. Only two of the six councilmen shall be elected annually on the third Monday in December and such councilmen shall be elected for terms of three years. Terms of mayor and councilmen. Section 2. Said Act is further amended by adding a new section to be known as section 5A to read as follows: Section 5A. The polls for all elections in the City of Swainsboro shall be opened at 7:00 a.m. and shall be closed at 6:00 p.m. Hours of holding elections. Section 3. An Act relating to the term of office of the mayor of the City of Swainsboro, approved March 27, 1941 (Ga. L. 1941, p. 1771), is hereby repealed in its entirety. 1941 Act repealed. 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 1961 session of the General Assembly of Georgia, a Bill to change the hours for voting in the City of Swainsboro; and for other purposes. This 3 day of January, 1961. /s/ Grady Price, Clerk, City of Swainsboro. 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

Page 3012

was published in the Swainsboro Forest-Blade, which is the official organ of said county, on the following dates: Jan. 5, 12, 19, 1961. /s/ Geo. L. Smith II, Representative, Emanuel County. Sworn to and subscribed before me, this 25th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved April 5, 1961. COUNTY COMMISSIONERS IN COUNTIES HAVING POPULATION OF 500,000 OR MORE PERSONS. No. 372 (House Bill No. 309). An Act to amend an Act providing a uniform county commissioner's law in such counties as may require a commission form of county government composed of a board of county commissioners of roads and revenue with a county manager as the chief executive officer thereof, fixing the number of commissioners on said board and prescribing the duties of the county manager and other purposes approved August 21, 1922, (Ga. L. 1922, p. 82, et. seq.), as amended by an Act approved February 22, 1947, (Ga. L. 1947, p. 100, et. seq.), exempting counties having a population of 200,000 or more by the last United States Census or any future census from the provisions of said Act and providing that there by created in such counties the office of county manager so as to delete from said Act and the caption thereof the figure 200,000 wherever the same shall appear and insert in lieu thereof the figure 500,000, and by deleting from said Act and

Page 3013

the caption thereof wherever the same shall appear the language, by the last United States census and inserting in lieu thereof the following, according to the 1960 United States census or any future census, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act an Act to amend an Act providing a uniform county commissioners' law in such counties as may require a commission form of government composed of a board of county commissioners of roads and revenue with a county manager as the chief executive officer thereof, fixing the number of commissioners of said board and prescribing the duties of the county manager and other purposes approved August 21, 1922, (Ga. L. 1922, p. 82, et. seq.), as amended by an Act approved February 22, 1947, (Ga. L. 1947, p. 100, et. seq.), exempting counties having a population of 200,000 or more by the last United States Census or any future census from the provisions of said Act and providing that there be created in such counties the office of county manager be, and the same is hereby, amended so as to delete from said Act and the caption thereof the figure 200,000 wherever the same shall appear and insert in lieu thereof the figure 500,000, and by deleting from said Act and the caption thereof wherever the same shall appear the language, by the last United States census and inserting in lieu thereof the following, according to the 1960 United States census or any future census. Section 2. That section 28 of said Act added by an Act amending said Act approved February 22, 1947, (Ga. L. 1947, p. 100, et. seq.) be, and the same is hereby amended by deleting the following language, 200,000 or more by the last United States census and inserting in lieu thereof, 500,000 or more according to the United States census of 1960.

Page 3014

Section 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved April 5, 1961. COMPENSATION OF TAX RECEIVERS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 7,950 AND NOT MORE THAN 8,150 PERSONS. No. 373 (House Bill No. 352). An Act to amend an Act providing that the tax receiver in certain counties shall be paid from ad valorem school tax collected for the county board of education a commission of one and one-half percent (1%) of the net amount collected by the county tax collector, approved December 14, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2304), so as to change the population and census figures; 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 providing that the tax receiver in certain counties shall be paid from ad valorem school tax collected for the county board of education a commission of one and one-half percent (1%) of the net amount collected by the county tax collector, approved December 14, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2304), is hereby amended by striking from the title the following: 9,890, and not more than 9,900, according to the United States Census of 1950, and substituting in lieu thereof the following: 7,950, and not more than 8,150, according to the United States Census of 1960,

Page 3015

so that when so amended the title of said Act shall read as follows: An Act to provide that the tax receiver in all counties of the State having a population of not less than 7,950, and not more than 8,150, according to United States Census of 1960, and any future United States Census, shall be paid from ad valorem school tax collected for the county board of education a commission of one and one-half percent (1%) of the net amount collected by the county tax collector; to repeal conflicting laws; and for other purposes. Section 2. Said Act is further amended by striking from section 1 the following: 9,890 and not more than 9,900, according to the United States Census of 1950, and substituting in lieu thereof the following: 7,950 and not more than 8,150, according to the United States Census of 1960, so that when so amended section 1 shall read as follows: Section 1. The tax receiver in all counties of the State having a population of not less than 7,950 and not more than 8,150, according to the United States Census of 1960, and any future United States Census, shall be paid from the ad valorem school tax collected for the county board of education a commission of one and onehalf percent (1%) of the net amount collected. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed Approved April 5, 1961.

Page 3016

CITY OF ATLANTACONTEMPT OF MUNICIPAL COURT. No. 376 (House Bill No. 210). An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874 (Ga. L. 1874, p. 116), as amended, so as to provide that the mayor and board of aldermen are authorized to prescribe, by ordinance, penalties for anyone convicted, or who enters a plea of guilty or a plea of nolo contendere for being in contempt of the municipal court of the City of Atlanta; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: 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. An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874 (Ga. L. 1874, p. 116), is hereby amended by adding a new section to said Act to be known as section 5 B which shall read as follows: Section 5 B. The mayor and board of aldermen of the City of Atlanta shall have power and authority to prescribe, by ordinance, that the judge of the municipal court of the City of Atlanta shall have the power to punish anyone who is convicted, or who enters a plea of guilty or a plea of nolo contendere for being in contempt of the municipal court of the City of Atlanta. Such penalty shall not exceed ten days imprisonment and a fine not to exceed $50.00, any one or more of these punishments

Page 3017

or parts thereof may be imposed in the discretion of the municipal judge. Punishment. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia..... Fulton County. Personally appeared before me, the undersigned, Ralph McClelland, author of the attached Bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the Sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1961 session of the General Assembly of Georgia, which convenes on Monday, January 9, 1961, 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 13th day of December, 1960. /s/ J. C. Savage, City Attorney, City of Atlanta. This 18 day of January, 1961. /s/ Ralph McClelland.

Page 3018

Sworn to and subscribed before me, this 18 day of January, 1961. /s/ Glenn W. Ellard, Notary Public. (Seal). Approved April 5, 1961. BUILDING CODES, ETC. IN COUNTIES HAVING POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 PERSONS. No. 377 (House Bill No. 303). An Act to amend an Act approved March 3, 1955, (Ga. L. 1955, p. 2505, et. seq.), entitled: An Act to provide that the governing authorities of certain counties may charge for inspections, require permits and to set up a code, and provide rules and regulations for the installations of heating and air-conditioning in said counties; to provide for a heating and air-conditioning board; to provide for the appointment of its members; to define the duties of said board; to repeal conflicting laws; and for other purposes, to change the population figures to 250,000 and not more than 500,000 according to the United States census of 1960. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act Section 1 of an Act approved March 3, 1955, (Ga. L. 1955, p. 2505, et. seq.), entitled: An Act to provide that the governing authorities of certain counties may charge for inspections, require permits and to set up a code, and provide rules and regulations for the installations of heating and air-conditioning in said counties; to provide for a heating and air-conditioning board; to provide for the appointment of its members;

Page 3019

to define the duties of said board; to repeal conflicting laws; and for other purposes, be, and the same is hereby, amended by deleting from said section 1 of said Act the following figures and language, 135,000 and not more than 150,000 according to the United States census of 1950 and inserting in lieu thereof the following figures and language, 250,000 and not more than 500,000 according to the United States census of 1960. Section 2. That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved April 5, 1961. CHARLTON COUNTYFIRE DISTRICT. No. 378 (House Bill No. 428). An Act to provide for the districting of Charlton County into fire protection districts; to authorize Charlton County to contract for the furnishing of such protection within the district; to authorize the levying of a tax to cover the cost of such protection; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All that territory located outside the limits of any incorporated municipality situated within Charlton County shall constitute a fire protection district. Fire district. Section 2. For the purpose of providing the requisite fire protection for said district, Charlton County is authorized to contract with any person, firm, corporation or political subdivision of the State of Georgia for the furnishing of such services as are necessary in order to furnish fire protection for said district. Fire protection. Section 3. In order to raise the necessary funds with which to provide said protection, Charlton County is

Page 3020

hereby authorized to levy a one-mill tax assessment against all taxable property located within said district. The proceeds from said levy shall be used exclusively for the purpose of providing fire protection to the residents and property embraced within the limits of said district. Taxes. 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 1961 session of the General Assembly of Georgia, a bill to provide for the districting of Charlton County into fire protection districts; to provide for the support of said protection; and for other purposes. This 16th day of January, 1961. /s/ H. Ben Rodgers, Representative, Charlton County, Ga. Affidavit of Publisher. Georgia, Charlton County. In person came Doyle Lewis, who on oath says that he is the publisher of the Charlton County Herald, the official organ of Charlton County, Georgia, and the newspaper in which the sheriff's sales are advertised, and that the notice, a copy of which is attached hereto, was published three times consecutively, said notice appearing in the issues published January 12, January 19 and January 26, 1961. /s/ Doyle Lewis, Publisher Charlton County Herald

Page 3021

Sworn to and subscribed before me, this January 31, 1961. /s/ Emmet B. Stapleton Notary Public, Georgia State at Large. My Commission expires Oct. 8, 1961. (Seal). Approved April 5, 1961. FEES OF CLERKS OF SUPERIOR COURT IN COUNTIES HAVING POPULATION OF NOT LESS THAN 150,000 AND NOT MORE THAN 175,000 PERSONS. No. 380 (House Bill No. 215). An Act to provide for certain fees which clerks of the superior courts may charge in counties having a population of not less than 150,000 and not more than 175,000 according to the United States Census of 1960 or any future United States Census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In each county of this State having a population of not less than 150,000 and not more than 175,000 according to the United States Census of 1960 or any future United States Census, the clerk of the superior court shall be entitled to charge and collect the following fees for the following official duties performed by him, to wit: Recording liens and mortgages and deeds, per 100 words $0.20 Minimum recording fee for deeds, mortgages, and contracts $0.75 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

Page 3022

WHEELER COUNTYTREASURER'S SALARY. No. 381 (House Bill No. 499). An Act to amend an Act relating to the creation of the offices of tax commissioner, tax receiver and county treasurer of Wheeler County, approved July 19, 1927 (Ga. L. 1927, p. 731), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2897), so as to provide for a change in the monthly compensation of the county treasurer of Wheeler County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the creation of the offices of tax commissioner, tax receiver and county treasurer of Wheeler County, approved July 19, 1927 (Ga. L. 1927, p. 731), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2897), is hereby amended by striking the words and figures fifty ($50.00) dollars from section 10 of said Act and inserting in lieu thereof the words and figures one hundred ($100.00) dollars per month, so that said section, when so amended shall read as follows: Section 10. Be it further enacted by the authority aforesaid, that said county treasurer, before entering upon the duties of said office, must take and subscribe the oath of office now prescribed by law for county treasurers in this State, and at the same time give bond in a surety company or bonding company authorized to do business in this State, in the penal sum of ten thousand ($10,00000.) dollars; and the premiums on said bond shall be paid by the commissioner of roads and revenues of said county. In the event that the balance of funds on deposit with the county treasurer shall exceed ten thousand ($10,000.00) dollars, said commissioner shall require the county treasurer to give additional bond as aforesaid in an amount equal to the excess above ten thousand ($10,000.00) dollars, and if afterwards the balance decreases to an amount less than ten thousand ($10,000.00)

Page 3023

dollars, the said bond shall be reduced back to ten thousand ($10,000.00) dollars, so that the provisions of this section shall require the treasurer's bond to fluctuate so as to be at least equal at all times to the balance on deposit by said treasurer but at no time to be less than ten thousand ($10,000.00) dollars. The county treasurer shall receive a salary of one hundred ($100.00) dollars per month for his services which shall be paid monthly upon the warrant drawn by said commissioner of roads and revenue of said county and said commissioner shall furnish the treasurer's office with well bound books and all other equipment, furniture and fixtures that may be necessary in the proper administration of said office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Wheeler County. Before the undersigned attesting officer authorized by law to administer oaths, personally appeared Mackie Simpson, who being duly sworn, deposes and says on oath that he is Representative of Wheeler County, Georgia; and that the attached and foregoing notice of intention to apply for local legislation by introduction of a local bill in the 1961 regular session of the General Assembly of Georgia was published in the Wheeler County Eagle, the official organ of Wheeler County in which sheriff's advertisements are published once a week for three weeks, on the following dates: January 27, 1961; February 3, 1961, and February 10, 1961. /s/ Mackie Simpson, Representative, Wheeler County, Georgia. Sworn to and subscribed before me, this 18th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal).

Page 3024

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the Georgia Assembly of Georgia, a bill to provide for a change in the annual compensation of the county treasurer of Wheeler County; to repeal conflicting laws; and for other purposes. This the 24th day of January, 1961. /s/ Mackie Simpson, Representative, Wheeler County. Approved April 5, 1961. CITY OF NELSONTAX RATE. No. 382 (House Bill No. 686). An Act to amend an Act incorporating the City of Nelson (formerly the Town of Nelson) in the Counties of Cherokee and Pickens, State of Georgia, approved February 25, 1949 (Ga. L. 1949, p. 1536), as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 3220), so as to change the rate of tax levy for certain purposes; 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 Nelson (formerly the Town of Nelson) in the Counties of Cherokee and Pickens, State of Georgia, approved February 25, 1949 (Ga. L. 1949, p. 1536), as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 3220), is hereby amended by striking from section 6 of said Act the words ten mills wherever they appear and substituting in lieu thereof the words twenty mills, so that when so amended section 6 shall read as follows: Section 6. Be it further enacted by the authority

Page 3025

aforesaid that the mayor and council shall have power and authority to impose, levy and collect taxes annually upon all property, real and personal within the limits of the Town of Nelson, or in case of personal property, the owner of which resides in said town, upon banking, insurance and other capital employed therein, as may be deemed necessary by the mayor and council for the support of the town government. Exclusive of license, occupation, and other special taxes or charges for which provision is made in this charter, the tax levy shall not exceed twenty mills. 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, Carl Barrett, who, on oath, deposes and says that he is Representative from Cherokee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia Tribune, which is the official organ of said County, on the following dates: January 19, 26 and February 2, 1961. /s/ Carl Barrett, Representative, Cherokee County. Sworn to and subscribed before me this 27th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to amend the charter of the City of Nelson,

Page 3026

so as to change the rate of tax millage to be collected; and for other purposes. This 18 day of January, 1961. /s/ B. F. Harbin, Mayor, City of Nelson. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to amend the charter of the City of Nelson, so as to change the rate of tax millage to be collected; and for other purposes. This 18 day of January, 1961. /s/ B. F. Harbin, Mayor, City of Nelson. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Will Poole, who, on oath, deposes and says that he is Representative from Pickens County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pickens county Progress, which is the official organ of said county, on the following dates: January 19, 26 and February 2, 1961. /s/ Will Poole, Representative, Pickens County. Sworn to and subscribed before me this 27th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved April 5, 1961.

Page 3027

WHEELER COUNTYCOMPENSATION OF ORDINARY. No. 383 (House Bill No. 498). An Act to provide for the yearly compensation for the Ordinary of Wheeler County, in addition to fees which he now receives; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Ordinary of Wheeler County shall be compensated in the amount of twelve hundred ($1200.00) dollars, per annum to be paid in equal monthly installments, in addition to any fees which he now receives. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Wheeler County. Before the undersigned attesting officer authorized by law to administer oaths, personally appeared Mackie Simpson, who being duly sworn, deposes and says on oath that he is Representative of Wheeler County, Georgia; and that the attached and foregoing notice of intention to apply for local legislation by introduction of a local bill in the 1961 regular session of the General Assembly of Georgia was published in the Wheeler County Eagle, the official organ of Wheeler County in which sheriff's advertisements are published once a week for three weeks, on the following dates: January 27, 1961; February 3, 1961 and February 10, 1961. /s/ Mackie Simpson, Representative, Wheeler County, Georgia.

Page 3028

Sworn to and subscribed before me, this 18th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to provide that the Ordinary of Wheeler County shall receive a monthly supplement in addition to said Ordinary's other fees; to repeal conflicting laws; and for other purposes. This the 24th day of January, 1961. /s/ Mackie Simpson, Representative, Wheeler County. Approved April 5, 1961. CITY OF DARIENAUTHORITY TO CLOSE NAMED STREETS. No. 385 (House Bill No. 446). An Act to amend an Act relating to the incorporation of the City of Darien, approved August 14, 1909 (Ga. L. 1909, p. 727), so as to confer upon the City of Darien the right to close certain streets and portions of certain streets within said city; to provide that upon the closing of said streets the title to the land shall vest in the abutting property owners; to repeal conflicting laws; and for other purposes.

Page 3029

Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the incorporation of the City of Darien, approved August 14, 1909 (Ga. L. 1909, p. 727), is hereby amended so as to confer upon the City of Darien the right to close the following streets and the following portions of streets: All of Cypress Street lying north of Pine Street; all of Inverness Street lying between U. S. Highway No. 17 and the city ditch; and the lanes in Blocks 115, 116, 117 and 118. Section 2. Upon the closing of said streets and the said portions of the streets by the City of Darien, title to the land that has been so closed will vest immediately in the abutting property owners. Upon said closing the City of Darien is hereby authorized and directed to convey to the abutting property owners deeds to said property that vested in them. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned, in response to a resolution by the mayor and aldermen of the City of Darien, will introduce local legislation closing all of Cypress Street lying north of Pine Street; all of Inverness Street lying between U. S. Highway No. 17 and the city ditch; and the lanes in blocks 115, 116, 118 and 118; to provide for the transferring of all the public right, title and interest therein to the abutting property owners; and for other purposes. This the 9th day of January, 1961. /s/ Daniel H. White, Representative, McIntosh County.

Page 3030

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel H. White, who, on oath, deposes and says that he is Representative from McIntosh County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News, which is the official organ of said county, on the following dates: Jan. 12, 19 and 26, 1961. /s/ Daniel H. White, Representative, McIntosh County. Sworn to and subscribed before me this 2nd day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved April 5, 1961. DODGE COUNTYCOMPENSATION OF CLERK TO TAX COMMISSIONER. No. 386 (House Bill No. 445). An Act to amend an Act creating the office of tax commissioner of Dodge County, approved March 24, 1933 (Ga. L. 1933, p. 506), as amended, particularly by an Act approved February 19, 1958 (Ga. L. 1958, p. 2216), so as to change the compensation of the clerk of the tax commissioner of Dodge County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Dodge County, Georgia, approved March 24,

Page 3031

1933 (Ga. L. 1933, p. 506), as amended, particularly by an Act approved February 19, 1958 (Ga. L. 1958, p. 2216), is hereby amended by striking from section 5A, the words and figures Said clerk shall be paid a monthly salary of $125.00 per month by Dodge County, and inserting in lieu thereof the words and figure Said clerk shall be paid a salary of twenty-four hundred dollars ($2400.00) per annum, to be paid at the end of each month's service, so that when so amended, section 5A shall read as follows: Section 5A. Be it further enacted by the authority aforesaid that there is hereby created in the office of tax commissioner of Dodge County, Georgia, the office of clerk of the tax commissioner, which said clerk shall be appointed by the tax commissioner of Dodge County, Georgia, to hold office at his pleasure. Said clerk shall be paid a salary of twenty-four hundred dollars ($2400.00) per annum by Dodge County, to be paid at the end of each month's service, and such compensation shall be in addition to all other salaries, fees, costs and remunerations now or hereafter allowable to the tax commissioner of Dodge County, Georgia. The tax commissioner may, or may not, require such clerk to give bond, in such amount he deems proper, for the faithful performance of his deputies. The clerk shall assist the tax commissioner in performance of the duties of his office and such other duties as the tax commissioner may direct. The tax commissioner shall be responsible for all acts of his clerk. Section 2. The salary 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. Notice of Intention to Introduce Local Legislation. Georgia, Dodge County. Notice is hereby given that there will be introduced to

Page 3032

the January, 1961, session of the General Assembly of Georgia, a bill to increase the compensation of the clerk of the tax commissioner of Dodge County, Georgia, to $2400.00 annually, to provide how and when the same shall be paid; and for other purposes. This January 4, 1961. /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 the said Times-Journal in the issues appearing on January 4th, 11th and 18, 1961. This January 30, 1961. /s/ E. T. Methvin. Sworn to and subscribed before me, this 30th day of January, 1961. /s/ Wilton D. Harrington, Notary Public, Dodge County, Georgia. (Seal). Approved April 5, 1961.

Page 3033

CITY OF ROMEPOLICE AND FIRE DEPARTMENT CHIEFS. No. 388 (House Bill No. 455). An Act to amend an Act, entitled an Act to create a new charter and municipal government for the City of Rome, to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, approved August 19, 1918, as amended, and especially to amend section 1, 2, 6 and 9 of an Act approved December 21, 1937 (Ga. L. Ex. Sess., 1937-1938, pp. 1327-1328), by excluding the chiefs of the fire and police departments of the City of Rome form the Act known as the Rome Civil Service Act (Ga. L., Ex. Sess., 1937-1938, pp. 1327-1328), and to provide that said chiefs shall be appointed, discharged and governed by the Rome City Commission; that if a chief of either department is discharged, said chief shall revert to his former status unless removed, discharged or demoted by the civil service board; to repeal all Acts and parts of Acts in conflict therewith. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That section 1 of the Rome charter pertaining to civil service (Ga. L., Ex. Sess., 1937-1938, pp. 1327-1328), be and the same is hereby repealed and stricken in its entirety and a new section 1 enacted and substituted therefor, reading as follows: Section 1: That all officers and members of the fire and police departments of the City of Rome, except 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, except the chiefs of said departments, shall

Page 3034

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 Rome by said civil service board for cause, in the manner hereinafter prescribed. Chiefs of Police and Fire Departments. Section 2. That section 2 of the Rome charter pertaining to civil service (Ga. L., Ex. Sess., 1937-1938, pp. 1327-1328), be and the same is hereby repealed and stricken in its entirety and a new section 1 enacted and substituted therefor, reading as follows: Section 2: The following definition, 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 assistant chief of the fire department, captains, lieutenants, engineers, assistant engineers and firemen, building and electrical inspectors, and all others, except the chief of the fire department, 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. Definitions. Members of the police department: The words Members of the Police Department, as used herein, shall mean all officers of said department, except the chief of the police 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 3. That section 6 of the Rome charter pertaining to civil service (Ga. L., Ex. Sess., 1937-1938, pp. 1327-1328), be and the same is hereby repealed and stricken in

Page 3035

its entirety and a new section 6 enacted and substituted therefor, reading as follows: Section 6: All applicants for place or position on the fire and police departments, except the chiefs of said 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 examination, 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 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. Examinations. Section 4. That section 9 of the Rome charter pertaining to civil service (Ga. L., Ex. Sess., 1937-1938, pp. 1327-1328), be and the same is hereby repealed and stricken in its entirety and a new section 9 enacted and substituted therefor, reading as follows: Section 9: No members of the fire or police department, except the chiefs thereof, shall be removed or discharged except for cause upon written charges or complaint and after an opportunity for an open public hearing in his own defense by the civil service board. Such charges 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 Rome City Commission. 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. 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

Page 3036

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 Rome, 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 wilfully failing or refusing to obey such subpoena. Removal. Section 5. That a new and additional section to be known as section 30 of said Act (Ga. L., Ex. Sess., 1937-1938, pp. 1327-1328), be and the same is hereby enacted, reading as follows: Section 30: The chiefs of the fire and police departments of the City of Rome shall be appointed, discharged and governed by the Rome City Commission and the civil service board of Rome shall have no control or responsibility for the hiring, firing, or conduct of the chiefs of the fire and police departments. Chiefs. Section 6. That a new and additional section to be known as section 31 of said Act (Ga. L., Ex. Sess., 1937-1938, pp. 1327-1328), be and the same is hereby enacted, reading as follows: Section 31: If the City Commission of Rome appoints and hires a person subject to the terms of this Act at the time of his appointment as either chief of the fire department or chief of the police department, and, thereafter, the City Commission for any reason discharges said chief, the discharged chief shall immediately revert to his former status, grade and rank, without prejudice, in the fire or police department from which he was appointed unless the civil service board, after a hearing as provided in section 9 of this Act, shall remove, discharge or demote him for cause. Removal of chiefs. Section 7. All laws and parts of laws in conflict herewith are hereby repealed.

Page 3037

Section 8. The notice and affidavit attached hereto are specifically made a part of this bill and reference is made thereto. Notice of Local Legislation. To the Citizens of Rome, Georgia. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia at its session in 1961, for the enactment of a local bill to amend the charter of the City of Rome so as to: 1. Exclude the chiefs of the fire and police departments of the City of Rome from being under and governed by the civil service regulations under the direction and supervision of the civil service board. 2. Provide that future chiefs of the fire and police departments of the City of Rome may be appointed and hired by the City of Rome, regardless of their age at the time of said appointment and hiring. 3. Provide that if any future chief of the fire or police department is appointed and hired by the City of Rome who is more than 35 years of age, said chief so appointed and hired, if not already employed as a monthly salaried employee of the City of Rome and already eligible to participate in the retirement system of the City of Rome, cannot participate in said retirement system. 4. Provide that if a future chief of the fire or police department is appointed and hired who is not over 35 years of age, said chief must participate in the retirement system of the City of Rome. 5. Provide that the chiefs of the fire and police departments shall be appointed, discharged and governed by the Rome City Commission and said chiefs shall be directly responsible to that governing body only. The above changes constitute amendments to those sections

Page 3038

of the charter of the City of Rome known as the Rome Retirement System and Civil Service. The amendments shall not affect any fireman or policeman or other employee of the City of Rome other than the chiefs of the fire and police departments. This 12th day of January, 1961. /s/ J. Battle Hall, /s/ Sidney Lowrey, /s/ Robert L. Scoggin, Representatives, Floyd County. January 13th, 19th and 26th. 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 the copy of said notice as published in said paper is hereto attached and made a part of said bill; and that said notice was published as provided by law. This 3rd day of February, 1961. /s/ J. Battle Hall.

Page 3039

Sworn to and subscribed before me, this 3rd day of February, 1961. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My commission expires Oct. 19, 1964. (Seal). Approved April 5, 1961. PEACH COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 390 (House Bill No. 470). An Act to amend an Act incorporating the office of tax receiver and tax collector of Peach County into the one office of tax commissioner of Peach County, approved February 5, 1952 (Ga. L. 1952, p. 2078), 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 incorporating the office of tax receiver and tax collector of Peach County into the one office of tax commissioner of Peach County, approved February 5, 1952 (Ga. L. 1952, p. 2078), is hereby amended by striking from section 3 the figures 6,000 and inserting in lieu thereof the figures 7,000, so that when so amended section 3 shall read as follows: Section 3. The salary of said tax commissioner shall be $7,000.00 per annum, to be paid monthly from funds in the county treasury. The tax commissioner shall be authorized to employ assistants and clerical help and the salaries of these assistants and clerks are to be paid by the tax commissioner out of personal funds.

Page 3040

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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to change the compensation of the tax commissioner of Peach County; and for other purposes. This 7th day of February, 1961. /s/ D. Warner Wells, Representative, Peach County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, D. Warner Wells, who, on oath, deposes and says that he is Representative from Peach County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Leader Tribune, which is the official organ of said county, on the following dates: Dec. 22, 29, 1960 and Jan. 5, 1961. /s/ D. Warner Wells, Representative, Peach County. Sworn to and subscribed before me this 20th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved April 5, 1961.

Page 3041

CITY OF MOULTRIETAX RATE, REFERENDUM. No. 391 (House Bill No. 465). An Act to amend an Act relating to the incorporation of the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 19, 1943 (Ga. L. 1943, p. 1499), an Act approved February 23, 1945 (Ga. L. 1945, p. 768), an Act approved February 21, 1951 (Ga. L. 1951, p. 3250), an Act approved February 15, 1952 (Ga. L. 1952, p. 2661), an Act approved March 6, 1956 (Ga. L. 1956, p. 2830), an Act approved March 17, 1956 (Ga. L. 1956, p. 3473), an Act approved February 22, 1957 (Ga. L. 1957, p. 2205), an Act approved March 5, 1957 (Ga. L. 1957, p. 2579), an Act approved March 5, 1957 (Ga. L. 1957, p. 2588), an Act approved March 13, 1957 (Ga. L. 1957, p. 2994), an Act approved March 17, 1958 (Ga. L. 1958, p. 2441), and an Act approved March 10, 1959 (Ga. L. 1959, p. 3023), so as to provide for a change in the millage rate on all taxable property in the City of Moultrie; 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 relating to the incorporation of the City of Moultrie approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 19, 1943 (Ga. L. 1943, p. 1499), an Act approved February 23, 1945 (Ga. L. 1945, p. 768), an Act approved February 21, 1951 (Ga. L. 1951, p. 3250), an Act approved February 15, 1952 (Ga. L. 1952, p. 2661), an Act approved March 6, 1956 (Ga. L. 1956, p. 2830), an Act approved March 17, 1956 (Ga. L. 1956, p. 3473), an Act approved February 22, 1957 (Ga. L. 1957, p. 2205), an Act approved March 5, 1957 (Ga. L. 1957, p. 2579), an Act approved March 5, 1957 (Ga. L. 1957, p. 2588), an Act approved March 13, 1957 (Ga. L. 1957, p. 2994), an Act approved March 17, 1958 (Ga. L. 1958, p. 2441), and an Act approved March 10, 1959 (Ga. L. 1959, p. 3023), is hereby amended by striking the word twelve

Page 3042

from section 24 of said Act and inserting in lieu thereof the word fifteen, so that said Act, when so amended, shall read as follows: Section 24. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the city government, the council of said city shall have full power and authority, and shall prescribe by ordinance for the assessment and collection of an ad valorem tax on real estate and personal property within the corporate limits of said city, which is subject to taxation according to the laws of the State, said tax not to exceed one per cent, upon the value of said property for ordinary current expenses; and for the establishment, maintenance and support of the public schools the council shall, upon a recommendation by a two-thirds vote of all members of the board of school commissioners of said city, levy and collect annually, an ad valorem tax not to exceed fifteen mills on all taxable property of said city. Provided, that the money so collected shall be used only for school purposes, as herein provided, and the council shall pay over said money so collected, and as soon as collected, to the treasurer of the board of the city school commissioners of Moultrie, Georgia. Tax rate. Section 2. Not 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 Board of Education of the City of Moultrie to issue the call for an election for the purpose of submitting this Act to the voters of the City of Moultrie for approval or rejection. The Board of Education of the City of Moultrie shall set the date of such election for a day not less than 21 days after the date of the issuance of the call. The Board of Education of the City of Moultrie 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 Colquitt County. The ballot shall have written or printed thereon the words: For approval of the Act increasing the millage rate on

Page 3043

all taxable property in the City of Moultrie from twelve mills to fifteen mills. Referendum. Against approval of the Act increasing the millage rate on all taxable property in the City of Moultrie from twelve mills 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 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 Board of Education of the City of Moultrie. It shall be the duty of the Board of Education of the City of Moultrie 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 Board of Education of the City of Moultrie 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. The Moultrie Board of Education has requested the Colquitt County Delegation in the General Assembly to introduce legislation to amend section 24 of the Charter of the City of Moultrie to increase the school tax rate from a maximum of 12 mills to a maximum of 15 mills. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Newton, who, on oath, deposes and says that he is Representative

Page 3044

from Colquitt County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer, which is the official organ of said County, on the following dates: Jan. 20, 27 and Feb. 3, 1961. /s/ David L. Newton, Representative, Colquitt County. Sworn to and subscribed before me this 17th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved April 5, 1961. CITY OF COLUMBUSAUTHORITY TO SELL LAND. No. 392 (House Bill No. 538). An Act vesting in the City of Columbus fee simple title to a certain tract of land in said city bounded on the south by the north line of the intersection of Broadway and 15th Street in said city, on the east by the west line of city lot 199, on the north by the south line of lands now or formerly owned by W. T. Heard and on the west by lands of Muscogee Manufacturing Company, said tract of land being a part of Broadway formerly Broad Street; empowering said city to sell and convey at any time or times the fee simple title to any part, parts or all of said tract of land; 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 there is hereby vested in the City of

Page 3045

Columbus fee simple title to a certain tract of land in said city bounded on the south by the north line of the intersection of Broadway and 15th Street in said city, on the east by the west line of city lot 199, on the north by the south line of lands now or formerly owned by W. T. Heard and on the west by lands of Muscogee Manufacturing Company, said tract of land being part of Broadway, formerly Broad Street; and being particularly described as follows: Beginning at a nail in the sidewalk on the northerly line of 15th Street at the southwest corner of city lot 199, and running thence north 89 degrees 48 minutes west, a distance of 55.60 feet to an iron pin; running thence north 00 degrees 03 minutes east a distance of 92.50 feet to a drill hole in concrete paving; running thence north 88 degrees 08 minutes east a distance of 55.69 feet to an iron pin; running thence south 00 degrees 13 minutes west along the westerly line of said city lot 199, a distance of 94.42 feet to the point of beginning. Description. The foregoing property being bounded east by city lot 199, west by lands now or formerly owned by Muscogee Manufacturing Company and north by lands now or formerly owned by W. T. Heard. Section 2. That power and authority is hereby vested in the City of Columbus to sell and convey at any time or times, the fee simple title to any part, parts or all of the above-described tract of land; that any such sale and conveyance may be made pursuant to a resolution adopted by the commission of the City of Columbus at any regular meeting, which resolution shall be effective immediately upon passage, for such consideration as said commission in its discretion shall deem proper and the mayor and the city clerk of said city are hereby authorized and empowered to execute and deliver for and on behalf and in the name of said city deeds of conveyance to any part, parts or all of the above-described tract of land. Sale authorized. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed.

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Section 4. That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill, providing for this Act, into the General Assembly. Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January 1961, for the passage of a bill entitled as follows: An Act vesting in the City of Columbus fee simple title to a certain tract of land in said city bounded on the south by the north line of the intersection of Broadway and 15th Street in said city, on the east by the west line of city lot 199, on the north by the south line of lands now or formerly owned by W. T. Heard and on the west by lands of Muscogee Manufacturing Company, said tract of land being a part of Broadway, formerly Broad Street; empowering said City to sell and convey at any time or times the fee simple title to any part, parts or all of said tract of land; and for other purposes. This the 19th day of January, 1961. /s/ Lewis F. Davis, City Attorney, City of Columbus, Georgia. Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Maynard R. Ashworth, who on

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oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit, January 21 and 28, 1961 and February 4, 1961. /s/ Maynard R. Ashworth. Sworn to and subscribed before me, this the 7th day of February, 1961. /s/ Wallace A. Kitchens, Notary Public, Muscogee County, Georgia. My commission expires Feb. 10, 1962. (Seal). Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January 1961, for the passage of a bill entitled as follows: An Act vesting in the City of Columbus fee simple title to a certain tract of land in said city bounded on the south by the north line of the intersection of Broadway and 15th Street in said city, on the east by the west line of city lot 199, on the north by the south line of lands now or formerly owned by W. T. Heard and on the west by lands of Muscogee Manufacturing Company, said tract of land being a part of Broadway, formerly Broad Street; empowering said city to sell and convey at any time or times the fee simple title to any part, parts or all of said tract of land; and for other purposes.

Page 3048

This the 19th day of January, 1961. /s/ L. F. Davis, City Attorney, City of Columbus, Georgia. Approved April 5, 1961. CITY OF ATHENSCHARTER AMENDED. No. 393 (House Bill No. 489). An Act to amend an Act approved August 24, 1872 (Entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof) so as to repeal the provisions of the Charter of the City of Athens creating the office of city assessors and authorizing the city assessors to return real property located in the City of Athens for taxation without notice to the owner thereof; to repeal the provisions of the charter of the City of Athens authorizing the mayor, any two members of council, and the clerk of council to revise the returns for taxation of personal property located in the City of Athens without notice to the owners thereof; to repeal the provisions of the charter of the City of Athens authorizing the mayor and council to make returns of personal property located in the City of Athens for taxation in behalf of property owners failing to return such property; to repeal the provisions of the charter of the City of Athens authorizing the mayor and council of the City of Athens to collect a double tax from persons failing to make a return of personal property for taxation or failing to pay the ad valorem tax levied by the City of Athens; to provide for the creation of the office of city tax assessor; to provide for all owners of real and personal property located within the City of Athens to make annual return of such property and of the fair market value thereof to said city tax assessor; to provide that said city tax assessor shall be authorized (after giving notice thereof

Page 3049

to the owners) to alter the value of property which, in his opinion, has not been returned at its fair market value, and to return property which has not been returned for taxation; to authorize said city tax assessor (after giving public notice thereof) to return for taxation property the ownership of which is unknown; to create a board of tax appeals; to provide for appeals from valuations imposed by the city tax assessor to the board of tax appeals; to authorize the board of tax appeals to issue subpoenas, administer oaths and compel the production of records and documents; and to authorize an appeal from the judgment of the board of tax appeals to the Superior Court of Clarke County, Georgia. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. Section 22 of the Act of the General Assembly approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens, and the various acts amendatory thereof, which section 22 reads as follows: Be it further enacted, that the said mayor and council shall have full power and authority to elect by ballot, three freeholders as city assessors, to assess the value of all real estate lying within the corporate limits of said city and subject to taxation, and which said assessors shall make a return to said mayor and council at such times as they shall appoint; and said mayor and council shall place such assessment, so returned, in the hands of the clerk of council of said city, who shall enter the same in his books with other taxes, and the same shall be collected as other taxes of said city; provided, no real estate shall be assessed and taxed for a greater amount than that for which the owner would sell the same. Section of prior Act repealed. be and the same is hereby repealed. Section 2. Section 23 of the Act of the General Assembly approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens, and the various

Page 3050

Acts amendatory thereof, which section 23 reads as follows: Be it further enacted, That the said assessors, before they enter on the discharge of their duty, shall take and subscribe on oath before the mayor, faithfully and truly to assess all the real estate within the corporate limits of the City of Athens, and to return such assessment to the mayor and council thereof, and shall receive for their services such sum each as the mayor and council shall order. Same. be and the same is hereby repealed. Section 3. Section 25 of the Act of the General Assembly approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens, and the various Acts amendatory thereof, which section 25 reads as follows: Be it further enacted, that hereafter it shall be the duty of all tax-payers and owners of property other than real estate in the City of Athens, and they are hereby required to make their returns, under oath, of the value of their property in said city, held in their own right, or in the right of others: Provided always, however, that the mayor and any two members of the council, selected for that purpose, together with the clerk of the council, shall have power to supervise all returns made by the tax-payers, and if, in their opinion, any of such returns ar incorrect in fixing the value of the property in the same, then to correct any such returns thus incorrectly made by affixing or assessing such higher value as in their opinion may be proper and right: Provided such assessment shall not exceed the amount for which the owner would sell the property. Same. be and the same is hereby repealed. Section 4. Section 26 of the Act of the General Assembly approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens, and the various

Page 3051

Acts amendatory thereof, which section 26 reads as follows: Be it further enacted, That if any tax-payer, or owner of property other than real estate shall fail or refuse to make his, her or their tax returns within the time prescribe by the mayor and council of the City of Athens, said mayor and council shall have full power and authority, either by themselves or their authorized agents, to make a just valuation of all such property not returned, and collect double tax on the same. Same. be and the same is hereby repealed. Section 5. Section 27 of the Act of the General Assembly approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens, and the various Acts amendatory thereof, which section 27 reads as follows: Be it further enacted, That said mayor and council shall have power and authority to enforce and collect a double tax of any person or persons, agents, firm, company, corporation or association, who shall fail or refuse to pay his, her or their general, ad valorem or city tax within the time prescribed by said mayor and council. Same. be and the same is hereby repealed. Section 6. There is hereby created the office of city tax assessor of the mayor and council of the City of Athens. When this Act becomes effective, the mayor and council shall elect a city tax assessor, who shall hold office until the first day of July next following his election. Thereafter the mayor and council shall annually elect a city tax assessor who shall hold office for the same time as the city clerk. Elections by the mayor and council for the office of city tax assessor shall be at the same time and in the same manner as elections for the office of city clerk. The mayor and council may impose upon the city tax assessor such additional offices and duties, not inconsistent with this Act, as they may in their discretion deem advisable. The mayor and council shall prescribe such

Page 3052

compensation for the city tax assessor as they may deem advisable. City tax assessor. Section 7. Every firm, person or corporation owning real or personal property located within the City of Athens on the first day of January in each year shall by himself or his agent make a return of such property to the city tax assessor on or before a date to be specified by the mayor and council of the City of Athens. Such return shall itemize the property owned by such property owner to the extent required by the mayor and council of the City of Athens, and shall state the fair market value thereof. Such return shall be verified by the oath of the person making the same. Tax returns. Section 8. After the returns of property have been made to the city tax assessor, as provided in the foregoing section, it shall be the duty of the city tax assessor to review the same. In the event that the city tax assessor determines that the value of real or personal property returned by any property owner is incorrect, he shall notify such property owner by certified U.S. mail with return receipt requested, sent to the address given on said tax return; and said notice shall identify the property which the city tax assessor deems to be incorrectly valued, and shall state the value which the city tax assessor proposes to place on said property. After such notice has been mailed, the city tax assessor shall make an entry in writing on the tax return showing the date on which the notice was mailed and showing the value placed by him upon the property in question. Duties of tax assessor. In the event that the city tax assessor determines that any property, the ownership of which is known, and which is subject to tax, has not been returned by the owner, as provided for in this Act, he shall prepare a tax return for such person and property on the same form as shall be prescribed by the mayor and council for the return of property for taxation by the owner. Such return shall specify the property returned and the fair market value thereof, as determined by the city tax assessor. Such return shall not be verified, and shall contain an entry to

Page 3053

the effect that such return was prepared by the city tax assessor. After the preparation of such return, the city tax assessor shall send a notice by certified U. S. mail to the last known address to such property owner, such notice to contain a copy of the tax return prepared by the city tax assessor. After such notice has been made, the city tax assessor shall make an entry in writing on the office copy of the tax return prepared by him showing the date on which such notice was mailed. In the event that the city tax assessor shall determine that there is property located within the City of Athens subject to tax and the ownership of which is unknown, he shall prepare a return for each such piece of real or personal property the ownership of which is unknown. Such return shall be in such form as may be prescribed by the mayor and council of the City of Athens. A separate return shall be made for each non-contiguous price of real property. Such return shall be identified by the description of such property returned therein. Such return shall specify the fair market value of the property returned therein as the same may be determined by the city tax assessor. After the completion of the preparation of the tax returns for property the ownership of which is unknown, the city tax assessor shall post a notice at the city hall, and shall publish such notice once a week for two weeks in the newspaper in Clarke County, Georgia in which sheriff's advertisements are published. Such notice shall contain a description of the items of real and personal property so returned by him and of the fair market value thereof as returned by him. Such tax return and the notice thereof shall be deemed to be complete when the same shall have been posted at the city hall for two weeks, and after the second newspaper publication as herein provided for. The city tax assessor shall make an entry on the office copy of the tax return when the notice herein provided for shall have been completed. No revision or preparation of a tax return by the city tax assessor shall be deemed to be completed until the notice shall have been given and an entry of the giving

Page 3054

of such notice made on the office copy of such tax return as herein provided for. It shall be the duty of the mayor and council of the City of Athens to prescribe each year a date by which time all revisions and preparations of tax returns by the city tax assessor for that year shall have been completed; and after such date no further returns or revisions of returns for that year shall be made by the city tax assessor. The city tax assessor, in performing any of the duties placed on his office by this Act, may not under any circumstances enter the premises of any private household for the purpose of assessing the tax value of the furnishings therein. Section 9. There is hereby created a board of tax appeals for the City of Athens. Said board shall consist of three members who shall designate one of their number as chairman. The members shall be elected by the mayor and council in the same manner as the city clerk is elected, and they shall be elected at the first regular meeting of the mayor and council in January of each year. The members of said board of tax appeals shall hold office for one year and until their successors are elected and qualified. A member of said board of tax appeals may be removed from office by a two-thirds vote of the council of the City of Athens. No member of the board of tax appeals shall take office until he shall have executed and filed with the clerk of the council an oath obligating himself to faithfully and impartially perform the duties of his office. No person shall be a member of the board of tax appeals who is an officer or employee or the husband or wife, or parent or child of an officer or employee of the mayor and council of the City of Athens; and no person shall be a member of the board of tax appeals who does not reside within and own real property located within the limits of the City of Athens. The mayor and council of the City of Athens shall prescribe such compensation for the members of the board of tax appeals as they may deem proper. Board of tax appeals.

Page 3055

Section 10. The board of tax appeals shall sit during such periods of time as may be designated by the mayor and council of the City of Athens to hear appeals from returns made by or valuations imposed by the city tax assessor. The mayor and council shall prescribe an adequate time for the meetings of the board, which time shall not expire until at least thirty days after the final date for preparing or revising tax returns as above provided for. Duties. Section 11. Any person dissatisfied with the action of the city tax assessor in preparing or revising a tax return shall have the right to appeal the decision of the city tax assessor to the board of tax appeals. Such appeal shall be made not later than fifteen days after the notice in this Act provided for shall have been completed. Such appeal shall be in writing, and shall specify the property and the value objected to. Such appeal shall be filed with the city tax assessor, and it shall be the duty of the city tax assessor to transmit the same to the chairman of the board of tax appeals. The chairman of the board of tax appeals shall docket such appeal and shall prescribe a time and a place for a hearing thereon, and shall notify the party filing the appeal of the time and place of hearing not less than seven (7) days in advance thereof. It shall be the right of the party filing the appeal and of the city tax assessor to appear either personally or by counsel, and to give evidence on the issue raised by the appeal. All appeals shall be considered by the full membership of the board, provided, however, that any two members shall have authority to hear appeals in the event that a third member is absent for providential reasons. Section 12. The board of tax appeals shall have authority to issue subpoenas, administer oaths, and compel the production of records and documents to the same extent as that authority is now vested in the recorder of the City of Athens, and the authority hereby conferred shall be enforced as similar authority is enforced by the recorder. Section 13. The board of tax appeals shall render a

Page 3056

judgment in writing on the issue presented by such appeal, which judgment shall be rendered within one week of the time said appeal was tried. In the event there is a disagreement among the members of the board of tax appeals, the decision of two members of the board shall constitute the judgment of the board. The judgment shall be filed immediately with the city clerk who shall immediately mail a copy thereof to the property owner by certified U. S. mail with return receipt requested. Judgments. Section 14. Either the mayor and council of the City of Athens or the tax payer shall have the right to appeal from any judgment rendered by the board of tax appeals to the Superior Court of Clarke County, Georgia, which said appeal shall be filed in the Superior Court within twenty days after the rendition of the judgment of the board of tax appeals. An appeal to the Superior Court of Clarke County, Georgia, from the judgment of the board of tax appeals shall be in the same form and shall be governed by the same rules as govern appeals to the superior courts from the justice of the peace court. Appeals. Section 15. This Act shall become effective January 1, 1962. Effective date. Section 16. All laws and parts of laws in conflict herewith are hereby repealed. Notice. The public is hereby notified that the undersigned will make application to the General Assembly of Georgia at the January 1961 session thereof for the passage of an amendment to the charter of the mayor and council of the City of Athens to repeal the provisions of the charter of the City of Athens creating the office of city assessors and authorizing the city assessors to return real property located in the City of Athens for taxation without notice to the owner thereof; to repeal the provisions of the charter of the City of Athens authorizing the mayor, any two members of council, and the clerk of council to revise the returns for taxation of personal property located in the

Page 3057

City of Athens without notice to the owners thereof; to repeal the provisions of the charter of the City of Athens authorizing the mayor and council to make returns of personal property located in the City of Athens for taxation in behalf of property owners failing to return such property, to repeal the provisions of the charter of the City of Athens authorizing the mayor and council of the City of Athens to collect a double tax from persons failing to make a return of personal property for taxation or failing to pay the ad valorem tax levied by the City of Athens; to provide for the creation of the office of city tax assessor; to provide for all owners of real and personal property located within the City of Athens to make annual return of such property and of the fair market value thereof to said city tax assessor; to provide that said city tax assessor shall be authorized (after giving notice thereof to the owners) to alter the value of property which, in his opinion, has not been returned at its fair market value, and to return property which has not been returned for taxation; to authorize said city tax assessor (after giving public notice thereof) to return for taxation property the ownership of which is unknown; to create a board of tax appeals; to provide for appeals from valuations imposed by the city tax assessor to the board of tax appeals; to authorize the board of tax appeals to issue subpoenas, administer oaths and compel the production of records and documents; and to authorize an appeal from the judgment of the board of tax appeals to the Superior Court of Clarke County, Georgia. This December 30, 1960. 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-

Page 3058

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 6, 13 and 20, 1961. /s/ E. B. Braswell. Certified, sworn to and subscribed before me this 28th day of January, 1961. /s/ James Barrow, Notary Public, Clarke County, Georgia. (Seal). Approved April 5, 1961. MERIWETHER COUNTYCOMMISSIONER DISTRICTS, REFERENDUM. No. 394 (House Bill No. 277). An Act to amend an Act creating a board of county commissioners for the County of Meriwether, approved December 14, 1871 (Ga. L. 1871-2, p. 230), as amended by Acts approved February 21, 1873 (Ga. L. 1873, p. 278), March 2, 1874 (Ga. L. 1874, p. 351), February 17, 1877 (Ga. L. 1877, p. 261), August 20, 1889 (Ga. L. 1889, p. 1107), August 7, 1907 (Ga. L. 1907, p. 314), August 13, 1924 (Ga. L. 1924, p. 351), March 24, 1933 (Ga. L. 1933, p. 613), March 24, 1939 (Ga. L. 1939, p. 683), February 25, 1949 (Ga. L. 1949, p. 1947), and March 6, 1956 (Ga. L. 1956, p. 2890), so as to create districts from which the members of said board shall be elected to provide that one member from each such district shall be elected by the qualified voters in each district; to provide the qualifications for such members; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of County Commissioners for the County of Meriwether, approved December 14, 1871 (Ga. L. 1871-2, p. 230), as amended by Acts approved February 21, 1873 (Ga. L. 1873, p. 278), March 2, 1874 (Ga. L. 1874, p. 351), February 17, 1877 (Ga. L. 1877, p. 261), August 20, 1889 (Ga. L. 1889, p. 1107), August 7, 1907 (Ga. L. 1907, p. 314), August 13, 1924 (Ga. L. 1924, p. 351), March 24, 1933 (Ga. L. 1933, p. 613), March 24, 1939 (Ga. L. 1939, p. 683), February 25, 1949 (Ga. L. 1949, p. 1947), and March 6, 1956 (Ga. L. 1956, p. 2890), is hereby amended by striking therefrom section 1 in its entirety and substituting in lieu thereof a new section 1 which shall read as follows: Section 1. (a) For the purpose of the election of the board of commissioners of Meriwether County to be held next after the passage of this Act, and its effective date, and for all subsequent such elections, Meriwether County is hereby divided into the following five districts: 1. First District, to be composed of the 1400th, 1281st, 1408th and 657th Georgia Militia Districts. 2. Second District, to be composed of the 715th, 665th, 1495th, 1401st, 1213th and 809th Georgia Militia Districts. Districts. 3. Third District, to be composed of the 669th, 1474th, 705th and 706th Georgia Militia Districts. 4. Fourth District, to be composed of 1290th and 1520th Georgia Militia Districts. 5. Fifth District, to be composed of the 726th and 704th Georgia Militia Districts. (b) One member from each of the above districts provided shall be elected by the qualified voters of each such district to serve on the Board of Commissioners. Any candidate seeking election must be a resident of the district from which he seeks membership.

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Section 2. The provisions of this Act relating to the establishment of districts and the election of members therefrom shall become effective only upon approval of the referendum as provided for herein, and then only at the election next to be held for election of the Board of Commissioners of Meriwether County. Effective date. Section 3. Not less than 20 nor more than 40 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 Meriwether County to issue the call for an election for the purpose of submitting this Act to the voters of Meriwether County for approval or rejection. The Ordinary shall set the date of such election not less than 20 nor more than 30 days after his call. The Ordinary shall cause the date and purpose of the election to be published at least once preceding the date thereof in the official organ of Meriwether County. The ballot shall have written or printed thereon the words: For approval of the Act establishing five districts from which the members of the Board of Commissioners of Meriwether County shall be elected. Referendum. Against approval of the Act establishing five districts from which the members of the Board of Commissioners of Meriwether County shall be elected. 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 the 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 Meriwether 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.

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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 legislation will be sought at the next session of the General Assembly of Georgia to provide that members of the Board of Commissioners of Road and Revenues of Meriwether County shall be elected by districts; to provide the qualifications and term of the members of said Board; and for other purposes germane thereto. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Render Hill and Jim NeSmith, who, on oath, depose and say that they are Representatives from Meriwether County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindorcator, which is the official organ of said County, on the following dates: Dec. 29, 1960 and January 5, 12 and 19, 1961. /s/ Jim NeSmith, /s/ Render Hill, Representatives, Meriwether County. Sworn to and subscribed before me this 25th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved April 5, 1961.

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NEWTON COUNTYSALARY OF COMMISSIONER OF ROADS AND REVENUES. No. 397 (House Bill No. 483). An Act to amend an Act providing for a board of directors and one commissioner of roads and revenues for Newton County approved January 27, 1923 (Ga. L. 1923, p. 305), as amended, by an Act approved March 31, 1955 (Ga. L. 1955, p. 2477), so as to provide for a change in the compensation of the commissioner of roads and revenues of Newton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a Board of Directors and one Commissioner of Roads and Revenues for Newton County approved January 27, 1923 (Ga. L. 1923, p. 305), as amended, by an Act approved March 31, 1955 (Ga. L. 1955, p. 2477), is hereby amended by striking from section 5 of said Act the words and figures five thousand ($5,000.00) dollars and substituting in lieu thereof the words and figures seven thousand five hundred ($7,500.00), so that said section, when so amended shall read as follows: Section 5. The salary of the commissioner shall be seven thousand five hundred ($7,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Newton County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Pursuant to recommendation of grand jury of Newton County, I intend to introduce legislation pertaining to compensation for commissioner of roads and revenue in the 1961 session of the General Assembly. /s/ W. D. Ballard, Representative, Newton County.

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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 12, 19 and 26, 1961. /s/ W. D. Ballard, Representative, Newton County. Sworn to and subscribed before me this 2nd day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved April 5, 1961. CITY OF ALBANYVOTER REGISTRATION. No. 399 (House Bill No. 427). An Act to amend an Act creating and establishing a new charter for the City of Albany, approved October 18, 1923 (Ga. L. 1923, p. 370), as amended, particularly by an Act approved August 6, 1924 (Ga. L. 1924, p. 397), so as to change the date for the closing of the registration book for voters from forty-five (45) days to sixty (60) days prior to the general elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new charter for the City of Albany, approved October 18,

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1923 (Ga. L. 1923, p. 370), as amended, particularly by an Act approved August 6, 1924 (Ga. L. 1924, p. 397), is hereby amended by striking the words forty five (45) days as they appear in paragraph 4 of section 22, and substituting in lieu thereof the words sixty (60) days, so that when so amended, paragraph 4 of section 22 shall read as follows: (4) That sixty (60) days prior to the general city elections wherein any member of the governing body of the city is to be elected, the city clerk shall, insofar as registration of voters for that particular election is concerned, close the registration book, and within ten (10) days thereafter, shall deliver custody of the registration book to the registrars, together with a list of such names as appear on said book, who, for non-payment of any taxes, or for any other cause known to the clerk, are not entitled to vote in the election with respect to which the books are closed; and within twenty (20) days after the receipt of said books and said list the registrars shall prepare a complete list of all persons whose names appear on said book, and who are entitled to vote at said election arranged alphabetically with white and colored voters and wards listed separately, and showing all other entries appearing on said books except remarks, and said list shall be prima facie evidence of the right to vote on the part of the person listed; and persons whose right to be entered on said list is questioned by or before the registrars shall before being eliminated, be given at least one day's notice and an opportunity to be heard as provided in paragraph 7 of this section; and said registrars shall at the expiration of said twenty (20) days, file with the city clerk the list so made up by them, certified, and shall, before or at the opening of the polls, furnish the managers a certified copy of the same, and no person shall be allowed to vote at said election unless his name appears thereon, and the election managers shall be so governed, and shall enclose said list with their returns of the election, and in all special elections held in and for the city, the same procedure and requirements shall be followed except that the clerk shall close said book five (5) days

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after the call or order for said special election, and within five (5) days after said closing shall furnish the registrars said book and list, and the list of voters shall be made up within ten (10) days after its receipt, and delivered to the managers as aforesaid; provided further that where precincts are opened in the wards of the city for ward election the registrars shall furnish the managers at such precinct with a list of the voters of that ward only, under the same terms and requirements as herein provided; provided, that where a voter has at the time of the election removed into a ward different from that in which he registered, he may vote in the ward in which he moved without re-registering, if he will make oath on challenge that he has not voted in any other ward in that election. 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, George D. Busbee, who, on oath, deposes and says that he is Representative from Dougherty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: Dec. 23, 30, 1960 and Jan. 6, 1961. /s/ George D. Busbee, Representative, Dougherty County. Sworn to and subscribed before me this 2nd day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal).

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Notice of Local Legislation. Notice is hereby given that at the ensuing 1961 Session of the General Assembly of Georgia, there will be introduced for passage a local bill having the effect of changing the provisions of the city charter of the City of Albany so as to provide for the closing of the registration book sixty (60) days prior to general elections instead of forty-five (45) days as now provided in the charter. This the 20th day of December, 1960. /s/ George D. Busbee, /s/ Colquitt H. Odom, Representatives in the General Assembly from Dougherty County, Georgia. Approved April 5, 1961. CITY OF PORT WENTWORTHCHARTER AMENDED. No. 400 (House Bill No. 236). An Act to amend an Act incorporating, and creating a charter for, the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003 et. seq), and all Acts of the General Assembly amendatory thereof, so as to change and/or fix the day for holding regular elections for mayor and councilmen in and for said city; to change and/or fix the time for adoption of license ordinances relating to businesses, occupations, professions, trades or vocations carried on or engaged in within the said city; to require the governing authorities to prepare and adopt a budget for the city and to fix the time for the adoption thereof; to provide that in the event any part or provision of this Act shall be declared illegal by a court of competent jurisdiction, such shall not affect, destroy or impair the validity of

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the remaining parts of this Act; to make a part of this Act, the copy of notice of intention to apply for this local legislation and the certificate of the publisher showing publication thereof as required by law, and to declare that all requirements of the laws of Georgia relating to publication of this notice have been complied with before enactment of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that an Act incorporating, and creating a charter for, the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003 et. seq.), and all Acts of the General Assembly amendatory thereof, be, and the same are hereby amended, as follows: Section 1. Be it enacted by the authority aforesaid, that the next regular election of mayor and councilmen in and for the City of Port Wentworth shall be held on the second Tuesday in December, 1962, and a regular election for mayor and councilmen in and for said city shall be held biennially thereafter on the second Tuesday in the month of December; and the mayor and councilmen elected at each of these regular elections held in and for said city, shall take office on the first day of January next following their election in December, and they shall hold their respective offices for a period of two years and until their respective successors are elected and qualified. Mayor and councilmen. Section 2. Be it further enacted by the authority aforesaid, that at the first regular meeting of Council of the City of Port Wentworth held in the month of December, 1961, and at the first regular meeting of council held in the month of December in each calendar year thereafter, the mayor and councilmen of the City of Port Wentworth shall pass, and adopt, as is provided by the charter of the city and amendments thereto, a license ordinance fixing a license for each of the businesses, occupations, professions, trades or vocations carried on or engaged in within the corporate limits of said city, which,

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under the Laws of this State, are subject to municipal licenses, and fixing the amount of such license as shall be required to be paid for the carrying on of such business, occupation, profession, trade or vocation in and for the calendar year commencing on January 1 next thereafter; and the mayor and council of the City of Port Wentworth may issue fi. fa. against any person, firm, company or corporation who or which shall be subject to such license, and such fi. fa., when so issued, shall become and constitute a lien on all property liable to or 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, company or corporation who or which shall commence, begin or engage in any business, occupation, procession, calling or vocation for which a license is required to be paid by the mayor and council of the city to the City of Port Wentworth, without having first procured such license and complied with all other requirements of the ordinances of the City of Port Wentworth relating thereto, shall be guilty of violation of the city ordinance providing for such license, and upon conviction thereof in the police court of said city, such person, firm, company or corporation shall be punished as shall be provided by the ordinances of the city; and prosection and conviction under this section shall not be a bar to the issuance by the City of Port Wentworth of fi. fas. against such person, firm, company or corporation and the levy and sale of property belonging to such person, firm, company or corporation thereunder, but shall be in addition to the methods herein provided for collecting such license. If any person, firm, company or corporation shall commence, begin or engage in any business within the City of Port Wentworth, requiring a license under the ordinances of the city, and shall fail to procure and pay for such license within the time required and provided therefor, which time shall be not less than thirty (30) days after such license shall have become due and payable under provisions of the ordinances of the city fixing the same, and shall operate or carry on such business, occupation, profession, trade or vocation for a period of thirty (30) days without having procured such license

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after the ordinances of the City of Port Wentworth shall have required the procurement thereof, the mayor and council of the City of Port Wentworth shall then add the sum of twenty (20%) per cent of the total amount of such license to such license fee as a penalty for the failure to procure such license when such is due. The mayor and council shall have full power and authority to provide by ordinance for the classification of all businesses, occupations, professions, trades or vocations, and to fix the licenses to be paid by the different classes of businesses, occupations, professions, trades or vocations, and to make and adopt all other rules and regulations necessary and proper in the premises. License ordinance. Section 3. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Port Wentworth shall, at the last regular meeting of the council of said city held in the month of June in each year, commencing in June, 1961, adopt a budget, which shall have been previously prepared, and which shall relate to and be adopted to the financial operation of the City of Port Wentworth for the fiscal year of the city which shall commence on the first day of July next after the adoption of such budget. Budget. Section 4. Be it further enacted by the authority aforesaid, that in the event any article, section, paragraph, provision or provisions of this Act, in whole or in part, or any isolated portion of this Act, or any provision herein contained, shall be declared illegal, invalid or void by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of any of the remaining parts of this Act, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City of Port Wentworth any powers or authorities in excess of such as are permitted by the Constitution and the Laws of Georgia, or of the United States, then such powers or authorities herein granted, shall be construed to extend just so far as is possible not to exceed the authority of the General Assembly. Severability.

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Section 5. Be it further enacted by the authority aforesaid, that a copy of the Notice of Intention to Apply for this Local Legislation and the certificate of the publisher showing the publication of such notice as required by law, be, and are hereto attached and are made a part of this Act; and it is hereby declared that all of the requirements of the Constitution and Laws of the State of Georgia relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with before the enactment of this Act. Section 6. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with the provisions of this Act, be, and are, hereby repealed. State of Georgia, Chatham County. Personally appeared before me, the undersigned attesting officer, Dennis Pierce, affiant, who, after being duly sworn, deposes and on oath says that he is city attorney for the City of Port Wentworth and that he is the sponsor of the Bill to which this affidavit is attached, and that the notice of intention to apply for the passage of the local legislation to which this affidavit is attached, was published in the Savannah Evening Press, which said newspaper is the official organ of Chatham County, Georgia. on December 24, 1960, December 31, 1960, and January 7, 1961. /s/ Dennis Pierce. Sworn to and subscribed before me this 16th day of January, 1961. /s/ Charlotte Y. Sowell, Notary Public, Chatham County, Georgia. My commission expires Oct. 30, 1961. (Seal). State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Sophia Herrell, Secretary, Savannah News-Press,

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Inc., who on oath deposes and says that 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, that the following Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that application will be made at the January-February, 1961 Session of the General Assembly of Georgia, which convenes on January 9, 1961, for the passage of the following Bill: An Act to amend an Act incorporating, and creating a charter for, the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, pp. 2003 et. seq.), and all Acts amendatory thereof so as to change and/or fix the day for holding regular elections for mayor and councilmen for said city; to change and/or fix the time for adoption of license ordinances relating to businesses, occupations, professions, trades or vocations carried on or engaged in within the city; to require the governing authorities to prepare a budget and fix the time for the adoption thereof; to fix the powers and duties of the Mayor; to repeal conflicting laws; and for other purposes. /s/ Dennis Pierce, City Attorney for the City of Port Wentworth. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 24, 31, 1960 and January 7, 1961. /s/ Sophia Herrell.

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Sworn to and subscribed before me this 16th day of January, 1961. /s/ Robbie Jo Miller, Notary Public, Chatham County, Ga. My commission expires March 24, 1964. (Seal). Approved April 5, 1961. CHATHAM COUNTY CIVIL SERVICE SYSTEMREFERENDUM. No. 401 (House Bill No. 238). An Act to amend an Act creating a Civil Service System for the County of Chatham, approved February 23, 1956 (Ga. L. 1956, p. 2456) so as to provide for a referendum among employees and officials belonging to said system as to whether or not they desire said system; to provide the procedures 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 Civil Service System for the County of Chatham, approved February 23, 1956 (Ga. L. 1956, p. 2456) is hereby amended by adding thereto the following section which shall be appropriately numbered: Not later than sixty (60) days after approval of this Act the Ordinary of Chatham County shall issue a call for an election to determine whether the members of the Civil Service System shall desire that said system be continued. The ballot submitted to such members shall have written thereon the following:

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In favor of continuance of the Civil Service System of Chatham County..... Referendum. Against continuance of the Civil Service System of Chatham County..... The Ordinary shall then tabulate the votes cast in such referendum, record the same in his records, and certify the same to the Board of County Commissioners of Chatham County. In the event a majority of the County Employees voting in said election vote against the Civil Service System, this Act shall have no force or effect. In the event a majority of county employees voting in said election vote against the Civil Service System, then, in that event, the County Commissioners of Chatham County shall name four (4) members of the Board of County Commissioners ex-officio Judges of Chatham County and the county employees shall name four (4) members from their group and, together, the four members of the county commissioners and the four members of the employees' group shall undertake to study the present Civil Service System of Chatham County and shall make recommendations to the members of the General Assembly from Chatham County and to the Senator from the 1st District to be enacted into law at the next session of the General Assembly, January, 1962. 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, Sophia Herrell, Secretary, Savannah News-Press, Inc., who on oath deposes and says that 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, that the following

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State of Georgia, Chatham County. Notice is hereby given of intention to introduce legislation at the 1961 session of the General Assembly of Georgia relative to the following matters: (a) Legislation affecting the charter of the mayor and aldermen of the City of Savannah with respect to its territorial boundaries. (b) Legislation affecting the mayor and aldermen of the City of Savannah and the Commissioners of Chatham County with respect to the creation of a commission to study the governmental functions of said city and county and to make recommendations relative thereto. (c) Legislation affecting the charter of the mayor and aldermen of the City of Savannah and the commissioners of Chatham County with regard to their police forces, the consolidation of same and the creation of a metropolitan police force and a metropolitan police commission. (d) Legislation affecting the Recorder's Court of the City of Savannah, and the Recorder's Court of Chatham County, by providing for a consolidation of the same and the creating of a Savannah Metropolitan Recorders Court. (e) Legislation affecting the civil service system of Chatham County by providing for a referendum by the employees covered by such civil service as to whether or not said civil service shall be continued or discontinued. (f) Legislation affecting the salaries of the Judges of the Municipal Court of Savannah, the Clerk of the Municipal Court of Savannah, the Judge of the City Court of Savannah and the Coroner of Chatham County. (g) Other legislation affecting the charter of the mayor and aldermen of the City of Savannah and the commissioners of Chatham County. (h) Legislation affecting the Metropolitan Planning Commission of the City of Savannah and the County of

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Chatham, relative to the terms of office of the members thereof. (i) Legislation affecting the Savannah District Authority, relative to the terms of office of the members thereof. /s/ Ralph L. Crawford. /s/ Grady Dickey. has been published in said Savannah Evening Press once a week for 3 weeks, to-wit in the regular issues of December 24, 31, 1960, and January 7, 1961. /s/ Sophia Herrell. Sworn to and subscribed before me this 20th day of January, 1961. /s/ Robbie Joe Miller, Notary Public, Chatham County, Ga. My commission expires March 24, 1964. (Seal). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Ralph L. Crawford, 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 News-Press, Inc., which is the official organ of said county, on the following dates: Dec. 24 and 31, 1960, and Jan. 7, 1961. /s/ Ralph L. Crawford, Representative, Chatham County.

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Sworn to and subscribed before me this 23rd day of January, 1961. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My commission expires Oct. 19, 1964. (Seal). Approved April 5, 1961. TOWN OF MILNERHOURS OF HOLDING ELECTIONS. No. 402 (House Bill No. 480). An Act to amend an Act to establish a new charter for the Town of Milner, Lamar (formerly Pike) County, approved August 13, 1912 (Ga. L. 1912, p. 1131), so as to change the time for holding elections; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. That the Act establishing a new charter for the Town of Milner approved August 13, 1912 (Ga. L. 1912, p. 1131), be, and the same is hereby amended by striking from section 5 thereof the words and figures ten o'clock a.m. until 3 o'clock p.m., and inserting in lieu thereof the following words, to-wit: eleven o'clock a.m. until six o'clock p.m., so that said section 5 when so amended shall read as follows: Section 5. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be open from eleven o'clock a.m. until six o'clock p.m. when the polls shall be closed and the managers of all the elections shall proceed to count the ballots and declare the result; said election managers shall certify two lists of voters and two tally sheets, place one of each in the ballot box and securely seal the same

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and shall forthwith deliver the same to the clerk of the town, who shall keep the same with seal unbroken for thirty days, and if no contest is then instituted shall destroy the same without himself inspecting or allowing any one else to inspect said ballot. The other tally sheet and list of the voters together with a certificate showing the result of the election and signing by the managers shall be placed in a sealed package and forthwith delivered to the mayor, who shall keep the same until the first meeting of the town council at which time and place he shall open the same and declare the result of the election in the presence of the council. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit as to Publication of Notice Pertaining to Local Legislation. Georgia, Lamar County. Personally before me, the undersigned officer duly authorized to administer oaths, appeared William W. Dennis, who after being duly sworn to speak the truth and on his oath says: That he is owner, editor and publisher of the Barnesville News Gazette, a newspaper with a general circulation throughout said county and in which newspaper the sheriff's advertisements for said county are published, and that the attached printing is an exact copy of the notice that has been published in said News Gazette in the weekly issues of January 26th, February 2nd and 9th, 1961. /s/ William W. Dennis. Sworn to and subscribed before me, this the 18th day of February, 1961. /s/ Sam L. Whitmire, Notary Public, Lamar County, Georgia. My commission expires March 9, 1963. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1961 session of the General Assembly of Georgia a bill amending the charter of the Town of Milner to change the hours during which the polls will remain open when holding elections as provided in said charter. This the 20 day of January, 1961. /s/ Haygood Keadle, Representative of Lamar County, Georgia. Approved April 5, 1961. CRAWFORD COUNTYCOMPENSATION OF TREASURER. No. 403 (House Bill No. 185). An Act to amend an Act entitled An Act to prescribe and limit the compensation of the Treasurer of Crawford County for receiving and disbursing the county money, and to fix the salary for his services, and for other purposes, approved July 29, 1919 (Ga. L. 1919, p. 636), as amended by an Act approved February 8, 1950 (Ga. L. 1950, p. 2274), and an Act approved March 7, 1955 (Ga. L. 1955, p. 3151), so as to provide for the fixing of the treasurer's annual salary by the board of commissioners of roads and revenues of Crawford County at a figure of not less than $900.00, and not more than $1,200.00; to provide for the time and manner of payment of such salary; 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 prescribe and limit the compensation of the treasurer of Crawford

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County for receiving and disbursing the county money, and to fix the salary for his services, and for other purposes, approved July 29, 1919 (Ga. L. 1919, p. 636), as amended by an Act approved February 8, 1950 (Ga. L. 1950, p. 2274), and an Act approved March 7, 1955 (Ga. L. 1955, p. 3151), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof the following: Section 1. The compensation to be received by the treasurer of Crawford County for discharging the duties of his office shall be fixed annually by the board of commissioners of roads and revenues of Crawford County at the first meeting held in each year. The salary so fixed by said board shall not exceed $1,200.00 per year, nor be less than $900.00 per year, and shall be payable in equal monthly installments on warrants drawn by said board on the treasury of Crawford County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that there will be introduced at the 1961 session of the General Assembly of Georgia, a Bill to amend an Act entitled An Act to prescribe and limit the compensation of the treasurer of Crawford County for receiving and disbursing the county money, and to fix the salary for his services, and for other purposes, approved July 29, 1919 (Ga. L. 1919, p. 636) as amended, so as to authorize the commissioners of roads and revenues of Crawford County to change the compensation to be paid to the treasurer of said county, to repeal conflicting laws and for other purposes. This 23rd day of December, 1960. /s/ Joe T. Stewart, Treasurer, Crawford County.

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Georgia, Crawford County. I, Mrs. Homer C. Seagler, being first duly sworn, on oath say: That I am editor of the Georgia Post, a weekly newspaper and the official organ of Crawford 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 22nd, 29th, 1960 and January 5, 1961. /s/ Mrs. Homer C. Seagler. Sworn to and subscribed before me, this 16th day of January, 1961. /s/ T. P. Smith, Notary Public, Crawford County, Georgia. (Seal). Approved April 5, 1961. FULTON COUNTYCHIEF DEPUTY CLERK OF SUPERIOR COURT. No. 404 (House Bill No. 652). An Act to provide that in Fulton County the Ordinary, Sheriff, Clerk Superior Court,.....may appoint a chief deputy.....and for other purposes., approved March 24, 1939 (Ga. L. 1939, p. 565) as heretofore amended, be further amended by striking sections 5(a) and 5(b) in their entirety which were incorporated by amendment approved December 10, 1953 (Ga. L. 1953, p. 2177, et seq.) and inserting new sections and subsections in lieu thereof so as to provide that the chief deputy clerk of the superior court may serve as administrative officer of the superior court or another deputy may be appointed to render said service; to provide

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the salary of the chief deputy clerk of the superior court and a salary for the administrative officer of the court; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That sections 5(a) and 5(b) of the Act approved March 24, 1939 entitled An Act to provide that in Fulton County, Georgia the Ordinary, Sheriff, Clerk Superior Court.....may appoint a chief deputy or chief clerk or chief assistant as the case may be....., as heretofore amended by the Act approved December 10, 1953, (Ga. L. 1953, Nov.-Dec. Session, p. 2177, et seq.) be further amended by striking sub-sections 5(a) and 5(b) in their entirety and inserting in lieu thereof new sections to be known as subsections 5(a) and 5(b) respectively, and in the following language to-wit: Section 5(a). The chief deputy clerk of the Superior Court may serve as administrative officer of the Superior Court of Fulton County and as such aid the judges of said court in expediting the transaction of the business of said court in such manner as the judges thereof may direct. However, if the clerk of the Superior Court shall deem proper in his discretion, he may appoint a deputy other than the chief deputy clerk to perform the duties of administrative officer of the Superior Court of Fulton County. Chief deputy clerk. Section 5(b). The salary of the chief deputy clerk of the Superior Court and of the deputy performing the duties of the administrative officer of the Superior Court of Fulton County, whether both positions are held by the same or by different officers, shall be fixed by the Commissioners of Roads and Revenues of Fulton County in the same manner that the salaries of other deputies are fixed; provided, however, the aggregate salary paid to the chief deputy clerk of the Superior Court for all purposes shall not be less than that paid the chief deputy

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Sheriff, the chief deputy Ordinary and the chief deputy tax commissioner of Fulton County for their services. Salary. Section 2. A copy of notice of intention to apply for this local legislation and an affidavit or 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 of the requirements of the Constitution of Georgia relating to the publication of notice of intention to apply for passage of this local legislation have been complied with for the enactment of this law. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. 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 29 day of December, 1960, and on the 5, 12 days of January, 1961 as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 16 day of February, 1961. /s/Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1963. (Seal).

Page 3083

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the session of the General Assembly of Georgia convening in January, 1961 a Bill to amend the Act approved March 24, 1939 (Ga. L. 1939, p. 565) relating to chief deputies in Fulton County, as heretofore amended. Pertinent changes in the law affecting the chief deputy and administrative officer of the Clerk of the Superior Court of Fulton County will be introduced in said Act. This 28 day of December, 1960. /s/ Harold Sheats, County Attorney. Approved April 5, 1961. CITY OF TOCCOAELECTIONS. No. 405 (House Bill No. 335). An Act to amend an Act to incorporate the City of Toccoa, Stephens County, Georgia, approved August 24, 1931, providing for the hours of voting and the disposition of the ballots after election; to repeal in its entirety an Act approved February 19, 1951 (Ga. L. 1951, p. 2520); to provide for the changing of the hours of voting so the polls for the holding of all elections in and for the City of Toccoa shall be opened at 7:00 o'clock a. m. and remain open until 6:00 o'clock p. m. by the time in common use in the City of Toccoa; to repeal conflicting laws; and to provide 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:

Page 3084

Section 1. An Act approved February 19, 1951 (Ga. L. 1951, p. 2520) entitled: An Act to amend an Act to incorporate the City of Toccoa, Stephens County, Georgia, approved August 24, 1931, providing for the hours of voting; to provide for changing the hours of voting so that the polls for the holding of all elections in and for the City of Toccoa shall be opened at 6:30 a. m. and remain open until 6:00 p. m. by the time in common use of the City of Toccoa; and providing for other purposes. is hereby repealed in its entirety. Section 2. An Act approved August 24, 1931, (Ga. L. 1931, p. 994) is hereby amended by striking from section 10 found on page 1000 of said Act in line 8 the words and figures 6:30 o'clock a. m. and substituting in lieu thereof 7:00 o'clock a. m. and by striking from the same section of said Act in lines 8 and 9 on page 1000 the words and figures 4:00 o'clock a. m. and substituting in lieu thereof 6:00 o'clock p. m., so that said section 10, as amended, shall read as follows: Section 10. At least five days prior to any election the commission shall name as election managers three qualified voters of said City of Toccoa; but no person who is a candidate for any office in the City of Toccoa, or who is, at the time of said election an office-holder of said city, or who is related to or is an employee of a candidate, shall act as manager or clerk thereof. The election managers when organized and ready for receiving votes, at any election held in said city, shall receive from the city clerk the official registration list that has been certified by the registrars as the correct list of voters qualified to vote in said election, sealed as provided, and shall break the seal and use said list in said election, and shall not permit any person to vote whose name is not in said list. Said managers shall plainly mark or check each name as voted. After said election, all ballots cast in said election shall be deposited in the ballot box carefully sealed and turned over to the clerk of the commission for safe-keeping, who shall deposit

Page 3085

same in the vault of the city, without opening it, until the first regular meeting of the commission held thirty days after said election, when, in the event of no contest having been filed as to results of said election, the ballots shall be destroyed by them. The voting-lists and tally-sheets shall be returned to the city clerk, and shall be preserved in the city records. The polls for the holding of all elections in and for the said City of Toccoa shall be opened at 7:00 o'clock a. m., and remain open until 6:00 o'clock p. m., by the time in common use in the City of Toccoa. The managers of the election shall certify the results thereof to the commission by their certificates which they shall deliver to the city clerk, who shall record said certificate on the minutes or other book kept for that purpose, and said record shall be evidence of the result of said election. Section 3. All other laws and parts of laws in conflict with this Act are hereby repealed. Section 4. 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 of 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. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the 1961 session of the General Assembly of Georgia for the passage of an Act to provide that the polls for the holding of all elections in and for the City of Toccoa, Georgia, shall be open at 7:00 o'clock a. m. and remain open until 6:00 o'clock p. m. by the time in common use in the City of Toccoa; to provide for the disposition of ballots after they have been counted; and to amend or repeal all existing laws in conflict with these provisions.

Page 3086

This 30th day of December, 1960. /s/ R. V. Murray, Mayor, City of Toccoa, Georgia. Georgia, Stephens County. Personally before me the undersigned officer authorized by law to administer oaths appeared Robert W. Graves who being duly sworn, deposes and says that he is the editor and publisher of the Toccoa Record, a newspaper published in the County in which the City of Toccoa is located and that the Toccoa Record is the official newspaper of Stephens County, Georgia and the newspaper in which the sheriff's advertisements for said locality affected are published and that the above and foregoing notice of intention to apply for local legislation was published in the Toccoa Record on the following dates: January 5, 1961, January 12, 1961 and January 19, 1961, as provided by law. /s/ Robt. W. Graves, Sr. Sworn to and subscribed before me, this 28th day of January, 1961. /s/ Robert B. Struble, Notary Public, Stephens County, Georgia. My Commission Expires June 6, 1963. (Seal). Approved April 5, 1961.

Page 3087

SALE OF TAX FI. FAS. IN COUNTIES HAVING POPULATION OF MORE THAN 500,000 PERSONS. No. 406 (House Bill No. 647). An Act to provide in all counties of the State having a population of 500,000 or more according to the Federal Census of 1960 or any future federal census, that the sale of tax fi. fas. by the tax commissioner or tax collector shall be optional; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. In all counties of this state having a population of 500,000 or more the sale and transfer of tax fi. fas. shall be optional with the tax commissioner or tax collector of such counties. When the option to sell such fi. fas. is exercised, the commissioner shall retain the physical control of same and shall act as agent for the purchaser of such fi. fas. on collection and cancellation thereof. In so doing he shall have the authority to collect only the lawful charges, principal, interest and costs applicable to such fi. fas. and shall distribute the same to the transferee but shall have to cancel such fi. fa. in the name of the property owner. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved April 5, 1961.

Page 3088

CITY OF GAINESVILLECORPORATE LIMITS. No. 408 (House Bill No. 549). An Act to amend the charter of the City of Gainesville, Georgia, by changing the corporate limits by annexing thereto a portion of U. S. Highway No. 129 and property acquired and to be acquired by the City of Gainesville for public school purposes. Be it enacted by the General Assembly of Georgia and it is enacted by authority of same as follows: Section 1. The corporate limits of the City of Gainesville as now existing pursuant to the charter of the City of Gainesville as heretofore amended are extended so as to include the following defined areas within the corporate limits: 1961 City Limits Extension No. 1 All that tract of land lying and being in Hall County, Georgia, adjacent to the present city limits of Gainesville, Georgia, and being more fully described as follows: All of the right of way of U. S. Highway 129 lying between the present one (1) mile radius city limits line of Gainesville, Georgia, and a right of way monument located on the southwest side of the right of way of Highway 129, said monument being located 2472 feet southeast of the intersection of the center of Cooley Drive and Highway 129. The foregoing tract of land is 80 feet wide and extending from the present city limits line to said right of way monument. 1961 City Limits Extension No. 2 All that tract of land lying and being in Hall County, Georgia, more particularly described as follows: Beginning at an iron pin and right of way monument on the southwest side of the right of way of U. S. Highway 129, the same being located 2472 feet southeast of the intersection of the center line of Cooley Drive and the center

Page 3089

line of U. S. Highway 129 and running thence S 39-55[UNK]W, 2057.0[UNK] to a point, thence N. 57-00[UNK]W, 430[UNK] to a point, thence N 30-00[UNK]W 655.0[UNK] to a point, thence N 49-22[UNK]E, 987.0[UNK] to a point, thence N 20-40[UNK]W 152[UNK] to a point, thence N 45-48[UNK]E 287.4[UNK]to a point, thence S 61-30[UNK]E, 172.0[UNK] to a point, thence N 49-22[UNK]E 540[UNK] to a point 40[UNK] from center of Highway 129, thence S 42-55[UNK]E, 102.5[UNK] to a point, thence S 45-55[UNK]E, 104.5[UNK] to a point, thence S 47-00[UNK]E, 146[UNK] to a point, thence S 49-43[UNK]E, 148[UNK] to a point, thence S 52-46[UNK]E, 230[UNK] to the place of beginning. Section 2. Pursuant to the approval of this Act by the Governor, the City Engineer of the City of Gainesville shall certify and forward to the Secretary of the State of Georgia a map or maps made in conformity with the descriptions of the city limits extensions herein defined and said map or maps defining said two areas shall be kept on file in the office of the Secretary of the State of Georgia. Map. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation Changing the Charter of the City of Gainesville, Georgia. Notice is hereby given that application will be made at the 1961 session of the General Assembly of Georgia which convenes in January 1961 for the passage of local legislation to: (1) Amend the charter of the City of Gainesville; (2) Change the corporate limits of the City of Gainesville by annexing thereto a portion of U. S. Highway No. 129, property acquired and to be acquired by the City of Gainesville for public school purposes, and such other property adjacent thereto as may be requested in writing by the owners thereof to be annexed to the city;

Page 3090

(3) Amend Act No. 194 (Ga. L. 1951) with respect to dates for returning and paying ad valorem taxes in the City of Gainesville. City of Gainesville, By: William A. Pratt, Secretary to City Commission. Georgia, Fulton County. W. M. Williams personally appeared before the undersigned officer who is authorized to administer oaths and after being duly sworn deposes and says that he is a Representative from Hall County to the General Assembly of Georgia and that the attached copy of Notice of Local Legislation Changing the Charter of the City of Gainesville, Georgia was published in the Daily Times, which is the official organ of Hall County, Georgia, on the following dates, January 20th, January 25th, and February 1st, 1961. /s/ W. M. Williams, Representative, Hall County, Ga. Sworn to and subscribed before me, this 21st day of February, 1961. /s/ Frances H. Kilpatrick, Notary Public, Georgia, State at Large. My Commission Expires July 16, 1962. (Seal). Approved April 5, 1961.

Page 3091

CITY OF WARWICKNAME CHANGED FROM TOWN OF WARWICKMAYOR'S COURT, TAX RATES. No. 410 (House Bill No. 449). An Act to amend an Act providing a new charter for the Town of Warwick, approved August 8, 1922, (Ga. L. 1922, p. 1065), so as to change the name of the Town of Warwick to the City of Warwick, so as to increase the amount of fines authorized to be imposed; to change the tax rate for said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the Town of Warwick, approved August 8, 1922, (Ga. L. 1922, p. 1065), is hereby amended by striking therefrom section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. (a) From and after the passage of this Act, the Town of Warwick in the County of Worth, as incorporated herein, with perpetual and successive existence with the right to sue and be sued, plead and be impleaded, contract and be contracted with, and have and exercise any and all rights, powers and privileges of a municipal corporation not inconsistent with the constitution and laws of the State of Georgia, shall be known as the City of Warwick. Name changed. (b) When and whereafter, and in any place within the body of this Act the words `Town of Warwick' shall appear, the words `City of Warwick' shall be substituted, and wherever the word `Town shall appear the word `City' shall be substituted. Section 2. Said Act is further amended by striking from section 15 thereof the word fifty and substituting in lieu thereof the word one hundred, so that when so amended section 15 shall read as follows:

Page 3092

Sec. 15. Be it further enacted by the authority aforesaid, and it is hereby enacted, That a police court be, and the same is hereby created for the said municipal corporation to be known and designated as the mayor's court, with jurisdiction to try all offenders against the laws, ordinances, rules and regulations of the said corporation, the same to be presided over by the mayor, or in the absence, disqualification or failure of the mayor, by the mayor pro tem., or by any person designated by the mayor and council to preside over said court. The mayor's court may impose penalties and administer punishments to offenders as may be prescribed by the mayor and council, and may enforce the same by work upon the streets or other public works of the said town for a period not to exceed thirty days, imprisonment in the jail of the town or in the county jail of Worth County for a term not to exceed thirty days, or by fine not to exceed one hundred dollars, any one or more or all in the discretion of the officer imposing the sentence. The mayor and council may establish and maintain a chain-gang in the said town for the purpose of working those sentenced by the mayor's court, same to be maintained in accordance with the policy of the laws of the State of Georgia as to the working of convicts. The mayor's court shall be held at such time and place and under such rules and regulations as to pleadings, practice and all other matters as the mayor and council may prescribe. The clerk of the mayor and council shall be ex-officio clerk of the mayor's court and shall issue all processes, summons, writs and the like from the mayor and council and from the mayor's court, same to bear test in the name of the mayor or acting officer. The mayor and council shall fix by ordinances all fees to be collected by the officers for any and all services rendered by them, and provide for the collection and enforcement of same. All fees, fines, forfeitures and monies of all kinds collected shall be paid into the town treasury, and become a part of the general fund. The mayor's court shall have the same powers as to issuing warrants for State offenses, preliminary investigations, commitments, granting bail, and the like as justices of

Page 3093

the peace under State laws. The mayor's court shall have all of the powers given judges of the superior courts, and provided for the superior courts, by State laws, to require the attendance of witnesses, the production of evidence, forfeit and enforce recognizance and other obligations, maintain order, punish for contempt, and the like, with reference to all trials and matters coming under its jurisdiction. Mayor's court. Any one dissatisfied with the judgment or sentence of the mayor's court shall have the right of appeal from such judgment or sentence to the council, such appeal to be filed in writing with the clerk within four days (exclusive of Sundays) after the date of the judgment or sentence complained of, the practice being substantially the same as in cases of appeal from the judgment of a justice of the peace to a jury, the costs to be required not to exceed five dollars, and a pauper affidavit may be made in lieu of paying cost. When an appeal has been filed, any three members of the council, not including the mayor or officer rendering the judgment or imposing the sentence complained of, may preside; and if not three members qualified, those qualified may appoint any citizen or citizens of the town to act thus making up a court of three qualified persons to hear the appeal, who shall have all of the powers of the mayor's court, and conduct a de novo investigation, fix the punishment, and impose sentence, changing the former judgment and sentence in any way they see proper. If dissatisfied with the judgment or sentence on appeal the same may be carried by writ of certiorari to the superior court as is provided for by the laws of the State, and under regulations fixed by the mayor and council not inconsistent with State laws on the subject. Section 3. Said Act is further amended by striking from section 16 thereof the words one-half of one per centum and substituting in lieu thereof the words fifteen mills, so that when so amended section 16 shall read as follows: Sec. 16. Be it enacted by the authority aforesaid,

Page 3094

and it is hereby enacted, That the mayor and council of said town shall have and is hereby given the authority and power to levy and collect an annual ad valorem tax on all of the property and franchises within the corporate limits and jurisdiction of the said municipal corporation for ordinary current expenses at such rates as they see proper from time to time, not to exceed fiften mills of the valuation thereof; and also, in addition thereto, such amount from time to time, and at such rate as the mayor and council may deem necessary and proper, for extraordinary expenses, such as expenditures for education, for paving and macadamizing streets, providing water, lights, sewerage and other necessary and proper public utilities and the like, the aggregate amount of debts thus contracted by the issue of bonds or otherwise not to exceed the limitation fixed by the Constitution of the State of Georgia, and the tax rate from time to time to be fixed so as to meet and pay such extraordinary expenses and debts, principal and interest, according to the amounts and maturities thereof. Tax rate. 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, during the 1961 session of the Georgia General Assembly, legislation will be introduced to amend an Act approved Aug. 22, 1905 (and the Act amendatory thereof), appeared Aug. 10, 1921 (and the Act amendatory thereof) approved Aug. 11, 1922, relating to a charter for the town of Warwick, so as to change the name to the City of Warwick to repeal conflicting laws and for other purposes. Respectfully, David C. Jones, State Representative, Worth County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3095

duly authorized to administer oaths, David C. Jones, who, on oath, deposes and says that he is Representative from Worth County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester (Ga.) Local, which is the official organ of said county, on the following dates: January 12, 19 26, 1961. /s/ David C. Jones Representative, Worth County. Sworn to and subscribed before me, this 2nd day of February, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved April 5, 1961. LICENSING OF PLUMBERS AND STEAMFITTERS IN COUNTIES HAVING POPULATION OF MORE THAN 500,000 PERSONS. No. 411 (House Bill No. 692). An Act to provide for the examination of master and journeyman plumbers and master and journeyman steamfitters, carrying on said vocation in all counties of this State having a population of 500,000 inhabitants or more according to the United States Decennial Census of 1960, or any future census; to create a Board of Examiners for said purpose; to provide for the issuance and renewal of certificates for carrying on the said vocations; to define and provide the procedures connected therewith; to provide for a penalty for the violation of the provisions of said Act; to repeal conflicting laws; and for other purposes.

Page 3096

Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of 500,000 inhabitants or more according to the United States Decennial Census of 1960, or any future census, there shall be created a board of examiners to determine the fitness of master and journeyman plumbers and master and journeyman steamfitters to engage in said vocations, in order to safeguard life, health and property in said counties. Where applicable. Section 2. Master and journeyman plumbers and master and journeyman steamfitters as referred to in this Act are defined as follows: (a) A master plumber is defined as a person who assumes the responsible charge and direction of other persons in the installation of plumbing and drainage, and is skilled in the art of plumbing superintending and has sufficient practical knowledge of plumbing and drainage to efficiently and properly assume the responsible charge and direction of other persons in the installation of plumbing and drainage. Definitions. (b) A journeyman plumber is defined as a person who performs the work of installing plumbing under the direction of a master plumber, and who has knowledge of plumbing and drainage, sufficient to properly and skillfully install plumbing and drainage facilities. (c) A master steamfitter is defined as one who assumes the responsible charge of other persons in the installation of steam boilers and radiation and power plants, and steam mains, and who is equipped with sufficient knowledge of the proper installation of said equipment to efficiently and adequately direct the installation of said equipment in such manner as to properly safeguard life, health and property. (d) A journeyman steamfitter is defined as a person who is skilled in the installation of steam boilers, steam mains, and radiation for heating buildings and for power

Page 3097

purposes, and who is capable of installing such equipment in a manner which will safeguard life, health, and property in the use of said equipment. Section 3. All persons desiring to practice the vocation of master or journeyman plumbers, or master or journeyman steamfitters, shall be required to stand an examination as to their knowledge and skill, so as to come within the definitions of said classes hereinbefore given. The Board of Examiners shall consist of the county health officer, the county plumbing or building inspector, if there be one. If there be none, then the chief plumbing inspector of the most populous municipality within the county, or lying partially within the county, and also one master plumber, one master steamfitter, one journeyman plumber, and one journeyman steamfitter, the latter four to be appointed by the board of commissioners of roads and revenues of said counties, each of said appointees to serve as a member of said Board of Examiners for a term of four years. Examinations, Board. Section 4. Each of the members of said Board shall take an oath before a judge of the Superior Court of said counties, that he will faithfully perform the duties of his office. Said Board shall have the right to elect a chairman and secretary thereof and shall designate the time and place for holding examinations of applicants desiring to obtain a certificate as a master or journeyman plumber or master or journeyman steamfitter. Oath of board. Section 5. Any applicant failing to pass his first examination for a certificate for any of the above vocations, shall be entitled to take any examination held within six months from the date of his failure without the payment of any additional fee. Examinations. Section 6. For the purpose of defraying the expenses in carrying out the provisions of this Act, the Board of Examiners herein provided for may fix fees to be paid by applicants for certificates, but in no event shall the charges fixed by said Board exceed the following:

Page 3098

Master plumbers and master steamfitters, twenty-five ($25.00) dollars, Fees. Journeyman plumbers and journeyman steamfitters, five ($5.00) dollars. All of the fees fixed by the Board of Examiners must accompany the applications for examinations and no part of said fees shall be refunded. Said fees shall be received by said Board and held by it solely for the purpose of paying the expenses of carrying out the provisions of this Act. Section 7. Each of the members of the board of examiners shall receive the sum of fifteen ($15.00) dollars per day for each day actually engaged in the performance of the duties imposed by this Act, said sums to be paid only out of the fees received for examinations and renewal certificates, and no member shall receive compensation for a total of more than 60 days per calendar year. Fees of examiners. Section 8. Examinations shall be made up by said Board for the different classes of certifications, that is master plumbers or journeyman plumbers, and master steamfitters or journeyman steamfitters, and shall be of such a character as to test and determine the fitness and qualification of the applicants for the class of certification applied for and their ability to properly carry on the work authorized under the certification applied for in such a manner as to safeguard and preserve the public health, safety and general welfare. Such examinations with respect to the different classes of certification shall embrace, but shall not be limited to the following: Classes of examinations. (a) Examinations for the certification of master plumbers shall test the knowledge and skill of the applicant as to his theoretical or practical knowledge of plumbing and drain laying, and his ability to read and interpret plans and specifications for the installation, construction, alteration or repair of plumbing and house drains.

Page 3099

(b) Examinations for the certification of journeyman plumbers shall test the knowledge and skill of the applicant as to his ability to perform the work of installing plumbing under the direction of a master plumber, and as to his knowledge of plumbing and drainage sufficient to properly and skillfully install plumbing and house drainage facilities. (c) Examinations for the certification of master steamfitters shall test the knowledge and skill of the applicant as to his theoretical or practical knowledge of steamfitting, and his ability to read and interpret plans and specifications for the installation, construction, alteration or repair of steam boilers, steam mains and radiation for heating buildings. (d) Examinations for the certification of journeyman steamfitters shall test the knowledge and skill of the applicant as to his ability to perform the work of steamfitting under the direction of a master steamfitter, and as to his knowledge of steamfitting sufficient to properly and skillfully install steam boilers, steam mains, and radiation for heating buildings and for power purposes. Examinations shall be held at such time and place as may be fixed by the Board of Examiners at least quarterly. Written notice of the time and place of examinations shall be mailed to all persons who have filed applications for the examinations with the secretary of the Board of Examiners, to the address given on his application. Section 9. Within thirty days after the passage of this Act, any person who shall apply to said Board of Examiners for a certificate authorizing him to engage in the vocation of a master plumber or master steamfitter, or journeyman plumber or journeyman steamfitter, who furnishes satisfactory evidence to said Board that he has skillfully engaged in said vocation in the counties affected by this Act, for a period of at least five consecutive years prior to the time of application, shall be issued a certificate authorizing him to engage in said business without the examination provided for in this

Page 3100

Act, Provided, all such applicants shall pay to said Board the fee prescribed for applicants for examinations for the classes designated. Persons presently engaged in performing of duties. Section 10. All certificates provided for herein shall be renewed annually, not later than 90 days after the first day of January of each year, and all holders of certificates shall be entitled to renewal thereof upon payment of a renewal fee of ten ($10.00) dollars per annum for master plumbers and master steamfitter, and three ($3.00) dollars per annum for journeyman plumbers and journeyman steamfitters, and upon proof to the Board of Examiners that their skill, ability and character are sufficient for them to satisfactorily perform the services of the particular vocation for which renewal certificate is sought. Renewal of certificates. Section 11. No individual as a sole proprietorship, and no partnership or corporation shall have the right to engage in the business of plumbing or steam installations or repairing for the public for public for profit in counties coming within the provisions of this Act, unless there is connected with such individual, partnership or corporation a master plumber and journeyman plumber or master steamfitter and journeyman steamfitter who hold certificates issued to them as provided for in this Act. Only the master plumber and journeyman plumber or master steamfitter and journeyman steamfitter, so connected, shall engage in the actual plumbing or steamfitting work and such master plumber or master steamfitter shall be available with full authority to personally and immediately supervise any and all of the actual plumbing or steamfitting work of the individual, partnership or corporation. The business of plumbing or steam installations or repairing shall not include the installation of domestic water heaters. Right to engage in business. Section 12. It shall be the duty of all partnership and corporations engaged in the business of plumbing or steam installation, or repairing, to immediately notify the secretary of the Board of Examiners of the severance of connections of any master or journeyman plumber or

Page 3101

master or journeyman steamfitter with such partnership or corporation. Same. Section 13. Any person, firm or corporation violating any provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Crimes. Section 14. If any clause, sentence or paragraph, or part of this Act, shall for any reason be held by any court of competent jurisdiction to be invalid, said judgment shall not affect, impair or invalidate the remainder of this Act, but shall be confined in its operation to the clause, paragraph or part directly involved in controversy in which said judgment was rendered. Severability. Section 15. None of the provisions of this Act shall apply within the corporate limits of any municipality in this State lying within a county or counties having a population of 400,000 inhabitants or more according to the United States Decennial Census of 1960, or any future census. Where applicable. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. CITY OF PAVOELECTION OF MAYOR AND COUNCILMEN. No. 412 (House Bill No. 222). An Act to amend an Act creating a new charter for the City of Pavo, Georgia, (formerly the Town of Pavo), in the Counties of Thomas and Brooks, which was approved August 21, 1911, (Ga. L. 1911, p. 1503), as amended by Acts approved August 11, 1913, (Ga. L. 1913, p. 1096), July 30, 1927, (Ga. L. 1927, p. 1465), March 27, 1947, (Ga. L. 1947, p. 1096), February 12,

Page 3102

1952, (Ga. L. 1952, p. 2390), and an Act approved December 9, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 2086), so as to provide a change in the election of the mayor by requiring a runoff in the event there are more than two candidates for mayor in the regular election and no candidate for mayor receives a majority of the votes cast at such regular election; 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 Pavo, Georgia, (formerly the Town of Pavo), in the Counties of Thomas and Brooks, which was approved August 21, 1911, (Ga. L. 1911, p. 1503), as amended by Acts approved August 11, 1913, (Ga. L. 1913, p. 1096), July 30, 1927, (Ga. L. 1927, p. 1465), March 27, 1947, (Ga. L. 1947, p. 1096), February 12, 1952, (Ga. L. 1952, p. 2390) and an Act approved December 9, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 2086), is hereby amended by striking therefrom section 9 in its entirety and substituting in lieu thereof a new section 9 which shall read as follows: Section 9. (a) Be it further enacted that the person receiving the highest number of votes at said election for mayor shall be declared duly elected, provided there are only two candidates contending for said office; and provided further that if more than two candidates shall contend for such office, then the one receiving the majority of votes cast shall be declared duly elected; and provided further that if no candidate contending for such office shall receive a majority of the votes cast, then and in that event a run-off election shall be held within 10 days following the regular election between the two candidates contending in such regular election who receive the highest number of votes, and the candidate in such run-off receiving the highest number of votes shall be declared duly elected. (b) The person or persons who shall receive the highest number of votes at said election for councilmen shall be declared duly elected.

Page 3103

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Thomas County. Personally appeared before me, a notary public, the undersigned, Lee E. Kelly, who, on oath, says that he is General Manager of The Times-Enterprise, Weekly Edition, a newspaper published in the City of Thomasville, Georgia, being of general circulation and being the legal organ for the County of Thomas, 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 16, December 23 and December 30, 1960. Notice of Proposed Legislation. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next 1961 session of the General Assembly of Georgia, the title of such bill to be as follows: `An Act to amend the charter of the City of Pavo, Georgia, in the Counties of Thomas and Brooks, approved August 21, 1911, which charter was amended on August 11, 1913, on pages 1096 and 1097 of the Georgia Laws of 1913, and on July 30, 1927, on pages 1465-1470 of the Georgia Laws of 1927, and on February 12, 1952, on pages 2390-2392 of the Georgia Laws of 1952, and on December 9, 1953, on pages 2086-2089 of the Georgia Laws of 1953; to provide a change in the election of mayor so as to require a run-off in the event there are more than two candidates for mayor in the regular election and provided no candidate for mayor receives a majority of the votes cast at such regular election.' By authorization of the Mayor and Council of the City of Pavo, Georgia. Altman Johnson and Billy G. Fallin, City Attorneys. /s/ Lee E. Kelly

Page 3104

Sworn to and subscribed before me, this 5th day of January, 1961: /s/ L. R. Davis Notary Public, Thomas County, Georgia. My Commission expires September 8, 1962. (Seal). Approved April 5, 1961. MORGAN COUNTYCOMPENSATION OF ASSISTANTS TO CLERK OF SUPERIOR COURT. No. 413 (House Bill No. 471). An Act to amend an Act providing a salary system for certain county officers of Morgan County, approved March 17, 1960 (Ga. L. 1960, p. 2518), so as to change the amount authorized for assistants for the clerk of the superior court of Morgan County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary system for certain county officers of Morgan County, approved March 17, 1960 (Ga. L. 1960, p. 2518), is hereby amended by striking from section 2 the following shall not exceed the sum of twelve hundred ($1200.00) dollars per annum, and inserting in lieu thereof the following shall be not less than eighteen hundred ($1800.00) dollars per annum and not more than twenty-four hundred ($2400.00) dollars per annum, as shall be determined by the governing authority of Morgan County, so that when so amended section 2 shall read as follows: Section 2. The clerk of the superior court of Morgan County shall be compensated in the sum of seven thousand ($7,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Morgan County.

Page 3105

The clerk is hereby authorized to employ such deputies or other clerical assistants as may be necessary for the efficient operation of his office and the compensation of such assistants shall be paid from the funds of Morgan County, provided, however, that the total amount of compensation paid for such assistants from the funds of Morgan County shall be not less than eighteen hundred ($1800.00) dollars per annum and not more than twentyfour hundred ($2400.00) dollars per annum, as shall be determined by the governing authority of Morgan County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. February 10, 1961. This is to certify that I am the publisher of The Madisonian, the official organ of Morgan County, Georgia, and that the attached Notice of Intention to Introduce Local Legislation, herewith attached, was published in three (3) issues of The Madisonian, Madison, Morgan County, Georgia. This Notice was published on January 12, 19 and 26, 1961. /s/ W. Graham Ponder, Publisher. /s/ Joe D. Baldwin, Clerk of Superior Court, Morgan County, Ga. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to change the amount authorized for assistants

Page 3106

for the clerk of the superior court of Morgan County; and for other purposes. Howard Tamplin, Representative, Morgan County. Approved April 5, 1961. CITY OF ATLANTA-FULTON COUNTY RECREATION AUTHORITYAMENDED. No. 414 (House Bill No. 457). An Act to amend an Act entitled an Act to create the City of Atlanta and Fulton County Recreation Authority;..... and for other purposes approved March 17, 1960 (Ga. L. 1960, p. 2810) so as to authorize the City of Atlanta and Fulton County to contract with said Authority and in connection therewith to issue bonds for the purpose of meeting any obligation undertaken by said city or county jointly or in connection with said Recreation Authority; 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 the Act entitled An Act to create the City of Atlanta and Fulton County Recreation Authority;..... and for other purposes approved March 17, 1960 (Ga. L. 1960, p. 2810) be and the same is hereby amended as follows by adding a new section to be known as section 14 (a) in the following language to wit: Section 14 (a) However, the City of Atlanta and Fulton County are authorized to contract with each other and with the Authority for any of the undertakings authorized herein. Such city and county may in connection therewith use any funds from any lawful source or

Page 3107

from the proceeds of the issue and sale of bonds for such purpose when same has been approved, voted by the electors, and validated in the manner provided by law. Use of bond funds. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 3. A copy of notice of intention to apply for this local legislation and an affidavit or 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 of the requirements of the Constitution of Georgia relating to the publication of Notice of Intention to Apply for passage of this local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 12, 19, 26 days of January, 1961, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 30th day of January, 1961. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal).

Page 3108

Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1961 Session of the General Assembly of Georgia for local legislation to amend the Act entitled, An Act To Create the City of Atlanta and Fulton County Recreation Authority, approved March 17, 1960 (Ga. L. 1960, p. 2810). Any amendment pertinent to the subject matter of said Act may be introduced at this session and under this notice. This 12th day of January, 1961. Harold Sheats, County Attorney. Approved April 5, 1961. CLARKE COUNTY JUVENILE COURTJUDGE'S SALARY. No. 415 (House Bill No. 451). An Act to fix the compensation of the judge of the Juvenile Court of Clarke County Georgia; to provide for the payment of said compensation out of county funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, the compensation of the judge of the Juvenile Court of Clarke County Georgia shall be six thousand dollars per annum, which amount shall be paid from county funds in equal monthly installments.

Page 3109

Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that upon the recommendation of the Clarke County grand jury a local bill will be introduced at the January session 1961 of the Legislature to fix the salary of the judge of Clarke County Juvenile Court in the same amount as the judge of the City Court of Athens and to provide the method of payment of same. This 1st day of December, 1960. /s/ Chappelle Mathews /s/ Julian H. Cox Representatives Clarke County. Georgia, Clarke County. Personally appeared before me, E. B. Braswell, who being duly sworn says that he is the editor and publisher of the Athens Banner-Herald, a daily newspaper published in Athens, Georgia and the legal gazette of Clarke County, Georgia and that the above advertisement of legal notice was published on December 30, 1960 and January 6, 1961 and January 13, 1961. /s/ E. B. Braswell, L.S. Editor and Publisher Athens Banner-Herald Sworn to and subscribed before me, this 13th day of January 1961. /s/ John B. Davis, Notary Public, Clarke County, Ga. My Commission expires May 31, 1963. (Seal). Approved April 5, 1961.

Page 3110

CITY OF WOODSTOCKCHARTER AMENDED. No. 417 (House Bill No. 690). An Act to amend an Act reincorporating the City of Woodstock (formerly the Town of Woodstock) in the County of Cherokee, approved March 24, 1939 (Ga. L. 1939, p. 1384), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 2522), so as to change the method and procedure of electing the mayor and councilmen of said city; to change the election date and the hours of voting; to change the amount of cost of executions for taxes; to provide a new method and procedure for the registration of voters of said city; to change the voting age; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the City of Woodstock (formerly the Town of Woodstock) in the County of Cherokee, approved March 24, 1939 (Ga. L. 1939, p. 1384), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 2522), is hereby amended by striking therefrom section 12 in its entirety and substituting in lieu thereof a new section 12 which shall read as follows: Section 12. The governing authority of the City of Woodstock, in Cherokee County, Georgia, shall be vested in a mayor and five councilmen. Beginning in 1961, the mayor of said city shall be elected on the first Tuesday in December and annually thereafter, and the person so elected shall take office on the first Thursday in January of the following year. Beginning in 1961 the councilmen of said city shall be elected on the first Tuesday in December as follows: The three candidates receiving the highest number of votes shall take office on the first Thursday in January following the election and serve a term of two years. The two candidates receiving the next highest number of votes shall take office on the first Thursday in January following the election and serve

Page 3111

a term of one year. Thereafter, and upon the expiration of the terms of each of the five councilmen, their successors shall be elected for two-year terms. It is the intent of the above provisions to provide a staggered term for the councilmen. In those years when three councilmen's posts are being filled, those three candidates receiving the highest number of votes cast in the election for councilmen shall be elected, and in those years when two councilmen's posts are being filled, those two candidates receiving the highest number of votes cast in the election for councilmen shall be elected. The hours for holding such election shall be 7:00 a.m. to 7:00 p.m. Election and terms of mayor and council. Section 2. Said Act is further amended by striking from section 39 thereof the words fifty cents and substituting in lieu thereof the word two dollars, so that when so amended section 39 shall read as follows: Section 39. Be it further enacted, That the treasurer shall report to the mayor and council any person, firm or corporation who may be delinquent in the payment of taxes. The mayor and council shall order an execution issued for any amount of tax due, together with a cost of two dollars for the execution, which shall be issued by the clerk of council. Any tax execution so issued shall have the same force and effect as any other tax execution in this State and shall be collected by levy and sale. Tax fi. fas. Section 3. Said Act is further amended by striking therefrom section 47 in its entirety and substituting in lieu thereof a new section 47 which shall read as follows: Section 47. It shall be the duty of the clerk of the council of the City of Woodstock to keep at his office a book for the registration of voters of said city, which shall be open for registration from November 1 to December 1 of each year. No person shall be allowed to vote unless he is properly registered. All persons shall be allowed to register and vote who are qualified to vote for members of the General Assembly of Georgia, and who have paid all taxes required by the law of said State, both State and county taxes, and who have paid

Page 3112

all taxes and fines due said City of Woodstock, and who have resided in this State one year, in the county six months, in the city three months, and is eighteen (18) years old. Provided further, that once a person has registered to vote in said city, he shall not be required to reregister from year to year or so long as he remains a citizen of the City of Woodstock. Registration of voters. Section 4. 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, Carl Barrett, who, on oath, deposes and says that he is Representative from Cherokee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia Tribune, which is the official organ of said county, on the following dates: January 19, 26 and February 2, 1961. /s/ Carl Barrett Representative, Cherokee County. Sworn to and subscribed before me, this 27th day of February, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires March 17, 1954. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1961 session of the General Assembly of Georgia a bill to amend the charter of the Town of Woodstock, so as to change the voting hours and laws of the city election, also to stagger the terms of councilmen; and for other purposes.

Page 3113

This 23 day of January, 1961. /s/ W. B. Drinkard, Mayor Town of Woodstock Approved April 5, 1961. EXPENSE ALLOWANCE FOR SHERIFFS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 7,950 AND NOT MORE THAN 8,150 PERSONS. No. 420 (House Bill No. 351). An Act to amend an Act to provide that in certain counties, the board of county commissioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the sheriffs of said county to be used to mitigate expenses incurred by said sheriffs in connection with official duties, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3277), so as to change the population and census figures; 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 provide that in certain counties, the board of county commissioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the sheriffs of said county to be used to mitigate expenses incurred by said sheriffs in connection with official duties, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3277), is hereby amended by striking from the title the following: 9,883 nor more than 9,893 inhabitants, according to the 1950 United States Census, and substituting in lieu thereof the following:

Page 3114

7,950 nor more than 8,150 inhabitants, according to the 1950 United States Census, so that when so amended the title of said Act shall read as follows: An Act to provide that in all counties of this State having a population of not less than 7,950 nor more than 8,150 inhabitants, according to the 1960 United States Census, and any future United States Census, the boards of county commissioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the sheriffs of said counties to be used to mitigate expenses incurred by said sheriffs in connection with official duties; to repeal conflicting laws; and for other purposes. Section 2. Said Act is further amended by striking from section 1 the following: 9,883, nor more than 9,893 inhabitants, according to the 1950 United States Census, and substituting in lieu thereof the following: 7,950, nor more than 8,150 inhabitants, according to the 1960 United States Census, so that when so amended section 1 shall read as follows: Section 1. In all counties of this State having a population of not less than 7,950, nor more than 8,150 inhabitants, according to the 1960 United States Census, and any future United States Census, the boards of county commissioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the sheriffs of said counties to be used to mitigate expenses incurred by said sheriffs in connection with official duties. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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CITY OF FAIRBURNAUTHORITY TO CLOSE STREET. No. 421 (House Bill No. 436). An Act to amend an Act establishing a new charter for the City of Fairburn, in Fulton County, Georgia, approved August 3, 1925 (Ga. L. 1925, p. 1024, et seq.), and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. An Act establishing a new charter for the City of Fairburn in Fulton County, Georgia, approved August 3, 1925 (Ga. L. 1925, p. 1024 et seq), is hereby amended by adding a new paragraph which shall read as follows: The City of Fairburn, by and through its city council, is hereby authorized and empowered to close for street purposes East Broad Street in said city, beginning at that point on said street at the first railroad crossing east of the Atlanta and West Point Depot and to the point where East Broad Street intersects with Bay Street, and to make said East Broad Street a dead end street at the point of the said Atlanta and West Point Railroad Crossing. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of Fairburn intends to apply for the passage of local legislation at the Session of the General Assembly of Georgia convening in January 1961, the title to such bill or bills to be as follows:

Page 3116

An Act to Amend an Act of establishing a new charter for the City of Fairburn, Georgia, approved August 3, 1925 (Ga. L. 1925, pp. 1024 et seq) and the several amendatory acts thereto, specifically authorizing the City of Fairburn to close a portion of East Broad Street, and for other purposes. This the 22nd day of December, 1960. City of Fairburn By William B. Jones, City Attorney Fairburn, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph McClelland, who, on oath, deposes and says that he is Representative from Fulton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of said county, on the following dates: December 23, 1960, December 30, 1960, and January 6, 1961. /s/ Ralph McClelland Representative, Fulton County. Sworn to and subscribed before me this 2 day of Feb., 1961. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly

Page 3117

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 23, 30 days of December, 1960, and on the 6 day of January, 1961, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 25 day of December, 1960. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of Fairburn intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1961, the title to such bill or bills to be as follows: An Act to amend an Act of establishing a new charter for the City of Fairburn, Georgia, approved August 3, 1925 (Ga. L. 1925, pp 1024 et seq) and the several amendatory acts thereto, specifically authorizing the City of Fairburn to close a portion of East Broad Street, and for other purposes. This the 22nd day of December, 1960. City of Fairburn By: William B. Jones, City Attorney, Fairburn, Ga. Approved April 5, 1961.

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CITY OF CARROLLTONCHARTER AMENDED, REFERENDUM. No. 423 (House Bill No. 699). An Act to amend an Act entitled An Act to amend an Act establishing a new charter for the City of Carrollton, Georgia, approved September 9, 1891 (Ga. L. 1891, pp. 474, 478) by increasing the number of councilmen to five; they being elected for terms of five years with one councilman to be elected each year; the terms of office of the councilmen elected at the regular election, 1961, to be determined by lot; the election of the mayor for the City of Carrollton from among the councilmen; a referendum in which the qualified voters of the City of Carrollton may vote for or against the acceptance of the provision of this Act; 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. The Act entitled An Act to amend an Act establishing a new charter for the City of Carrollton, Georgia approved September 9, 1891 (Ga. L. 1891 pp. 474, 478) is hereby amended as follows: Be it enacted that from and after the effective date of this Act there shall be elected five councilmen by the qualified voters of the City of Carrollton, who shall serve for a term of five years except that the five councilmen elected at the general election for the City of Carrollton for the year 1961 shall after their election and at the first council meeting thereafter determine, by lot, the respective terms of office of the five councilmen so as to provide terms of one, two, three, four and five years so that after that election and each year thereafter the term of one councilman shall expire and an election shall be held each year to fill said council post expiring. Terms of councilmen. Section 2. Be it further enacted that at the first council

Page 3119

meeting after the general election, the councilmen then serving in office shall elect a mayor from among the five councilmen to serve until the first council meeting after the next general election. The mayor, thus elected, shall have all of the powers and duties incident to that office under the charter of the City of Carrollton. At the election of the mayor by the five councilmen, each councilman shall have one vote, including any councilman nominated for the office of mayor. Mayor. Section 3. The qualifications of the mayor of the City of Carrollton shall be the same as the qualifications for the councilman as presently imposed by the city charter, and vacancies in office of the mayor or any councilman shall be filled as presently provided by the city charter. Same. Section 4. Within a period of ninety (90) days after the enactment of this Act, the mayor and city council of Carrollton shall cause to be held an election within the City of Carrollton as city elections are now held, after giving two weeks notice in advance of said election date and all citizens who are entitled to vote in the City of Carrollton shall be entitled to vote in said election. Ballots shall be prepared for said election, upon which shall be written or printed For Amending the Charter of City of Carrollton and Against Amending Charter of the City of Carrollton; those voting in favor of this amendment shall so indicate by striking out Against Amending Charter of the City of Carrollton and those voting against the amendment shall so indicate by striking out For Amending the Charter of the City of Carrollton on said ballot. If a majority of those voting shall vote in favor of this amendment, said Act shall become effective immediately; if a majority of those voting shall vote against the amendment, said Act shall become null and void and of no effect, the results of said election shall be spread upon the minutes of the mayor and city council of the City of Carrollton. Referendum. Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Page 3120

Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of the State of Georgia which begins January 9, 1961, to provide for the election of five councilmen for five year terms of office, with the terms of office of the councilmen elected at the general election for the City of Carrollton for the year 1961 to be determined by lot so as to provide the expiration of the term of office of one councilman each year thereafter; to provide for the election of a mayor of the City of Carrollton from among the five councilmen elected by the councilmen themselves; to provide a referendum wherein the registered voters of the City of Carrollton may vote for the approval or disapproval of this amendment to the charter of the City of Carrollton and for other purposes. Mayor and City Council of Carrollton, Georgia. Georgia, Carroll County: Personally appeared before me, an officer authorized to administer oaths, Stanley Parkman, who after being duly sworn, deposes and says that he is editor of the Carroll County Georgian, legal organ of Carroll County, and that the foregoing notice of intention to apply for local legislation was published in said newspaper on the following dates: January 12, 19, 26, 1961. This 28th day of January, 1961. /s/ Stanley Parkman Sworn to and subscribed before me, this 28th day of January, 1961. /s/ Martha Sue Lambert Notary Public. (Seal). Approved April 5, 1961.

Page 3121

ACT PROVIDING FOR PENSIONS FOR EMPLOYEES OF COUNTIES HAVING POPULATION OF MORE THAN 200,000 PERSONS REPEALED. No. 424 (House Bill No. 315). An Act to repeal an Act approved August 27, 1929, (Ga. L. 1929, p. 314-315), authorizing the payment of pensions to county employees and officers, including county police, but not elected officials in counties of over 200,000 inhabitants, according to the United States census of 1920. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act an Act approved August 27, 1929, (Ga. L. 1929, p. 314-315), authorizing the payment of pensions to county employees and officers, including county police, but not elected officials in counties of over 200,000 inhabitants, according to the United States census of 1920, be, and the same is hereby, repealed in its entirety. Approved April 5, 1961. CITY OF GRAYNAME CHANGED FROM TOWN OF GRAY. No. 425 (House Bill No. 412). An Act to amend an Act creating a new charter for the Town of Gray, approved August 22, 1911, (Ga. L. 1911, p. 1267), as amended, so as to change the name of said town to the City of Gray; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

Page 3122

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Gray, approved August 22, 1911, (Ga. L. 1911, p. 1267), is hereby amended by striking from section 1 of said Act the words Town of Gray wherever they appear therein and substituting in lieu thereof the words City of Gray, and striking the word town wherever it appears therein and substituting in lieu thereof the word city; said section is further amended by adding at the end thereof the following language: When and whereafter the words `Town of Gray' are used within this Act, the words `City of Gray' shall be substituted, and when and whereafter the word `town' is used in this Act the word `city' shall be substituted therefor, so that when so amended, section 1 of said Act 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 from and after the passage of this Act the City of Gray, in the County of Jones, be, and the same is, incorporated under the name and style of the City of Gray, and by that name have perpetual succession, may have and use a common seal, may sue and be sued, plead and impleaded in any court of law or equity in this State, may purchase, have, hold, receive, enjoy and retain to itself any estate or estates, real or personal of whatever kind or nature, within or without the corporate limits thereof, may through its mayor and aldermen sell or otherwise dispose of the same for the benefit of said city, as mayor and aldermen in regular council meeting may adjudge fit and proper. The mayor by direction of said council making, executing, delivering all contracts thereto. When and whereafter the words `Town of Gray' are used within this Act, the words `City of Gray' shall be substituted, and when and whereafter the word `town' is used in this Act the word `city' shall be substituted therefor.

Page 3123

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 1961 Session of the General Assembly, of Georgia, a bill to amend the charter of the Town of Gray, as amended, so as to change the name of said town to the City of Gray; and for other purposes. This 9th day of January, 1961. Corbin C. Roberts, Representative, Jones County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, comes Corbin C. Roberts, who, on oath, deposes and says that he is Representative from Jones County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News, which is the official organ of said county, on the following dates: January 12th, 19th, and 26th, 1961. /s/ Corbin C. Roberts, Representative, Jones County, Ga. Sworn to and subscribed before me, this 2nd day of February, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1954. (Seal). Approved April 5, 1961.

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CHEROKEE COUNTYPROCEDURE SHOULD COUNTY POLICE BE EMPLOYED. No. 426 (House Bill No. 687). An Act to amend an Act changing the sheriff, clerk of superior court, the tax commissioner and the ordinary of Cherokee County from a fee basis to a salary system, approved March 9, 1959 (Ga. L. 1959, p. 2494), so as to clarify the provisions relating to the formation of a county police department; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the sheriff, clerk of superior court, the tax commissioner and the ordinary of Cherokee County from a fee basis to a salary system, approved March 9, 1959, (Ga. L. 1959, p. 2494), is hereby amended by striking from section 2 of said Act the following language: 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 ($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., so that when so amended said section shall read as follows: Section 2. The sheriff of Cherokee County 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. Such

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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 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 two thousand dollars ($2,000.00) for all such extra deputies. The sheriff and his deputies shall furnish their own cars and shall be paid eight (8) cents per mile as mileage expenses for use of their automobiles, by the sheriff's office, in the performance of the 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. The sheriff shall receive from county funds, for each prisoner confined in the common jail, one and one-half ($1.50) dollars per day to feed said prisoner. 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, Carl Barrett, who, on oath, deposes and says that he is Representative from Cherokee County, and that the attached

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copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia Tribute, which is the official organ of said county, on the following dates: January 19, 26 and February 2, 1961. /s/ Carl Barrett, Representative, Cherokee County. Sworn to and subscribed before me, this 27th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires Mar 17, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia; a bill to amend an Act placing the sheriff, clerk of superior court, tax commissioner and ordinary on a salary basis in lieu of a fee system, approved March 9, 1959 (Ga. L. 1959, p. 2494), so as to clarify the provisions relating to the formation of a county police department; and for other purposes. This 19 day of January, 1961. Carl Barrett, Representative. Approved April 5, 1961.

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McINTOSH COUNTYCOMPENSATION OF ORDINARY. No. 429 (House Bill No. 447). An Act to amend an Act relating to the compensation of the Ordinary of McIntosh County approved January 31, 1952 (Ga. L. 1952, p. 2008), so as to provide for a change in the monthly compensation of the Ordinary of McIntosh County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the compensation of the Ordinary of McIntosh County approved January 31, 1952 (Ga. L. 1952, p. 2008), is hereby amended by striking the figure $75.00 from section 1 of said Act and inserting in lieu thereof the figure $125.00, so that said section when so amended shall read as follows: Section 1. That the Ordinary of McIntosh County shall receive the sum of $125.00 per month in addition to any fees or compensation now received by said Ordinary. The said sum of $125.00 shall be paid out of the general funds of McIntosh 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 present term of the General Assembly of Georgia, local legislation as requested by the Board of County Commissioners fixing the allowance to be paid to the Ordinary of McIntosh County at $125.00 per month in addition to all fees; and for other purposes. This the 9th day of January, 1961. /s/ Daniel H. White, Representative, McIntosh County

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel H. White, who, on oath, deposes and says that he is Representative from McIntosh County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Darien News, which is the official organ of said county, on the following dates: Jan. 12, 19 26, 1961. /s/ Daniel H. White, Representative, McIntosh County. Sworn to and subscribed before me, this 2nd day of February, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. Approved April 5, 1961. DODGE COUNTYCLERICAL HELP FOR CLERK OF SUPERIOR COURT. No. 430 (House Bill No. 439). An Act to amend 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 approved March 10, 1959, (Ga. L. 1959, p. 2721), so as to change the total compensation to be paid for an assistant or assistants in the office of the clerk of the superior court of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled an Act to amend an Act to change from the fee system to the salary system in

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the County of Dodge, State of Georgia, the Sheriff of said county and the Clerk of the Superior Court thereof approved March 10, 1959, (Ga. L. 1959, p. 2721), is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 so that when so amended section 6 shall read as follows: 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 $300.00 per month. The salaries of such assistant or assistants, not to exceed $300.00 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. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Dodge County. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of Georgia, a bill to increase the allowance for the total compensation to be paid to the assistants in the office of the clerk of Dodge Superior Court, other than the Deputy Clerk, from $250.00 per month to $300.00 per month; and for other purposes. This 4th day of January, 1961. /s/ W. S. Stuckey, Representative, Dodge County, Georgia.

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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 4th, 11th and 18, 1961. This January 30, 1961. /s/ E. T. Methvin Sworn to and subscribed before me, this January 30, 1961. /s/ Wilton D. Harrington Notary Public, Dodge County, Georgia. (Seal). Approved April 5, 1961. CLAYTON COUNTY WATER AUTHORITYMEMBERS, COMPENSATION, ATTORNEY, ETC. No. 431 (House Bill No. 476). An Act to amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), so as to provide for the terms of office of the members of the Authority; to provide for filling vacancies; to provide for compensation; to provide for the transfer of powers, duties and authority; to provide 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 the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows:

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Section 4. The said water system is to be constructed, maintained and operated for and on behalf of said county by a five-man board to be known as the Clayton County Water Authority. The members of the board shall be appointed by the governing authority of said county. The first members appointed hereunder shall be appointed for terms of one, two, three, four and five years as shall be designated by the governing authority. All members shall be appointed for terms beginning March 1, 1961. Successors to these members and future members shall be appointed by the governing authority for terms of five years. All members shall serve until their successors are appointed and qualified. The governing authority of the county shall fill any vacancy which occurs on the authority, for the unexpired term. The members shall elect a chairman, vice-chairman and secretary who shall serve for such periods as shall be fixed by the authority. The authority shall make a report of its actions to the Grand Jury for the November term of the Superior Court of said county. A majority of the members shall constitute a quorum for the transaction of business. A regular meeting shall be held once each month on a day to be set by the authority. The majority of the authority shall have the right to call a special meeting and the chairman shall have the right to call a special meeting. Each member of the authority shall be given at least three days written notice of each special meeting. The chairman shall be compensated in the sum of $100.00 per month, the secretary $75.00 per month, and each of the other three members $50.00 per month which shall be payable out of the earnings of the authority. The authority shall employ an attorney and provide for his compensation, and shall employ such other employees as the authority shall deem proper for the transaction of business and provide the compensation therefor. All such compensations shall be payable out of the earnings of said authority. The authority shall succeed to and be vested with all the powers, duties and authority of the authority presently existing and it shall be a continuation of the presently existing authority.

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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 that there will be introduced at the next January session 1961 of the General Assembly of Georgia, local legislation to provide as follows: An Act to amend an Act to create the Clayton County Water Authority approved March 7, 1955 (Ga. L. 1955, pages 3344 to 3351, inclusive); to provide a new section four in said Act in lieu of the present section four, striking the same in its entirety, and for other purposes. This the 31st day of December, 1960. /s/ Edgar Blalock, /s/ William J. Lee, Representatives, Clayton County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edgar Blalock, who, on oath, deposes and says that he is Representative from Clayton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton County News and Farmer and Forest Park Free Press, which is the official organ of said county, on the following dates: Jan. 4, 11, 18, 1961. /s/ Edgar Blalock, Representative, Clayton County. Sworn to and subscribed before me, this 20 day of Feb. 1961. /s/ Frances Y. Read, Notary Public, Fulton County, Ga. (Seal). Approved April 5, 1961.

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MUSCOGEE COUNTYRIGHT OF EMINENT DOMAIN, ETC. No. 432 (House Bill No. 438). An Act to confer upon Muscogee County the right and power to condemn private property and any right or rights therein for the purpose of small watershed projects and for watershed protection and flood control and for public parks and public recreational facilities to be developed in connection with the development or construction of any such project and for ways of ingress thereto and egress therefrom, 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. Muscogee County is hereby granted the right and power of eminent domain for the purpose of taking and acquiring, by condemnation, necessary easements, land and property rights and franchises to enable it to institute and to accomplish the completion of small watershed projects and for works of improvement for watersheds and for watershed protection and flood control and flood prevention under any applicable act of the state or the United States and for public parks, playgrounds, recreation centers or other recreational facilities, and for ways of ingress thereto and egress therefrom, to be developed in connection with the development or construction of any such small watershed project or any such project for watershed protection or flood control and flood prevention or for works of improvement for watersheds. Eminent domain. Section 2. For the purpose of instituting and accomplishing the completion of small watershed projects and for works of improvement for watersheds and for watershed protection and flood control and flood prevention, under any applicable act of the state or the United States, and for public parks, playgrounds, recreation

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centers or other recreational facilities, and for ways of ingress thereto and egress therefrom, to be developed in connection with the development or construction of any such small watershed project or any such project for watershed protection or flood control, and flood prevention or for works of improvemnt for watersheds, Muscogee County may proceed to condemn said necessary land and rights therein and franchises in accordance with the procedures or any of them set forth by the pertinent eminent domain statutes of this state and in accordance with all existing laws applicable to the condemnation of private property for public use, including but not limited to Ga. L. 1957, p. 387, et seq., codified in Ga. Code Ann., Ch. 36-6A, the provisions of which, together with all other provisions of law applicable to condemnation of private property or any interst therein for public use, shall be available to Muscogee County in any proceeding brought to exercise the right and power of eminent domain granted by this act, to acquire the easements, land and property rights and franchises necessary. Same. Section 3. In any such proceeding the condemnor shall be required to condemn the fee simple title to all land not otherwise acquired which will be covered by permanent ponding or permanent flooding. Intent. Section 4. If any provision of this law or its application to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this act which can be given effect without the invalid provision or application and, to that extent, the provisions of this law are declared to be severable. Severability. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Muscogee County: Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, M. R. Ashworth, who, being duly sworn, says on oath that the attached copy of notice of intention to apply for the

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passage of a local bill conferring upon Muscogee County the power of condemnation and eminent domain for purposes of flood control and prevention, watershed protection, public parks, ingress and egress thereto, and for other public purposes, has been published, as provided by law in the Columbus Ledger once a week for three weeks, to wit: January 14, January 21, 1961 and January 28, 1961. Deponent furthers avers that he is publisher of said newspaper and that same is the newspaper in which sheriff's advertisements for the locality affected are published. /s/ M. R. Ashworth Sworn to and subscribed before me, this 30 day of January, 1961. /s/ Wallace A. Kitchens, Notary Public, Muscogee County, Georgia. My Commission expires Feb. 10, 1962. (Seal). Georgia, Muscoge County. Notice is hereby given of an intention to apply at the present session of the General Assembly of Georgia, which convened January 9, 1961, for the passage of a local bill conferring upon Muscogee County the power of condemnation and eminent domain for purposes of flood control and prevention, watershed protection, public parks, ingress and egress thereto, and for other public purposes. This the 13th day of January, 1961. /s/ Charles M. Evert County Attorney Muscogee County. Approved April 5, 1961.

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USE OF MICROFILM PHOTOGRAPHIC EQUIPMENT TO RECORD COURT RECORDS IN CERTAIN COUNTIES. No. 433 (House Bill No. 420). An Act to authorize the clerk of the superior court and other proper officers in counties of this State having a population of not less than 50,000 and not more than 75,000 according to the 1960 United States Census or any future census to install and use microfilm photographic equipment and use said installed equipment in recording all records relating to any court cases, civil or criminal, filed with said clerk, such equipment may be provided by the proper county authorities out of county funds; 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, in all counties of this State having a population of not less than 50,000 and not more than 75,000 by the 1960 United States Census or any future census, the clerk of the superior court, or other officer now or hereafter authorized by law to perform the duties now performed by the clerk of the superior court, to install and use microfilm, photographic equipment and use said installed equipment in recording all records relating to any court cases, civil or criminal, filed with said clerk. Such equipment may be provided for by the proper county authorities out of county funds. Where applicable. Section 2. Be it further enacted by the authority aforesaid that the provisions of this Act for the installation and use of such equipment shall be construed to be permissive only, and are cumulative of existing provisions of laws. Intent. Section 3. Be it further enacted by the authority aforesaid that if such records are microfilmed adequate equipment for viewing such records shall be maintained. Viewing.

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Section 4. Be it further enacted by the authority aforesaid that no provision of this Act shall be construed to change or repeal any rule of court or of any provision of law relating to records on appeal for review in the courts of this State. Records on appeal. Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this law be, and the same are hereby repealed. Approved April 5, 1961. TOWN OF OXFORDCOMPENSATION OF MAYOR AND COUNCILMEN. No. 434 (House Bill No. 484). An Act to amend an Act relating to the incorporation of the Town of Oxford of the County of Newton, 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 of the Town of Oxford; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the incorporation of the Town of Oxford of the County of Newton, 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 from said Act in its entirety and substituting in lieu thereof a new section 3 to read as follows: 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 three hundred ($300.00) dollars per year and each of the six councilmen

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shall receive the sum of one hundred ($100.00) dollars per year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that I intend to introduce legislation in the 1961 session of the Georgia Legislature pertaining to compensation and duties of the mayor and council of the Town of Oxford. /s/ W. D. Ballard, Representative, Newton County. 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 12, 19, and 26, 1961. /s/ W. D. Ballard, Representative, Newton County. Sworn to and subscribed before me this 2nd day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved April 5, 1961.

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CITY COURT OF ATHENSSALARIES. No. 435 (House Bill No. 694). An Act to amend the several Acts creating and relative to the City Court of Athens; repealing any part of the Act approved September 9, 1879 (Ga. L. 1879, p. 291), and the Act approved December 18, 1894 (Ga. L. 1894, p. 210), and the Act approved August 19, 1911 (Ga. L. 1911, p. 235), and the Act approved August 14, 1913 (Ga. L. 1913, p. 143), and the Act approved January 30, 1951 (Ga. L. 1951, p. 2035), and the Act approved February 21, 1957 (Ga. L. 1957, Vol. #2, p. 2203), which parts of said Acts may be in conflict with the provisions of this Act; establishing, fixing, creating and paying the salary of the Judge of the City Court of Athens, and the salary of the Solicitor of the City Court of Athens, and for other purposes amendatory of said Act. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the salary of the Judge of the City Court of Athens shall be $7,800.00 per annum. Judge's salary. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the salary of the Solicitor of the City Court of Athens shall be $7,200.00 per annum. Solicitor's salary. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said salary of the Judge of the City Court of Athens, and the said salary of the Solicitor of the City Court of Athens, shall be paid monthly by the Commissioners of Roads and Revenues of Clarke County, Georgia, out of the treasury of the said County of Clarke. Payment. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of

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the same, that all laws or parts of laws in conflict with or inconsistent with the provisions of this Act, including the Act approved September 9, 1879, and the act approved December 18, 1894, and the Act approved August 19, 1911, and the Act approved August 14, 1913, and the Act approved January 30, 1951, and the Act approved February 21, 1957, affecting the City Court of Athens be, and the same are hereby repealed insofar as the salary of the Judge of the City Court of Athens, and the salary of the Solicitor of the City Court of Athens, are concerned. State of Georgia, County of Clarke. Personally appeared E. B. Braswell, who being duly sworn says that he is the Editor and Publisher of the Athens Banner-Herald, a daily newspaper published in Athens, said State and County, and that the advertisement giving notice of intent to amend the Act creating the City Court of Athens, and all the Acts amendatory thereof, at the present session January-February, 1961, of the General Assembly of Georgia, for the purpose of increasing the salaries of the Judge and Solicitor of the City Court of Athens, was published in its editions of January 20, 1961, January 27, 1961, and February 3, 1961, and that a true and correct copy of said notice is hereto attached and made a part hereof. /s/ E. B. Braswell. Sworn to and subscribed before me, this the 4th day of February, 1961. /s/ John B. Davis, Notary Public, Clarke County, Georgia. (Seal). Legal Notice. Georgia, Clarke County. Notice is hereby given that a special bill will be introduced in the General Assembly of Georgia at the present session of January, 1961, to amend the Act creating the

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City Court of Athens, and all the Acts amendatory thereof, for the purpose of increasing the salaries of the Judge and Solicitor of the City Court of Athens, and providing for the manner of payment thereof. This the 20th day of January, 1961. /s/ Chappelle Matthews, /s/ Julian H. Cox, Sr., Representatives, Clarke County, Georgia. Approved April 5, 1961. COMPENSATION OF CORONERS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 17,600 AND NOT MORE THAN 17,700 PERSONS. No. 436 (House Bill No. 487). An Act to provide the compensation for coroners in certain counties; to repeal an Act providing the compensation for coroners in certain counties; approved February 8, 1955 (Ga. L. 1955, p. 149); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In every county of this State having a population of not less than 17,600 and not more than 17,700, according to the 1960 United States Census or any future such census, the coroner shall be compensated in the amount of $100.00 per month, which shall be in lieu of any fees which any such coroner is entitled to receive. Such compensation shall be paid from the funds of any such county. Section 2. An Act providing the compensation for coroners in certain counties; approved February 8, 1955 (Ga. L. 1955, p. 149), is hereby repealed in its entirety. 1955 Act repealed.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. SMALL CLAIMS COURT IN COUNTIES HAVING POPULATION OF NOT LESS THAN 19,500 AND NOT MORE THAN 19,700 PERSONS. No. 438 (House Bill No. 397). An Act creating a Small Claims Court in each county in this State having a population of not less than 19,500 and not more than 19,700 according to the U. S. Census of 1960 or any future such census; providing for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; prescribing the jurisdiction, the pleading, practice and service of process therein; providing for a clerk and prescribing his remuneration; validating acts and proceedings therein and providing the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established in each county in this State having a population of not less than 19,500 and not more than 19,700 according to the U. S. Census of 1960 or any future such census, a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachement and in addition to the powers herein specifically granted including like powers granted to justices of the peace by the laws of the State of Georgia. Created, jurisdiction.

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Section 2. The Governor shall appoint a citizen of any such county to be judge of any such court for a four-year term beginning from the time of his appointment. Term of judge. Section 3. Whenever the Judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the Judge of the Superior Court of the county or any judge of a city court located in said county, on application of any party or the said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Judge pro hac vice. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff of his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Actions. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve

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process in circuit courts; or by registered mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (b) When notice is to be served by registered mail, the clerk shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant, at his last known address, prepay the postage from the filing fee hereinafter provided for, mail the same forthwith, noting on the record the day and hour of mailing. If such receipt is returned, the clerk shall attach the same to the original statement of claim, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof his claim. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket.

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Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of five dollars ($5.00), which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. Section 9. (a) On the day set for the hearing, or such latter time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Settlements. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds

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the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Setoff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Judgments. Section 12. The Judge of the Superior Court presiding in any such county may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 13. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses. Jury trials. Section 14. Judgments of small claims courts shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the Clerk of the Superior Court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Liens. Section 15. Appeals may be had from judgments returned in a small claims court, to the Superior Court, and the same provisions now provided for by law for appeals

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from Courts of Ordinary to the Superior Court, shall be applicable to appeals from the small claims court to the Superior Court. Appeals. Section 16. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court . Statement of Claim . (Here the plaintiff, or at his request the court, will insert a statement of the plaintiff's claim, and the original to be filed with the court, may if action is on a contract, express or implied, be verified by the plaintiff or his agent, as follows:) State of Georgia, County of being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant or plaintiff, exclusive of all setoffs and just grounds of defense.

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Sworn and subscribed before me thisday of , 19 Notice . You are hereby notified thathas made a claim and is requesting judgment against you in the sum ofdollars ($), as shown by the foregoing statement. The court will hold a hearing upon this claim onatm. at (address of court). You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. (Seal).

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Section 17. All acts performed by the judge or clerk, and all proceedings had before the small claims court in counties of this state having a population of not less than 19,500 and not more than 19,700 according to the U. S. Census of 1960 or any future such census, are hereby validated. Section 18. The judge appointed at the time this act becomes effective shall continue to serve until the expiration of his term of appointment and his successors shall be appointed by the then Governor of Georgia for succeeding terms of four years each, and until their successors are appointed and qualified. Judge. Section 19. All forms, docket books, file jackets, filing cabinets and the like, required by this act shall be furnished by the county commissioners. Supplies. Section 20. If any word, phrase, sentence, section or part of this act is declared unconstitutional the remainder shall remain in full force and effect. Severability. Section 21. All laws or parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961. CITY OF DAHLONEGACHARTER AMENDED. No. 439 (House Bill No. 365). An Act to amend an Act creating a new charter for the City of Dahlonega, approved December 14, 1899 (Ga. L. 1899, p. 146) as amended, so as to abolish city wards in the City of Dahlonega; to provide that aldermen shall be elected from the city at large; to change the date of the election; to provide for a bond for the city clerk; to provide for the publication of a financial statement; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Dahlonega, approved December 13, 1899 (Ga. L. 1899, p. 146), is hereby amended by striking the words third Saturday in December from section 3 wherever they appear, and inserting in lieu thereof the words second Saturday in December so that, when so amended section 3 shall read as follows: Section 3. Be it further enacted by the authority aforesaid, That an election shall be held at the court-house in the City of Dahlonega on the second Saturday in December annually. On the second Saturday in December, 1899, a mayor and six aldermen shall be elected. Said mayor shall be elected for a term of two years, three of said aldermen shall be elected for one year and three of said aldermen shall be elected for two years, the aldermen elected for one year to be so designated on the tickets voted, and the aldermen elected for two years to be so designated on the tickets voted; on the second Saturday in December, 1900, and every two years thereafter, three aldermen shall be elected to serve for two years and until their successors are elected and qualified; and on the second Saturday in December, 1901, and every two years thereafter, a mayor and three aldermen shall be elected to serve for two years and until their successors are elected and qualified. The term of office of said mayor and aldermen shall begin on the first Monday in January immediately succeeding their election. Elections. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting, in lieu thereof, a new section 4, which shall read as follows: Section 4. The wards heretofore existing in said city are hereby abolished and the aldermen provided for hereinbefore shall be elected by the voters of the entire city and may reside at any place within the corporate limits of said city. Three candidates in the election for aldermen who receive the highest number of votes shall be the aldermen who are elected each year for two year terms. Wards abolished.

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Section 3. Said Act is further amended by adding at the end of section 18 the following: Provided, however, that the bond for the clerk shall be in the amount of $10,000 and the premium thereon shall be paid by the city. Clerk's bond. so that when so amended section 18 shall read as follows: Section 18. Be it enacted by the authority aforesaid, That at said first meeting of the city council they shall fix the salaries of the police officers of the city and of the clerk and treasurer of the council, the salaries to remain fixed and unchanged for the year, and shall require of each of the subordinate officers of the council an oath provided by ordinance for the faithful performance of their several duties, and a bond and security in such sum as may be fixed by ordinance for the diligent and faithful performance of the duties of their several offices. Provided, however, that the bond for the clerk shall be in the amount of $10,000 and the premium thereon shall be paid by the city. Section 4. Said Act is further amended by adding a new section to be known as section 18A to read as follows: Section 18A. It shall be the duty of the clerk to publish in the official organ of Lumpkin County an itemized financial statement showing the financial condition of the city for the immediately preceding fiscal year. Such publication shall be made each year not later than three (3) months after the end of the immediately preceding fiscal year. The cost of such publication shall be borne by the city. Financial statement. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is given of intention to introduce in the Georgia General Assembly a bill proposing to amend an act creating

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the charter for the City of Dahlonega, Ga., and for other purposes. This 6th day of January, 1961. /s/ Fred Jones, Jr., Representative-elect, Lumpkin County. /s/ J. E. Owens, Senator-elect, Lumpkin County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Jones, who, on oath, deposes and says that he is Representative from Lumpkin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget, which is the official organ of said county, on the following dates: Jan. 6, 13, 20, 1961. /s/ Fred Jones, Jr., Representative, Lumpkin County. Sworn to and subscribed before me this 31 day of January, 1961. /s/ Rebecca Causey, Notary Public. (Seal). Approved April 5, 1961.

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USE OF VOTING MACHINES IN COUNTIES HAVING POPULATION OF NOT LESS THAN 100,000 AND NOT MORE THAN 300,000 PERSONS. No. 440 (House Bill No. 88). An Act to amend an Act providing for the use of voting machines in certain counties of this State, approved March 28, 1947 (Ga. L. 1947, p. 1203), as amended by an Act approved March 3, 1955 (Ga. L. 1955, p. 2592), so as to provide that the name of any unopposed candidate in a political party primary may be omitted from the ballot used in the voting machine, and such unopposed candidate shall be declared to have received the total number of votes cast in such voting machine; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the use of voting machines in certain counties of this State, approved March 28, 1947 (Ga. L. 1947, p. 1203), as amended by an Act approved March 3, 1955 (Ga. L. 1955, p. 2592), is hereby amended by adding a new section thereto to be known as section 14-B, to read as follows: Section 14-B. In any political party primary held in all counties having a population, under the last or any future Federal census, of not less than 100,000 inhabitants nor more than 300,000 inhabitants in which voting machines shall be used in one or more voting precincts, the name of any unopposed candidate for nomination to any office may be omitted from the ballot used in any such voting machine and any unopposed candidate shall be declared to have received the total number of votes cast in such voting machine. Unopposed candidates. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

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CLAYTON COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 441 (House Bill No. 403). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the one office of tax commissioner of Clayton County, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 12, 1941 (Ga. L. 1941, p. 824), an Act approved February 16, 1943 (Ga. L. 1943, p. 890), an Act approved March 6, 1945 (Ga. L. 1945, p. 940), an Act approved March 26, 1947 (Ga. L. 1947, p. 746), an Act approved February 1, 1949 (Ga. L. 1949, p. 41), an Act approved February 8, 1950 (Ga. L. 1950, p. 2065), an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2076), an Act approved March 7, 1957 (Ga. L. 1957, p. 2775), an Act approved February 14, 1958 (Ga. L. 1958, p. 2109), and an Act approved March 7, 1960 (Ga. L. 1960, p. 2266), so as to change the compensation of the tax commissioner of Clayton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Clayton County into the one office of tax commissioner of Clayton County, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 12, 1941 (Ga. L. 1941, p. 824), an Act approved February 16, 1943 (Ga. L. 1943, p. 890), an Act approved March 6, 1945 (Ga. L. 1945, p. 940), an Act approved March 26, 1947 (Ga. L. 1947, p. 746), an Act approved February 1, 1949 (Ga. L. 1949, p. 41), an Act approved February 8, 1950 (Ga. L. 1950, p. 2065), an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2076), an Act approved March 7, 1957 (Ga. L. 1957, p. 2775), an Act approved February 14, 1958 (Ga. L. 1958, p. 2109), and an Act approved March 7, 1960 (Ga. L. 1960, p. 2266), is hereby amended by striking from section 7 of said Act the words and figures

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eight thousand ($8,000.00) dollars and substituting in lieu thereof the words and figures seven thousand nine hundred fifty ($7,950.00) dollars, so that said section, when so amended, shall read as follows: Section 7. The tax commissioner of Clayton County shall be compensated in the amount of seven thousand nine hundred fifty ($7,950.00) dollars per annum, to be paid in equal monthly installments from the funds of Clayton County. This shall be his full and complete compensation and shall be in lieu of all commissions, fees or charges of any kind whatsoever heretofore or hereafter received by said tax commissioner. It is hereby specifically provided that he shall not be entitled to the amount provided in an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. All funds collected from any source under color of said office, except the salary provided herein, shall be county funds and shall be accounted for by the tax commissioner as such. 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, 1961, session of the General Assembly of Georgia a bill to change the compensation, allowance and salary of the tax commissioner of Clayton County and for other purposes. This 21st day of December, 1960. /s/ Edgar Blalock, /s/ Wm. J. Lee, Representatives, Clayton County.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edgar Blalock and Wm. J. Lee, who, on oath, deposes and says that they are Representatives 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 and Farmer, which is the official organ of said County, on the following dates: Dec. 28, 1960, Jan. 4 and 11, 1961. /s/ W. J. Lee, /s/ Edgar Blalock, Representatives, Clayton County. Sworn to and subscribed before me this 1st day of February, 1961. /s/ Johnnie L. Caldwell, Notary Public, Upson County, Ga. Approved April 5, 1961. CITY OF SUWANEENEW CHARTER, REFERENDUM. No. 442 (House Bill No. 698). An Act to incorporate the City of Suwanee, in the County of Gwinnett and the State of Georgia, and to supersede and to repeal the Act incorporating the Town of Suwanee (Ga. L. 1949, p. 1744) 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

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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 to specify 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 and sewerage for said municipality and surrounding territory; to provide that no valid or existing ordinance, rules or regulations of the present corporation, the Town of Suwanee 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 enforcement thereof; to provide for the removal of the Mayor or any member of the council for neglect of duty; and for other purposes. Section 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the corporate limits of the City of Suwanee, shall be as follows, to wit: one mile in every direction from intersection of Scales Street and Main Street in said City of Suwanee, Georgia. Corporate limits. Section 2. Be it further enacted that the inhabitants of the territory above set forth as the City of Suwanee are hereby continued as a body politic and corporate under the name and style of the City of Suwanee; with power to govern themselves by such ordinances, by laws,

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rules and regulations for municipal purposes as they may deem proper, not in conflict with this charter, the Constitution or laws of this State or the United States. The corporation hereby continued in existence shall have full power in and by said corporate name to contract and be contracted with; to sue and be sued; to plead and be impleaded; to purchase, hold, receive, enjoy, possess and retain for the use and benefit of said City of Suwanee or the inhabitants thereof, in perpetuity or for any term, any estate, real or personal, or lands, tenement of hereditaments of any kind, within or without the city limits of said city, for corporate purposes; to use, manage, improve, sell, convey, rent or lease any such estate or property; to have and use a common seal; and to perform all acts necessary or incident to its corporate existence or capacity, provided, no valid existing ordinance, rule or regulation adopted by any governing body of said municipality nor any contract made nor any right vested under and by virtue of any act shall be affected by this Act. Incorporated. Section 3. Be it further enacted, that the corporate authority of said city and the territory jurisdiction of the governing body and the officers thereof shall extend, for police and sanitary purposes, over all lands which are now owned or controlled by said city for water works, sewerage, drainage, or cemetery purposes outside of the territory indicated as indicated in section 1 thereof. The governing body and the 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 interests of said city herein as fully and completely as if same were located within the limits of said city proper as indicated in said first section. Jurisdiction for police purposes. Section 4. The municipal government of said city shall be vested in the mayor and five councilmen. Government. Section 5. On the first Saturday in December there shall be an election for mayor and councilmen from

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among the qualified voters of said city, two councilmen to be elected on the first Saturday in December, 1961, and the mayor and three councilmen to be elected on the first Saturday in December, 1962. Said election to be held annually thereafter. The persons elected as councilmen shall be bona fide residents of said city. Such election shall be held by three managers to be appointed by the mayor of said city, such managers to be qualified voters of said city. Such managers shall make a return of said election to the mayor and council then in office, who shall declare the results and cause the same to be entered upon the minutes of their proceedings. All persons shall be qualified to vote at such election who shall have bona fide resided in said city for sixty days next preceding the date of such election and are qualified to vote for members of the General Assembly from Gwinnett County and have complied with all the ordinances which have been passed by said mayor and council, providing for the registration of voters of said city. Mayor and council. Section 6. If the office of mayor or any councilman shall become vacant by death, resignation, removal or otherwise, the mayor or a majority of the councilmen shall order a special election to fill the unexpired term and give ten days notice thereof in one or more newspapers or at two or more public places in said city; such special election shall be managed and returned and the result thereof shall be declared and published as heretofore provided in Section 5; provided, there shall be no election for mayor if the office shall become vacant within three months of the expiration of the regular term thereof. Vacancies. Section 7. The mayor shall be the chief executive officer of said city and shall have general supervision over its affairs. He shall see that all laws and ordinances of said city are faithfully executed. He shall preside at all meetings of the mayor and council and shall have the right to take part in the deliberations of said body, but shall not vote on any questions except in case of a tie. He shall have power to convene them in extra session whenever in his judgment the exigencies of the case require

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it. He shall examine and audit all accounts of the city before the same shall be paid. He shall sign all deeds and contracts, approve all bills and vouchers. Mayor. Section 8. Every ordinance and resolution passed and every election of an officer or employee by the mayor and councilmen shall be subject to the veto of the mayor in the following manner. The mayor shall within four days write out his objections to such resolution, ordinance or election and the mayor and councilmen shall, at the next regular or call meeting at which a quorum shall be present, order said objections entered on 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 four councilmen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective and without the approval of the mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. Veto. Section 9. Said mayor shall receive a salary not exceeding six hundred ($600.00) dollars per annum and the salaries of councilmen not to exceed one hundred twenty ($120.00) each per annum, and the clerk to receive a salary not exceeding six hundred ($600.00) per annum, and such salaries shall not be changed during their terms of office. Salaries. Section 10. The power of legislation of said city shall be vested in said mayor and council. They shall hold regular meetings at such times and places as may be determined upon by them. Four shall constitute a quorum for the transaction of business provided the mayor or mayor pro-tem. shall constitute one of that number, but a less number may adjourn from time to time and compel the attendance of absentees. Mayor and council. Section 11. At the first regular or call meeting at the beginning of its fiscal year, the mayor shall proceed to appoint a treasurer, three tax assessors, one bond commissioner, a chief of police and such other police officers as may be necessary for the protection of said city and

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the property rights thereof. He may also elect an engineer and a board of health, superintendent of water and lights, and such other officers as may be in his judgment necessary to the interest of the city. The members of the city council shall elect the mayor pro-tem. from that body. The person so elected shall hold their respective offices for one year until their successors are elected and qualified unless for sufficient cause removed from office, but not until they have been given an opportunity to appear before said body for trial; provided further that the mayor may suspend any official pending a trial before said body. The salaries of the officers provided for in this section shall be such as may be prescribed by ordinances of said mayor and council. The mayor shall fill any office which may become vacant to fill the unexpired term thereof. Officers. Section 12. In the case of the death, or resignation, removal from office, or absence from the city of the mayor thereof, such mayor pro-tem. shall exercise all the powers and discharge all the duties conferred and imposed upon the mayor of said city by this charter and the ordinances, rules and regulations of said city. Vacancies. Section 13. For the purpose of enabling said mayor and council to know at all times the true financial condition of said city, the clerk, when called upon to do so, shall prepare and read at a regular session of the mayor and councilmen, a statement showing the probable gross income of the city for the fiscal year and the amount of money which has been expended and voted to be expended up to the date of such statement. Such statement shall be entered upon the minutes if so directed by said mayor and council, and such body may authorize the publication of the income and expenditures of said city. Said receipts, disbursements for each preceding quarter, shall be verified by the chairman of the finance committee. The finance committee of the City of Suwanee shall prepare a budget, showing an estimate of anticipated income and this shall be approved by the mayor and council, and that the budget so approved be followed, and the city clerk shall make a monthly report to the mayor and

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council showing the financial status of the City of Suwanee. Finances. Section 14. The clerk of said city is authorized and shall receive all returns of property for taxation, both real and personal; assess and double tax all property not returned in said city for taxation; the clerk shall collect all taxes and licenses, fees due said city and keep such records as are necessary if said office maintains the proper handling of the funds of said city. The clerk shall perform all such duties as may be imposed upon same by mayor and councilmen of said city. Clerk, taxes. Section 15. The board of tax assessors in said city is hereby vested with full power and authority to assess for taxation the fair market value of all property, real, personal and otherwise, subject to taxation by said city, so that said property shall stand upon the tax digest at its reasonable and fair market value. It shall be the duty of said board at all times to locate property that is not duly returned for taxation, to equalize taxation, and to ascertain the fair and reasonable market value of all property subject to taxation by said city. Said assessors shall receive reasonable compensation for their services, to be fixed by the mayor. When any property subject to taxation by the City of Suwanee has not been returned for taxation by the first day of April, as required by law, it shall be the duties of the board of tax assessors to assess said property for taxation at its fair market value. When any such property has been returned for taxation, at a value which in the opinion of said board of tax assessors is less than its fair market value, it shall be the duty of said board to assess it for taxation at such value. When any assessment is made as provided herein, it shall be the duty of the city clerk within ten days after the making of said assessment, to give to the owner of said property notice in writing of said assessment provided same has been raised. Such notice shall specify the amount of the assessment made, indicate the property assessed, and shall inform the owner that he may be heard on the justice and fairness of said assessment and of the time and place of the hearing, at which time

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and place a full, legal hearing shall be afforded by said board. Said notice shall be by mail, not registered, to the last known address of the owner of such property, and no other notice whatsoever shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. If, for any reason, such notice cannot be given by mail, notice may be given by the posting in the city hall of such notice, in a conspicuous place. Notice shall be considered as given on the day it is mailed or posted. If the owner of any such property fails or refuses to appear either in person or by agent at the time and place designated in said notice, the assessment made shall be final. Any taxpayer who shall be dissatisfied with any such assessment may appeal to said mayor and council for a correction of such assessment within fifteen days after such assessment shall have been returned, and the judgment of said mayor and council thereon shall be final. Taxes. Section 16. All officers elected by said mayor and council shall discharge such duties in addition to those prescribed in this Act as are or may be prescribed by ordinance of said mayor and council and shall give such bonds for the faithful discharge of their respective duties as said mayor and councilmen may require; provided, the surety on the bond or a bond commissioner shall be a duly authorized guaranty or surety company. Duties and bonds of officers. Section 17. Each officer of said city before entering upon the discharge of the duties of his office shall take and subscribed before a judge of some court in Gwinnett County oath that he will faithfully discharge the duties of his office to the best of his skill and ability. Oaths. Section 18. Said mayor and council shall have the sole rights to try impeachments of all officers of said city. When sitting for that purpose they shall be under oath or affirmation when the mayor shall be tried, the council shall select one of their number to preside; and no person shall be convicted without the concurrence of all members present. Judgment in cases of impeachment may extend to removal from office and disqualification

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to hold any office of trust, honor or profit under this charter, and no further; but the party convicted shall, nevertheless be liable and subject to indictment, trial and punishment according to law. Impeachment. Section 19. Said mayor and council shall have full power and authority to make all ordinances, rules and regulations that they may deem for the best of the people in said City of Suwanee, for the prevention and punishment of disorderly conduct and the conduct likely to disturb the peace and tranquility of any citizen. Ordinances. Section 20. Be it further enacted by the authority aforesaid, that the City of Suwanee shall be responsible for all legal debts of the Town of Suwanee, Georgia. Debts. Section 21. Said mayor and council shall have full power and authority to declare what shall be a nuisance and to abate the same and provide for punishment of any person who may create or continue such nuisance; to compel the owner or user of any cellar, stable, pig sty, sewer or any other unwholesome or nauseous houses or place in said city to cleanse, abate or remove the same and to regulate the location thereof; to prohibit the slaughtering of any kind of animal in said city; to establish and maintain quarantines against contagious or infectious diseases; to establish and regulate cemeteries within or without corporate limits of said city, to acquire lands therefor by gift, bequest or otherwise and to require burial permits to be issued before any body can be interred within the limits of said city, and funds now in the treasury of said city and funds arising from the sale of lots in said present cemetery, known as the cemetery funds, shall not be used for any purpose except to maintain and beautify the present cemetery. And provided further at any time that said mayor and council may abolish said present cemetery and purchase land for a new one. Nuisances, cemeteries. Section 22. Said mayor and council shall have full power and authority to define and establish the fire limits of said city, and from time to time in their discretion

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to extend and enlarge the same. Within such fire limits it shall be unlawful to erect buildings or structures of any kind not fire proof. Said mayor and council shall have power to determine what buildings and structures are not fire proof. Should any person erect or cause to be erected within such fire limits any building or structure not fire proof, said mayor and council shall, after giving such person ten days notice and opportunity to regard thereto cause the same to be removed at the expense of the owner or owners thereof. Said mayor and council shall also have power to declare any building or structure in said city unsafe and dangerous and to condemn the same as such and cause the same to be repaired or removed at the expense of the owner thereof, after giving such owner ten days notice and an opportunity to be heard in regard thereto. Buildings. Section 23. Said mayor and council shall have full power to open, lay out, widen, straighten and otherwise change streets, alleys, squares in said city; to establish and fix such systems and grading and draining the streets of said city as they shall deem proper; and to condemn private property for any of these purposes. Streets, etc. Section 24. Said mayor and council shall have full power and authority to purchase, lease or condemn any lands and premises, water rights, rights of way, easements, franchises, within or without the limits of said city for the purpose of establishing or maintaining a water works system. Water system. Section 25. All rights of eminent domain and all rights and power to condemn property conferred by this Act upon said city, upon said mayor and council, or upon any officer of said city shall be exercised in accordance with sections 4657 to 4686 both inclusive of the Code of Georgia 1895 and Acts amendatory thereof. Eminent domain. Section 26. Said mayor and councilmen shall have full power and authority to make and adopt all ordinances, rules and regulations they may deem proper for maintaining, operating and carrying on water works for

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said city for supplying water for said city and inhabitants thereof and collecting therefor. Water system. Section 27. Said mayor and council are hereby authorized to make all necessary and proper arrangements for work on the public streets and public works of said city and to provide rules and regulations for the working of persons sentenced to confinement at labor for violations of ordinances of said city. Public works. Section 26. Said mayor and council shall have full power and authority to make, adopt and enforce all ordinances, by laws, rules and regulations which they may deem proper for the security of the peace, health, morals, good order and general welfare of said city and the inhabitants thereof, and for the protection of the property, rights and interests of said city. Ordinances. Section 29. Said mayor and council shall have full power and authority to prescribe by ordinances adequate penalties for the violation of any of these ordinances, rules and regulations of said city; such penalties are not to exceed for any such violations a fine of two hundred ($200.00) dollars, imprisonment in the city jail or building used for that purpose for six months and confinement at labor on the public works of streets of said city, six months. Same. Section 30. Said mayor shall have full power and authority to hold a police court for said city for the trial of persons charged with offenses against the ordinances of said city and to impose such penalties for the violations of such ordinances as may be prescribed by ordinances of said city. Such court shall be held at such times and places and under such rules and regulations as may be fixed and prescribed by ordinances of said mayor and council. Police court. Section 31. Any police officer of said city shall have authority to release any person arrested for violating any such ordinance of said city upon such person giving a bond payable to said city in an amount and with surety

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to be approved by the chief of police or mayor of said city conditioned for the appearance of such person before said police court at the time and place specified in said bond and from time to time until he shall have been tried for the offense for which he shall have been arrested. Provided the authorities of the said city may refuse to release on bond any person whose appearance in said city would likely be dangerous, indecent or in violation of any ordinance of said city. Bond may be refused when said bond is not deemed to be enforceable by city. Bonds. Section 32. If any person so released shall fail to so appear for trial such bond shall be forfeited and a rule nisi shall be issued requiring him and the surety upon such bond to show cause before said court at a time not less than sixty days from the date of such rule why such bond should not be absolutely forfeited. Copies of said rule shall be served upon the persons to whom it shall be directed at least twenty days before the return day thereof personally or by leaving the same at the most notorious place of abode of the person to be served, or by publishing the same once a week for four weeks in the newspaper in said city. If at the time such rule is made returnable no sufficient cause to the contrary shall be shown, the forfeiture of said bond shall be made final and absolute, and execution shall issue for full amount thereof and all costs against the principal and sureties thereon or such of them as shall have been served. Such executions shall be signed by the clerk and mayor of said city, shall be directed to all police officers of said city and to all and singular the sheriffs and constables of this state, shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgment in superior courts, and shall be levied by any officer to whom it shall be directed. Same, forfeiture. Section 33. For the purposes of raising revenues for the support and maintenance of the government of said city and defraying the ordinary current expenses thereof, said mayor and council shall have full power and authority, and it shall be their duty, to provide by ordinance, for the levying and collecting of ad valorem tax on all

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real and personal property within the corporate limits of said city not exceeding maximum legal amount fixed by the State of Georgia thereof. Said levy shall be fixed after the return and assessment of said property as provided in the preceding section hereof and before the 1st day of October in each year. All taxes so levied shall be due and collectible on the 20th day of December of the year for which they shall be levied. The clerk shall issue executions on all property for which taxes are not paid by December 20th, and proceed to advertise and levy upon same as provided by law pertaining to the collection of ad valorem tax. Ad valorem tax. Section 34. Said mayor and council shall have full power and authority to require all persons, firms, companies or corporations engaged in prosecuting or carrying on any trade, business, calling or avocation within the corporate limits of said city to register their names and businesses, callings, trades, avocations and professions annually, and to require them to pay for such registration and for license to engage in, prosecute, or carry on the same, not exceeding five hundred ($500.00) dollars per annum. Business licenses. Section 35. Said mayor and council shall have full power to pass such ordinances as they may see proper in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions; provided, the price to be paid for such licenses when granted, shall not exceed five hundred ($500.00) for each performance or exhibition. Same. Section 36. Said mayor and council shall have full power and authority to license billiard tables and ten pin alleys, shooting galleries and all public billiard tables kept or used for the purpose of playing or renting, and all public ten pin alleys and nine pin alleys, or alleys of any kind which are kept for use for the purpose of renting the same and charge for said license a sum not exceeding five hundred ($500.00) dollars on each. Same. Section 37. Said mayor and councilmen shall have

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full power and authority to assess a tax of not more than five hundred ($500.00) per year upon all persons carrying on the brokerage business in said city in addition to all other tax in said city which they may pay. They shall have power to license pawn brokers, to define by ordinance their powers and privileges; to impose taxes upon them; to revoke their licenses; and generally to exercise such superintendence over pawn brokers as will insure fair dealings between them and their customer. Same. Section 38. Said mayor and council shall have power to levy and collect from itinerant traders, who may, directly or indirectly, by themselves or others, sell any goods, wares or merchandise in said city, such tax as to them may seem proper. Same. Section 39. Said mayor and council shall have authority and power to provide by ordinance for the issuance of executions against the property of any person who shall fail to pay when due to said city any tax, license fee, assessment, or any liability for the use of water or lights; and all such executions shall operate as tax executions. Executions. Section 40. The annual expenses of said city shall be so restricted as not to exceed the annual income thereof. Budgets. Section 41. Be it further enacted by the authority aforesaid, that the said City of Suwanee 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 the State of Georgia. Bonds. Section 42. Be it further enacted, that the mayor and council of said City of Suwanee shall have power and authority to employ competent counsel for said city whose salary or compensation, term of office and duties shall be fixed by ordinance. Counsel. Section 43. Said mayor and council shall have power and authority to grant franchises to a person or persons

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for the purpose of erecting water systems, light systems, gas systems, telephone system, and any other purpose for which the public streets of said city are used. Franchises. Section 44. Said mayor and council shall have power and authority to provide for the registration of voters prior to any municipal election in said city; to make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered as aforesaid. Voters. Section 45. Said mayor and each of said council shall have power and authority of justices of the peace to issue warrants for offenses committed within the corporate limits of said town or upon the property mentioned in the preceding sections hereof, to bind over offenders in bailable cases to the proper court in Gwinnett County, and to submit to the jail of said county for trial before such a court offenders in cases not bailable, and offenders in bailable cases in default of bond. Such warrant shall be directed to the police officers of said city and shall be executed by them. It shall be the duty of the jailer of said county to receive all persons so committed and safely keep them until discharged by due cause. Warrants. Section 46. Said mayor and council shall require the clerk to keep a book to be known as The Permanent Registration Book of the Electors of said City in which event the electors of said city shall sign said book upon an oath containing therein substantially the following: I do solemnly swear that I have resided within the limit of the City of Suwanee for sixty days, and that I am qualified to vote for the members of the Legislature in the County of Gwinnett. No person not so registered shall be allowed to vote in any election. Registration of voters. Section 47. Registration of Electors . It shall be the duty of the city clerk to keep said permanent registration books open daily during such reasonable hours as may be prescribed by the mayor and council, to enable the electors of said city to register therein; provided that no person registering therein shall be required to again register

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as a qualified voter of said city so long as he remains a resident of said city, and does not disqualify himself by nonpayment of taxes or otherwise, it being the purpose of this Act to provide a permanent system of registration for said city. Section 48. Whenever any general or special election is to be held in said city, it shall be the duty of the clerk to close said registration book one week before said election and turn over same to the mayor, who shall, with the advice and consent of council, appoint a board of three registrars whose duty it shall be to make from said books a list of voters for such election; and in making said list the registars shall exclude the names of all persons on the registration list who registered less than one week before said election as well as those who have died, removed from the city limits, or who have disqualified themselves in any way as legal voters. The list of voters so made up by the registrars shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrars that his name was omitted by accident or mistake. The mayor and council shall provide a reasonable compensation for the work done by the registrars. Elections. Section 49. There may be an appeal from decision of the board of registrars as to the right of a person to register, to a committee of three registered voters of said city previously appointed by the mayor and council, whose decision shall be final. All appeals shall be made, heard, and determined within five days from the time the appeal shall be filed. After all appeals are decided it shall be the duty of the clerk of the registrars to make a correct list of the registered voters and furnish the managers of the election a certified copy of same. The registration book shall be open to the inspection of the public at all times during office hours. The said committee of registrars shall have the authority to purge said registration list of all illegal voters upon three days notice to the person or persons who have registered illegally or are disqualified.

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Notice may be given by a letter addressed to said illegally registered person by mailing same to him at Suwanee, Georgia. Purging voter lists. Section 50. It shall be the duty of the clerk of registrars to furnish the managers of the election at or before the opening of the polls on the day of election, with a complete list of registered voters arranged in alphabetical order, certified to under the hand of the clerk of the registrars and the complete seal of the city. Elections. Section 51. That the mayor and council of said city are hereby authorized to assess, levy and collect a sanitary tax and to create and maintain a sanitary department, elect their officers and employees, prescribe their duties and fix their salaries. They shall have the right by ordinance to prescribe sanitary regulation for the said City of Suwanee and collect the same against any person, firm or corporaton domiciled within the corporate limits of said city for whom the sanitary department may render service. Sanitary department. Section 52. That the mayor and council of said city are hereby invested with full power and authority to establish, equip, maintain, modify, extend, and improve a system of sewerage and drains in said City of Suwanee and to adopt by ordinance such regulations as may be needful and necessary in connection with the same, including such charges as may in the discretion of said mayor and council seem reasonable and proper for sewer connection and/or service, which said charges shall be enforceable in the same manner that charges for water furnished to said city are enforced. Sewerage system. Section 53. That the mayor and council of said City of Suwanee 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; they shall have a right to require of each consumer a deposit, which may vary according to the estimated consumption, to insure the prompt payment for such service; to shut off and refuse to furnish water, heat,

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gas or other commodities, where deposit of their payment for same is not promptly paid and to enforce by execution against any consumer or person served in the same manner as tax executions are issued and enforced. Utilities. Section 54. That the mayor and council of said city shall have the power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel and drainage of the sidewalks, squares, public lanes and alleys of said city. In order to carry into effect the authority above, they shall have the right to assess the cost of such improvements or any part thereof on the real estate abutting upon said streets, sidewalks, public lanes and alleys of said city. Streets. Section 55. That the mayor and council of said city shall have the right and power to require that permits be obtained for the purpose of erecting any building within the City of Suwanee and to require that any person, firm, or corporation conform to the standard building codes in the construction and erection of said building. Building permits. Section 56. Be it further enacted that at the time two councilmen are elected on the first Saturday in December, 1961, there shall be elected from the qualified voters of said city a clerk who shall serve two (2) years, and shall perform such duties as the mayor and council may prescribe and before entering upon his duties as such clerk, he shall give bond in such amount as may be required by the mayor and council conditioned for faithful discharge of his duties as clerk. Two councilmen shall be elected on the first Saturday in December, 1961. Clerk. Section 57. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by the authority of the same, that from and after passage of this Act that the mayor and councilmen, officers elected by the vote of the people, heads of departments, members of any board or commission of the mayor and council of the City of Suwanee and all other officers appointed or elected by the mayor and council of the City of Suwanee, shall be subject to removal during the several

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terms of office in the following manner: Whenever twenty-five per cent in number of the registered voters residing in the City of Suwanee, as disclosed by the registration sheets of the nearest general election, past or present, shall so request in a petition filed in the office of the clerk of the Superior Court of Gwinnett County, an election shall be called and held within 30 days from the date of the filing of said petition on the subject only of the recall or nonrecall of such official or officials. It shall be the duty of the clerk of the Superior Court to check the names of such list and report to the judge of the Superior Court, the judge of the City Court of Gwinnett County, and the Ordinary of Gwinnett County, the number of the registered voters thereon in order to see that the required number have signed the petition. This report shall be submitted to said judges with the petition. When so reported, with this certificate, the said judge shall order an election to be held under the same rules and regulations as govern regular city elections. At this election the ballots shall be as follows, with the names of such officer or officers and office or offices inserted in the blanks: For the recall of, holding the office of, Against the recall of, holding the office of. If a majority of the votes cast in said election are for recall of such office or officers, his office is declared vacant at the moment these votes are canvassed by said judges and the result announced. A meeting of the said judges shall be held for this purpose within not less than three days of the election so held; at this meeting the election managers shall make a return of the votes cast in said election by report of the same to the said judges, and said judges shall examine this return and declare the result. If a majority of the votes so cast be for the recall of the official, this office is vacated at the time the result is so declared by said judges as herein provides, and the vacancy immediately exists. Said judges shall call an election to fill said vacancy or vacancies within thirty days from the date said vacancy is declared, which said election shall be under the same rules and regulations governing regular city elections, and at such election the official who has been recalled is eligible as a candidate

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for the reelection, and the person or persons elected shall hold officer for the unexpired term. Recall. Section 58. Be it further enacted, that if any portion of this Act shall be held invalid only such portion shall fall and the balance of said Act and of the charter hereby created shall not be affected thereby. Severability. Section 59. Be it further enacted, that all ordinances, by-laws, rules and regulations now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by said mayor and council of said city. Intent. Section 60. Be it further enacted, that the provisions of this charter shall become effective immediately upon its passage and approval of the Governor. Effective date. Section 61. 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 62. 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 Suwanee to issue the call for an election for the purpose of submitting this Act to the voters of Suwanee who are qualified to vote for mayor and council. The mayor and council shall set the date for such election for a day not less than twenty-five nor more than thirty days after the date of the issuance of the call. The mayor and council shall advertise the same for at least twenty days immediately preceding the election by posting typewritten or printed copies of this Act in three public places in Suwanee and a copy shall be kept during such period at the place where the public records of Suwanee are located. In addition thereto, the mayor and council shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballots shall have written or printed thereon the words:

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For approval of the Act creating a new Charter for the City of Suwanee. Referendum. Against approval of the Act creating a new Charter for the City of Suwanee. 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 Suwanee. It shall be the duty of the mayor and council, or such other authority as normally holds elections in Suwanee, 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 the proposed legislation has been published in the News-Herald on the following dates, to-wit: January 5, 1961, January 12, 1961, January 19, 1961 and January 26, 1961. /s/ Katie Mae christian Sworn to and subscribed before me, this the 20 day of Feb., 1961. /s/ Hope D. Stark Notary Public, Gwinnett County, Georgia. (Seal).

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Georgia, Gwinnett County. Notice is hereby given the general public that at the next session of the General Assembly of the State of Georgia which convenes in regular session on the 2nd Monday in January, 1961, a Bill will be introduced in said body as follows: An Act to amend, consolidate, create, revise and supercede the Acts incorporating the City of Suwanee, in the County of Gwinnett, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to change the name from the Town of Suwanee, Georgia; to provide a municipal government therefor; to define the territorial limits of said city; to provide for a mayor and council and define their powers and duties; to provide the punishment of violators of the ordinances, rules and regulations of said municipality; to define the special powers of the mayor; to provide for council, and fix their salaries; to provide filling vacancies of said city; to provide for the election and appointment of employees and prescribe their duties; to provide for the collection of license taxes; to provide for the manner in which property may be returned for taxes; to provide how ordinances may be adopted, be approved and vetoed, and how same may become valid; to grant and provide for eminent domain, and how and when exercised; to provide for sanitary equipment to be purchased, and sanitary ordinances to provide a sanitary department with penalties for refusal or noncompliance; to provide for extension of sewer and water mains and systems; to provide for a jail and other places of detention; to provide for the issuance of bonds, revenue certificates and similar forms of indebtedness, their sale and lien; to provide punishment for violation of ordinances; to provide for street and sidewalk paving, to assess costs thereof and the collection of same; to provide a police court and judge thereof; to provide for term of city clerk and how elected; to provide for the city clerk to prepare a budget based on estimated income to be approved by the mayor and city council, and monthly

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report on same to be made by the clerk, and define other duties of said city clerk. To provide for the City of Suwanee to be responsible for all legal debts of the City of Suwanee, Georgia; to provide for the registration and qualification of voters; to provide for the collection of services rendered by the City of Suwanee, such as water, electricity, sewerage and other services, and other purposes. This 3rd day of January, 1961. Mayor and Council City of Suwanee, Georgia. Approved April 5, 1961. CHATTAHOOCHEE PLANTATIONINCORPORATED. No. 443 (House Bill No. 631). An Act to incorporate a community in Cobb County, Georgia to be known as Chattahoochee Plantation; to define the name, style, 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 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 the elections in said city; to 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

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construction of streets, roads and sidewalks in said city; to provide for 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 of 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 certain powers of the municipality to be effective only upon the registered voters of the municipality attaining 500 in number; to establish and maintain a system of public schools; to accept public funds therefor from the State of Georgia and other political subdivisions; 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 approval of this Act, the inhabitants of the territory hereinafter described in section 2 of this Act are hereby incorporated under the name and style of Chattahoochee Plantation, as a municipality, city and town under the law of Georgia. Said Chattahoochee Plantation 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 Chattahoochee Plantation shall have all the rights, powers and privileges to purchase, acquire by

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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 this charter, the laws and Constitution of the State of Georgia and of the United States. Incorporated. Section 2. That geographical area within the following boundary shall constitute the area of Chattahoochee Plantation, Georgia, to wit: All that tract or parcel of land lying and being in the 17th district, 2nd section; the 16th district, 2nd section, and the 1st district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at the northwest corner of land lot 1083 of the 17th district, 2nd section of Cobb County, Georgia; thence in a northerly direction along the west side of land lot 1082 and 1081 of the 17th district, 2nd section, Cobb County, Georgia, to the northwest corner of land lot 1081; thence in an easterly direction along the north line of said land lot 1081 to the northeast corner of said land lot 1081; thence in a northerly direction along the west line of land lot 1086 of the 17th district, 2nd section, to the northwest corner of said land lot 1086; thence in an easterly direction along the north line of land lot 1086 and land lot 1093 to the northeast corner of said land lot 1093 of the 17th district, 2nd section; thence in a northerly direction along the west line of land lots 1098; 1099 and 1100 of the 17th district, 2nd section to the northwest corner of said land lot 1100; thence in an easterly direction along the north line of land lot 1100 for a distance of 114 feet to a point and corner; thence in a northerly direction along the west line of land lot

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1261 of the 16th district, 2nd section for a distance of 614 feet to the northwest corner of said land lot 1261 of the 16th district, 2nd section; thence in a westerly direction along the south line of land lot 1259 of the 16th district, 2nd section for a distance of 1207 feet, more or less, to the southwest corner of land lot 1259 of the 16th District, 2nd section; thence in a northerly direction along the west line of said land lot 1259 for a distance of 388.4 feet to a point and corner on the southerly side of Paper Mill Road; thence in an easterly direction along the southerly side of Paper Mill Road for a distance of 795 feet, more or less, to a point and corner on the southerly side of Paper Mill Road 60 feet south of the intersection of the easterly side of Woodlawn Drive and the northerly side of Paper Mill Road; thence in a northerly direction for a distance of 60 feet across Paper Mill Road to the intersection of the northerly side of Paper Mill Road and the easterly side of Woodlawn Drive; thence continuing in a northerly direction along the easterly side of Woodlawn Drive for a distance of 695 feet, more or less, to the intersection of the easterly side of Woodlawn Drive and the north line of land lot 1259 of the 16th district, 2nd section; thence in an easterly direction along the north line of said land lot 1259 for a distance of 405 feet, more or less, to the northeast corner of said land lot 1259; thence continuing in an easterly direction along the north line of land lot 1260 of the 16th District, 2nd section to the northeast corner of said land lot 1260; thence in a northerly direction along the west line of land lot 6 of the 1st District, 2nd section of Cobb County, Georgia, to the northwest corner of said land lot 6 of the 1st district, 2nd section; thence in an easterly direction along the north line of said land lot 6 to the northeast corner of said land lot 6; thence continuing in an easterly direction along the north line of land lot 73 of the 1st district, 2nd section of Cobb County, Georgia, to the intersection of the north line of said land lot 73 and the west side of Johnson Ferry Foad; thence in a southerly direction along the westerly side of Johnson Ferry Road and following the curvature thereof to the intersection of the westerly side of the Johnson Ferry Road and the northerly side of Paper Mill

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Road; thence continuing in a southerly direction along the westerly side of Johnson Ferry Road and crossing the said Paper Mill Road to the intersection of the westerly side of Johnson Ferry Road and the southerly side of Paper Mill Road; thence continuing in a southerly direction along the westerly side of the Johnson Ferry Road to a point and corner on the westerly side of Johnson Ferry Road 1480.66 feet northerly from the intersection of the westerly side of Johnson Ferry Road and the public bridge on Johnson Ferry Road crossing the Chattahoochee River; said point on the westerly side of the Johnson Ferry Road marking the northeast corner of the property conveyed by Chattahoochee Plantation, Inc. to J. S. Charles by warranty deed dated May 17, 1954 and recorded in deed book 276, page 585, Cobb County records; thence south 41 degrees 23 minutes west for a distance of 2340 feet to a point and corner along a certain stream; thence in a southwesterly direction for a distance of 213.7 feet to a point and corner; thence south 44 degrees 30 minutes west for a distance of 1231.9 feet to a point and corner; thence south 44 degrees 37 minutes west for a distance of 318.9 feet to a point and corner; thence north 45 degrees 23 minutes west for a distance of 249.8 feet to a point and corner; thence south 44 degrees 37 minutes west for a distance of 1255.1 feet to a point and corner; thence south 45 degrees 23 minutes east for a distance of 1656.4 feet to a point and corner along the north bank of the Chattahoochee River in land lot 1 of the 1st district, 2nd section of Cobb County, Georgia; thence in a southwesterly direction along the northerly bank of the Chattahoochee River, following the meanderings thereof, to a point and corner in land lot 1083 of the 17th district, 2nd section of Cobb County, Georgia; thence south 88 degrees 42 minutes west for a distance of 387.9 feet to a point and corner on the westerly side of land lot 1083; thence in a northerly direction along the westerly side of land lot 1083 of the 17th district, 2nd section of Cobb County, Georgia, to the northwest corner of land lot 1083, said district and section, being the point of beginning. Corporate limits.

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Section 3. The government of Chattahoochee Plantation 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 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. Government. (b) The council of Chattahoochee Plantation 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 may appoint annually, subject to the approval of the council, a city clerk, a city attorney, and a city treasurer, who shall serve for a term of one (1) year. In the absence of appointment, the mayor

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shall serve in such capacities. The city clerk and the city treasurer may be the same person. The mayor may also 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, but such regular meetings may be postponed or dispensed with upon unanimous approval of the council. 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 of 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 Chattahoochee Plantation 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 described in section 2 of this Act for a period of at least six (6) months and shall be a registered qualified voter of the State of Georgia and of Chattahoochee Plantation. 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 described in section 2 of this Act for a period of at least six (6) months and a registered qualified voter of the State of Georgia and of Chattahoochee Plantation. 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.

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Section 6. The mayor of the city shall be compensated not to exceed the sum of fifty dollars ($50.00) a year. 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 January meeting of the council, but in no event shall exceed the limit set forth above. Salaries. Section 7. Notwithstanding any other provision of this Act, the following persons shall be mayor and councilmen respectively, from the passage of this Act and until their successors are elected and qualified: Richard L. Simms, Jr., mayor, Hermon Warren, Councilman, W. E. McFarlane, Councilman, Clyde King, Jr., Councilman, Fred N. Brown, Councilman, William A. Ward, Jr., Councilman, and these persons shall serve in such capacities notwithstanding any lack of eligibility under other provisions of this Act. First mayor and council. The named mayor and councilmen shall take office within thirty (30) days of the passage and approval of this Act, taking an oath to faithfully perform the duties of their offices before a judge of the Superior Court of Cobb County, Georgia. Section 8. When five hundred persons shall have become qualified registered voters as hereinafter provided, an election for mayor and five (5) councilmen shall be held on the first Wednesday in December, thereafter, and the candidate who secures the largest number of votes for mayor shall take office on January 1, next following his election and shall serve for a term of four (4) years, and the five (5) candidates who secure the largest number of votes for councilman shall serve as councilmen commencing on January 1, next following their election and shall serve for a term of four (4) years, both mayor and councilmen serving until their successors are elected and qualified. Thereafter every four (4) years on the first Wednesday in December an election shall be held to fill vacancies resulting from

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expiration of terms, and terms of all officers elected shall be four (4) years. Elections. At such election all qualified voters shall be authorized to vote for as many persons who are candidates for the office of councilman as they desire but in no event shall such voter vote for more than five (5) candidates, and the ballot shall be so arranged as to permit a voter to vote for as many as five (5) different candidates to fill the five (5) positions of councilman, nor shall such voter be permitted to cast more than one vote for a single candidate. The mayor and council shall announce the hours of voting on the said first Wednesday in December at least ten (10) days before the holding of an election, and should the said first Wednesday in December fall upon a legal holiday, then in that event, the election shall be held on the first day next succeeding the first Wednesday in December that is not a legal holiday. 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 for said purpose between November 1 and noon November 15 for the elections to be held in that particular year. Section 9. In the event that the office of mayor or of councilman of Chattahoochee Plantation should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election by a majority vote of the city council within thirty (30) days of the vacancy's occurring and such person so elected and appointed shall, upon his taking oath and meeting the requirements of the office, serve the unexpired term to which such person was elected and appointed by the said city council or by the terms of this Act. Vacancies. Section 10. The mayor and councilmen shall be installed in their office by taking and subscribing the following oath before any officer authorized to administer oaths:

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I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of Chattahoochee Plantation; 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, following a regular election, the mayor and 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 candidate who has been a resident of Chattahoochee Plantation the longest period of time shall be declared to be elected to the office involved. Tie votes. 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 Cobb, and unless he shall have bona fide and continuously resided in the area of Chattahoochee Plantation as described in section 2 of this Act as a citizen thereof for three months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Electors. Section 13. There shall be established in Chattahoochee Plantation created by this Act a permanent registration system of the qualified voters of said city. (a) By September 1, 1961, 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 page of such permanent

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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 provided, and shall cause notice of such facts to be published in one (1) issue of the newspaper in which sheriff's advertisements for Cobb 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 ten (10) days next preceding the day of any election in said city. (c) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz: I do solemnly swear that I am eighteen (18) years of age 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 Cobb, and that I have bona fide and continuously resided in Chattahoochee Plantation as a citizen thereof for three (3) months. 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 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.

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(e) Whenever any election is to be held in and for said city, the said registration books are to be closed ten (10) days next preceding such election and delivered to the mayor of said city, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three (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 all 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) 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

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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 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) Chattahoochee Plantation 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 may be established by ordinance duly passed in Chattahoochee Plantation created by this Act a mayor's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. (a) Said court shall be held as often as necessary for the trial of offenders. The mayor shall preside over said court and perform the duties thereof. The clerk of the city may act as clerk of the court, and the chief police officer of the city or other police officers if there be such officers appointed 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. Mayor's 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.

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(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 two hundred ($200.00) and to imprisonment in the prison of said city or in the common jail of Cobb 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 Chattahoochee Plantation; all warrants for offenses against the laws and ordinances of said city shall be signed by the mayor of the said city, or some other 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 Cobb County for trial, to assess

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bail for his appearance, and to commit to the jail in Cobb 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 attachements 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 subpoena[UNK]ed 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 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 enforced in the same manner as tax executions and 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 the 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

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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 upon approval by ordinance duly passed have power to levy and collect a tax upon all property within the limits of the municipality, provided that said tax shall not exceed one mill upon the value of said property. Taxation. Section 16. The person serving as city clerk shall serve in ex officio capacity as tax assessor and it shall be his duty to make a return annually for all persons owning property in Chattahoochee Plantation as of January 1 of each year; and the books for recording same shall be opened on the same date and closed two weeks after the tax books of Cobb County are opened and closed. Said property shall be returned on blanks furnished for that purpose at an amount not to exceed the amount established by the tax assessors of Cobb County. Tax assessor. (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 ten (10) days after the tax books are closed, 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 or the value set thereon by the tax assessors of Cobb 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

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assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Section 17. 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. Tax executions. Section 18. Chattahoochee Plantation created by this Act when five hundred persons shall have become qualified, registered voters as hereinbefore provided, shall have full power and authority to license, regulate, control or prohibit, in a nondiscriminatory manner, all businesses, occupations, 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 business, 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 other rules and regulations and proper in the premises: Licenses. Section 19. (A) Chattahoochee Plantation, created by this Act, when five hundred persons shall become qualified, registered voters as hereinbefore provided, 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

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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 68-402), 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, provided the council upon approval by ordinance so elects, and the council of Chattahoochee Plantation created by this Act, is hereby made the governing body referred to and authorized to act under the term 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. Section 20. Said Chattahoochee Plantation, when five hundred persons shall become qualified, registered voters as hereinbefore provided, shall have full power and authority to furnish water, electric lights and power, gas, heat 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; to purchase or generate electric energy; and to maintain the supplying said public utility service. Utilities. Section 21. Said Chattahoochee Plantation, when five

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hundred persons shall become qualified, registered voters as hereinbefore provided, shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, electric lights or power energy, gas, heat, and sewer service, by the following methods: (a) By making said charges for water, electric energy, gas, heat, and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, 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 the 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. Same. (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 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

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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 22. Said city, when five hundred persons shall become qualified, registered voters as hereinbefore provided, 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 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

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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. Ordinances. Section 23. Said Chattahoochee Plantation, when five hundred persons have become qualified, registered voters as hereinbefore provided, 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; for the purpose of regulating the height of the buildings, fences, or other structures, or for 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 frontage. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determinations and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, or other activity conducted, or to be 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

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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 Cobb 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. Section 24. Said Chattahoochee Plantation, when five hundred persons shall have become qualified, registered voters as hereinbefore provided, 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 laws of the State of Georgia for the condemnation of private property by town and cities as contained in Georgia Code, 1933, section 36-301, et. seq. Condemnation. Section 25. The council of Chattahoochee Plantation, when five hundred persons shall have become qualified,

Page 3200

registered voters, as hereinbefore provided, 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, 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 purpose. Bonds. Section 26. In addition to the power and authority vested in said Chattahoochee Plantation, 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 this charter, with the Constitution and laws of the United States and 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 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; (c) 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; (d) To provide a uniform scale of costs of the clerk

Page 3201

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; (e) To require connections with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein. Section 27. Chattahoochee Plantation, the municipality created by this Act shall have the authority, consistent with the law of Georgia and the Constitution of Georgia, to establish an independent municipal public school system for the residents of Chattahoochee Plantation within the area designated in section 2 of this Act. (a) The council of the City of Chattahoochee Plantation may, upon approval by ordinance duly passed, establish a body politic to be known as Board of Education of the City of Chattahoochee Plantation; said Board of Education shall be capable of suing and being sued as such; it is empowered to enact such by-laws, rules and regulations not inconsistent with the laws of this State or the United States for the government of the members of said Board of Education, the Superintendent, teachers and pupils of public schools operated by the said Board as the Board may deem proper. The said Board may hold any property, real or personal, that it may acquire by purchase, donations or otherwise. It shall elect from its body a president who shall exercise such power and perform such duties as the Board may prescribe. Said board shall appoint a Treasurer who shall give bond in such amount as said Board shall determine sufficient, with good and sufficient security to be approved by said Board and payable to said Board for the faithful discharge of the said Treasurer's duties and the safekeeping and disbursement of monies, bonds and matters entrusted to his care. The said Board may remove the Treasurer for cause and fill any vacancy occurring in said office at any time. Schools.

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(b) The said Board of Education of the City of Chattahoochee Plantation shall consist of three (3) freeholders of said city who shall be elected by the city council of Chattahoochee Plantation at the first regular meeting of the said city council in January of any year hereafter determined and the members of the Board of Education so elected shall serve from the date of their election for a term of four (4) years and until their successors are duly elected by the city council and qualified on the first regular meeting of the city council in January at succeeding four year intervals. No person shall be eligible to serve as a member of the Board of Education except he own real property in Chattahoochee Plantation, he be a person over twenty-five years of age and a registered voter of the City of Chattahoochee Plantation. (c) The said Board of Education may establish and maintain in said City of Chattahoochee Plantation one or more schools for the children residing therein. The said Board of Education may issue bonds for the erection of school buildings and may avail itself of any State and Federal funds to which it may be entitled for such purposes and the said Board of Education of the City of Chattahoochee Plantation being a body politic, may succeed to all authority as now given by the law of Georgia for the issuance of such bonds to like independent municipal school bodies politic. (d) The said Board of Education of the City of Chattahoochee Plantation shall be the governing authority of said public school system within the City of Chattahoochee Plantation and shall have such authority over the school system within said area as County boards of education of Georgia exercise with respect to public schools coming under the jurisdiction of County boards of education as particularized and set forth in Chapter 32-9 of the Code of Georgia. (e) The said Board of Education of the City of Chattahoochee Plantation shall have the authority to receive from the Board of Education of Cobb County such funds

Page 3203

on a prorated basis provided for the children attending said municipal school system as would be the prorated share of such children's entitlement for educational purposes were said children to attend the public schools of Cobb County, Georgia and said Board of Education of the City of Chattahoochee Plantation shall be entitled to receive such funds from the State Board of Education and State authorities and from Federal authorities as other like independent municipal school systems in the State of Georgia are entitled to receive therefrom. (f) There shall be elected annually by the Board of Education at a meeting on the first Wednesday of each February following the establishment of an independent municipal school system, a school superintendent who shall be the administrative and executive head of the public school system of the City of Chattahoochee Plantation and such School Superintendent shall have that authority with respect to administration of the independent municipal school system of the City of Chattahoochee Plantation as the County School Superintendents have in the administration of the public schools of the respective counties of Georgia as set forth in Chapter 32-10 of the Georgia Code. The funds to be paid to said Board of Education of Chattahoochee Plantation by the Board of Education of Cobb County shall be allotted on a basis of per capita of the children in attendance at said public schools of Chattahoochee Plantation and such funds shall be paid over by the Cobb County Board of Education within ten (10) days of the receipt of such funds by the Cobb County Board of Education from whatever source derived. (g) In all other respects the said Board of Education of the City of Chattahoochee Plantation shall have such authority as independent municipal school system boards of education have generally under the law of Georgia. Section 28. Until such time as an independent municipal public school system is established by the City of Chattahoochee Plantation by the vote of the city council of said Chattahoochee Plantation under the authority

Page 3204

of and consistent with the law of Georgia and Constitution of Georgia, the public school system of Cobb County shall continue to function within the area of Chattahoochee Plantation and nothing in this Act shall in any way limit or prohibit the full and complete exercise of jurisdiction by the Cobb County Board of Education over the persons and property within Chattahoochee Plantation for school purposes to the same extent as though this Act had never been enacted. Same. Section 29. The enumeration of powers contained in this Act shall be considered as restrictive; but Chattahoochee Plantation and the authorities of said city may exercise all powers, rights and jurisdictions herein expressly conferred, 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 interests and purpose of this Act or the laws of this State. Intent. Section 30. Until the powers hereinbefore conferred upon Chattahoochee Plantation shall have become operative by virtue of the requirement that five hundred persons shall have become qualified, registered voters as hereinbefore provided, the governing authorities of Cobb County shall continue to exercise such regulatory health, zoning, licensing, fire, police, water, sewerage, traffic, road creation and maintenance jurisdiction within said city as though no such municipality exists, and in the same manner as the territory encompassing Chattahoochee Plantation has heretofore and until the approval of this Act enjoyed. Same. Section 31. Any property, real or personal, now or hereafter owned by said city (including and 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

Page 3205

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. Property. Section 32. Chattahoochee Plantation 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 the fiscal year July 1 to June 20, 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. Cash basis. Section 33. If any portion of this Act be declared invalid, the remainder hereof and the application of such portion to other persons and circumstances shall remain unaffected; however, if that portion of this Act limiting the election of officials and powers of the municipality of Chattahoochee Plantation providing for their exercise only in the event that five hundred persons shall have become qualified, registered voters as herein provided shall be declared invalid, then in that event it is hereby expressly provided that this General Assembly would not have enacted this charter and all remaining portions are hereby declared invalid. Severability. Section 34. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Cobb County. Personally appeared before the undersigned authorized

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to administer oaths, Brooks Smith, who first being placed on oath, deposes, says, and certifies that he is the publisher of the Marietta Daily Journal, the official gazette in which newspaper are published sheriff's advertisements for Cobb County, Georgia, encompassing the locality affected; and affiant further states that the above and foregoing notice attached hereto and made a part hereof by reference was published in the Marietta Daily Journal editions on January 20, January 27 and February 3, 1961, all as required by law and Section 47-801 of the Georgia Code. /s/ Brooks Smith, Publisher Marietta Daily Journal, Marietta, Georgia. Sworn to and subscribed before me, this 21st day of February, 1961. /s/ Robert E. Flournoy, Jr., Notary Public, Cobb County, Georgia. (Seal). Georgia, Cobb County. Notice is hereby given of intention to apply for the passage of a local or special Bill to create a municipality in Cobb County, Georgia, to be known as Chattahoochee Plantation Estates, Georgia, said municipality shall have such powers, duties and authority as may be granted by the General Assembly of Georgia to which this application shall be made. This notice is given in accordance with Section 47-801 of the Georgia Code. /s/ Harold Willingham, /s/ Joe Mack Wilson, /s/ E. W. Teague, Representatives, Cobb County, Georgia. Approved April 5, 1961.

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ROME-FLOYD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. No. 444 (House Bill No. 424). An Act to create a body corporate and politic, a public corporation, and an instrumentality of the State of Georgia to be known as the Rome-Floyd County Industrial Development Authority for the purpose of expanding and developing industry in Floyd County and for improving the general welfare of said county; to provide the manner in which the name of such Authority may be changed; to provide its scope and jurisdiction to include all the territory embraced within the limits of Floyd County; to provide for the purposes, duties, control, powers, organization, authority, funds and procedures of said Authority; to provide for the appointment of the members of said Authority; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. There is hereby created a body corporate and politic to be known as the Rome-Floyd County Industrial Development Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change same may be accomplished by an Act of the General Assembly. Created. Section 2. The said Authority is created for the purpose of expanding and developing industry in Floyd County and for improving the general welfare of said County, including the purchase and/or leasing of land and/or the construction thereon of facilities and/or improvements for lease and/or sale to industries so as to relieve abnormal unemployment conditions, and is an

Page 3208

industrial development agency qualified to receive loans and other assistance from the Industrial Development Commission of the State of Georgia, or other governmental agencies. In carrying out these objectives the Authority shall be deemed to be performing an essential governmental function, and engaged in activities which the State of Georgia or other political subdivisions could themselves lawfully undertake. Powers. Section 3. The said Authority shall consist of seven (7) members, one of whom shall be the Chairman of the City Commission of the City of Rome; one of whom shall be the Chairman of the Board of Commissioners of Roads and Revenues of Floyd County; one of whom shall be the President of the Chamber of Commerce of Rome and Floyd County, or its successor; one of whom shall be the Chairman of the Industrial Development Committee of the Chamber of Commerce of Rome and Floyd County, or its successor; and three of whom shall be appointed by the other four (4) members first above mentioned. Members. (a) The terms of office of the members who are the Chairman of the City Commission of the City of Rome, the Chairman of the Board of Commissioners of Roads and Revenues of Floyd County, the President of the Chamber of Commerce of Rome and Floyd County, or its successor, and the Chairman of the Industrial Development Committee of the Chamber of Commerce of Rome and Floyd County, or its successor, shall run concurrently with their tenure of office, and their successors in such respective offices shall succeed them as members of the said Authority. Terms. (b) The three (3) members initially appointed by the other four (4) members first mentioned shall be appointed for terms expiring December 31, 1961, December 31, 1962, and December 31, 1963, respectively; and thereafter their respective successors shall be appointed for terms of three (3) years. In the event of the death or resignation of either one of said appointed members, his successor shall be appointed by the remaining members for the balance of the unexpired term. Same.

Page 3209

(c) Prior to taking office the members shall subscribe to the following oath, to-wit: I do solemnly swear that I will fully and fairly perform the duties as a member of the Rome-Floyd County Industrial Development Authority, So Help Me God. Oath. (d) The members of the said Authority shall be entitled to no compensation. Compensation. Section 4. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (a) The word Authority shall mean the Rome-Floyd County Industrial Development Authority, created hereby. Definitions. (b) The word Project shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the development, expansion and promotion of industry in Floyd County; the acquisition of such property for such purposes; the improvement of such properties and/or the construction of buildings, plants, and/or equipment for the purpose of using, selling, leasing or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations or associations for such purposes. (c) The term cost of project shall embrace the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired or contracted for, the cost of financing charges and of interest prior to and during construction, architectural, accounting, engineering and legal expenses, cost of plans and specifications and other expenses necessary or incident to construction or improvements or to determining the feasibility or practicability of the project, administrative expenses, and all other expenses necessary or incident to the acquisition, construction, equipping and/or operating any project or any part thereof.

Page 3210

Section 5. Any four (4) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than four (4) affirmative votes. Quorum. Section 6. The powers of the Authority herein created shall include, but are not limited to, the power: (a) To have a corporate seal and alter the same at pleasure. (b) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Georgia, any county or municipality thereof, and other political subdivisions, and with private persons, firms, corporations, and associations. Powers. (c) To acquire, hold, and dispose of real and personal property, including the stock of other corporations for its corporate purposes. (d) To buy, acquire, receive as gifts, improve, own, operate, maintain, sell, lease as lessor or lessee, and mortgage, as well as execute deeds and other instruments to secure debt to and for, land, buildings, and property of all kinds, real and personal, within the County of Floyd. (e) To enter into contracts for any period of time not exceeding fifty (50) years. (f) 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 rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to sell the same, in any manner it deems to be the best advantage of the Authority.

Page 3211

(g) To encourage and promote the expansion of industry in the County of Floyd, and the municipalities in said county, and to make a long range plan therefor. (h) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation. (i) To make contracts, and to execute all instruments necessary or convenient to the acquisition, maintenance, and operation of projects, including contracts for construction of projects, and leases, and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires. (j) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, lease, equip, expand, add to, operate and manage projects and to pay the costs of any such project from any income of the Authority, or from any contributions or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (k) To elect its own officers from the membership of the Authority; to elect and employ an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to acts for the Authority generally or in any specific matter. (l) To borrow money for any of its corporate purposes and to execute debentures, bonds, notes, mortgages, deeds or bills of sale to secure debt, trust deeds and other such instruments as may be necessary or convenient to evidence and secure such borrowing. (m) To use the rents, profits and proceeds from the projects erected, leased or sold, to provide for the operation and maintenance of such projects or other projects, to discharge the principal and interest of notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority.

Page 3212

(n) To do all things within its powers to encourage industrial expansion and development, and the location of new industries in Floyd County and the municipalities therein. (o) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions, which is not in conflict with the Constitution and laws of this State. (p) 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. (q) To receive and administer gifts, grants and donations and to administer trusts. (r) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (s) To do all things necessary and convenient to carry out the powers expressly conferred by this Act upon the Authority. Section 7. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds. Bonds. Section 8. The Authority shall not be authorized to create in any manner any debt, liability or obligation, against the State of Georgia, Floyd County, or any municipality therein. No debt, liability or obligation of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other subdivision thereof, except said Authority. Debts. Section 9. If the Authority shall deem it expedient

Page 3213

to construct any project or use any project already constructed on lands, the title to which shall be in the County of Floyd and/or any incorporated city or town in said county, the governing authorities of the County of Floyd and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improvements thereon, without cost, to the Authority. Said County and/or said municipalities may donate to said Authority personal property and services for any such project. Property. Section 10. The Authority shall not grant any donation or gratuity, directly or indirectly, to any person, firm, corporation, or association. Duties. Section 11. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall revert to Floyd County and the municipalities therein subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of the Authority. The members thereof shall not use it for private gain or benefit. The Authority shall hold title only for the benefit of the public. Property. Section 12. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed with the clerk of the City of Rome and shall be available for public inspection. Audits. Section 13. The provisions of this Act are severable, and if any of the provisions hereof shall be held unconstitutional or invalid by any court of competent jurisdiction, the decision of such court shall not affect, impair or invalidate any of the remaining portions of this Act. Section 14. All laws and parts of laws in conflict herewith are hereby repealed.

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Section 15. There is attached hereto and hereby made a part of this Bill a copy of the notice of the intention to apply therefor, accompanied by an affidavit of the author of this Bill to the effect that said notice has been published as provided by law. Notice of Intention to Apply for Local Legislation. Notice is here given of the intention to apply to the General Assembly of the State of Georgia at its session which convened on January 9, 1961, for the enactment of local legislation to create a body corporate and politic, a public corporation, and an instrumentality of the State of Georgia to be known as the Rome-Floyd County Industrial Development Authority for the purpose of expanding and developing industry in Floyd County and for improving the general welfare of said County; to provide the manner in which the name of such Authority may be changed; to provide its scope and jurisdiction to include all the territory embraced within the limits of Floyd County; to provide for the purposes, duties, control, powers, organization, authority, funds and procedures of said Authority; to provide for the appointment of the members of said Authority; to repeal conflicting laws; and for other purposes. /s/ LeRoy Hancock /s/ Tom Selman /s/ Jule Levin Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Scoggin, 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, which is the official organ of said county, on the following dates: January 13, 20, and 27. /s/ Robert L. Scoggin, Representative, Floyd County.

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Sworn to and subscribed before me, this 2nd day of February, 1961. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved April 5, 1961. SMALL CLAIMS COURTS IN CERTAIN COUNTIES. No. 445 (House Bill No. 225). An Act to amend an Act creating a Small Claims Court in each county in this State with a population of not less than 33,500 and not more than 33,990 according to the U. S. Census of 1950 or any future such census, approved March 5, 1957 (Ga. L. 1957, p. 2635), as amended particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2925), so as to change the population and census figures appearing therein; to change the provision as to jurisdiction; 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 to amend an Act creating a Small Claims Court in each county in this State with a population of not less than 33,500 and not more than 33,990 according to the U. S. Census of 1950 or any future such census, approved March 7, 1957 (Ga. L. 1957, p. 2635), as amended particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2925), is hereby amended by striking from the title of said Act the words and figures not less than 33,500 and not more than 33,990 according to the U. S. Census of 1950 or any future such census; and substituting in lieu thereof the words and figures not less than 34, 225 and not more than 34,500 according

Page 3216

to the U. S. Census of 1960 or any future such census; so that when so amended the title of said Act shall read as follows: An Act creating a Small Claims Court in each county in this State having a population of not less than 34,225 and not more than 34,500 according to the U. S. Census of 1960 or any future such census; providing for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; prescribing the jurisdiction, the pleading, practice and service of process therein; providing for a clerk and prescribing his remuneration; validating acts and proceedings therein and providing the effective date; to repeal conflicting laws; and for other purposes. Where applicable. Section 2. Said Act is further amended by striking therefrom section 1 in its entirety and substituting in lieu thereof a new section 1, which shall read as follows: Section 1. There is hereby created and established in each county in this State having a population of not less than 34,225 and not more than 34,500 according to the U. S. Census of 1960 or any future such census, a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $500.00, said jurisdiction to be concurrent with the jurisdiction of any other court of courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted including like powers granted to justices of peace by the laws of the State of Georgia. Section 3. Said Act is further amended by striking therefrom section 17 in its entirety. Section 4. This Act shall take effect immediately upon approval by the Governor, or at such other time as it may become law. Effective date.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. TOWN OF BOGARTTAX RATE. No. 446 (House Bill No. 367). An Act to amend an Act incorporating the Town of Bogart in Oconee County, approved August 24, 1905 (Ga. L. 1905, p. 670), as amended by an Act approved August 21, 1911 (Ga. L. 1911, p. 788), an Act approved August 18, 1919 (Ga. L. 1919, p. 844), an Act approved August 27, 1931 (Ga. L. 1931, p. 692), an Act approved March 6, 1941 (Ga. L. 1941, p. 1185), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2440), so as to change the tax millage of such 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 Bogart in Oconee County, approved August 24, 1905 (Ga. L. 1905, p. 670), as amended by an Act approved August 21, 1911 (Ga. L. 1911, p. 788), an Act approved August 18, 1919 (Ga. L. 1919, p. 844), an Act approved August 27, 1931 (Ga. L. 1931, p. 692), an Act approved March 6, 1941 (Ga. L. 1941, p. 1185), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2440), 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, That the mayor and council shall have power annually to levy and collect an ad valorem tax not to exceed twelve (12) mills on all the property, real and personal, subject to State and county taxes within the corporate limits of said town for the purpose of carrying into effect the provisions of this charter, and that such taxes shall become due and collectable

Page 3218

at such time and in such manner as may be prescribed by ordinance of said mayor and council. 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 1961 session of the General Assembly of Georgia, a Bill to amend the charter of the Town of Bogart, so as to change the tax millage; and for other purposes. This 11 day of January, 1961. /s/ H. H. Wells, Rep., Oconee County. 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 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: Jan. 12, 19, 26, 1961. /s/ Hubert H. Wells, Representative, Oconee County. Sworn to and subscribed before me, this 31st day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved April 5, 1961.

Page 3219

LOWNDES COUNTYCLERICAL HELP FOR ORDINARY. No. 447 (House Bill No. 252). An Act to provide for the employment of clerical assistance for the Court of Ordinary of Lowndes County, Georgia; to provide the compensation therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notice of the intention to apply to this session of the General Assembly for the passage of this Act having been duly published, a copy of which notice with proof of publication being hereto attached. Section 2. The board of commissioners of roads and revenues of Lowndes County is hereby authorized to provide to the Court of Ordinary of said county sufficient clerical assistance as may be needed by the Ordinary of said county for the proper performance of his duties as such. The clerical assistance provided for herein shall be employed by Lowndes County, but the selection, duties and discharge of such clerical assistance shall be in the sole discretion of the Ordinary of Lowndes County. Section 3. Be it further enacted that the compensation of such clerical assistance for Lowndes Court of Ordinary shall be fixed by the Ordinary of said county, with the approval of said board of commissioners of roads and revenues, and shall be paid from the funds of Lowndes County monthly, by said board, on the first day of each month. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced, at the January-February, 1961, session of the General Assembly of Georgia, a bill to provide the office of the

Page 3220

Ordinary of Lowndes County, Georgia, with clerical assistance, to provide the compensation and payment thereof, and for other purposes. This January 5, 1961. T. N. Holcombe, Jr., Ordinary. Georgia, Lowndes County. I, E. M. Turner, do hereby certify and on oath depose and say that I am secretary-treasurer and business manager of the Valdosta Press, Inc., which publishes The Valdosta Daily Times, the newspaper in which sheriff's advertisements for Lowndes County are published; that the attached and foregoing is a true and correct copy of a notice which was published in said newspaper once a week for three weeks on the 6th, 13th, and 20th days of January, 1961; and that said notice has been published as prescribed by law. /e/ E. M. Turner Sworn to and subscribed before me, this 21 day of January, 1961. /s/ Hazel Pollard Notary Public, Lowndes County, Ga. My Commission expires March 14, 1963. (Seal). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred H. Walker, who, on oath, deposes and says that he is Representative from Lowndes County, and that Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times, which is the official organ of said county, on the following dates: January 6, 13 and 20, 1961. A copy of the Notice of Intention to Introduce

Page 3221

Local Legislation is attached to the affidavit of E. M. Turner, which is hereto attached. /s/ Fred H. Walker Representative, Lowndes County. Sworn to and subscribed before me, this 23rd day of January, 1961. /s/ Frank E. Blankenship Notary Public, Georgia, State at Large. My Commission expires July 14, 1962. Approved April 5, 1961. CITY OF ATHENSAUTHORITY TO CLOSE NAMED STREET. No. 448 (House Bill No. 430). An Act to amend an Act entitled An Act to amend the charter of the Town of Athens, and the various Acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127), as heretofore amended, so as to authorize the mayor and council of the City of Athens to close that portion of Cloverhurst Avenue between Baxter Street and Finley Street in the City of Athens and so as to authorize the mayor and council of the City of Athens to convey all of the public interest in the portion thereof closed to the abutting property owners on each side thereof and so as to authorize the mayor and council of the City of Athens to reserve the right to continue to utilize and maintain the existing water and sewer mains in the portion of Cloverhurst Avenue so closed and conveyed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and by authority of the same it is hereby enacted as follows:: Section 1. An Act entitled An Act to amend the

Page 3222

charter of the Town of Athens, and the various Acts amendatory thereof, approved August 24, 1872, (Ga. L. 1872, p. 127), as heretofore amended, is hereby further amended so as to authorize the mayor and council of the City of Athens to close that portion of Cloverhurst Avenue in the City of Athens between Baxter Street and Finley Street; and so as to authorize the mayor and council of the City of Athens to convey all of the right of passage of the public in the portion of Cloverhurst Avenue which may be closed by the mayor and council of the City of Athens to the property owners abutting on said portion of Cloverhurst Avenue on either side thereof, provided, however that the mayor and council of the City of Athens shall have the right to reserve such easements for the purpose of maintaining and repairing existing water and sewer mains in the portion of Cloverhurst Avenue so closed as the mayor and council of the City of Athens may in its discretion deem requisite. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. The public is hereby notified that the undersigned will make application to the General Assembly of Georgia at the 1961 session thereof for the passage of an amendment to the charter of the mayor and council of the City of Athens authorizing the mayor and council of the City of Athens to close that portion of Cloverhurst Avenue between Baxter Street and Finley Street and to convey all of the public interest in the portion thereof closed to the abutting property owners on each side thereof, provided that the mayor and council of the City of Athens shall have the right to reserve the right to continue to utilize and maintain the existing water and sewer mains in the portion of Cloverhurst Avenue closed. This December 30, 1960. Mayor and Council of The City of Athens. By: R. M. Snow, Mayor.

Page 3223

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 advertisemnts 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 6, 13 and 20, 1961. /s/ E. B. Braswell Certified, sworn to and subscribed before me, this 28th day of January, 1961. /s/ James Barron Notary Public, Clarke County, Georgia. (Seal). Approved April 5, 1961. MERIWETHER COUNTYOFFICE OF TREASURER ABOLISHED, REFERENDUM. No. 449 (House Bill No. 281). An Act to abolish the office of treasurer of Meriwether County; to provide for depositories for the deposit of county funds; to provide the procedure connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage and approval of this Act, and upon approval of the referendum herein provided, the office of the treasurer of Meriwether County shall cease to exist and shall be abolished. Abolished. Section 2. Thereafter, all the duties, responsibilities and liabilities imposed by law upon the treasurer of Meriwether

Page 3224

County shall become those of the clerk of the board of commissioners of Meriwether County. Duties transferred. Section 3. The clerk of the board of commissioners of Meriwether County shall be required to give bond in such sum as may be fixed by the board of commissioners of said county, and the premium therefor shall be paid from county funds. Bond. Section 4. At such time as this Act becomes effective, as provided herein, the board of commissioners of Meriwether County are hereby authorized and required to deposit county funds in the chartered banks of Meriwether County on a rotation basis as follows: For a full calendar year, in The Greenville Banking Company, Greenville, Georgia; thereafter and for a full calendar year in The Woodbury Banking Company, Woodbury, Georgia; thereafter and for a full calendar year in the Luthersville Banking Company, Luthersville, Georgia; thereafter and for a period of two consecutive calendar years in the Bank of Manchester, Manchester, Georgia; and thereafter and for a full calendar year in The Farmers' and Merchants' Bank, Manchester, Georgia. Thereafter, said deposits shall continue in the same manner, except that, and notwithstanding which ever bank might then be the bank having the largest total resources shall receive the deposit of the two consecutive calendar years above provided for. It is the intent of this Act to vest in all of the above named banks, the county deposits for one calendar year, and in that bank with the largest total resources such deposits for two consecutive calendar years. Funds. Section 5. Not less than 20 nor more than 40 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 Meriwether County to issue the call for an election for the purpose of submitting this Act to the voters of Meriwether County for approval or rejection. The Ordinary shall set the date of such election not less than 20 nor more than 30 days after his call. The Ordinary shall cause the date and purpose of the

Page 3225

election to be published at least once preceding the date thereof in the official organ of Meriwether County. The ballot shall have written or printed thereon the words: For approval of the Act abolishing the office of Treasurer of Meriwether County, and creating County Depositories. Referendum. Against approval of the Act abolishing the office of Treasurer of Meriwether County, and creating County Depositories. 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 the 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 Meriwether 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. The Ordinary is hereby authorized to combine the provisions of this referendum with any other provisions for a referendum in any other Act passed at the 1961 Session of the General Assembly. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Take notice that local legislation will be applied for at the next session of the General Assembly of Georgia to abolish the office of treasurer of Meriwether County;

Page 3226

to provide for depositions of county funds, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Render Hill and Jim NeSmith, who, on oath, deposes and says that they are Representatives from Meriwether County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindorcator, which is the official organ of said County, on the following dates: Dec. 29, 1960 and January 5, 12 and 19, 1961. /s/ Jim NeSmith /s/ Render Hill Representatives, Meriwether County. Sworn to and subscribed before me, this 25th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved April 5, 1961. COMPENSATION OF COUNTY TREASURERS IN CERTAIN COUNTIES. No. 450 (House Bill No. 486). An Act to amend an Act providing for the compensation of the county treasurer in certain counties, approved February 26, 1957 (Ga. L. 1957, p. 2212), so as to change the population and census figures and the compensation of the treasurer; to repeal conflicting laws; and for other purposes.

Page 3227

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the county treasurer in certain counties, approved February 26, 1957 (Ga. L. 1957, p. 2212), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. In every county of this State having a population of not less than 17,600 and not more than 17,700, according to the 1960 United States Census or any future such census, the county treasurer shall be compensated in the amount of $125.00 per month which shall be paid from the funds of such county. Where applicable, salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. CITY OF MACONCORPORATE LIMITS. No. 451 (House Bill No. 485). 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 17th, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes.; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing

Page 3228

or re-enacting any section or sub-sections of said Act or Acts, and particularly to amend the Acts amending said 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 to 3137), March 13, 1957 (Ga. L. 1957, pp. 2900 to 2914), March 17, 1958 (Ga. L. 1958, pp. 2404 to 2409), March 10, 1959 (Ga. L. 1959, pp. 2968 to 2976), and March 7, 1960 (Ga. L. 1960, pp. 2318 to 2328); to add at the end of said section 2, as amended by said Acts of 1956, 1957, 1958, 1959, and 1960, description of new territory to become a part of the City of Macon; to describe such territory; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. An Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17th, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes.; said described Act appearing on pages 1283 to 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or sub-section of said Act or Acts, and particularly the Acts of the General Assembly of Georgia amending section 2 of said Act of 1927, as amended, and approved March 6, 1956 (Ga. L. 1956, pp. 3125 to 3137), March 13, 1957 (Ga. L. 1957, pp. 2900 to 2914), March 17, 1958 (Ga. L. 1958, pp. 2404 to 2409), March 10, 1959 (Ga. L. 1959, pp. 2968 to 2976), and March 7, 1960 (Ga. L. 1960, pp. 2318 to

Page 3229

2328), relating to the corporate limits of the City of Macon, be further amended as hereinafter set forth. Section 2. Section 2 of said Act of 1927, as amended by the Acts approved March 6, 1956 (Ga. L. 1956, pp. 3125 to 3137), March 13, 1957 (Ga. L. 1957, pp. 2900 to 2914), March 17, 1958 (Ga. L. 1958, pp. 2404 to 2409), March 10, 1959 (Ga. L. 1959, pp. 2968 to 2976), and March 7, 1960 (Ga. L. 1960, pp. 2318 to 2328), is further amended by adding at the end of said section 2 description of new territory to become a part of the City of Macon, to be known as sub-sections (x), (y), and (z) 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: (x) All that tract or parcel of land lying and being in the 13th district of Bibb County, Georgia, and being more particularly described as follows: Beginning at an iron pipe on the northeasterly line of Forsyth Road where said line is intersected by the present corporate limits line of the City of Macon as shown on a plat of property of Hephzibah Orphanage prepared by J. O. Roberts, registered surveyor, dated July 18, 1959, and recorded in plat book 35, folio 119, clerk's office, Bibb Superior Court, and from said beginning point running thence along the present corporate limits line, courses and distances as follows: North 6 degrees 53 minutes 50 seconds east 555.11 feet to an iron pipe; thence south 87 degrees 38 minutes 40 seconds east 130.9 feet; thence northeasterly along the present corporate limits line of the City of Macon 550 feet, more or less, to a point on the northeasterly line of a 20 foot alley shown on said plat; thence north 79 degrees 19 minutes 30 seconds west along the present corporate limits line of the City of Macon 376.73 feet to an iron pipe; thence north 87 degrees 5 minutes 40 seconds west 205.38 feet along said line to an iron pipe; thence north 51 degrees 41 minutes west along said line 35.20 feet to an iron pipe; thence north 23 degrees 41 minutes 55 degrees west 221.75 feet

Page 3230

to an iron pipe; thence south 65 degrees 26 minutes 40 second west 430.92 feet to an iron pipe; thence south 29 degrees 46 minutes 40 seconds east 86.86 feet to a railroad iron; thence south 53 degrees 10 minutes 20 seconds east 173.87 feet to an iron pipe; thence south 48 degrees 43 minutes 40 seconds east 199.43 feet to an iron pipe; thence south 1 degree 27 minutes 40 seconds east 117.67 feet to an iron pipe; thence south 49 degrees 8 minutes 50 seconds west 251.88 feet to an iron pipe; thence continuing in the same direction 145.27 feet to an iron pipe on the northeasterly line of Forsyth Road; thence along said road south 54 degrees 46 minutes 40 seconds east 56.48 feet to an iron pipe; thence southeasterly 187.66 feet along the arc of a curve on said line of Forsyth Road on said plat to an iron pipe; thence south 52 degrees 54 minutes 40 seconds east along Forsyth Road 237.20 feet to an iron pipe; thence continuing the same direction along said road 363.14 feet to the iron pipe at the point of beginning. (y) All that tract or parcel of land lying and being in division L, Shirley Hills addition, Bibb County, Georgia, containing approximately 13 acres, more or less, and being more particularly described as follows: Commencing at a point on the southeasterly right of way line of Twin Pine Drive, which point is the southwesterly corner of lot 2, division L, Shirley Hills addition, and which point is 1009 feet from the edge of the paving on the southwesterly side of Upper River Road, and from said beginning point running south 74 degrees 6 minutes east 239.1 feet to an iron pipe; thence angling left and running generally in a northerly direction a distance of 524.9 feet along the rear boundary lines of lots 2, 3, 4, 5, 6 and 7, division L, Shirley Hills addition, to a point where the rear boundary lines of lot 7 and lot 11, division L, Shirley Hills addition, intersect; thence angling right and running in a southeasterly direction 449.7 feet along the rear boundary lines of lots 11, 12, 13, 14 and 15, division L, Shirley Hills addition, to an iron pin which marks the southeasterly corner of lot 15, division L, Shirley Hills addition; thence running south 46 degrees 56 minutes east a distance of 50 feet to an iron

Page 3231

pin which marks the southwesterly corner of lot 16, division L, Shirley Hills addition; thence running in a southeasterly direction across the rear boundary lines of lots 16, 17, 18 and 19, divisionL, Shirley Hills addition a distance of 344.5 feet to an iron pin; thence angling right and running south 46 degrees 58 minutes west a distance of 777.8 feet to a point marked by a 30-inch oak tree; thence angling left and running south 5 degrees 59 minutes east a distance of 120.1 feet to an iron pin; thence angling right and running north 33 degrees 19 minutes west a distance of 149 feet to an iron pin; thence running north 32 degrees 0 minutes west 110.7 feet to an iron pin; thence angling left running north 79 degrees 38 minutes west 185.6 feet to an iron pin; thence running north 79 degrees 38 minutes west a distance of 185.6 feet to an iron pin; thence angling right and running north 2 degrees 59 minutes west 155.8 feet to an iron pin; thence angling left and running north 83 degrees 0 minutes west 69.8 feet to an iron pin; thence running north 78 degrees 48 minutes west 120 feet to an iron pin on the southeasterly right of way line of Twin Pine Drive; thence running north 15 degrees 45 minutes east along the southeasterly right of way line of Twin Pine Drive a distance of 372.3 to the point of beginning. Said tract of land is designated as parcel A on a plat of said division L, Shirley Hills addition, prepared by Thomas H. Winchester, Jr. on April 14, 1960, which is recorded in plat book 35, folio 23, clerk's office, Bibb Superior Court. The above description excludes the Reserved 50 foot area shown on said plat as a part of Parcel A. Reference is hereby made to said plat which is by reference incorporated herein for a more complete description. (z) All that tract or parcel of land lying and being in Bibb County, Georgia, and being a portion of that tract of land shown on a plat recorded in plat book 29, folio 19, clerk's office, Bibb Superior Court, and being more particularly described as follows: Beginning at a point on Seventh Street (formerly Division Street) where

Page 3232

Seventh Street is intersected by the lot line dividing parcel B and parcel C as shown on the aforesaid plat; and from said point running south 59 degrees 6 minutes east a distance of 334.3 feet to an iron pin on the northwesterly side of a spur track of the Georgia, Southern and Florida Railroad; thence in a southwesterly direction along the easterly boundary line of parcel B as shown on the aforesaid plat a distance of 140.6 feet; thence north 62 degrees 36 minutes west a distance of 214.1 feet to the easterly side of Seventh Street; thence along the easterly side of Seventh Street in a northerly direction a distance of 190.3 feet to the point of beginning. This property is the same property shown as lot 2 of parcel B of the Raymond Kelly Subdivision as shown on plat recorded in plat book 34, folio 11, Bibb Superior Court, and said plat is hereby referred to and incorporated herein for a more complete description of the above described property. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County: Personally appeared before the undersigned attesting officer J. Taylor Phillips, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for three consecutive weeks to wit: December 23, 1960, December 30, 1960 and January 6, 1961, during a period of sixty days immediately preceding the introduction of said bill in the General Assembly of Georgia, and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ J. Taylor Phillips

Page 3233

Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the January, 1961, session of the General Assembly of Georgia for the passage of the following bill, to wit: An Act to amend section 2 of the charter of the City of Macon, as amended, relative to the corporate limits, 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 Georgia Constitution of 1945. This 20th day of December, 1960. /s/ Buckner F. Melton City Attorney City of Macon Sworn and subscribed before me, this 25th day of January, 1961. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1954. (Seal). State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and County, June R. Whitehead, who deposes and says she is checking clerk for The Macon News and is duly authorized by the Publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates: December 23, 1960, December 30, 1960, January 6, 1961. /s/ June R. Whitehead

Page 3234

Sworn to and subscribed before me, this 6th day of January, 1960. /s/ Hugh P. Harper Notary Public, Bibb County, Ga. My Commission expires Feb. 12, 1962. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the January, 1961, session of the General Assembly of Georgia for the passage of the following bill to-wit: An Act to amend section 2 of the charter of the City of Macon, as amended, relative to the corporate limits, 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 Georgia Constitution of 1945. This 20th day of December, 1960. /s/ Buckner F. Melton City Attorney, City of Macon. Approved April 5, 1961. CITY OF ROMEEMPLOYMENT OF CHIEFS OF FIRE AND POLICE DEPARTMENTS. No. 452 (House Bill No. 454). An Act to amend an Act, entitled an Act to create a new charter and municipal government for the City of Rome, to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict

Page 3235

therewith, approved August 19, 1918, and the several Acts amendatory thereof and especially to amend an Act approved February 16, 1943 (Ga. L. 1943, pp. 1560-71, as amended), by adding a new section to be known as section 21 (a) (b) (c) (d), and providing that the chief of the Fire Department or the chief of the police department may be hired and become an employee of the City of Rome regardless of age; to provide that if a chief so hired is over 35 years of age at the time of his employment, said chief cannot participate in or become subject to the provisions of the Act (Ga. L. 1943, pp. 1560-71); that if a chief is hired who is not more than 35 years of age, said chief must participate in and become subject to the provisions of the Act; to provide that this amendment is applicable only to the chief of the fire department and the chief of the police department of the City of Rome; to repeal all Acts and parts of Acts in conflict therewith. Be it enacted, by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled An Act to create a new charter and municipal government for the City of Rome, to define the rights and powers of the new municipality; to define the corporate limits thereof and to repeal all former charters and laws in conflict therewith, approved August 19, 1918 and the several Acts amendatory thereof be and the same are hereby amended as follows: Section 1. Be it enacted by the authority aforesaid that the Act approved February 6, 1943 (Ga. L. 1943, pp. 1560-71) be and the same is hereby amended by adding a new section thereof to be known as section 21 (a) (b) (c) (d) of said Act, and reading as follows: Section 21. (a) Notwithstanding any other provision of this Act, the chief of the fire department or the chief of the police department of the City of Rome may be hired by the Rome City Commission and become an employee of the

Page 3236

city regardless of whether or not he is more than 35 years of age at the time of his employment. (b) Provided further, if the chief of the fire department or the chief of the police department is hired and becomes an employee of the City of Rome, and the chief so hired is more than 35 years of age at the time of his employment, the said chief may not participate in and shall not be subject to the provisions of this Act. (c) Provided further, if the chief of the fire department or the chief of the police department is not more than 35 years of age when hired and becomes an employee of the City of Rome, the chief so hired must participate in and become subject to the provisions of this Act. (d) Notwithstanding anything to the contrary herein, this section is applicable only to the chief of the fire department and the chief of the police department of the City of Rome and to no other employees of the City of Rome. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. The notice and affidavit attached hereto are specifically made a part of this bill and reference is made thereto. Notice of Local Legislation. To the Citizens of Rome, Georgia. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia at its Session in 1961, for the enactment of a local bill to amend the charter of the City of Rome so as to: 1. Exclude the chiefs of the fire and police departments of the City of Rome from being under and governed by the Civil Service regulations under the direction and supervision of the Civil Service Board.

Page 3237

2. Provide that future chiefs of the fire and police departments of the City of Rome may be appointed and hired by the City of Rome, regardless of their age at the time of said appointment and hiring. 3. Provide that if any future chief of the fire or police department is appointed and hired by the City of Rome who is more than 35 years of age, said chief so appointed and hired, if not already employed as a monthly salaried employee of the City of Rome and already eligible to participate in the retirement system of the City of Rome, cannot participate in said retirement system. 4. Provide that if a future chief of the fire or police department is appointed and hired who is not over 35 years of age, said chief must participate in the retirement system of the City of Rome. 5. Provide that the chiefs of the fire and police departments shall be appointed, discharged and governed by the Rome City Commission and said chiefs shall be directly responsible to that governing body only. The above changes constitute amendments to those sections of the charter of the City of Rome known as the Rome Retirement System and Civil Service. The amendments shall not affect any fireman or policeman or other employee of the City of Rome other than the chiefs of the fire and police departments. This 12th day of January, 1961. /s/ J. Battle Hall /s/ Sidney Lowrey /s/ Robert L. Scoggin Floyd County Representatives. Georgia, Floyd County. Personally appeared before the undersigned official authorized to administer oaths, J. Battle Hall, who, on

Page 3238

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 outline in said bill has been published in the Rome News Tribune, a newspaper in which the sheriff's advertisements for the locality affected by said bill are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly; and that the copy of said notice as published in said paper is hereto attached and made a part of said bill; and that said notice was published as provided by law. This 3rd day of February, 1961. /s/ J. Battle Hall Sworn to and subscribed before me, this 3rd day of February, 1961. /s/ Amelia Smith Notary Public, Floyd County, Ga. My Commission expires Oct. 19, 1964. Approved April 5, 1961. TOWN OF RINCONCHARTER AMENDED. No. 453 (House Bill No. 193). An Act to amend an Act creating a charter for the Town of Rincon, approved August 3, 1927, (Ga. L. 1927, p. 1497) as amended by Acts approved March 7, 1955, (Ga. L. 1955, p. 3140) and February 27, 1956, (Ga. L. 1956, p. 2591) and March 5, 1957, (Ga. L. 1957, p. 2349), so as to provide for the registration of voters eligible to vote in the Town of Rincon elections, establishing voter qualifications, establishing qualifications of candidates for mayor and alderman of said town, terms of office for mayor and aldermen of said town,

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the manner of holding town elections, method of filing vacancies in the office of mayor or alderman for an unexpired term, authorizing the adoption of building codes, and to authorize said Town of Rincon to convey any street, avenue, or lane, or any part thereof for the purpose of erecting public improvements thereon, or for use as a public park or playground, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the Town of Rincon, approved August 3, 1927, (Ga. L. 1927, p. 1497) as amended by Acts approved March 7, 1955, (Ga. L. 1955, p. 3140) February 27, 1956, (Ga. L. 1956, p. 2591) and March 5, 1957, (Ga. L. 1957, p. 2349) is hereby amended by striking sections 4, 10 and 18 of said Act, as amended, in their entirety and substituting the following in lieu thereof, respectively: Section 4. On the second Thursday in December, 1961, an election shall be held at some public place in the said Town for a mayor and three aldermen, (the three aldermen elected on the 2nd Thursday in December, 1960, shall continue to hold office until the expiration of their two year term) the candidate for mayor receiving the highest number of eligible votes shall serve a two year term, and the three candidates for aldermen receiving the highest number of eligible votes shall serve a two year term. Thereafter the mayor and three aldermen shall be elected in odd numbered years and the three aldermen shall be elected in even numbered years, terms of office shall be two (2) years. Said election shall be opened at ten (10) o'clock a.m., and close at seven (7) o'clock p.m., to be held under the superintendence of a justice of the peace and two freeholders of said Town, or by three freeholders of said Town, under the forms and regulations prescribed by law for holding elections for members of the General Assembly of Georgia. All persons qualified to vote for members of the General Assembly of Georgia, who have resided in the Town of Rincon for at least six months next preceding

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an election, and who have registered at least sixty (60) days before the date of the election shall have the right to vote in said election. A candidate for mayor or alderman of said Town shall be at least twenty-five (25) years of age, a freeholder, and a resident of the Town for at least two (2) years before qualifying. The town clerk shall serve as Town Registrar, and maintain a register of eligible voters. All persons, who have resided in the town for at least six (6) months, and are qualified to vote for members of the General Assembly of Georgia, are eligible to register, and only those eligible persons who have registered at least sixty (60) days before an election are qualified to vote in the election. The registrar shall remove from the voters register all names of deceased persons and persons who no longer reside in the Town. Elections, etc. Section 10. Be it further enacted, that said mayor and aldermen shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said Town, and securing and promoting the welfare, peace, prosperity, health, safety and good will of the Town's inhabitants, and to enact and enforce ordinances, by-laws, rules, regulations and building codes governing the use of land and buildings and the erection and construction of new buildings and the repairing of existing structures, and to prescribe the penalties for violation of the same; and the mayor or mayor pro tem. of said Town shall hold a mayor's court in said Town at any time for the trial and punishment of persons guilty of violating its ordinances, by-laws, rules, regulations, zoning ordinances and building codes, the punishment inflicted not to exceed a fine of one hundred dollars ($100.00), or labor on the streets, avenues, lanes, or public works of said Town or confinement in a jail or camp, not to exceed thirty (30) days; such fine may be collected by execution to be issued against the estate, both real or personal, of the offender. Also the mayor and aldermen shall have full power and authority to convey title or to close any street, avenue or lane, or any part thereof, for the purpose of erecting

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public improvements thereon, or for use as a public park or playground. Ordinances. Section 18. Be it further enacted, that in the event of vacancy in the office of mayor or alderman by death, resignation, refusal to qualify or otherwise, the mayor and/or aldermen in council assembled at the next regular meeting, shall elect a qualified successor to serve during the remainder of the unexpired term. Vacancies. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and they are hereby repealed. State of Georgia, County Effingham. Before me, the undersigned attesting officer, personally appeared W. O. Lee, who being duly sworn, on oath says that the Springfield Herald is a newspaper having a general circulation in said County, published weekly, therein; that it is the official organ of Effingham County; and that he is editor thereof. He further swears that the clipping attached hereto is from an advertisement which was run in said paper in issues of the following dates: Dec. 23, Dec. 30, 1960 and Jan. 6, 1961. /s/ William O. Lee Sworn to and subscribed before me, this 20th day of January, 1961. /s/ Myrtice G. Dotson Notary Public, Effingham County, Ga. (Seal). Notice of Local Legislation. Georgia, Effingham County. Notice is hereby given that application for the passage of local legislation at the regular 1961 session of the General Assembly of Georgia will be made, in order to amend the chart of the Town of Rincon, as amended, for the

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purpose of providing for the registration of voters eligible to vote in the Town of Rincon elections, and for defining who may be eligible to vote in said town elections qualifications necessary to serve as mayor or aldermen of said town their terms of office and the manner of holding said Town elections. Also amending said charter, as amended, authorizing the mayor and aldermen in council assembled to adopt a building code and zoning ordinances to provide for the enforcement thereof. Also amending said charter authorizing said Town of Rincon to convey any street or lane, or any part thereof, for the purpose of erecting public improvements thereon, or for use as a public park or playground. Edwin H. Bird, Mayor, Town of Rincon B. Frank Arnsdorff, Representative in the Gen- eral Assembly of Georgia from Effingham County I. Clinton Helmly, Jr. Attorney Town of Rincon Approved April 5, 1961. SUMTER COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 454 (House Bill No. 319). An Act to fix and adjust compensation for the members of the board of commissioners of roads and revenue of Sumter County, Georgia, for their attendance at special meetings which may be necessary to be called by the chairman or the vice-chairman for the purpose of transacting county business; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever it shall become necessary in the judgment of the chairman of the board of commissioners

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of roads and revenue of Sumter County, Georgia, or the vice-chairman acting in his place shall deem it for the best interest of Sumter County to have a special or called meeting of the board of commissioners of roads and revenue for the purpose of transacting such business, the members of the said board of commissioners of roads and revenue attending such meeting shall be compensated out of the general treasury of Sumer County, Georgia, a sum of not less than ($10.00) dollars nor more than twenty-five ($25.00) dollars for their attendance at such meeting. Section 2. Be it further enacted that before the adjournment of such special or called meeting the members of the board of commissioners of roads and revenue present do by a majority vote of those present fix and adjust the exact amount of compensation to be received at said meting. Section 3. Be it further enacted that it is not the purpose of this Act to change the actual monthly compensation of said commissioners as now fixed by statute. Intent. Section 4. Be it further enacted that all laws or parts of laws in conflict with this Act are hereby expressly repealed. Georgia, Sumter County. Personally appeared before me an officer duly authorized to administer oaths James R. Blair who being duly sworn deposes and states that he is the publisher of the Americus Times Recorder, a paper of general circulation in Sumter County, Georgia and that the notice of intention to ask for local legislation, appearing below, was published in the Americus Times Recorder, the paper in which sheriff's advertisements are published, on the dates of January 6, January 13 and January 20, 1961. /s/ James R. Blair

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Sworn to and subscribed before me, this January 21, 1961. /s/ A. Sullivan, Notary Public, Sumter County, Georgia. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to fix and adjust the compensation of the members of the board of commissioners of roads and revenue of Sumter County, Georgia, in reference to called or special meetings of said board of commissioners, pertaining to county matters and for other purposes, and to repeal all laws in conflict therewith. This the 12th day of January, 1961. Hollis Fort, Jr. County Attorney. Approved April 5, 1961. PROTECTION OF PENSION RIGHTS OF EMPLOYEES OF CERTAIN COUNTIES. No. 456 (House Bill No. 272). An Act for the protection of pension rights of county officers and employees of counties of this State having a population of more than 500,000 according to the last or any future decennial census, who may be elected by the governing authorities of the largest city located in whole or in part therein; to provide credits for retirement income; to provide for the transfer of contributions and matching funds; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia and it is hereby enacted by authority of the same: Section 1. This Act shall apply to all counties in this State having a population of more than 500,000 according to the last or any future federal decennial census and to the largest city located in whole or in part therein. Where applicable. Section 2. Whenever any officer of any such county shall be elected to an office of such city, who is at that time a member of a pension plan of the county, such officer shall be credited on the time required for a city pension with all the years of service with which he was credited by the county pension board of trustees. Such transferred officer shall also be entitled to similar credits in connection with any retirement benefits of such city. Transfer of credits. Section 3. Upon such election by any such city, it shall be the duty of the secretary of the pension board of the county to certify to the secretary of the pension board of the city the years of service standing to the credit of such officer at the time of his separation from such county and to transfer to the city board of trustees any matching fund or contributions which stood to his credit in such county pension fund. Same. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961. ACT FIXING COMPENSATION OF CORONERS, ETC. IN COUNTIES OF 200,000 OR MORE REPEALED. No. 458 (House Bill No. 314). An Act to repeal an Act approved August 13, 1921, (Ga. L. 1921, p. 189), providing for the fees of coroners, constables and jurors in counties having a population of 200,000 or more, as amended by an Act approved

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March 9, 1945, (Ga. L. 1945, p. 1181, et. seq.), in its entirety, together with all Acts amendatory thereof. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act an Act approved August 13, 1921, (Ga. L. 1921, p. 189), providing for the fees of Coroners, Constables and Jurors in counties having a population of 200,000 or more, as amended by an Act approved March 9, 1945, (Ga. L. 1945, p. 1181, et. seq.), be, and the same is hereby, repealed in its entirety, together with all Acts amendatory thereof. Acts repealed. Approved April 5, 1961. CITY OF CEDARTOWNCORPORATE LIMITS. No. 459 (House Bill No. 288). 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 extend the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Cedartown, approved March 29, 1937 (Ga. L. 1937, p. 1595), as amended, is hereby amended by adding a new section, to be known as section 1-F, to read as follows: Section 1-F. In addition to the territory now embraced within the corporate limits of the City of Cedartown, the territory described hereinafter shall likewise be included within said corporate limits, shall be referred to as territory No. 8, and shall be more particularly described as follows:

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That certain tract of land particularly described as beginning at a point where the Western boundary of territory No. 2 of the City of Cedartown is intersected by the south line of the right-of-way of West Avenue; running thence north 1 degree 15 minutes west across West Avenue to a concrete marker located on the north line of the right-of-way of West Avenue; continuing thence north 1 degree 15 minutes west along the western boundary of said territory no. 2 of the City of Cedartown a distance of 2055.4 feet to a concrete marker; running thence south 89 degrees 25 minutes west a distance of 2029 feet to an iron pin; running thence south 1 degree 50 minutes east a distance of 1451 feet to an iron pin; running thence south 89 degrees 0 minutes west a distance of 1100 feet to an iron pin; running thence south 2 degrees 0 mintues east a distance of 425 feet to an iron pin; running thence due East a distance of 555 feet to an iron pin; running thence south 0 degrees 15 minutes east a distance of 629 feet to a point on the north line of the right-of-way of the Prior Station Road; continuing thence south 0 degrees 15 minutes east across the said Prior Station Road a distance of 40 feet to the south line of the right-of-way of the said Prior Station Road; running thence north 88 degrees 30 minutes east along the south line of the right-of-way of Prior Station Road a distance of 3053 feet to the southwest corner of the intersection of Prior Station Road and Georgia State Highway No. 6; running thence north 41 degrees 03 minutes east across Prior Station Road a distance of 54.2 feet to the northwest corner of the intersection of Prior Station Road and Georgia State Highway No. 6; continuing thence north 41 degrees 03 minutes east along the west line of the right-of-way of Georgia State Highway No. 6 a distance of 483.2 feet to the southwest corner of the intersection of Georgia State Highway No. 6 and West Avenue; and running thence south 1 degree 30 minutes west along the south line of the right-of-way of West Avenue a distance of 851.5 feet to the point of beginning. The property herein described consists of a part of land lots nos. 777, 778, 779, 734, 707, 706, 705, 736, and

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807; all of land lot no. 735 and a portion of the Prior Station Public Road, all in the 2nd district and 4th section of Polk County, Georgia, and is more particularly described according to a plat and survey made by J. P. Baskin and Associates, Engineers and Surveyors, on January 4, 1961, a copy of which plat is on record in the office of the clerk of the City of Cedartown. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced in the 1961 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; and for other purposes. This notice is given in compliance with Article III, Section VII, Paragraph 15 (Code Section (Code Section 2-1915) of the Constitution of Georgia, 1945. This 15th day of December, 1960. /s/ John Harvey Moore Representative of Polk County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Harvey Moore, 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: January 5, January 12, and January 19, 1961. /s/ John Harvey Moore, Representative, Polk County.

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Sworn to and subscribed before me, this 25th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved April 5, 1961. CITY OF ELEBERTONCORPORATE LIMITS. No. 460 (House Bill No. 472). An Act to amend an Act incorporating the City of Elberton and defining its powers, duties and form of government, approved December 19, 1896 (Ga. L. 1896, p. 148) by amending section 3 thereof, defining the corporate limits thereof, so as to redefine and extend said corporate limits; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act incorporating the City of Elberton and defining its powers, duties and form of government, approved December 19, 1896 (Ga. L. 1896, p. 148) is hereby amended by adding at the end of section 3 thereof, defining the corporate limits, the following: Said corporate limits shall also include all that part of Rhodes Drive subdivision not now included within said corporate limits, to wit, all of lots 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and parts of lots 18, 31 and 32, all as shown by plat of same prepared by C. M. Rucker, C. E., dated September 1960, and recorded in plat book 4, page 79 of Elbert County records. Section 2. All laws and parts of laws in conflict herewith are hereby repealed.

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State of Georgia, County of Elbert. Personally appeared before me, an officer authorized to administer oaths, G. T. Christian, who on oath states and deposes that he is the publisher of The Elberton Star, which is the official organ of Elbert County and the City of Elberton, and that the affixed notice of intention to introduce local legislation was published in said organ on January 27, January 31, and February 7, 1961. Notice of Local Legislation. Notice is hereby given of the intention of the undersigned to introduce local legislation at the 1961 General Assembly now in session amending the City Charter of Elberton so as to redefine and extend the corporate limits thereof. This January 27, 1961. This 17th day of February 1961. /s/ G. T. Christian Sworn to and subscribed before me, this 17th day of February, 1961. /s/ Iola S. Stone Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1964. (Seal). Notice of Local Legislation. Notice is hereby given of the intention of the undersigned to introduce local legislation at the 1961 General Assembly now in session amending the city charter of Elberton so as to redefine and extend the corporate limits thereof. This January 27, 1961. J. H. Miller, Rep. Elbert Co. Approved April 5, 1961.

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CITY OF AMERICUSNEW CHARTER, REFERENDUM. No. 462 (House Bill No. 469). An Act to repeal an Act incorporating the City of Americus, approved November 11, 1889 (Ga. L. 1889, Act. No. 624, p. 961); as amended; to incorporate and to grant a new charter to the City of Americus; to prescribe the corporate limits; to provide for the corporate powers; to provide for the form of government; 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 the city; to provide for the qualifications of all electors and voters therein; to provide for the registration of the qualified voters thereof, and for the registration books of said city, and when the same shall be open; to provide for the recorder's court, the appointment of a judge thereof, and the trial and punishment therein of all offenders against the laws of said city, and the manner of appeal therefrom; to establish the qualifications of the mayor and councilmen, and to provide for the election thereof; to provide an oath of office for the mayor and councilmen and to provide for the designation of mayor pro tem; to provide for the meetings of the mayor and councilmen and to establish a quorum therefor; to provide for salaries for city officials and employees; to establish the powers of the mayor and councilmen; to provide for the enactment of all necessary ordinances, rules and regulations, and to provide penalties for the violation thereof; to provide for the effective dates of ordinances, etc.; to provide for the enforcement of ordinances, rules and regulations; to provide for appearance

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bonds; to authorize the use of a city depository; to establish a bond commission; to provide for the appointment of a city manager, the designation of an acting city manager, and the removal thereof; to provide for the powers and duties of the city manager; to provide for the fisical year; to provide for the submission of an annual budget and for the contents thereof; to provide for appropriation ordinances, for the scaled reduction of appropriations, for the use of emergency loans, for the transfer of funds, for deficiency appropriations, and for the reversion of balances; to provide for ad valorem taxation; to provide for a board of assessors of tax returns; to provide for collection of business licenses; to provide for the issuance of retail liquor licenses; to provide for execution; to provide for condemnation; to provide for the improvement of streets, etc., and assessments therefor; to provide for issuance of both general obligation and revenue bonds; to provide for a utility commission; to provide a retirement system for officers and employees of the city; to establish a parking authority; to provide for a referendum; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Name; created . The City of Americus, in the County of Sumter, is hereby incorporated as a municipal corporation under the name of City of Americus (hereinafter referred to as the city). Said city 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 Americus, 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

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years, or to 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 and 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 shall be the legal successor of the mayor and city council of Americus in Sumter County existing at the time of passage of this Act and shall receive all of the property of said former city and shall be responsible for all debts, contracts and obligations for which said former city is now obligated. All existing, valid ordinances, rules, by-laws, regulations and resolutions of the mayor and city council of Americus not inconsistent with this charter shall remain in full force and effect for the city until altered, amended or repealed. Section 2. Corporate limits . The Corporate limits of said city shall be as follows: Legal Description for Revised Corporate Limits of the City of Americus . 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 are more clearly defined as follows: 1-2 Beginning at a point on the above described one and one-quarter (1) mile radius circle, said point being situated N2545[UNK]E from the center of the circle and on the Southeasterly right-of-way line of the Central of Georgia Railway East of North Mayo Street; thence

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N410[UNK]E, along said right-of-way line a distance of 1475 feet to a point; 2-3 thence S210[UNK]E, a distance of 395 feet; 3-4 thence S1001[UNK]W, a distance of 1265 feet, to a point on the aforesaid one and one-quarter (1) mile radius circle; 4-5 thence in a Southeasterly direction along said circle, a distance of 875 feet, more or less, to a point, which is 572.8 ft., due North of the projected North right-of-way of Douglas Circle; 5-6 thence Due East, 408 feet, more or less, to the West side of Pinecrest Drive; 6-7 thence N1748[UNK]W along the West side of said Pinecrest Drive a distance of 319 feet, more or less, to the North side of Ridge Street; 7-8 thence N6413[UNK]E along the North side of said Ridge Street a distance of 220 feet, more or less, to the East line of Land Lot 144 in the 27th Land District; 8-9 thence N0255[UNK]W along said land lot line a distance of 203.8 feet to a point; 9-10 thence S8130[UNK]E, 385.2 feet to a point; 10-11 thence S3455[UNK]E, 360 feet to a point; 11-12 thence S3327[UNK]E, 140 feet to a point; 12-13 thence N7433[UNK]E, 875.8 feet to a point; 13-14 thence S6347[UNK]E, 1502.4 feet to a point; 14-15 thence S0125[UNK]E, 200.0 feet to a point; 15-16 thence S2724[UNK]E, 400.0 feet to a point; 16-17 thence S1805[UNK]E, 42.9 feet to a point on the

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Northerly side of State Route No. 49 located S5622[UNK]W at a distance of 35.0 feet from the East line of Land Lot No. 143, 27th Land District; 17-18 thence S3327[UNK]E across said State Route No. 49 for a distance of 60.0 feet to the Southerly side thereof; 18-19 thence S5622[UNK]W along the Southerly side of State Route No. 49 for a distance of 832.3 feet to a point near the Southerly side of Upper River Road; 19-20 thence N3327[UNK]W across said State Route No. 49 for a distance of 60.0 feet to a point on the Northerly side thereof, said point being the Southwest corner marking the beginning of Highland Drive; 20-21 thence N2319[UNK]W along the Westerly side of said Highland Drive for a distance of 27.0 feet to the Southeast corner of Lot 91 in Sharondale Subdivision; 21-22 thence S5622[UNK]W along the Southerly side of said Lot 91 a distance of 204.6 feet to the Southwest corner thereof; 22-23 thence N2249[UNK]W, 636.9 feet to the Northeasterly corner of Wilson property; 23-24 thence S5911[UNK]W, 467.0 feet to the Northeast corner of Adair property; 24-25 thence S7748[UNK]W, 317.0 feet to the Northwest corner of said Adair property on the East line of Sunny Dale Heights Subdivision; 25-26 thence S1408[UNK]E, a distance of 57.8 feet; 26-27 thence S1248[UNK]E, a distance of 878.41 feet to the Southeasterly corner of said Sunny Dale Heights Subdivision; 27-28thence S7104[UNK]W, 146.0 feet to the East side of Douglas Drive;

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28-29 thence S120[UNK]E, 212.84 feet to the Northwesterly right-of-way line of Georgia State Highway No. 49; 29-30 thence S6955[UNK]W along said highway right-of-way a distance of 60.6 feet; 30-31 thence N120[UNK]W along the west side of Doughlas Drive a distance of 214.04 feet; 31-32 thence S7104[UNK]W, 191 feet to a point on the aforementioned one and one-quarter (1) mile radius circle; 32-33 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; 33-34 thence N7315[UNK]E, 79.0 feet, more or less, to a point; 34-35 thence N7404[UNK]E, 94.5 feet to the Westerly right-of-way line of Lorraine Avenue; 35-36 thence N1930[UNK]E, along said right-of-way, a distance of 301.2 feet to the Southerly right-of-way line of Georgia State Highway No. 49; 36-37 thence Northeasterly along said highway right-of-way, a distance of 151.3 feet, more or less, to the Northeasterly corner of E. C. Hinson property; 37-38 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 N7545[UNK]E, 98.5 feet from the Easterly right-of-way of said Lorraine Avenue; 38-39 thence N7545[UNK]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;

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39-40 thence N8348[UNK]E a distance of 853 feet; 40-41 thence S8757[UNK]E, a distance of 679.8 feet to the Northeast corner of said Beverly Hills Subdivision on the East line of Land Lot 158, 27th Land District; 41-42 thence S015[UNK]W along the East line of Land Lot 158 in the 27th Land District for a distance of 1747.0 feet to a point; 42-43 thence N8946[UNK]W, 615.0 feet to a point; 43-44 thence S015[UNK]W, 981.5 feet, more or less, to the Northerly right-of-way of the Vienna Highway; 44-45 thence contining S015[UNK]W across said Vienna Highway and an area reserved for a proposed highway interchange, for a distance of 344 feet, more or less to the Southerly right-of-way line of the future U. S. Highway 280 to Cordele; 45-46 thence in a Northwesterly direction along a 1357.39 feet radius curve of said right-of-way, for a distance of 185 feet, more or less to a concrete right-of-way monument; 46-47 thence in a Northeasterly direction along the radial line of said curve for a distance of 25.0 feet to a concrete right-of-way monument; 47-48 thence in a Westerly direction along a 1382.39 feet radius curve of said U. S. Highway 280 right of-way line, for a distance of 575 feet, more or less, to a concrete monument located 50 feet South of and right angles to the center line of East Forsyth Street; 48-49 thence S8645[UNK]W, 323.41 feet along the Southerly right-of-way of said East Forsyth Street to a concrete monument; 49-50 thence S0207[UNK]E along the West line of C. B. King property for a distance of 1400.79 feet to a concrete

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monument which marks the Southeast corner of the proposed East Americus Elementary School; 50-51 thence N8606[UNK]W along the South property line of said proposed school a distance of 279 feet, more or less, to a point on the one and one-quarter (1) mile radius circle; 51-52 thence in a Southwesterly direction along said one and one-quarter (1) mile radius circle, a distance of 1490 feet, more or less, to the North line of the property known as G. A. Tye and Sons Subdivision; 52-53 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; 53-54 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; 54-55 thence turning a deflection angle of 10353[UNK] to the right and thence in a Westerly direction 50 feet to a point; 55-56 thence turning a deflection angle 10407[UNK] 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; 56-57 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; 57-58 thence in a Northerly direction at a right angle to said highway a distance of 15.0 feet to a concrete marker; 58-59 thence in a general Easterly direction along the Northerly right-of-way line of said Felder Street a

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distance of 1650 feet, more or less, to the center of Willett's Branch; 59-60 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.; 60-61 thence N880[UNK]E a distance of 351 feet; 61-62 thence N6330[UNK]E, a distance of 872 feet, to the West line of Land Lot 189 in the 27th Land District; 62-63 thence N3530[UNK]E, a distance of 194 feet; 63-64 thence S850[UNK]E a distance of 342 feet to the Westerly right-of-way of Swett Avenue; 64-65 thence N150[UNK]E, a distance of 462 feet to the Southerly right-of-way of Georgia State Highway No. 30; 65-66 thence continuing N150[UNK]E across said U. S. Highway 280 a distance of 100 feet to the Northerly right-of-way thereof; 66-67 thence S8745[UNK]E along said highway right-of-way a distance of 470 feet, more or less, to a point on a projected line of the East side of Brady Road; 67-68 thence in a Southerly direction along said projected line across U. S. Highway 280 for a distance of 100 feet, more or less, to the Southerly right-of-way thereof; 68-69 thence in a Southerly direction along the Easterly side of said Brady Road a distance of 1568 feet, more or less, to the North line of Land Lot 202, in the 27th Land District; 69-70 thence Due East along said land lot line, a distance of 1160 feet;

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70-71 thence S070[UNK]E, a distance of 740 feet; 71-72 thence S670[UNK]E, a distance of 100 feet; 72-72A thence S230[UNK][UNK]E crossing into Land Lot 201, a total distance of 800 feet; 72A-73 thence S070[UNK]E, across Brady Road, a total distance of 1550 feet to the South line of Land Lot 201 in the 27th Land District; 73-74 thence S8815[UNK]W a distance of 342 feet to the Southeast corner of Land Lot 202; 74-75 thence continuing S8815[UNK]W along the South line of said Land Lot 202 in the 27th Land District, crossing the Seaboard Airline Railway, a total distance of 2838 feet, more or less, to the Southeast corner of Land Lot 203 in the 27th Land District; 75-76 thence continuing S8815[UNK]W along the South line of said Land Lot 203, a total distance of 2319 feet, more or less, to the center of Willett's Branch; 76-77 thence in a Northeasterly direction along the center of Willett's Branch, cross the Seaboard Airline Railway for a total distance of 2270 feet, more or less, to the South side of Warren Avenue; 77-78 thence N720[UNK]W, 45.9 feet to a point located 30.0 feet South of and right angles to the center line and West end of a concrete bridge; 78-79 thence continuing Westerly along the right-of-way of said Warren Avenue a distance of 480.92 feet along a 330 feet radius curve; 79-80 thence N1130[UNK]E along the Westerly side of said Warren Avenue, a distance of 240 feet to a point; 80-81 thence N0554[UNK]E along the Westerly side of said Warren Avenue a distance of 30 feet, more or less, to the South boundary of Glendale Estates;

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81-82 thence Due West, 1040 feet to the Southwest corner of said Glendale Estates; 82-83 thence Due North a distance of 1408 feet to the South right-of-way of Anthony Drive; 83-84 thence in a Westerly direction along the South right-of-way of said Anthony Drive a distance of 98.0 feet; 84-85 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; 85-86 thence in a Westerly direction along the Southerly right-of-way of said Felder Street for a distance of 70 feet, more or less, to a point in the aforesaid one and one-quarter (1) mile radius circle; 86-87 thence in a Southeasterly direction along said one and one-quarter (1) mile radius circle, a distance of 2832 feet, more or less, to the Westerly right-of-way of the Seaboard Airline Railway; 87-88 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; 88-89 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; 89-90 thence Due South a distance of 400 feet; 90-91 thence Due West a distance of 480 feet to the East right-of-way of Elm Avenue; 91-92 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;

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92-93 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 of Columbia Avenue and the Westerly right-of-way of South Lee Street; 93-94 thence Northeasterly along said South Lee Street right-of-way a distance of 256 feet; 94-95 thence in a Westerly direction along the South line of F. H. Turpin, Jr. property a distance of 300 feet; 95-96 thence in a Northwesterly direction parallel with South Lee Street a distance of 86 feet; 96-97 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; 97-98 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; 98-99 thence Due West along said Mrs. J. L. Ellis property line a distance of 365 feet, more or less, to intersection with the one and one-quarter (1) mile radius circle; 99-100 thence in a general Westerly direction along said one and one-quarter (1) mile radius circle a 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; 100-101 thence Due South a distance of 314 feet, more or less to the North line of Daniel Subdivision; 101-102 thence N8819[UNK]E, a distance of 475.9 feet; 102-103 thence S0331[UNK]W, 154.5 feet to the North right-of-way of Daniel Street;

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103-104 then N8740[UNK]E, along said Daniel Street right-of-way a distance of 70.10 feet; 104-105 thence S2633[UNK]E, crossing Daniel Street, along the Westerly line of G. A. Long property for a total distance of 242.96 feet to the North line of J. T. Warren property; 105-106 thence S8859[UNK]W, a distance of 165 feet to the Northeast corner of Fred P. Bowen, property; 106-107 thence S0203[UNK]E, 452.84 feet to the Northerly right-of-way of Columbia Avenue; 107-108 thence N7535[UNK]E along the Northerly side of Columbia Avenue for a distance of 540 feet to a point; 108-108A thence in a Southeasterly direction across Columbia Avenue to the Southerly side thereof, a distance of 50 feet; 108A-109 thence S190[UNK]E, 300 feet to the North side of Cherokee Avenue; 109-110 thence N7535[UNK]E along the Northerly side of Cherokee Avenue, 160.0 feet to the West side of South Lee Street Road; 110-111 thence S190[UNK]E along the West side of said South Lee Street Road, 45 feet to a point; 111-112 thence S7535[UNK]W along the Southerly side of Cherokee Avenue, 160 feet to a point; 112-113 thence S190[UNK]E, 618 feet to a point; 113-114 thence N7535[UNK]E along the Northerly side of a dedicated, unopened street named Killarney Avenue, crossing South Lee Street Road for a total distance of 260 feet, more or less, to the Easterly right-of-way thereof;

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114-115 thence S190[UNK]E along the Easterly right-of-way of said South Lee Street Road, 730 feet, more or less, to the South line of Land Lot 204, 27th Land District; 115-115A thence Southeasterly along said Easterly right-of-way of South Lee Street Road a distance of 3390 feet, more or less, to the center of Council Mill Creek; 115A-115B thence Southeasterly along the meandering center of said Council Mill Creek, 4950 feet, more or less, to the center of Muckalee Creek; 115B-115C thence Northwesterly along the meandering center of said Muckalee Creek, 5500 feet, more or less, to the East right-of-way of the Central of Georgia Railway Company; 115C-116 thence Northerly along said Central of Georgia right-of-way, 1900 feet, more or less, to the South line of Land Lot 206 in the 27th Land District; 116-117 thence Northerly along said railroad right-of-way 1,188 feet to a point; 117-118 thence S8906[UNK]E, 586 feet to the Southwest corner of Lot X of Horne Lumber and Coal Company Subdivision; 118-119 thence Northeasterly along the West side of said Lot X, 263.5 feet to the North side of Valley Drive; 119-120 thence S840[UNK]E along the North side of said Valley Drive, 290 feet, more or less, to the Southwest corner of Lot 1, Block A of the Horne Lumber and Coal Company Subdivision; 120-121 thence in a general Northerly direction along a proposed lake contour line which marks the rear of Lots 1, 2, 3, Block A of said Horne Lumber and Coal Company Subdivision for a total distance of 515 feet, more or less, to the North boundary of said subdivision;

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121-122 thence Due East along said North boundary of the Horne Lumber and Coal Company Subdivision, 240 feet to the Northwest corner of Lot 4, Black A of said subdivision; 122-123 thence Due East along said Daniel property line a distance of 277.3 feet to the West right-of-way of Rose Avenue; 123-124 thence N0102[UNK]W along the West side of said Rose Avenue, 185 feet, more or less, to a point on the Westerly projected line of the North side of Daniel Street; 124-125 thence S8715[UNK]W along the projected North right-of-way of Daniel Street a distance of 200 feet; 125-126 thence N0102[UNK]W parallel with said Rose Avenue a distance of 135 feet; 126-127 thence in a Westerly direction a distance of 510 feet, more or less, to the Easterly right-of-way of Oak Avenue projected; 127-128 thence in a Northerly direction along said Easterly projected right-of-way of said Oak Avenue a distance of 315 feet, more or less to the South side of Pecan Drive; 128-129 thence in a Westerly direction along the South side of Pecan Drive across the South end of Oak Avenue a distance of 50 feet to the West side of said Oak Avenue; 129-130 thence in a Northerly direction along the West side of said Oak Avenue a distance of 35 feet, more or less, to intersection with the one and one-quarter (1) mile radius circle. 130-131 thence following the aforesaid one and one-quarter (1) mile radius circle in a general North-westerly, Northerly, and Northeasterly direction for a

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distance of 15,695 feet more or less, to the Southwesterly right-of-way intersection of a proposed unnamed street and Armory Drive; 131-132 thence N880[UNK]W along the South right-of-way line of the aforesaid proposed street for a distance of 440 feet; 132-133 thence N020[UNK]E parallel with said Armory Drive, a distance of 621.7 feet to the North right-of-way of Austin Drive; 133-134 thence S880[UNK]E along said Austin Drive right-of-way, a distance of 240 feet; 134-135 thence N020[UNK]E, a distance of 119 feet; 135-136 thence S880[UNK]E, a distance of 260 feet to the East right-of-way of Armory Drive; 136-137 thence S020[UNK]W along said East right-of-way line of Armory Drive for a distance of 529 feet, more less, to intersection with the one and one-quarter (1) mile radius circle; 137-138 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 Company property; 138-139 thence S8815[UNK]W, 96.0 feet to the Southwest corner of said King Development Company property; 139-140 thence N0145[UNK]W, 770 feet along the West right-of-way of Fulton Street to the North right-of-way of Georgia Avenue; 140-141 thence S8845[UNK]W, 333 feet to the West right-of-way of Armory Drive; 141-142 thence N0145[UNK]W along said West right-of-way

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of Armory Drive a distance of 1809 feet to the South line of Land Lot 117 in the 27th Land District; 142-143 thence S8815[UNK]W along the South line of Land Lot 117, a distance of 840 feet to the Southwest corner of the property of Robert Perry; 143-144 thence N0145[UNK]W along the West side of Robert Perry property, cross Patton Drive, thence continuing along the West side of Emory C. Ansley property for a total distance of 623.6 feet to the Northwest corner of said Ansley property; 144-145 thence N8733[UNK]E, 630 feet to a point; 145-146 thence N4920[UNK]E along the Northwest side of Dr. W. L. Smith property, and continuing across Lauding Lane for a total distance of 145.5 feet, more or less, to the Northeasterly side of said Lauding Lane; 146-147 thence S6320[UNK]E along the Northeasterly side of said Lauding Lane, 108 feet, more or less, to a point; 147-148 thence S0507[UNK]E along the East side of said Lauding Lane, 217.5 feet, more or less, to the North side of Patton Drive; 148-149 thence Southeasterly across said Patton Drive, 68 feet, more or less, to the Southeast corner of said Patton Drive and Armory Drive; 149-150 thence S0145[UNK]E along the East side of said Armory Drive 205 feet to the Southwest corner of Lot 11 of the Sheffield Hardware Company property; 150-151 thence N8833[UNK]E along the South line of William T. Manry property, 180 feet to a point; 151-152 thence N0145[UNK]W along the West line of Charles Burgamy property, crossing Patton Drive, for a total distance of 265 feet to the North Side thereof.

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152-153 thence N8732[UNK]E along the North side of Patton Drive, crossing U.S. Highway 19 for a total distance of 464 feet, more or less, to the Easterly side of said highway; 153-154 thence S1715[UNK]E along the Easterly side of said U. S. Highway 19, 1941 feet; 154-155 thence in a Westerly direction, 60 feet to the West side of said U. S. Highway 19 at the Northeast corner of J. W. Lott property; 155-156 thence Due West along the North line of said J. W. Lott property to the Northwest corner thereof a distance of 214 feet; 156-157 thence S130[UNK]E, 220 feet; 157-158 thence S080[UNK]E, 213 feet to the Southwest corner of said J. W. Lott property; 158-159 thence N8845[UNK]E along the South line of said J. W. Lott property, crossing U. S. Highway 19 to the Easterly side thereof for a total distance of 275 feet, more or less; 159-160 thence S0705[UNK] E along the Easterly side of said highway for a distance of 170 feet, more or less, to intersection with the one and one-quarter (1) mile radius circle; 160-161 thence in a general Easterly direction along said one and one-quarter (1) mile radius circle, a distance of 1650 feet, more or less to the South right-of-way of Rucker Street; 161-162 thence S8815[UNK]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; 162-163 thence N0145[UNK]W, crossing Rucker Street,

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following along the West right-of-way of said Roney Street, a distance of 526.0 feet; 163-164 thence N8815[UNK]E, across said Roney Street, along the North boundary of Vista Heights Subdivision, a distance of 1008.0 feet to the West right-of-way of North Jackson Street; 164-165 thence N0240[UNK]W along said North Jackson Street right-of-way, a distance of 1079 feet to a point; 165-166 thence N8720[UNK]E, crossing said North Jackson Street and thence continuing along the North line of the public housing project, 1077 feet to the Northeast corner thereof; 166-167 thence S0510[UNK]W along the Easterly line of said public housing project, 963 feet to a point; 167-168 thence S0520[UNK]W, a distance of 100 feet to intersection with the one and one-quarter (1) mile radius circle; 168-1 thence in a general Easterly direction along said one and one-quarter (1) mile radius circle, a distance of 2810 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. Section 3. Form of government . The municipal government of said city shall consist of a mayor and six councilmen. The present mayor and aldermen of the city 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, as hereinafter provided, and they shall have and exercise all the rights, powers, and duties hereby conferred on the mayor and councilmen of the city. Section 4. ElectionsGeneral . An election shall be held annually in the city on the Tuesday preceding the third Sunday in October. At the elections held on the odd-numbered

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years there shall be elected three councilmen, while on the even-numbered years there shall be elected a mayor and three councilmen. Each of said officers shall serve two years and until their successors are duly elected and qualified. The mayor and councilmen shall make such ordinances relating to elections as they, in their discretion deem necessary. Section 5. SameSpecial . In case of vacancy in the office of mayor and councilmen, by death, resignation, failure to elect, removal from office, removal from the city, or for any other reason, a special election shall be ordered by the mayor and councilmen of the city within thirty days, of such occurrence, giving at least ten days' notice by publication of the election to fill such vacancy. If such vacancy occurs within three months of the expiration of the term of office of such officer, the mayor and councilmen, in their discretion, may decline to order such election. All vacancies existing at the time of any general election shall be filled at such general election and without the aforementioned ten days' notice. Section 6. SameVoter qualifications . All persons who are eighteen (18) years of age 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 Sumter 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. Section 7. SameRegistration . (a) The clerk-treasurer, or such other person as may be designated by the mayor and councilmen of the city, shall keep open, during the hours of transacting business in said city, a list or book for the registration of those citizens qualified to vote; said list or book shall remain open for registration until two weeks before any election duly held in said city.

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(b) Every person registered shall take the following oath: I do solemnly swear that I am a citizen of the United States of America; that I have resided in Georgia one year immediately preceding this election and six months within the corporate limits of the City of Americus immediately preceding the opening of the registry list, that I am eighteen years of age, or will be by the day of the election; that I have paid all taxes due the city; that I have made all returns required by the ordinances of the city; that I am qualified to vote for members of the Legislature; so help me God. Section 8. SameManagers . All elections shall be superintended and managed by a justice of the peace, or some other judicial officer, and two freeholders, all of whom shall be citizens of the city. Each of said managers, before entering on his duties, shall take an oath before some justice of the peace, or some other officer duly qualified to administer an oath, that he will faithfully and impartially conduct said election and will enforce all laws and ordinances governing such elections to the best of his skill and power. Said managers shall cause to be kept a list of voters and a tally sheet of such election. Section 9. SameManner of holding; duties of managers . All elections in said city shall be held at the fully 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 the County of Sumter. 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 the tally sheet of said votes, together with the list of qualified voters, a list of those voting, and all ballots, properly sealed, to the clerk-treasurer. The clerk-treasurer, after the expiration of ninety days, shall destroy the contents of said ballot box without examining said ballots or allowing such an examination to

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be made, provided no notice of contest shall be filed or pending. Section 10. SameContests . If the results of any election held in the city are contested, notice of the contest shall be filed with the clerk-treasurer 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 clerk-treasurer as costs. Within ten days thereafter and after the mayor and councilmen have given two days' notice to the contesting parties as to the time of hearing said contest, the mayor and councilmen shall proceed to hear and to determine all issues made by said contest, and their decision shall be final, except as the right of certiorari or quo warranto may apply. Section 11. SameCandidates . Any person desiring to qualify as a candidate for the office of mayor or councilman of the city shall file with the clerk-treasurer a written notice of his or her intention to run for such office and shall at the same time pay to the said clerk-treasurer a qualifying and entrance fee in the amount of fifty ($50.00) dollars, if qualifying for the office of mayor, and in the amount of twenty-five ($25.00) dollars, if qualifying for the office of councilman. Said notice shall be filed and said qualifying fee shall be paid at least by 12:00 noon, Eastern Standard Time of the fifteenth day prior to said election, and if the fifteenth day should fall on a legal holiday, said statement shall be filed by noon of the following day. To determine the fifteenth day, the day alleged to be the fifteenth day shall be counted, but the day of the election shall not be counted. Section 12. SameBallots . Prior to said election day, the clerk-treasurer, 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 be in all respects a secret ballot without any identifying number or other writing on the part actually denoting the voter's choice. Any error made by an elector in marking of his ballot

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shall not void the entire ballot, but shall void only so much of said ballot as has been erroneously marked. Section 13. SamePolling places . The mayor and councilmen shall by ordinance prescribe one or more voting places or election precincts within the city. Section 14. Mayor and councilmen, qualifications . No person shall be eligible to the office of Mayor unless he has reached the age of twenty-five years, is a citizen of the United States of America and of the State of Georgia, shall have resided in the city one year immediately preceding his election, and shall have paid all taxes, licenses and other indebtedness legally due and demanded by said city. No person shall be eligible to the office of councilman unless he has reached the age of twenty-one years, and shall have the other qualifications prescribed in the case of the mayor. Section 15. Mayor, powers and duties generally . The mayor shall preside at all meetings of the mayor and councilmen and perform all duties of the office of the mayor generally. He shall be authorized to call special meetings of the mayor and councilmen upon his own motion or upon request of a councilman. He shall have a voice vote in all meetings of the mayor and councilmen and shall be recognized as the official head of the city. He shall have authority to appoint all standing committees of the mayor and councilmen and such other committees as he may deem necessary and to the best interest of the city. He may in times of emergency or danger with the consent of the mayor and councilmen take command of the police and other law enforcement officials and may govern the city by proclamation to maintain peace and good order and enforce the laws and ordinances of the City of Americus. Section 16. Mayor pro tem . At the first regular meeting of the mayor and councilmen 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, mayor pro tem., or in

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his sickness, absence or disqualification any one of the councilmen chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties. Section 17. Oath of office . Before entering upon the discharge of their duties, the mayor and councilmen shall take an oath to faithfully perform and discharge the duties devolving upon them respectively, to the best of their ability and understanding, which oath shall be as follows: I, A. B., Do solemnly swear that I will well and truly perform the duties as mayor (councilman, as the case may be) of the City of Americus, to the best of my skill and ability, without favor or affection, so help me God. Section 18. Meetings . The mayor and councilmen shall provide by ordinance for regular meetings, not fewer than one each month, and shall hold such special meetings as the business of the city may require, to be convened as provided by ordinance. Section 19. Quorum . The mayor or mayor pro tem., and three members of the council shall constitute a quorum for the transaction of any business before the governing body of said city, and the majority of the votes cast shall determine all questions and elections before the council. Neither the mayor nor any councilman shall vote upon questions where he is disqualified by reason of interest, relationship, or otherwise. Section 20. Salaries . The mayor, councilmen, clerk-treasurer, and other elected or appointed officials and employees shall have an adequate salary to be fixed by annual ordinance. Section 21. Powers, generally . The mayor and councilmen shall have power and authority to appoint a city manager, acting city manager, a city marshal, a clerk-treasurer, a city attorney, a city recorder, and other officers, as they may deem necessary to properly carry out the affairs of the city, and may require bonds therefrom, and shall make and pass all ordinances, by-laws, rules

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and regulations which they may deem necessary for the good order, peace, health and government of the city, and for the enforcement of the powers herein provided and granted; they shall have exclusive jurisdiction over the streets, alleys, sidewalks, drives, parks, and other public property of said city, the authority to regulate the use thereof, and keep the same in good order. They may construct and maintain at such time as they may determine, waterworks, drainage and sewer systems, lights, gas system and other modern improvements, including airports, parking facilities and public buildings, issuing bonds when necessary to pay the same; they shall establish and regulate police, fire and sanitary protection for said city; they shall, when in their judgment it is necessary, grant municipal franchises, raise revenue by taxation, grant licenses to defray the expenses of the government, regulate the sale and barter of merchandise and the exhibition of shows within the limits of the city and to impose on same all proper taxation and licensing regulations; and they shall do all things whatsoever, not repugnant to the Constitution of the United States or of the State of Georgia, which may be incident to municipal corporations generally. Section 22. Specific powers . In addition to the power and authority vested in the city, 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 councilmen 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: (1) 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; (2) 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

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of contagious, infectious, or dangerous diseases in said city, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases, mental and physical, and personal injuries, and to contribute money to the same; (3) To own and regulate cemeteries, including the right to move, remove, locate or relocate graves therein, also parks, either within or without the said city, to own or contribute to the support and maintenance of swimming pool, golf links, parks and playgrounds, or similar recreational facilities, either within or without the corporate limits of said city; (4) 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 the 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; (5) 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 electrical wiring in structures in said city; (6) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; at the expense of the person obstructing same. (7) 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; (8) To establish, equip, and maintain a fire department;

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(9) 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; (10) To provide, equip, and maintain a prison and public work camp, and to regulate the same; and to provide for the working of prisoners on the streets of said city, or any public works of said city, both within and without the corporate limits; (11) 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; (12) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (13) To lay out and open new streets, sidewalks, and alleys and close abandoned streets, sidewalks and alleys in said city; and to change the grades, location and widths thereof; (14) To provide a uniform scale of costs to the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury; (15) To require connection with sewerage by property owners whose property abut on streets having sewer mains therein; (16) To establish, equip, and maintain a police department and to establish police rules and regulations;

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(17) To pass zoning and planning laws whereby the city may be zoned or districted for various uses and other or different uses prohibited therein and may regulate the use for which said zones or districts may be set apart and may regulate the plans for development and improvement on real estate therein; (18) To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia and to expend general funds for such; (19) To establish for the benefit of city officials and employees an equitable civil service system and retirement plan, which may be that of old age and survivor's insurance, or a combination thereof, and to levy taxes for the city's contribution to same. Section 23. Intent . The enumeration of powers contained in this Act shall not be considered as restrictive; but the city and its authorities 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 Act 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 laws of this State. Section 24. Ordinance enactment . Every proposed ordinance or resolution shall be introduced in written or printed form and shall not contain more than one subject, which subject shall be clearly stated in the title; but general appropriation ordinances may contain various subjects and accounts for which moneys are to be appropriated. The enacting clause of all ordinances shall be Be it ordained by the Mayor and Councilmen of the City of Americus. No ordinance, unless it shall be an emergency measure, shall be passed until it shall have been read at two regular meetings, not less than one week apart, or unless the requirement of such reading has been dispensed

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with by a unanimous vote of the mayor and councilmen. An emergency ordinance is one necessary for preservation of peace, health, welfare, prosperity or safety. Section 25. Effective date of ordinances and resolutions . Each ordinance or resolution shall take effect when passed and certified as to passage, unless otherwise provided in said ordinance or resolution. Section 26. Enforcement of ordinances, punitive powers . The mayor and councilmen shall have the power to enforce the ordinances, rules and regulations of the city by fine not exceeding five hundred ($500.00) dollars, and upon default thereof by labor upon the streets or other public works for a period not to exceed sixty days or by imprisonment in the city jail for a period not to exceed sixty days. The collection of any and all fines may be enforced by execution and levy and sale of property as provided for the collection of taxes. Section 27. Clerk-TreasurerResponsibility, discharge . The clerk-treasurer shall be responsible directly to the mayor and councilmen, who are given absolute authority to discharge at any time the clerk-treasurer appointed by them, by a majority vote of the council, with or without cause. Section 28. SameDuties . The clerk-treasurer shall be the custodian of the funds of the City; shall be the keeper of the records thereof; shall be clerk of the recorder's court; shall discharge all duties that may be required of him by this Act or by the laws, ordinances, rules, regulations and resolutions of the mayor and councilmen. All processes shall issue in the name of the clerk. Section 29. City Attorney, duties . The city attorney shall meet with the mayor and councilmen at all regular meetings and at such called meetings as he may be requested. He shall render legal opinions to the mayor and councilmen or any individual member thereof, the clerk-treasurer, the city marshal, the city recorder, the city

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manager, and chief of police. He shall be attorney for all commissions and agencies of the City of Americus unless otherwise provided by proper ordinance and shall render opinions and services to those agencies. He shall render such other service and perform such other acts as may be desired by the mayor and councilmen for the best interest, welfare, and benefit of the city. Section 30. Chief of police, duties . 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 councilmen by ordinance. He shall see that all ordinances are enforced and that the personnel under him discharge their duties faithfully. The chief of police and the policemen under him shall require an offender to give bond and security conditioned upon his appearing at court and upon his failure to give said bond they may confine said offender in the city jail until a hearing can be had. The chief of police and the policemen under him may execute any warrant issued by any magistrate of this State, upon any defendant found within the city. Upon the arrest of any person for violating the criminal laws of Georgia, or when it is known that the State law is being violated, the chief of police or the policemen under him shall apply immediately to the nearest magistrate for a warrant and execute the same. When any offense has been committed in the presence of said chief of police or any member of the police force and the offender shall flee, they may pursue said offender anywhere in the State, arrest offender, and deliver him to the proper authorities. 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 councilmen of the city. Section 31. City marshal, duties . The city marshal 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 councilmen. He shall execute such executions by levying the same upon either real or personal property, and any property so

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levied upon shall be advertised and sold as directed by ordinances passed by the mayor and council. There shall be taxed against all persons against 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 fees shall be paid over by said marshal to the city treasurer. Section 32. Recorder's courtEstablished . There is hereby established a court to be known as a recorder's court in and for the city, which court shall have jurisdiction to try offenses against the laws and ordinances, rules and regulations of the municipal government and to punish for violation of the same. Said court shall have the power to preserve order, compel the attendance of witnesses, to punish for contempt by imprisonment, not exceeding two days or by fine not exceeding ten dollars, one or both. Section 33. SameRecorder, appointment . The mayor and councilmen shall have authority to elect and to fix the salary of a recorder, who shall be a lawyer living and practicing in the city; said recorder shall preside over the recorder's court. In the event of the absence, disability or disqualification of said recorder, the said court shall be presided over by the mayor, or by the mayor pro tem. in the absence, disability or disqualification of said mayor, or by any councilmen who may be designated by the clerk-treasurer in the absence, disability or disqualification of the mayor pro tem., and, when presiding, any of the aforementioned persons shall be known as the city recorder. Section 34. SameMaximum penalties . Said court shall be authorized and empowered to punish for the violation of the ordinances, rules and regulations of the city by fine not exceeding five hundred ($500.00) dollars and, upon default thereof, by labor upon the streets or other public works for a period not to exceed sixty days or by imprisonment in the city jail for a period not to exceed sixty days, said fine shall not include costs of court, which costs shall be in addition to the fine.

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Section 35. SameAppeals or certiorari . Any person convicted in the recorder's court of the city for the violation of any ordinances, rules or regulations shall have the right of certiorari to the Superior Court of Sumter County. Section 36. Appearance bonds . The mayor and councilmen 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, rules and regulations of the city, and by ordinance shall fix the manner in which said bonds shall be forfeited, execution issued thereon, and other procedure pertaining thereto. Section 37. City depositories . The mayor and councilmen shall designate a bank or banks as city depository. All checks or warrants withdrawing city funds shall be signed by the clerk-treasurer and by the mayor or one other member of the city council, when required by ordinance. Section 38. Bond commissionEstablished . There is hereby created and established a bond commission, which shall consist of three persons, residents of the city, none of whom shall be an official or employee of the mayor and city council, and each of whom shall be an experienced and trustworthy business man or woman, the powers and duties of said commission to be as follows: (a) To receive from the clerk-treasurer as and when the same are collected, all funds derived and collected from the assessment and levy by the mayor and city concil of a tax for the payment of the principal and interest due or to become due on the bonded indebtedness of the mayor and city council; (b) To safety keep and protect all such funds so received by said commission and apply the same when due in payment of the principal and interest of the bonded indebtedness of the city, and to keep all cash on hand, until needed for the purpose stated, on deposit in some safe and secure bank or banks at the highest rate of interest

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obtainable and properly protected by bond, or else invest the same in bonds of the State of Georgia, or unmatured bonds of the mayor and city council; (c) To make frequent, and at least quarterly examinations of the books, records and accounts of the clerk-treasurer and ascertain whether or not said commission is receiving, as and when the same are collected, all sums due said commission as herein provided for; and in the event said commission should at any time find that the clerk-treasurer has failed, neglected or refused to pay over to said commission all or any sum or sums collected by him from the assessment and levy of a tax for the payment of the principal and interest of said bonded indebtedness, said commission shall immediately institute action in the proper court against the clerk-treasurer and his bondsman for the recovery of the amount said clerk-treasurer has so failed, neglected or refused to pay over to said commission. Section 39. SameMembers, how appointed . The members of said bond commission shall be named and appointed by the mayor and councilmen; all members of said commission appointed, except to fill vacancies, shall be appointed for a term of three years; and in case of a vacancy of said commission, by reason of death, resignation or for other cause, appointed shall be made for the remainder of the unexpired term. Before entering upon the duties of his office each member of said commission shall make oath in writing, to be filed with the clerk-treasurer, to truly and faithfully discharge his powers and duties as a member of said commission, and shall file with the clerk-treasurer a good and solvent bond in the sum of not less than five thousand dollars payable to the mayor and city council and conditioned to truly and faithfully perform his powers and duties as a member of said commission and to account for all funds coming into his hands as a member of said commission; the premium, if any, on such bond shall be paid by the mayor and city council. The mayor and city council shall cause the books, records and accounts of said commission to be thoroughly examined and audited at least once each year.

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Section 40. City ManagerAppointment . The mayor and councilmen of the city shall appoint a city manager whose title shall be City Manager of the City of Americus, and who shall be the administrative head of the municipal government under the direction and supervision of the mayor and councilmen, and he shall hold office at the pleasure of the city council. He shall be chosen solely on the basis of his executive and administrative qualifications, and he need not be a resident of the city or of the State at the time of his appointment. He shall receive a salary to be fixed by the mayor and councilmen. No person who has served as a member of the city council shall be eligible for appointment to the office of the city manager until one year after he has ceased to be a member of the city council. Section 41. SameDesignation of acting city manager . During the absence or disability of the city manager, the mayor and councilmen may by resolution designate some properly qualified person to temporarily execute the functions of his office. The person thus designated shall have the same powers and duties as the city manager and shall be known while so serving as Acting City Manager of the City of Americus. Section 42. SameRemoval . The city manager shall be removable by such procedure as may be prescribed by ordinance. Section 43. SamePowers and duties generally . In addition to those elsewhere in this Act provided, the following powers are hereby conferred on the city manager and the following duties are required of him: (1) He shall have authority to appoint and remove all officers and to hire and fire all employees of the city with exception of those specifically set forth and provided in section 21 above and such employees and officers of the utility commission; (2) He shall be responsible to the mayor and councilmen

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for the proper administration of the affairs committed to his charge; (3) He shall devote all of his working time to his duties as city manager; (4) He shall have the right to request the counsel, advice or opinion of the city attorney concerning any matter affecting the interest of the city; and it shall be his duty to respond to such request to the best of his ability; (5) He shall have the power, subject to the approval of the mayor and councilmen, to change, consolidate or abolish any of the offices, departments or functions over which he exercises supervision and control, and create in lieu thereof such other offices, departments and functions as he may deem best, which offices, departments and functions, when so created, shall be under his supervision and control as provided herein; (6) He shall be purchasing agent for the city, by whom all purchases of supplies shall be made, and he shall approve all vouchers for payment of same. In the capacity of purchasing agent he shall also conduct all sales of personal property which the council may authorize to be sold as having become unnecessary or unfit for the city's use. All purchases and sales shall conform to such regulations as the city council may from time to time prescribe; but in case of purchases, if an amount in excess of five hundred dollars ($500.00) is involved, such purchases shall be made by competitive bid; (7) All bonds required of the officers and employees shall be subject to the approval of the city manager; (8) He shall attend all meetings, stated and special, of council with the right to take part in the discussions, but not to vote; (9) He shall have the right to recommend to the mayor and councilmen for adoption such measures as he may deem necessary or expedient;

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(10) He shall see that all terms and conditions in favor of the city or its inhabitants in contracts with public utilities and others are faithfully kept and performed; (11) He shall prepare the budget of the city annually, and submit it to the mayor and councilmen, and be responsible for its administration after its adoption; (12) He shall prepare and submit to the mayor and councilmen, within thirty days after the end of each fiscal year, a complete annual report on the finance and administrative activities of the city for the preceding year; and make such other financial reports from time to time as may be required by the mayor and councilmen or by the charter of the city; (13) He shall have the power to investigate the affairs, records, accounts and expenditures of the various commissions created either by ordinances of the mayor and councilmen or by Acts of the Legislature of Georgia relating to the affairs of the City of Americus, and to report thereon at least once a year to the mayor and councilmen; (14) He shall keep the mayor and councilmen advised of the financial condition of the city and make such recommendations as may seem to him desirable; (15) He shall perform such other duties as may be required of him by the mayor and councilmen. Section 44. Fiscal year . The fiscal year of and for the city shall be from the first day of January to the thirty-first day of December of each year, that is to say it shall be the same as the calendar year. Section 45. Budget, required; contents . On or before the first regular meeting of the mayor and councilmen in January of each year, a budget shall be submitted by the city manager to the mayor and councilmen for the ensuing fiscal year. Said budget shall contain a detailed and

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summarized statement of the following matters, as nearly as it is ascertainable: (1) Total assessed property valuation of the city. (2) Public debt of city, floating and bonded and the annual interest charges thereon. (3) Total receipts and expenditures of the city for the four last previous years. (4) Detailed and summarized statement and estimate of all anticipated revenues of the city for the ensuing fiscal year, classified as to its sources. (5) Total expenditures of the city during the previous fiscal year, classified for each department, agency, and institution. (6) A complete plan of proposed expenditures for the ensuing fiscal year, so classified as to exhibit clearly the items of expenditures proposed and showing the distinction between such as are for permanent improvements, salaries, maintenance and new municipal undertakings for each separate department, institution, board, commission or other municipal agency. (7) Statement of assets, liabilities, revenues and surplus or deficit of the city, in sufficient detail and in such form as to show the then financial condition of the city, together with a comparison of such financial condition with that existing during the four previous fiscal years. (8) A statement or balance showing aggregate or proposed expenditures and estimated revenues for the ensuing fiscal year, and such other statements and information as may be necessary for an intelligent consideration and determination of and concerning the proposals and estimates as made in said budget. Section 46. AppropriationsOrdinances . All expenditures and appropriations of money by the mayor and

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councilmen shall be by ordinance, and the same shall not be valid until approved by the mayor; provided, however, should the mayor disapprove of any such ordinances, or scale or reduce any appropriation or appropriations carried therein, the councilmen may override such disapproval or change by a two-thirds vote of the membership thereof, unless by overriding such disapproval or change such appropriation or appropriations would cause the aggregate appropriations for any fiscal year to exceed the anticipated and estimated revenue in such year, in which event the power of the councilmen to override such disapproval or change by the mayor shall extend only to the aggregate of the anticipated and estimated revenue for any fiscal year as set forth in the budget. In the event any such ordinance or any appropriation or appropriations carried therein is disapproved, scaled or reduced, as aforesaid, by the mayor, the same shall be returned to the mayor and councilmen by the mayor not later than the next regular meeting of the mayor and councilmen, and upon his failure so to do, such ordinance shall stand as if approved; except that no ordinance shall be of any force or effect whatsoever which causes the aggregate appropriations for any fiscal year to exceed the anticipated and estimated revenue as contained in the budget. Section 47. SameScaled reduction; emergency loan . In case the mayor and councilmen appropriate funds for any fiscal year, for any purpose whatsoever, in excess of the estimated revenue for said year, the mayor is authorized, empowered and is hereby directed to scale or reduce any or all appropriations made for such year, whether contained in the budget appropriation ordinance or supplementary appropriation ordinance, keeping in view the relative importance and need of each appropriation so made, to the end and extent that the aggregate appropriation for any one fiscal year shall conform to and not exceed the estimated revenue for said year. In case of emergency, that is to say in case of some extraordinary and unexpected need or demand not anticipated at the time of the preparation of the budget, the mayor and councilmen are authorized and empowered to obtain, by loan or otherwise, and appropriate and expend the sum

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of ten thousand dollars ($10,000.00) or so much thereof as may be necessary in excess of said estimated revenue, but in no event shall such excess or emergency appropriation exceed the sum of ten thousand dollars ($10,000.00); in the event such excess or emergency appropriation is required and made, the budget for the next succeeding fiscal year shall contain and provide for the payment of the same out of the revenue for such succeeding year. It shall be unlawful for the clerk-treasurer to pay out funds otherwise than in accordance with this Act, and he shall be personally liable for the violation thereof to the extent and amounts of any such unauthorized payment, at the instance of any taxpayer of the city. Section 48. SameTransfer of items; deficiency appropriations . In order to achieve some degree of flexibility in appropriations, any department, institution or other agency receiving an appropriation under the terms of this Act may apply to the city manager for leave to transfer a part of any item appropriated to such department, institution or agency to any other item in such appropriation; if the city manager shall consent thereto, he shall notify the clerk-treasurer thereof in writing, where upon the clerk-treasurer shall place the amounts so transferred to the credit of the item designated. However, no sum appropriated for any permanent improvement shall be used for maintenance or for any temporary purpose. In the preparation of said budget the city manager shall incorporate therein and shall set aside from out of said estimated revenues the sum of fifteen thousand dollars ($15,000.00) to be designated as deficiency appropriation, which said sum shall be appropriated, if occasion demands, by the mayor and councilmen to cover deficiencies in the appropriation to any department, institution or agency as carried in said budget appropriation ordinance and also to pay any claims or requests approved by the mayor and councilmen which are not provided for in the budget. Section 49. SameReversion of balances . At the close of each fiscal year the unencumbered balance of each appropriation shall revert to the respective fund

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from which it was appropriated and shall be subject to future appropriation. Any accruing revenue of the city not appropriated and any balance remaining after the purpose of the appropriation shall have been satisfied or abandoned may, from time to time, be appropriated by the mayor and councilmen, to such use as will not conflict with any uses for which specifically such revenues accrued. Section 50. Ad valorem taxation . The mayor and councilmen are authorized and empowered to prescribe by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property within the corporate limits of the city not exceeding 15 mills on each dollar of property taxable in said city for the purpose of raising revenue for the support and maintenance of the city government, and are further authorized to increase the millage provided any proposed increase shall be submitted to the qualified voters of said city and a referendum called for such purpose by the mayor and councilmen which may be called by appropriate resolution, provided that no referendum shall be held for such purpose until after thirty (30) days' notice is given to the qualified voters of said city by publication once a week for four weeks in the official gazette immediately preceding the referendum. Said published notice shall contain the amount of the proposed increase, the purpose of such proposed increase, and such other and additional data and information as the mayor and councilmen deem advisable. All qualified voters shall be eligible to vote in such referendum, and if a majority of the ballots cast approve such increase, then it shall be effective immediately upon the results being officially determined and announced by the mayor and councilmen of the City of Americus. Section 51. Board of tax assessorsAuthorized . The mayor and councilmen shall have power and authority to appoint three freeholders, residents of the city, as a board of tax assessors, whose authority, duties, and compensation shall be established by the mayor and councilmen by ordinance.

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Section 52. Business licenses . The mayor and councilmen of the city shall have full power and authority to license, regulate and control all businesses, occupations, professions, callings, trades or avocations conducted or engaged in within the corporate limits of the city, which under the laws of the State, are subject to license. 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 in the same manner as ad valorem taxes due the city; and the 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 the city; and said city shall have power to punish anyone conducting or engaging in any such business, etc., without first registering and paying said license taxes. Section 53. Retail liquor license . The mayor and councilmen shall, in their discretion, have the sole and exclusive right of granting license to retail malt, vinous, spirituous liquors and distilled spirits within the city and of fixing the rates of such license, and the terms upon which they shall issue, and to regulate and control the sale of the same and may revoke, for any violation, such license in their discretion. Section 54. ExecutionAuthorized . The mayor and councilmen shall have power and authority to enforce by execution the collection of any amount due or to become due for taxes, utility rates and charges, license fees, taxes and assessments of every kind; for fines and forfeitures, for curbing, guttering and paving streets and sidewalks, lanes and alleys; for laying sewers and drains; for cleaning and repairing privies; and for any other debt or demand due the city. Such execution shall be issued by the clerk-treasurer against the person, firm or corporation by whom any such debt may be due or may become due. Said execution may be levied by the city marshal on the property of the owner against whom such execution shall issue, and the same shall be sold as provided by the Georgia Code, Chapter 92-44, relating to sales for municipal taxes.

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Section 55. Condemnation . The mayor and councilmen shall have full power and authority to condemn property within or without the corporate limits, for the purpose of public buildings, parking facilities, airports, 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 purpose for which authority is granted to a municipality by the State of Georgia; 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. Section 56. Improvement of streets, etc., assessments . The mayor and councilmen shall have full power and authority, in their discretion, to grade, re-grade, pave, repave, macadamize, open and close, and otherwise improve the drainage of the sidewalks, streets, alleys and public parks of said city, and to carry into effect the authority herein granted, the mayor and councilmen 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 streets and sidewalks. Any 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 proportion as the mayor and councilmen may provide by ordinance. Said mayor and councilmen 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.

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Section 57. Authority to provide public parking areas, etc . (a) The mayor and councilmen of the city shall have the right, by complying with the provisions of the Revenue Certificate Law of 1937, as amended, to issue revenue certificates for the purpose of acquiring sites, razing, altering, or repairing buildings and improvements thereon for the purpose of using the same as public parking areas and public parking buildings; said revenue certificates to provide that the principal and interest thereon shall be paid from the proceeds of revenues derived from operation of such public parking areas and public parking buildings. (b) The mayor and councilmen of the city shall have the right to rent or lease said public parking areas and public parking buildings or parts thereof, for such term of years as it may deem proper, to such person or corporations as it may deem proper and upon such conditions as it may approve; and the mayor and councilmen of the city shall further have the right to collect charges from the public for parking, storing or servicing motor vehicles or other vehicles in said public parking areas and public parking buildings and may make such charges as it may deem proper and may change the schedule of such charges from time to time. (c) The mayor and councilmen of the city shall have the right to borrow funds from any source for the purpose of erecting, altering and repairing improvements on the property and shall have the right to secure the payment of said loans by executing to the lender or lenders, deeds to secure debt, mortgages, notes or other instruments necessary for property in order to properly secure the repayment of said loans. Section 58. General obligation bonds . The mayor and councilmen 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

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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 improvements, 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. Section 59. Revenue bonds . The city shall have all powers granted to municipalities under the Revenue Bond Law (Ga. L. 1937, p. 761, et seq.), other applicable laws of the State of Georgia and the Constitution thereof, and any present or subsequent amendments thereto. Section 60. Utility commission . (1) There shall be a gas commission to be known as the utility commission, to consist of three upright, intelligent citizens of sound business discretion, whose duties and powers it shall be to take charge of, operate and maintain the present gas system for natural gas distribution in said city. (2) Said three members, hereinafter called commissioners, shall be appointed by the mayor and councilmen, for a term of three years. Commissioners may be appointed for more than one term to succeed themselves. Any vacancy created by death, resignation of member or otherwise shall be filled by an appointment by the mayor and councilmen, said appointment to be for only the unexpired term of the member causing the vacancy. (3) Members of said utility commission may be removed from office by the mayor and councilmen and each member thereof serves at the pleasure of said appointing authority. (4) Each commissioner shall receive the pay and allowance as may be established by the mayor and councilmen by ordinance. (5) The commissioners shall determine and elect one of their members chairman of said utility commission.

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(6) The commissioners shall, before entering upon the duties of said utility commission, take and subscribe an oath to faithfully and impartially discharge their duties during their continuance in office, and shall keep a record, in a book to be kept solely for that purpose, of the acts and doings of said commission, a full report of which shall be made quarterly to the mayor and councilmen, provided, however, that the mayor and councilmen by the adoption of a resolution to that effect, may change the time of said reports. (7) The books, vouchers and papers of said utility commission shall be subject to inspection at any time by persons authorized to do so by the mayor and councilmen. (8) A majority of the membership of the utility commission shall constitute a quorum for the transaction of business, and all contracts and engagements, acts and doings of said utility commission, within the scope of their authority, shall be obligatory upon the mayor and councilmen. (9) Said utility commission shall take complete charge of the natural gas system. Said utility commission shall hire and discharge all employees in said system, including the superintendent thereof, but all salaries shall be made to conform with the salary schedule as may be determined by the mayor and councilmen. (10) All employees employed by said commissioners shall be hired and employed pursuant to both the civil service plan of the city and the appropriate retirement program. (11) Said utility commission shall also have the authority to make all purchases of materials and supplies for said system and to make such contracts as may be necessary in the operation of said system, but all shall be subject to the final approval of the mayor and councilmen as well as subject to any conditions, limitations or restrictions that may exist by reason of an ordinance enacted by said city prior to February 3, 1955, relating to the sale

Page 3296

and payment of the gas revenue certificates sold for the purpose of financing the initial natural gas distribution for the city. (12) Said commission shall have full power and authority to build, construct, lay, maintain and operate gas main lines outside of and beyond the corporate limits of the city for the purpose of furnishing said product or service to persons living outside the corporate limits; provided, that no such gas mains shall extend beyond the territorial limits of Sumter County, Georgia, and shall not be laid or constructed unless adequate funds are in hand for the payment of the entire cost thereof, unless the number of customers justify the cost thereof and furnish sufficient revenue to provide an adequate return upon the investment involved. (13) The city shall have full power and authority to acquire, purchase, own, lease and hold all easements and rights-of-way and other property, real and personal, necessary or required in the laying or construction of such mains and lines, including buildings and structures, if necessary, and shall have the right of condemnation, where necessary. (14) Said utility commission shall have full power and authority to fix and to prescribe the rates to be charged for such services outside of said city's corporate limits, and to alter, change, amend, increase or decrease said rates from time to time as they in their discretion may determine, and may charge a higher rate than is charged for similar service within the corporate limits of said city. Such rates shall at all times be sufficient to provide for maintenance, repair and depreciations for such mains and, in addition thereto, provide a reasonable return on the investment involved, and in no event shall they be less than the rates charged for similar services rendered within the corporate limits of the city. (15) In the construction, operation and maintenance of any such lines outside the corporate limits of the city, the utility commission shall have and exercise all of the rights,

Page 3297

powers and authority vested in it for the regulation, control and operation of similar facilities within the corporate limits. (16) All rates, shall be made in conformity with the contract now existing between the city and the holders of the gas revenue certificates as set forth in an appropriate ordinance enacted for such purpose prior to said sale and prior to February 3, 1955. All other provisions and requirements of aforesaid ordinance shall be complied with and to such an extent that the mayor and councilmen shall retain such control of the affairs and the business of the utility commission as may be necessary to insure that all the requirements of aforesaid ordinance are fully met and satisfied. (17) There shall be no increase in natural gas rates without first giving to the citizens of the city written notice of intention to increase rates, setting forth in said written notice the amounts of increase and such other pertinent data and information as will give to said citizens and customers the intent and purpose of the proposed increase and amount of proposed increases. The written notice shall be given by publishing once a week for four consecutive weeks in the official gazette for the city the notice of intent to increase rates, setting forth therein sufficiently clear the above data and information. All hearings on any proposed increase in natural gas rates shall be public and opened to all who desire to appear and to participate therein. Those desiring to be heard may notify said utility commission. The commission has the right and authority, if it so decides, to have the entire proceedings recorded by a reporter in the same manner in which judicial proceedings are reported in the Superior Court for Sumter County, Georgia. The utility commission is hereby declared to be a body corporate and politic, which shall be deemed to be an instrumentality of the city, designated as the utility commission, and by that name and style may contract or be contracted with (subject to limitations provided herein), sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The seal of said utility commission

Page 3298

shall be the same now or that may be hereafter adopted and used by the city. (18) Consumers or property owners shall have the full right of appeal from any decision rendered or determined by the utility commission to the Superior Court for Sumter County, Georgia, provided that first the party desiring to appeal file with the utility commission a written notice of his intention to appeal and setting forth the ground or grounds for complaint and appeal, and provided further that the written notice of intention to appeal is filed with the utility commission not later than ten days after the decision or determination complained of. Said complaining party shall have twenty days after filing said notice in which to appeal to the Superior Court for aforesaid county, and, upon the expiration of this twenty day period, the utility commission shall have fifteen days in which to reply or to respond appropriately to said appeal. (19) It shall be the duty of the utility commission, if directed, to make itemized monthly reports, in addition to any quarterly reports herein provided, and these reports shall show all receipts and disbursements, on account of the natural gas system of said City; and in addition thereto, the mayor and councilmen may require the filing with said city such bills and receipts deemed necessary and essential by the mayor and councilmen. (20) The mayor and councilmen may also require said utility commission to perform such other acts or act as may be necessary pursuant to any provisions of the ordinance enacted by the city relative to the sale of natural gas revenue certificates and enacted prior to February 3, 1955. (21) Said utility commission members may be required to appear before the mayor and councilmen for the purpose of inquiring and examining into any matter affecting the financial status of the natural gas system. The said mayor and councilmen shall have the power and authority to order or to make an independent investigation into

Page 3299

any matter affecting the natural gas system within and without the city. (22) The utility commission shall have the power and authority to adopt rules and regulations respecting the introduction of natural gas into and upon any premises, and from time to time to regulate the use of natural gas in such manner as shall seem to them necessary and proper, provided such rules and regulations do not conflict or contravene the ordinance enacted by said city relative to the sale of natural gas revenue certificates prior to February 3, 1955. It shall also have authority and power to make any rule and regulation necessary and essential to insure the operation of said system and to preserve and maintain said system, subject to any limitations herein provided and stated. (23) The utility commission shall have power and authority to examine all surface pipes, stopcocks, and other apparatus connected with said natural gas system, and for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the same manner directed in the permits issued therefor; and, if any person refuses to permit such examination or opposes or obstructs such officers in the performance of such duties, such person so offending shall, upon conviction, be fined not exceeding fifty dollars ($50.00) or be imprisoned not exceeding fifty (50) days, either or both, or by fine with an alternative of such imprisonment. In addition, the utility commission may shut off the supply of natural gas until the required examination is made and such alterations and repairs are completed as necessary. (24) The utility commission shall have the right and power to adopt rules providing that, when natural gas meters show signs of having been tampered with for the purpose of avoiding or reducing the payment of rates, the consumer or the property owner shall be held responsible on account thereof, and that until the payment on a basis of a fair estimate of the length of time that said meter or meters have been tampered with and the amount of natural gas used during such period, the supply of natural

Page 3300

gas may be cut off the premises until such demand is paid, provided notice is given property owners or consumer of the intention to cut off natural gas. (25) Nothing herein stated shall be construed as preventing the mayor and councilmen from adopting such ordinances as they deem necessary and proper to promote, foster, preserve, maintain and protect said system. (26) Said utility commission shall have the right, power and authority to require payments in advance for natural gas furnished by them in or upon any building, place or premises; where the payment in advance is not required, for nonpayment they may shut off the natural gas from such building, place or premises and shall not be compelled again to supply said premises or places with natural gas until the arrears, with interest thereon, shall be fully paid. In addition to all other methods authorized for the enforcement of the payment of natural gas charges, execution thereon may be issued against the person, firm or corporation actually using or consuming the same, which execution shall be signed by the superintendent of natural gas and bear teste in the name of the chairman, shall be directed to the city marshal, and shall be in the form of and enforced as executions for city taxes, with the right in the defendant to contest by illegality; and such charges or rents shall constitute and be a lien upon all the property of the defendant from the time they become due. Such liens shall rank, with respect to all other liens, next to the city's lien for taxes, and notice of such liens is charged to all persons dealing with said defendant; and said lien or liens shall not be divested by any sale of defendant's property. (27) The utility commission may require bond, with good and sufficient security, in a sum to be fixed by them, of the superintendent and any or all of the employees appointed by said utility commission, said bond or bonds conditioned for the faithful performance of their duties and the prompt delivery of all money belonging to said city and coming into their hands during their continuance in office; said bond or bonds shall be payable to the city.

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(28) All proceeds received and all moneys deposited shall be held separate and distinct from all other funds or moneys of the city and shall be used only for the purposes herein set out and also for the purposes set out in the ordinance enacted prior to February 3, 1955, relative to the sale of natural gas revenue certificates. The provisions of said ordinance, with reference to the establishment of the various funds for specified purposes, shall be followed as therein required until such times said contract and ordinance are changed appropriately by law, altered or modified. (29) The mayor and councilmen shall determine the necessary procedures and records for setting up funds to be used by the utility commission in the payment of expenses, salaries, debts and such other authorized items for payment. The mayor and councilmen shall further determine the method and procedure to be followed and used in the handling of all bills for consumers and property owners using natural gas, upon request by the utility commission and provide for the utility commission such office space, facilities and accommodations as may be required by the utility commission from time to time. Section 61. Retirement systemCreated . There is hereby created a system of retirement for employees of the city and benefits to such employees due to any accident or illness, a method for providing a fund for the payment of all such benefits, which funds shall be deposited with the clerk of the mayor and councilmen who shall be the custodian thereof and who shall keep said fund separate and apart from other funds of said city, and which fund shall be used exclusively for the purpose provided in sections 61 through 80 of this Act and shall be collected, administered, and disbursed according to the provisions of this Act. Section 62. SameContributions . The mayor and councilmen shall levy each pay day upon the salaries or per diems of each and every employee of said city to benefit hereunder a tax of not more than five per cent (5%) of the salary or per diem, which tax shall be deducted

Page 3302

from the salary or per diem of each employee by said city and paid over to the retirement board hereinafter provided for. In like manner said city shall, through its mayor and councilmen appropriate from the funds of said city and pay into the retirement fund hereby created a sum of money equal to the aggregate amount of said tax on said salaries and per diems of all the employees affected hereby. Section 63. SameInvestments, authorized . Any funds on hand in excess of those required for immediate use may be invested by said board, hereinafter created, in United States Bonds, State of Georgia bonds, or in any form of securities in which it is lawful for guardians to invest their ward's money under the laws of this State. Section 64. SameBoard of trustees, created, membership; terms . The general administration and responsibility for the proper operation of the system of retirement and for making effective the provisions of Sections 61 through 80 of this Act are hereby vested in a retirement board of trustees consisting of one councilman selected by the mayor and councilmen, the mayor of the city, the clerk-treasurer, one employee to be chosen by a majority vote of the city employees affected hereby, assembled for such purpose and presided over by the clerk-treasurer (who shall certify the election of said employee as a member of said board to the mayor and councilmen) and a fifth member to be selected from among the private citizens of said city by the aforementioned four. The terms of office for the board member elected by the employees and the private citizen member chosen as above provided for, shall each be for a term of two years and until a successor has been selected and qualified; the term of the mayor, clerk and councilman on said board shall be for the same length of time that they remain in office, as such mayor, clerk and councilman. Section 65. SameBoard of trustees, vacancies . If a vacancy shall occur in the office of board member, the vacancy shall be filled for the unexpired term within thirty days, and in the same manner as the office was

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previously filled; provided, however, that the actions of the remaining members of the board shall, in the meantime, be valid and binding as to all business which they may transact as such board. Section 66. SameBoard of trustees, oath . Each member of the retirement board, before assuming office, shall take and subscribe to an oath of office and file a copy of the same with the clerk of the mayor and councilmen. The oath of office shall be as follows: So far as it devolves upon me as a member of the retirement board of trustees of the City of Americus, I will diligently and honestly administer the affairs of said board, and will not knowingly or wilfully violate or permit to be violated any of the provisions of the law applicable to the retirement system. So help me God. The oath may be taken and subscribed before any officer authorized to administer oaths under the laws of Georgia. Section 67. SameBoard of trustees, compensation . The members of the retirement board shall serve without compensation. Section 68. SameBoard of trustees, meetings . It shall be the duty of all board members to attend all sessions of board meetings, but three members shall constitute a quorum which shall have the power to compel attendance of absent members. Any action concurred in by any three members of said board present at any regularly held or specially called meeting shall be valid and binding. Section 69. SameBoard of trustees, regulations authorized . The retirement board shall establish reasonable rules and regulations for the purpose of administering sections 61 through 80 of this Act. Section 70. SameBoard of trustees, appeal . Any employee dissatisfied with the action of said retirement

Page 3304

board shall have the right to appeal to a jury in the Superior Court of Sumter County within thirty days from the date of such action by said board, but such employee shall defray all expenses of appeal from any action taken by said board. Section 71. SameWithdrawals from funds . Moneys shall be withdrawn from the retirement fund created herein only by checks drawn by a person selected by a majority of the members of the retirement board and in amounts authorized by a majority of said board members within the provisions of this Act. Section 72. SameRetirement eligibility . (a) To be eligible for retirement under this act an employee must have attained the age of sixty (60) years or must have been an employee of said city an aggregate of twenty-five (25) years. (b) Any employee who completed twenty-five (25) years of service with said city on the first day of January, 1950, but who has not become sixty (60) years of age before January 1st, 1950, shall be required to work five years after January 1st, 1950, unless the sixtieth birthday of such employee is reached during the five year period, or unless such person becomes totally and permanently disabled. (c) Any employee who on January 1st, 1950, was already sixty years of age or over can participate in the retirement plan by continuing to work an additional five years after January 1st, 1950, and by making the regular contributions to the fund, or may be retired and receive such retirement income as the contributions or appropriations by the mayor and councilmen to the fund on his or her behalf will permit; provided such employee's benefits hereunder shall be in the same amounts as such employee would have received had he been contributing to said fund for five years before his retirement. (d) Any employee of said city may be permitted to work beyond the age of sixty (60) if he or she so desires

Page 3305

upon submission of satisfactory health certificate and approval by the board. In such cases the joint contributions to the fund shall continue and the amount of monthly pension shall be increased proportionately at the age selected for retirement. Section 73. SameRetirement benefits . (a) Any employee retiring under the provisions of this Act shall receive monthly benefits for the remainder of life in the sum equal to not more than $200.00 per month based upon the average monthly salary for the five years immediately preceding the retirement or upon the monthly salary at retirement age, whichever is greater, provided that employees earning over $200.00 per month at the date of their retirement, or upon a five year average of their monthly salary, whichever is greater, as hereinabove provided, shall receive a retirement benefit of 50% of the amount of their salary up to the sum of $200.00 per month and 33[UNK]% of the amount of their salary in excess of the sum of $200.00 per month, but said monthly benefit in no event to exceed the sum of $200.00 per month, provided the employee has completed twenty-five years service. For salaries of under $200.00 per month the amount of monthly pension shall be one-half of the salary received at retirement age or of the average monthly salary for five years immediately preceding the date of retirement, whichever is greater. For illustration, if the salary or average salary received by $100.00 per month and twenty-five years of service has been completed, the amount of the monthly payment for life will be $50.00. If the employee has not at the time of retirement completed an aggregate of twenty-five (25) years of service to the city, then the retirement board shall cause to be paid to said employee a monthly sum equal to the same percentage of the retirement monthly payment set forth above for twenty-five years aggregate years of service at retirement that his years of service bears to twenty-five years. Said benefits shall be paid to said retired employee from the retirement fund herein provided for on the first day of each calendar month until the death of said employee. (b) The retirement board may, in its discretion, provide

Page 3306

for the payment of monthly benefits in case of total or permanent disability of an employee due to accident or disease. The amount of such benefits and their duration shall be fixed by the retirement board. The monthly payments, however, shall in no event, exceed the maximum amount fixed in paragraph (a) of this section at retirement age. (c) Upon the death of any employee eligible to retirement benefits under this Act, or who has been retired under this Act, such benefits shall be payable to his widow until her death or remarriage, in the case of male employees. The term widow is hereby defined to be the wife of such employee who is legally married to such employee and is married to him upon his death who at the time was eligible to retirement benefits under this Act or the wife of the employee at the date of his retirement under the provisions of this Act. Marriage after retirement or remarriage after retirement of such employee shall not make his widow, upon his death, eligible for benefits herein provided. However, an employee who has retired pursuant to the provisions of the Americus retirement system and who has married or remarried subsequent to the date of his retirement, his widow is defined to be his wife legally married to him and residing with him on February 13, 1956. Section 74. SameEmployees leaving service; return to service . From April 1, 1956, whenever any employee leaves the services of the city, for any reason other than retirement under this Act, the retirement board of trustees, or their successors in office, shall deduct from the contributions made by such employees to the retirement fund, and leave such deductions in said retirement fund, a percentage of the employee's contributions in conformity with the following scale, to wit: 50% of the employee's contributions if employee has remained in the services of the city for less than twelve (12) months; 33[UNK]% of the employee's contributions if employee has remained in the services of the city for more than twelve (12) months and less than three (3) years; 25% of the employee's contributions if employee has remained in the services of the

Page 3307

city for more than three (3) years and less than five (5) years; and 20% of the employee's contributions if employee has remained in the services of the city for more than five (5) years. After the required deduction is made, the retirement board of trustees shall deliver to such employee the remainder of his contributions made to the retirement fund. Notwithstanding any other provision to the contrary the mayor and councilmen shall, upon the restoration of any former employee to the employment of the city, restore said employee upon his application, to full service with full credit for all previous service made while formerly employed by said city, so as to prevent said employee from suffering any loss for all prior service, insofar as the pension plan is concerned, provided said employee, upon his application, pay into the pension fund a sum equal to what his contributions would have been had he not been separated from the service of the city. Said employee, if otherwise qualified, shall not become eligible for retirement and pension benefits until he serves a minimum of five years from date of restoration. All former employees restored to the employment of the city shall be eligible for such application, provided such employee was restored prior to the passage of this Act, and has complied with all requirements thereof. Former employees separated and restored more than once shall not be eligible to participate pursuant to these provisions. Section 75. SameCoverage, generally . Employees subject to the provisions of sections 61 through 80 of this Act shall be all regular employees of the city employed prior to January 1, 1961, on a salary or per diem basis, such as the city engineer, the city clerk-treasurer, city marshal, firemen, policemen, clerks, mechanics and persons of skill. Occasional employees and day laborers may or may not be included subject to the rules established regarding them by the board but the following shall not be included: the mayor, councilmen, the recorder, the city attorney, veterinarian, city physician, or non-salaried members of any board, bureau or commission. Section 76. SameService records . The retirement board named, elected and appointed shall qualify, as

Page 3308

herein provided, and shall establish the service record of all employees of said city who are to participate in the benefits of this Act; and shall designate a person to keep and maintain the records thereof together with records of all moneys received and disbursed. Said retirement board shall fix the salary of such designated person, if a salary is to be paid; the same shall be paid out of the retirement fund upon proper check in like manner as other payments from such fund. Section 77. SameAssignment, garnishment, probitited . None of said retirement funds nor any of the benefits provided for retirement under this Act shall ever be subject to the process of garnishment, nor shall the same be subject to assignment for any purpose. Section 78. SameDouble coverage . Any employee, as defined by this Act shall become eligible to participate in and receive a pension from any other retirement plan, shall not be required on that account to elect between the retirement system hereby established and such other pension or retirement plan. Section 79. SameService in the armed forces . Persons on leave from their employment with said city by reason of their being in the armed forces of their country are included in the term employee as used in this Act, and on their return to their employment with said city, promptly upon their discharge from military service, such employees shall pay into said retirement fund an amount equal to 5% of their salary at which they return to work upon an amount equivalent to the sum they would have received as salary during the period they were in said armed forces and said city shall pay an equal amount into the said retirement fund, so that such returning employees shall stand on the same footing as employees on whose salaries the 5% tax has been levied and collected and paid into said retirement fund. Such returning employees shall be allowed to catch up their contributions to said retirement fund 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

Page 3309

city to deduct such amounts from such returning employee's salary and pay the same over to said retirement board from time to time as may be provided for by rule, order or resolution of said retirement board in order to catch up on the amounts due such retirement fund by such returning employee or employees. Section 80. SameContribution to other retirement plans . In the event the city, through its governing authorities, in cooperation with other governmental subdivisions, contributes to the salary or to the funds from which salaries are paid in the maintenance or operation of any agency, authority, or department, the mayor and councilmen are authorized to make payment to the pension fund of such other governmental agency or subdivision, authority or department, in proportion to the contributions made by the city to the salaries of such employees. Section 81. Prior acts repealed . An Act granting a new Charter to the City of Americus, Georgia, approved November 11, 1889 (Ga. L. 1889, Act No. 624, p. 961), as amended, particularly by an Act approved December 27, 1890 (Ga. L. 1890-1891, Act No. 199, p. 644), an Act approved December 17, 1896 (Ga. L. 1896, Act No. 32, p. 108), an Act approved December 15, 1902 (Ga. L. 1902, Act No. 91, p. 326), an Act approved August 18, 1906 (Ga. L. 1906, Act No. 538, p. 508), an Act approved August 15, 1910 (Ga. L. 1910, Act No. 548, p. 366), an Act approved August 19, 1911 (Ga. L. 1911, Act No. 156, p. 549), an Act approved August 15, 1913 (Ga. L. 1913, Act No. 32, p. 490), an Act approved August 5, 1913 (Ga. L. 1913, Act No. 24, p. 490), an Act approved August 11, 1915 (Ga. L. 1915, Act No. 74, p. 472), an Act approved August 10, 1920 (Ga. L. 1920, Act No. 606, p. 717), an Act approved August 16, 1920 (Ga. L. 1920, Act No. 792, p. 720), an Act approved August 10, 1921 (Ga. L. 1921, Act No. 154, p. 657), an Act approved August 1, 1922 (Ga. L. 1922, Act No. 333, p. 475), an Act approved August 8, 1922 (Ga. L. 1922, Act No. 353, p. 477), an Act approved August 8, 1922 (Ga. L. 1922, Act No. 361, p. 478), an Act approved August 20, 1923 (Ga. L. 1923, Act No. 362, p. 419), an Act approved August 11, 1923 (Ga.

Page 3310

L. 1923, Act No. 203, p. 836), an Act approved August 3, 1925 (Ga. L. 1925, Act No. 122, p. 834), an Act approved July 30, 1927 (Ga. L. 1927, Act No. 73, p. 773), an Act approved August 15, 1927 (Ga. L. 1927, Act No. 232, p. 775), an Act approved March 23, 1937 (Ga. L. 1937, Act No. 281, p. 1480), an Act approved March 24, 1941 (Ga. L. 1941, Act No. 237, p. 1011), an Act approved March 9, 1945 (Ga. L. 1945, Act No. 438, p. 1140), an Act approved January 31, 1946 (Ga. L. 1946, Act No. 526, p. 312), an Act approved February 17, 1949 (Ga. L. 1949, Act No. 168, p. 766), an Act approved February 8, 1950 (Ga. L. 1950, Act No. 606, p. 2228), an Act approved February 8, 1950 (Ga. L. 1950, Act No. 607, p. 2230), an Act approved February 1, 1951 (Ga. L. 1951, Act No. 37, p. 2089), an Act approved February 5, 1951 (Ga. L. 1951, Act No. 65, p. 2254), an Act approved January 29, 1951 (Ga. L. 1951, Act No. 5, p. 2007), an Act approved January 31, 1951 (Ga. L. 1951, Act No. 28, p. 2061), an Act approved February 12, 1952 (Ga. L. 1952, Act No. 621, p. 2334), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., Act No. 338, p. 2794), an Act approved December 23, 1953 (Ga. L. 1953, Nov.-Dec. Sess., Act No. 813, p. 2972), an Act approved February 3, 1955 (Ga. L. 1955, Act No. 7, p. 2016), an Act approved March 17, 1956 (Ga. L. 1956, Act No. 468, p. 3461), an Act approved February 27, 1956 (Ga. L. 1956, Act No. 206, p. 2658), an Act approved February 13, 1956 (Ga. L. 1956, Act No. 71, p. 2292), an Act approved March 10, 1959 (Ga. L. 1959, Act No. 242, p. 2681), an Act approved March 10, 1959 (Ga. L. 1959, Act No. 241, p. 2672), and an Act approved March 7, 1960 (Ga. L. 1960, Act No. 578, p. 2328), is hereby repealed in its entirety. Section 82. Conflicting laws . All laws and parts of laws in conflict with this Act are hereby repealed. Section 83. This Act shall not become effective until the same is approved by a majority of the voters voting in a referendum called by the mayor and city council of Americus for the purpose of approving a new charter for the City of Americus. Notice of the time, place and purpose

Page 3311

of said referendum to be given by publication of such notice at least once a week for four weeks in the official gazette immediately preceding the referendum, same to be held on or before June 1, 1961. All qualified voters in the City of Americus to be eligible to vote in such referendum. Referendum. State of Georgia, County of Sumter. Personally came before the undersigned officer duly authorized by the laws of the State of Georgia to administer oaths William E. Blair, who being first duly sworn does on oath say that he is the vice president of the Times-Recorder Company and assistant publisher of the Americus Times-Recorder, the official gazette of Sumter County, Georgia, in which the sheriff's advertisements for said county are published. Deponent further says that the attached notice of intention to apply to the General Assembly of Georgia for the passage of a local bill was published in the issues of said newspaper on the following dates: December 30, 1960, January 6, 1961, and January 13, 1961, and that the attached clipping was taken from the issue of said newspaper published January 13, 1961. /s/ William E. Blair. Sworn to and subscribed before me this January 30, 1961. /s/ William E. Smith, Notary Public, State at Large. My Commission expires Nov. 16, 1961. (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 1961 of the Georgia General Assembly. This local Bill will repeal the existing charter for the City of Americus and

Page 3312

will provide for a new charter to be established for the City of Americus, which will prescribe the corporate limits, declare and constitute the rights and powers of the city, establish qualifications of officials, and provide for their election, provide for qualification of electors and voters, the trial and punishment of offenders against the laws of the city, provide for the enactment of all necessary ordinances, rules, and regulations, provide for the appointment of a city manager, the powers and duties thereof, provide for submission of an annual budget, provide for ad valorem taxation and for a board of assessors of tax returns, and the duties and the powers thereof, for the collection of business licenses, to provide for power of eminent domain, and for the issuance of general obligation bonds and revenue certificates, for a utility commission, and for all other purposes and powers which may be granted to municipal corporations under the laws of the State of Georgia. /s/ William E. Smith, City Attorney for the Mayor and City Council of Americus Approved April 5, 1961. CITY OF CLAXTONNEW CHARTER. No. 463 (House Bill No. 666). An Act to grant a new charter to the City of Claxton in the County of Evans; 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 Claxton; to preserve all existing and 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 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

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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 its 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 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 repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Incorporated, Powers, Corporate Name . The City of Claxton in the County of Evans is hereby incorporated under the name and style of the City of Claxton. Said City of Claxton 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

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enumerated. Said corporate body under the name and style of the City of Claxton 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 contains in this charter. 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 Claxton shall be the legal successor to the City of Claxton in Evans County existing at the time of the passage of this charter, 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. Section 2. Corporate Limits . The corporate limits of the City of Claxton shall be as follows: beginning at a point in the center of the main line of the Seaboard Air Line Railroad 2640 feet east of the mid-point of the Seaboard Air Line Railroad Depot, run thence due north 2640 feet, then due west 6579.5 feet, thence due south 431 feet, thence south 74 degrees 56 minutes west 2090.9 feet, then 15 degrees 04 minutes east 2590 feet to a point on the north right-of-way of said railroad, thence north 74 degrees 56 minutes east 777.5 feet along said railroad right-of-way to a point adjacent to a culvert beneath said railroad, thence south 15 degrees 04 minutes east 2690 feet, thence eastwardly parallel with said railroad to a point 2640 feet south of the point of beginning, thence due north 2640 feet to the point of beginning. Section 3. Existing Ordinances . All existing, valid ordinances, rules, by-laws, regulations and resolutions of the City of Claxton shall remain in effect until altered, amended or repealed. Section 3. Existing Ordinances .

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Section 4. Prior Debts . The City of Claxton is hereby made responsible as a corporate body for all legal debts, contracts and obligations for which the City of Claxton as incorporated under an Act approved July 28, 1911 (Ga. L. 1911, p. 942), as amended, is now obligated. Section 5. Mayor and Councilmen . The government of the City of Claxton shall be vested in a mayor and five (5) councilmen to be called the city council to be elected as hereinafter provided. (a) Mayor . 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 with the consent and approval of the council. (b) City Council . The council of the City of Claxton shall be the legislative body. It shall pass all ordinances pursuant to the authority herein set forth. Ordinances shall be proposed and read at a regular meeting of the council, and shall not be passed until the next regular meeting. 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 and officials except that of the mayor and councilmen.

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(c) Oath . The mayor and councilmen elected under this Charter shall take office on January 1 after their election and shall be installed in office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of the City of Claxton; 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. (d) Council Meetings . The council shall meet in regular session upon the first and third 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 except when the vote of the council is equally divided. 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 present as a mayor pro tem. who shall in the event of the absence, disability or disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor. (e) Ordinances . Said city is authorized to enact any and all ordinances, rules and regulations, necessary to lay out and prescribe fire districts 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 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

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any change in the construction or arrangements of buildings, chimneys, stoves, pipes or flues and to order the removal thereof when in its 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 persons, 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 and/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. All ordinances for the government of the City of Claxton shall be introduced in writing at a regular meeting of the city council and referred to the proper committee, who shall report on it at the next regular meeting when it may be re-read and put upon its passage. By unanimous consent of council an ordinance may be put upon its second reading and passed at the first meeting. All ordinances shall be signed by the mayor and recorded and posted at three conspicuous places in said city at least ten days before becoming effective. Section 6. Qualifications of Mayor and Councilmen . To be eligible to be mayor of the City of Claxton, a person shall be at least twenty-five (25) years of age, shall have resided in the City of Claxton 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 Claxton. 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 Claxton for a period of at least one (1) year and a registered, qualified voter of the State of Georgia and the City of Claxton. Should the mayor or any councilman during his or their term of office remove his residence from the corporate limits of said

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city or cease to be a bona fide resident thereof, his or their office shall thereby become vacant. Section 7. Terms and Election of Mayor and Council . (a) The mayor and councilmen serving at the time of the adoption of this charter shall continue to serve for and during the term for which they were elected. On the first Thursday in December 1961, and every two years, thereafter, an election shall be held in said city at the city hall, or such other place as the mayor and councilmen may designate, for the election of a mayor, whose term shall run for two years, or until his successor is elected and qualified; that on the first Thursday in December 1961, and every two years thereafter, an election shall be held in said city, at the city hall, or such other place as the mayor and councilmen may designate, for the electio of three councilmen; provided that the two candidates in said election receiving the largest number of votes shall be elected for terms of two years each, and the candidate in said election receiving the next largest number of votes shall be elected for a term of one year; that annually thereafter on said date that an election shall be held for the election of councilmen, at which election there shall be elected councilmen to succeed councilmen whose terms will expire at the end of the current year, and all councilmen thus elected in said elections to be held on and after the election to be held on the first Thursday in December 1961, shall be elected for a term of two years; provided further, that the mayor and councilmen shall be qualified to run in any of said elections to succeed themselves. All candidates for the office of mayor and councilmen shall qualify at the city hall on a regular business day, during regular business hours, at least fifteen (15) days prior to the date of the election in which they desire to be a candidate. The compensation of the mayor shall be fixed in the discretion of the mayor and councilmen, and shall not exceed five hundred dollars per annum. The compensation of the councilmen shall be fixed by the mayor and councilmen, and shall not exceed two hundred dollars per annum each. The compensation of the clerk, marshal,

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superintendent of waterworks, and any and all other officers and employees of said City of Claxton shall be fixed by the mayor and councilmen as in their discretion is just and proper. (b) Runoffs . Should any election held in and for said city under the provisions of this charter result in a tie vote, then in the 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 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. (c) Vacancies . In the event that the office of mayor or of councilman of the City of Claxton 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 Evans 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 shall be filled by mayor pro tem for the remainder of the term; and provided, further in event such vacancy should occur more than six (6) months to a regular election to be held on the first Thursday in December, then, in the event no special election shall be called or held, the vacancy shall be filled by mayor pro tem, who shall serve until such regular 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 in the same manner as provided

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for regular elections. 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 Evans County to issue the call for the election. Section 8. Mayor's Court . There shall be established in the City of Claxton created by this charter a mayor's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. (a) Said court shall be held on Monday of each week when 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 of police of the city 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) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the power to sentence said defendant to pay a fine not exceeding five hundred ($500.00) dollars and to imprisonment in the prison of said city or in the common jail of Evans County, not exceeding ninety (90) days, either or all or any part of all. 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 shall be paid into the city treasury. 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. (c) 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

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where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. (d) 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. (e) All cases made in said court shall be in the name of the City of Claxton; all warrants for offenses against the laws and ordinances of said city shall be signed by the mayor of said city, or some officer of said city 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, or anyone authorized by him, if one should be elected or employed, or marshal, and shall bear teste in the name of the mayor or the presiding officer of said court. (f) 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 upon 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. Where any person charged with an offense against the laws or ordinances of said

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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. (g) The mayor, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding fifty ($50.00) dollars and imprisonment in the prison of said city not to exceed twenty-five (25) days, either or both, in the discretion of said court. (h) The mayor shall have power to administer oaths and perform all other acts necessary and 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 Evans County for trial, to assess bail for his appearance, and to commit to the jail of Evans County, in default of bond. Section 9. City Officers and Employees . The mayor and council of the City of Claxton, Georgia, at the first regular meeting held in January of each year, or as soon thereafter as is practicable, shall elect the following officers of the City of Claxton, to serve for the ensuing year, a majority of the votes cast being in each case sufficient to elect: (a) A city clerk and treasurer, the offices of which may be combined if the mayor and council see fit. (b) A city marshal who may be one and the same person as the chief of police. The terms of these officers shall run for one year, with the right to discharge such officers at any time for neglect of duty, immoral conduct, conviction of crime, or for other reason which would prevent such officers from satisfactorily filling the positions to which they were elected, provided notice and hearing be given to

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such officer or officers in the event of discharge if demanded, before the mayor and council. The mayor and council shall fix the compensation to be paid to these officers, and may take from the clerk, treasurer or any other city official bonds for the discharge of their duties and accounting for the monies in their hands in such amounts as the mayor and council shall direct. In the event one and the same person shall act as clerk and treasurer only one bond shall be required of such officer. Each of said bonds shall be approved by the mayor, and all of said officers before entering upon their duties shall take and subscribe an oath to faithfully discharge the duties of the office to which each of them has been named. The salaries of such officers shall be paid out of the city treasury. Section 10. City Attorney . The mayor and council of the City of Claxton, Georgia shall be authorized to name and elect a city attorney at the same time at which the other officers of the city are elected, and to pay him such compensation as they deem proper. Whenever it shall be deemed advisable the said mayor and council shall be authorized to employ additional counsel to assist the city attorney and to pay such compensation to such assistant attorney or attorneys as may be reasonable and proper. The compensation of the city attorney or any assistant or assistants to be paid out of the city treasury, unless the duty or duties performed by such city attorney or assistants shall be related to a revenue production facility or utility of the city, when in such case the mayor and council may direct compensation to such attorney or attorneys to be paid out of a particular fund. Section 11. Qualified Voters . 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 Evans and unless he shall have bona fide and continuously resided in said

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City of Claxton as a citizen thereof, for six (6) months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Section 12. Permanent Registration System . There shall be established in the City of Claxton created by this charter a permanent registration system of the qualified voters of said city. (a) Registration . Within 30 days after approval of this charter, 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) Registration Books . The clerk of said city or any deputy clerk employed in the office of said clerk shall have 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 Evans County are published. Said clerk or deputy clerk shall keep 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) Oath . 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 at the time of the next city election) and possess all of 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 Evans, and that I have bona fide and continuously resided in the City of Claxton as a citizen thereof for

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six (6) 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 providing the ages, sex, and race of each person registering. (d) Registration Permanent . 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; provided, however, names may be excluded from the registration lists for failure to vote in two consecutive regular elections and for other reasons hereinafter set forth subject to notice and request of hearing as hereinafter set forth. (e) Appeals . Any person denied the right to register as a voter in said municipality by the clerk, shall have the right to appeal to the mayor and council, which appeal need not be in writing, at a time not later than the next regular council meeting after he has been denied the right to register, and if such mayor and council on appeal shall find that such person is entitled to register and vote in elections in such municipality, the name of such person shall be added to the list of qualified voters by the city clerk at any time prior to the election, even though the voter's book shall have been closed as to other registrants. (f) Registrars, Voters List . The said City of Claxton, Georgia shall prepare and file with the managers of any election, regular or special, which may be held in the municipality, at least two lists of the registered, qualified voters in such municipality before the polls open, which lists shall be dated and certified by the clerk of

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said municipality as being a true and correct list of the persons entitled to vote in such election. (g) Procedure Where Voter Challenged . No person offering to vote at any election held in and for the municipality, whose vote is challenged, shall be allowed to vote unless he shall take the following oath to be administered by one of the election managers: I do solemnly swear (or affirm) that I am a citizen of the State of Georgia and have attained the age of eighteen (18) years; that I have resided in the State of Georgia one (1) years and in the City of Claxton, Georgia six months next preceding this election; that I am duly qualified to vote in this election according to the laws of the State and that I have not previously voted in this election, So help me, God. (h) Illegal Voting . Any person voting illegally at any such election or elections shall be guilty of a misdemenanor, and on conviction thereof shall be so punished, as provided by the laws of the State of Georgia. Section 13. Elections . 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 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

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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) 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. 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. The City of Claxton 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 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.

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The City of Claxton shall have full power and authority to define and provide by ordinances the manner in which elections shall be held, including but not limited to providing how absentee ballots shall be cast and prohibiting loitering and soliciting of voters in and about the polling places and voting booths. Section 14. Tax Returns . 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. 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. The city shall have the right to levy a tax on all real and personal property within the corporate limits of said municipality. Section 15. Tax Assessors . The mayor of said city, with approval of the council, within a reasonable time after the approval of the charter, and annually thereafter, on or before the first regular meeting of the city council in January, may in his discretion, select not more than 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 fifteen dollars ($15.00) 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 assessors to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and, it shall be their duty to examine the tax return made to them by property owners, and to increase the evaluation 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

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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 assessor shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or doubled taxes assessed against their property five (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 to a non-resident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. (a) Appeals . Any person dissatisfied with the assessment made on any of his property under the provisions of this Charter 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. (b) Collection . The council shall also have the power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the assessors, and to make such additional regulations

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as they deem necessary to secure the payment of taxes on all property subject thereto. Section 16. Taxes Due, Execution, Contest . The taxes of said city shall fall due on December 20th 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 other means provided in Chapters 92-42 and 92-44 of the Code of Georgia, sections 92-4301, etc., and 92-4401. Section 17. Business Licenses . The City of Claxton created by this charter shall have full power and authority to license, regulate, control or prohibit all businesses, including but not limited to theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds; dray 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 or pool or other kind of tables, tenpins, shooting galleries, and bowling alleys, slot machines of any games operated by coin-in-slot devices for carrying on games; also, bakeries, dairies, barber shops, livery stables, sales stables; slaughter houses, tan-yards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also, auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes and tobacco products of all kinds; also, dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks or otherwise; and, all businesses, occupations, callings, trades or avocations which under the laws of this State are subject to license. 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,

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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. 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 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 of businesses, and all other rules and regulations necessary and proper in the premises. Section 18. Cash Basis . The City of Claxton 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. The fiscal year shall be determined by the council with the approval of the mayor. (a) Bond . The council of said City of Claxton 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; for the paving or otherwise improving streets, sidewalks or public places; and, for any other improvements, convenience or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Section 19. Condemnation . The City of Claxton shall have full power and authority to condemn private property for any public purpose, including but not limited to, establishing public streets, sidewalks, parks and playground;

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for the right-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 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. Section 20. Streets . (a) The City of Claxton, created by this charter, 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), 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 charter, is hereby made the governing body referred to and authorized to act under the terms of said charter hereby adopted and made a part hereof. (b) In the 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

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property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house collections, 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. Authority to Furnish . Said City of Claxton shall have full power and authority to furnish water, gas, and heat 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, and/or heat, and to maintain the supplying of said public utility service. Utilities. Section 22. Payment and Collection of Charges . Said City of Claxton shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, gas, heat, sewer service by the following methods: (a) By making said charges for water, gas, heat and sewer service, a charge upon the property of 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 service sall 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 and other charges 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. (b) 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. Zoning . (a) The City of Claxton may,

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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; and for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the wards used in connection with buildings or other structures, or for the purpose of regulating the alignment of building 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 determination 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 for terms of three (3) years, provided however, that said terms shall be staggered and the members of said commission shall be initially appointed for terms of three (3) years, two (2) years and one (1) year, respectively and thereafter, upon the expiration of their respective terms for terms of three (3) years and to prescribe their powers and salaries 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

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from said board of zoning appeals to the superior court of Evans County. (b) In lieu of the above power of planning and zoning the City of Claxton is authorized to adopt any Act of the General Assembly conferring planning and zoning powers, upon municipalities and counties. Section 24. Additional Powers . In addition to the powers and authority vested in said City of Claxton, created by the general laws of this State, and to those heretofore and herein granted by this charter, 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 the health and welfare of said city; to prevent the spread of and to suppress infectious, contagious or dangerous diseases in said city. (b) To create and elect a board of health in said city and to prescribe its powers and duties and to maintain said board; to provide for the quarantine in and treatment of contagious, infectious or dangerous diseases, either in or outside of said city, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents; and, to contribute money to the same. (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, 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

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shooting of fireworks and other explosives in said city; and, to regulate the erection and maintenance of steam boilers 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 franchise, easements and rights-of-way, 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. (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

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all animals, trains, engines (diesel or steam), vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said city and to regulate the operation thereof. (l) To suppress and prohibit houses where illegal, immoral or disorderly practices are had. (m) To lay out and open new streets and alleys in said city and to change the grades thereof. (n) To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the mayor's court and in the issuance and collection of tax and other executions, and for their collections and payment into the city treasury. (o) To require connection with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein. (p) The mayor and council shall have no right or power to grant license to sell by retail or otherwise any spirituous vinous, malt or other intoxicating liquor in said city. Section 25. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Evans County. February 22, 1961. I, Fred Eden, editor and publisher of The Claxton Enterprise, legal organ of Evans County, Georgia and the City of Claxton, do hereby certify that the attached notice of intention to introduce local legislation was published for three consecutive issues on January 19, January 26, and February 2 in The Claxton Enterprise. /s/ Fred Eden.

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Sworn to and subscribed before me, this 22nd day of February, 1961. /s/ Ira S. Wouble, Jr., Notary Public. My Commission Expires December 26, 1961. (Seal). Notice. Notice is hereby given of intention to introduce legislation to provide for a new charter for the City of Claxton. /s/ Frank Laws, Mayor City of Claxton. Approved April 5, 1961. CITY OF SOPERTONNEW CHARTER. No. 465 (House Bill No. 488). An Act to create a new charter for the City of Soperton, in the County of Treutlen, State of Georgia; to consolidate and declare the rights and powers of said municipal corporation; to define the corporate limits thereof; to prescribe the powers of said city; to provide for mayor and council; to prescribe the powers, duties, and qualifications and elections of mayor and council of said city; to provide for the filling of vacancies; to provide for election by council of a mayor pro tem.; to provide for the hiring and firing of employees of said city, and for their compensation; to provide for a recorder's court and prescribe its powers; to repeal the Act of the General Assembly of Georgia approved March 10, 1937, Georgia Laws 1937, pages 2099 and 2100, creating the office of recorder of the City of Soperton; to provide for the enactment of ordinances by the mayor and council; to provide for arrests and punishment of persons violating city ordinances;

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to provide for the giving of bond for such offenders; to provide for appeal from the recorder's court; to provide for levying and collecting ad valorem, license and occupation taxes; and to prescribe the methods of assessment, levy and collection of such taxes, to provide for the issuance and sale of bonds of and by said city; and elections therefor; to provide for the construction, ownership, operation, regulation and control of water, electric lighting, and lights, gas, and systems, and other necessary and convenient public utilities; and to provide for the payment of the costs thereof by the issuance and sale of bonds, revenue certificates, and other forms of securities provided by law; to provide for the establishment and maintenance of streets, sidewalks, alleys, gutters, curbs and other public ways and streets in said city, and to provide for the working, control and paving of the same; to provide for a system of sanitary sewerage; to provide for the regulation and protection of public health in said city; to provide for parks and playgrounds; to provide for the declaration of and the abatement of nuisances; to provide for the fire zones and restrictions for buildings constructed in said city; to declare and define the police powers of said city; and to provide for the welfare of said city; and to provide for all matters of municipal concern and cognizance; to provide such rights and powers for said city as may be granted by the General Assembly of the State of Georgia; to provide for the collection and disposal of garbage; to provide for condemnation of private property for public uses; to provide for a system of voters in said city; to provide for elections in said city, to provide that said City of Soperton, shall be capable in law to purchase, hold, enjoy, receive, possess and retain in fee simple and in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, hereditements of any kind whatever, within or without the corporate limits of said City of Soperton, for corporate purposes, and to sell, alien, exchange or lease the same or any part thereof; to provide that City of Soperton may sue and be sued, contract and

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be contracted with, plead and be impleaded and have, and use a common seal; to provide that said City of Soperton may sell or provide water and other public utilities or services within its corporate limits and outside of its corporate limits on such terms and conditions as may be provided or adopted by the council of said city; to provide that all ordinances and resolutions heretofore enacted by the mayor and council of said city, and in force at the time of the taking effect of this charter not inconsistent with its provisions, shall not be affected by this charter; and to grant a new charter to said city under the corporate name of the City of Soperton; to repeal the Act of the General Assembly of Georgia, approved August 17, 1920, (Ga. L. 1920, pp. 1511 to 1530.); to provide that said City of Soperton heretofore made a body politic and corporate shall continue a body politic and corporate, under and known by the corporate name of City of Soperton; to provide that the form of government of said City of Soperton shall remain the same as now provided by law and to provide that the officers now provided for the City of Soperton for municipal control shall remain the same as now provided by law; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the City of Soperton, in Treutlen County, State of Georgia, heretofore made a body politic and corporate by an Act of the General Assembly of Georgia approved August 17, 1920, Georgia Laws 1920, Pages 1511-1930, shall continue a body politics and corporate under and known by the corporate name of City of Soperton, and a new charter is hereby enacted for said City of Soperton and said city shall continue under corporate name as now established, and by that name shall have perpetual succession, and said City of Soperton is hereby vested with all the rights, powers and privileges incident to municipal corporations in the State of Georgia, or cities thereof, and all rights, powers, titles, property,

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easements and hereditements now belonging or in anywise appertaining to said City of Soperton, or the mayor and council thereof, as heretofore incorporated and established, shall be and are hereby continued vested in said City of Soperton, and said City of Soperton may sue and be sued, contract and be contracted with, plead and be impleaded, have and make 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 for the welfare and proper government of said city as said mayor and council deem best and not inconsistent with the laws of Georgia and the United States of America; and said city of Soperton shall be capable in law to purchase, hold, enjoy, receive, possess and retain in perpetuity, or for any term of years, and estate or estates, real or personal, lands, tenements, hereditements of any kind whatever within or without the corporate limits of said City of Soperton for corporate purposes; and to sell, alien, exchange or lease the same or any part thereof; and said City of Soperton shall continue and is hereby made responsible as a body corporate for the legal debts and liabilities and undertakings of whatever kind or nature of said City of Soperton; and all ordinances now in force in said City of Soperton, and not repugnant to this charter or the Laws of the State of Georgia shall be, and are hereby continued in force in said City of Soperton. Provided, however, that the form of Government of said City of Soperton shall remain the same as now provided by law and the officers now provided for the City of Soperton for municipal control shall remain the same as now provided by law. Incorporated. Section 2. Be it further enacted, that the center of said City of Soperton shall be the point or site on which the depot of the Macon, Dublin and Savannah Railroad Company was formerly situated, which point or site is now designated by a concrete marker now permanently established at said point or site on the western side of Second Street in said City of Soperton, which concrete marker is thirteen and one-half (13) inches in diameter

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and on which the words Center of Soperton are inscribed; and the starting point from which the boundaries of said City of Soperton shall be measured is said point or site, designated by said concrete marker, and the boundaries of said City of Soperton shall be as follows: Beginning at said starting point, and extending one (1) mile in every direction, so as to embrace a circle with a diameter of one (1) mile with its center said starting point. Corporate limits. Section 3. Be it further enacted, that the municipal government of said City of Soperton shall consist of a mayor and five (5) councilmen, a clerk and treasurer and a chief of police; and the council may elect or appoint such other subordinate officers or employees as may become necessary at any time for the enforcement of the provisions of this charter or any ordinance passed by said council in pursuance of the rights and powers herein conferred, or which are already in existence. All of said officers and subordinate officers and employees shall be deemed and held to be lawful officers of this State and City of Soperton. The clerk and treasurer and all subordinate officers and employees shall hold their offices at the will of council and receive such salary as may be fixed by the council. The offices of clerk and treasurer may be filled by the same or by different persons. The clerk and treasurer and all subordinate officers and employees shall give bond as may be prescribed by council for each of said offices payable to the City of Soperton. Removal beyond the corporate limits of the City of Soperton by the mayor, any councilman, clerk, treasurer or chief of police, or conviction of a crime involving moral turpitude in any court, shall vacate the office of the person so removing or convicted. Any person who has been a bona fide resident of the City of Soperton for twelve (12) months prior to election, and who is qualified to vote in the City of Soperton, and who has reached the age of legal majority as now or hereafter provided by the Laws of Georgia, shall be eligible to hold the office of mayor, or councilman, and persons not having these qualifications shall not be eligible

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to hold the office of mayor or councilman. The council of the City of Soperton shall by ordinance define and prescribe the duties of the clerk and treasurer and all subordinate officers and employees. Government. Section 4. Be it further enacted, that, the current term of office of the mayor and the City of Soperton shall be one (1) year and end December 31, 1961, as now provided. Mayor and Council, etc. The current term of office of the council shall be one (1) year and end December 31, 1961, as now provided. The term of office of the clerk and treasurer and all subordinate offices and employees shall be as may be prescribed by council by appropriate ordinance for the year 1961 and at all future times. The term of office of the mayor of City of Soperton for the year 1962 shall be one (1) year beginning January 1, 1962, and ending December 31, 1962, but thereafter the term of office of mayor of City of Soperton shall be two (2) years and each term shall begin on January 1st, immediately following the preceding term. The term of office of two members of the council for the year 1962 shall be one year beginning January 1, 1962, and ending December 31, 1962, but thereafter the term of office of councilmen elected to succeed said two councilmen shall be two (2) years, and each term shall begin on January 1st, immediately following preceding term. The term of office of the other three (3) members of the council shall be two (2) years, after the year 1961, and each term shall begin on January 1st, immediately following the preceding term. The provisions of this section relating to the terms of office of the councilmen of the City of Soperton shall

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be enforced by appropriate ordinance of the council of the City of Soperton. The mayor and councilmen of the City of Soperton shall hold their offices for the terms herein provided and until their successors are elected and qualified. Section 5. Be it further enacted, that, an election shall be held in the City of Soperton on the third Wednesday in November 1961, and on the third Wednesday of November of each year hereafter, for the election of mayor and councilmen of the City of Soperton for the terms provided for in section 4 of this charter and in accordance with the provisions of said section 4, and the council of the City of Soperton shall enact and enforce appropriate ordinance or ordinances for the same. Provided, however, that in all elections for mayor and councilmen of the City of Soperton no person or candidate shall be elected or declared elected to the office to which he may be a candidate unless such candidate receives a majority of the votes cast in the election. Provided further, that in the event any two (2) or more candidates receive an equal number of votes in any election, and no candidate received a majority of the votes cast in the election, then another election shall be called and held, under the same rules and regulations as herein provided, in which election only the two (2) or more candidates who had received the highest and equal number of votes shall be eligible to become candidates. Provided further, that in the event no candidates receive a majority of the votes cast in any election, then another election shall be called and held, under the same rules and regulations as herein provided, in which election only the two (2) candidates who had received the highest number of votes shall be eligible to become candidates. All citizens who are eighteen (18) years of age or older (or who will be at eighteen (18) years of age at the time the election is held) and who have or will have resided six (6) months bonafide within the jurisdictional limits of the City of Soperton at the time of the election, and who are qualified to vote for members of the General Assembly of Georgia, and no other person, shall be qualified to

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register and vote at any election held in and for the City of Soperton. A system of registration of voters is hereby established for the City of Soperton, and no person shall be allowed to vote in any election of any kind held in the City of Soperton without having first registered in accordance with the provisions of this charter and such ordinance or regulations as are now in force in the City of Soperton or as may be hereafter adopted hereunder. The mayor and council of the City of Soperton are hereby empowered to enact and enforce such ordinances and regulations as may be necessary and proper to carry out the provisions of this section for registration of voters and elections. Elections. Section 6. Be it further enacted, that, in January of each calendar year, or at the first meeting of the council in each year, the council shall elect one of its members as mayor pro tem., whose term of office shall be one (1) year beginning from the time of his election and who shall hold office until his successor is elected and qualified. As a member of the council the mayor pro tem. shall be allowed a vote on all questions, whether there be a tie or not; and, in absence or disqualification of the mayor, the mayor pro tem. shall exercise all of the functions, duties, powers, rights and privileges of the office of mayor conferred by this charter. Mayor pro tem. Section 7. Be it further enacted, that, the mayor of the City of Soperton shall be the executive officer of the City of Soperton, and he shall be charged with the duty of enforcement of the ordinances of the City of Soperton and all laws therein and pertaining thereto. The mayor shall preside at all meetings of the Council of the City of Soperton, but he shall not have a vote on any question, except that the mayor shall have the right to vote in the event of a tie vote in the council. The mayor shall in January of each year appoint the following committees from the membership of the council, viz, water and water works committee, street committee, sanitation committee, police committee and general government committee. The mayor and council shall provide by ordinance

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for such other committees as may be deemed necessary. The mayor shall be ex-officio a member of each of said committees, and it shall be his duty to assist and confer with each committee in the performance of its duties. The mayor and council shall enact appropriate ordinance or ordinances to prescribe the duties and authority of each committee. Mayor. Section 8. Be it further enacted, that the council of the City of Soperton shall be the legislative body of the City of Soperton, any three (3) of whom shall constitute a quorum for the transaction of all business of the city and the enactment of ordinances in and for the City of Soperton, but no ordinance shall be declared and passed and become law of said city unless it receives at least three (3) votes in favor of its passage. All ordinances passed or enacted by the council of the City of Soperton in accordance with the provisions hereof shall become effective without the approval of the mayor of the City of Soperton. Council. Section 9. Be it further enacted, that, regular meetings of the mayor and council of the City of Soperton shall be held on the first Monday of each month for the enactment of ordinances and transactions of the business of the City of Soperton. The mayor of the City of Soperton shall have the power to convene the city council in special session at any time whenever he deems it proper by giving written notice of the call of the meeting to each member of the council. The mayor shall call a meeting of the council when so requested, in writing, by a majority of the members of the council. The council shall have the right and power to convene itself in special meeting, at any time at the written demand of a majority of the members of the council, which written demand shall be given to the mayor and each member of the council and the clerk of the City of Soperton. At any regular meeting the council shall have the power to recess to a later day and time in the month, and meet in adjourned session, upon adoption by the council of an appropriate resolution therefor. The mayor and council shall have full power and authority to enact ordinances

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and perform any of their duties or powers at any special or called session or adjourned session. The place of the meetings of the mayor and council shall be prescribed by ordinance. The regular time of the meetings of the mayor and council shall be as provided by ordinance. The mayor and council shall by ordinance provide the form, manner and methods of procedure for their meetings and deliberations. Meetings. Section 10. Be it further enacted, that, all persons owning property, both real and personal within the city limits of the City of Soperton shall be subject to pay ad valorem tax thereon not exceeding ten (10) mills on each dollar, and the council of the City of Soperton shall have power and authority to levy such ad valorem tax and collect and expend the same for ordinary current expenses in said city, and in opening and improving streets, sidewalks, alleys, lanes, public parks and grounds, sewerage mains and system, water system and water works and for all other expenses of the City of Soperton. The lien for said tax shall attach as of January first in each year. The taxable property within the limits of the City of Soperton shall have a value for taxation placed thereon by a board of tax assessors, not less than three (3) who shall serve at the will of the council and receive such compensation as may be provided by the council. The council of the City of Soperton shall have authority to appoint three (3) persons, who may or may not be residents of said City of Soperton, as tax assessors of said city, whose duty it shall be to place a just, fair and equitable valuation on the property within the corporate limits of said city or that is subject to be taxed by said city regardless of its location, whether returned for taxation by the owner thereof or not. The said board of tax assessors shall have power and authority to equalize and adjust the taxes of all owners of property in said city, and the said board of tax assessors to give any citizen or property owner an opportunity to appear before them and make objections to the valuation placed by them upon any piece of property, real or personal, and if in the judgment of said assessors, the valuation first

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fixed be too high or too low they may change the same. Publication in any newspaper published in the City of Soperton at least ten (10) days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this section, but the council of the City of Soperton shall have authority by ordinance to substitute other method or methods of notice for the hearing of complaints as it may deem necessary. The mayor and council shall have authority to employ such technical, clerical, and expert assistance as in their discretion the board of tax assessors may need, and the council of the City of Soperton shall have the authority to fix and provide for compensation for the same. The council of the City of Soperton shall have the authority to provide by ordinance the manner and method by which property owners of said city shall make return of their property for taxation and to provide such penalty for a failure to make return as the council may deem necessary. On and after the twentieth (20th) day of December of each year the books for the collection of taxes shall be closed, and on the next day following, tax executions shall be issued against defaulters and a penalty shall be fixed for the non-payment of tax when due. It shall be the duty of the clerk of the City of Soperton to see that said executions are promptly issued and collected. Said unpaid tax for which executions are issued shall bear interest from the twentieth (20th) day of December of each year at the rate of seven (7) per centum per annum; and in addition thereto, the cost for issuing, levying and settling such executions shall be the same as allowed the tax collectors, constables and sheriffs of the State of Georgia, for like service; such cost however, to be paid into the treasury of the City of Soperton. The clerk of the City of Soperton shall issue all tax executions for and on behalf of and in the name of the City of Soperton, and such executions shall be directed to The Chief of Police, and all and singular the Marshals and Policemen of the City of Soperton, and when issued shall be placed in the hands of the chief of police, or some marshal or policeman of said city whose duty it shall be to levy the same upon any property, real or personal, of the taxpayer

Page 3349

named in the execution, within the corporate limits of said city; the City of Soperton by and through its duly authorized officers being hereby granted full power and authority to levy on and sell real and personal property of defaulting taxpayers for the purpose of collection of taxes due and owing to the City of Soperton. If the execution be for a sum less than one hundred ($100.00) dollars and the property levied upon be personal property, the same shall be advertised for sale by posting an advertisement in three (3) or more places in the City of Soperton, one of which shall be at the courthouse of Treutlen County, Georgia, and one of which shall be at the office of the clerk of the City of Soperton. If the execution be for a sum greater than one hundred ($100.00) dollars, or the levy be upon real estate, the sale shall be advertised by the levying officer under the same terms and under the same regulations and in the same newspaper that the Sheriff's advertisements for Treutlen County, Georgia, are made. The bill of sale or deed of the chief of police or marshal or policeman making the sale of real or personal property under execution by the authorities of the City of Soperton shall pass the title sold to the purchaser as completely and absolutely as the deed of the defaulting taxpayer would have done; provided, however, that any person whose property has been sold for taxes shall be allowed to redeem the same by paying the purchaser at any time within one year from the date of the sale, full amount of his bid with ten (10%) per cent premium thereon. The officer making the levy under executions issued by authority of said city shall have full power and authority to take bond for the forthcoming of personal property levied upon by him, payable to himself as such officer, which bond may be sued upon by such officer for the use of the City of Soperton in and court having jurisdiction of the person and the subject matter of such bond. The levying officers of such executions shall receive cost for their services as follows: If the execution is for less than one hundred ($100.00) dollars, the cost allowed the constables shall be received by them; if the execution be

Page 3350

greater than one hundred ($100.00) dollars, the cost allowed sheriffs shall be received by them. Taxes. Any person dissatisfied with the assessment made on any of his property shall have the right to appeal to the board of tax assessors who shall hold a session for complaints. The determination of the assessors upon such hearing shall be subject to right of appeal made to the mayor and council; provided, such appeal shall be filed in writing with the clerk of the City of Soperton within five (5) days after the hearing before said assessors, and such appeal shall be heard by the mayor and council at their next regular meeting, unless continued for cause. The mayor and council shall have power and authority to raise or lower the valuation of any property, real or personal, made by the tax assessors, on such appeal, if in their opinion, it is returned and/or assessed above or below its fair market value, and such action shall be final, subject to right of certiorari, to the Superior Court of Treutlen County, Georgia, as provided by general law. The action of the mayor and council on such appeal shall be done by resolution which shall be entered in the minutes of the council. The mayor and council of the City of Soperton shall have full power and authority to enact and enforce such ordinance and ordinances as may be necessary to fully effectuate the provisions and purposes of this section. Section 11. Be it further enacted, that, should affidavit of illegality be filed to an execution issued by the authorities of the City of Soperton, the same may be done under the same rules which prevail in State Courts, or if any property levied upon be claimed by a person not a party to the execution, the claim shall be interposed under the same rules, restrictions and regulations that govern claim cases in the courts of the State, and such claims and illegalities shall be returned for trial to the justice court or notary public court that is held in the City of Soperton or the Court of Treutlen County, Georgia, having jurisdiction, as the case may be.

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Section 12. Be it further enacted, that the Act of the General Assembly of Georgia approved, March 10, 1937, Georgia Laws 1937, pages 2099 and 2100, creating the office of recorder of the City of Soperton is hereby repealed. 1937 Act repealed. Section 13. Be it further enacted, that there is hereby created a recorder's court, for the trial of offenders, and the office of recorder, in and for the City of Soperton. It shall be the duty of the recorder to preside over the recorder's court of said City of Soperton, and said recorder shall be ex-officio a justice of the peace, as far as to authorize him to administer oaths, attest deeds, mortgages, or any other instrument or paper which a justice of the peace is authorized to attest, to issue warrants for any offences committed within the corporate limits of the City of Soperton against any ordinance or law of said City of Soperton or of the State of Georgia, and when the offense is against any law of the State of Georgia, the recorder may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, the same as a justice of the peace could do; if the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the accused before the recorder's court for trial, and none other, and the same shall be disposed of as other cases of arrest not made under warrant. All warrants issued by the recorder, or those acting in his stead, shall be directed To the Chief of Police of Soperton or any Marshal or Policemen thereof, and to all and singular the Sheriffs, Deputy Sheriffs and Constables of this State, and any one of said officers shall have the same authority to execute said warrants as the sheriffs have to execute criminal warrants. When in or at the trial of any accused charged with the offense of a violation of an ordinance of the City of Soperton, the recorder shall determine or believe from the evidence that said accused may be guilty of a violation of a law of the State of Georgia, accused to jail or take bond for appearance before the State court having jurisdiction of the offense the same as a justice of the peace could do.

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The recorder shall have power and authority to hold court to try offenders and violators of the ordinances of said City of Soperton, to impose sentences and fines against any person adjudged guilty of violation of any ordinance of said City of Soperton, to subpoena witnesses to attend the recorder's court, and to compel their attendance, and to adjudge in contempt and to punish for contempt any witness who has been subpoenaed and failed to attend the recorder's court, and to cause the apprehension and arrest of any witness who has been subpoenaed and failed to attend the recorder's court. As recorder, and while presiding in recorder's court, the said recorder's court and said recorder shall have the power to punish for contempt by fine not exceeding fifty ($50.00) dollars, imprisonment in the city jail or the county jail by permission of the county authorities, not exceeding thirty (30) days, or by work on the street or other public works under the supervision of the chief of police, policemen, marshals, or convict warden of said city, not exceeding thirty (30) days, one or more or all of these, at the discretion of the recorder. Provided, that in the absence of said recorder, or his inability or disqualification to preside, then the mayor of the City of Soperton shall preside and hold recorder's court. In the event of the absence, inability or disqualification to preside of both said recorder and the mayor of the City of Soperton, the mayor pro tem. of the city shall preside and hold recorder's court, and in the event of the absence, inability or disqualification of all three of the above named, any one of the members of the council of the City of Soperton shall preside and hold recorder's court. In presiding and holding recorder's court, the mayor, mayor pro tem. or member of the council, as the case may be, shall have the same powers and authority herein granted to the recorder. Said recorder shall be at least twenty-one (21) years of age and a bona fide resident of the City of Soperton. The salary of said recorder shall be paid from the treasury of the City of Soperton. Said recorder shall be elected by the council of the City of Soperton, and said recorder shall serve at the will of the council. Recorder's Court.

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Section 14. Be it further enacted, that, all trials in the recorder's court of the City of Soperton, shall be had without written pleadings of any kind unless the defendant shall, upon the calling of the case file a written demand with the city clerk or the recorder that an accusation, in writing, shall be preferred against him in which event a written accusation inform substantially as follows: Georgia, Treutlen County, City of SopertonIn the Recorder's Court of the City of Soperton: I, , Chief of Police (or Policeman) (or citizen) of said City, in the name and behalf of the City of Soperton, charge and accuseof the offense of, contrary to the laws and Ordinances of said City, the good order, peace and dignity thereof, shall be preferred against the defendant, signed by the officer, or other citizen of the City of Soperton or person making or prosecuting the case, and filed in said court, whereupon the defendant shall enter his plea thereon in writing and the issue thus formed the case shall proceed to trial and disposition. Provided, however, the recorder's court shall have authority to grant continuances upon legal grounds and for legal reasons as provided in and for the Superior Court of Treutlen County, Georgia, by the Laws of Georgia. Pleadings. Section 15. Be it further enacted, that any person convicted in the recorder's court of the City of Soperton may appeal from the recorder's court to the council of the City of Soperton, and the judgment of the council of the City of Soperton may be reviewed by certiorari to the Superior Court of Treutlen County, Georgia. All certiorari shall be governed under the same rules and regulations as provided by law for the carrying of cases by certiorari from the court of ordinary to the superior court. Provided, however, no appeal or certiorari shall be made until all costs are first paid to the clerk of the City of Soperton, who shall, upon payment thereof, certify in writing that the same has been paid and no appeal or certiorari shall be made unless bond and security is given payable to the City of Soperton in double the amount of

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the fine imposed, to personally appear, stand to and abide by the final judgment in said case, and if no fine is imposed and the defendant is sentenced to jail or work on the streets or other public works in said city, then a like bond shall be given, the amount of which shall be fixed by the presiding officer of said recorder's court. All bonds given in appeals and in certiorari cases shall be approved by the presiding officer in said recorder's court. Appeals and certiorari. Section 16. Be it further enacted, that, when any arrest is made by the chief of police, or any policeman, of the City of Soperton, he may take bond for the appearance of any such person arrested for appearance before the recorder's court for trial, and all such bonds may be forfeited as provided in this charter. The chief of police, and any policeman of the City of Soperton, shall have power and authority to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest is violating any ordinance of said city, or who has violated any ordinance of the City of Soperton. When any violator or offender is endeavoring to escape, the chief of police or any policeman of the City of Soperton shall have the authority to arrest such person and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the jail of the City of Soperton or the jail of the county of Treutlen County, Georgia, for a reasonable length of time. The chief of police and policemen of the City of Soperton are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating criminal laws of the State of Georgia. The chief of police or policemen of said city, if deputized, are also authorized to make arrests anywhere within the limits of Treutlen County, Georgia, of any person charged with violating any of the ordinances of the City of Soperton. Bonds, police. Section 17. Be it further enacted, that the chief of police or any policeman of said city shall release any

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person arrested for a violation of the laws and ordinances of said city, upon said person giving bond with good and sufficient security to be approved by the chief of police or arresting officer, the city clerk or the recorder of said city, for the personal appearance of such person before the recorder's court of said city at the time and place therein specified, to answer the charges against him, and from time to time until the principal in said bond is tried and the case disposed of, and not to depart from thence except by leave of the court. Provided, however, that when the offender is violent, or in such physical or mental condition that he may cause harm to himself or others, the arresting officer may refuse bail. And in the event such principal fails to appear before said court as stipulated in said bond, said bond shall be forfeited in said court, under such rules as may be provided by the council of the City of Soperton by ordinance, and the presiding officer thereof shall have the power and authority to order the principal in said bond rearrested and placed in the city jail until such case shall be tried and disposed of, or to admit the defendant to bail, as he may deem proper. When bond has been forfeited in said recorder's court, under the rules and regulations provided by the council of the City of Soperton by Ordinance, the presiding officer in said recorder's court shall enter judgment thereof against the principal in said bond and the security on said bond, and said judgment shall be duly entered in the minutes of the City of Soperton. Said judgment shall have the same result and effect as a judgment rendered in the Superior Court of Treutlen County, Georgia, and when said judgment has been recorded against said principal and his security in the General Execution Docket in the office of the clerk of the Superior Court of Treutlen County, Georgia, said judgment shall be a lien against all of the property of the principal in said bond and his security as in the case of an execution or fi. fa. issued from said superior court, and levy and sale of property may be made thereunder by the sheriff of Treutlen County, Georgia, as in the cases of executions and fi. fas. placed in the hands of the sheriff from said superior court. All rules and laws of the State of Georgia

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applicable to executions and fi. fas, shall apply to said judgment. Bonds. Section 18. Be it further enacted, that, the recorder's court of the City of Soperton and the presiding officer thereof shall have the power to punish for contempt against its lawful authority whether in its presence or otherwise, to issue summonses and subpoenas for witnesses and compel their attendance whether residents of the City of Soperton or not; to issue subpoenas duces tecum for witnesses and the production of books and papers whether in the City of Soperton or not, and compel their production; to compel the presence of witnesses by imprisonment if necessary and to take bonds to secure their attendance and to forfeit said bonds before said recorder's court; to punish, as for contempt, failure to obey its legal summonses and orders; to grant continuances under the rules and laws of the State of Georgia applicable to the Superior Court of Treutlen County, Georgia; to take bonds and recognizances for persons charged with offenses against the laws and ordinances of said city for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; to forfeit all appearance bonds when the principal shall fail or refuse to appear at the recorder's court of the City of Soperton at the time and places specified therein, under such rules and regulations as the mayor and council of the City of Soperton shall by ordinances prescribe, and the said recorder's court shall have the power and authority to do, generally, all other acts and things necessary for the proper enforcement of its authority, said recorder's court shall have power and authority to punish for contempt by any fine not exceeding fifty ($50.00) dollars, imprisonment in the city jail or county jail by permission of the county authorities, not exceeding thirty (30) days, one or by work on the streets or other public works under the supervision of the chief of police, policemen, marshals or convict warden of said city, not exceeding thirty (30) days, one or more or all of these, at the discretion

Page 3357

of the presiding officer of said court; provided, that a continuous failure or refusal by any person to obey the lawful ordinances or summonses of said court, such continuous failure or refusal shall be deemed a continuous contempt, and the said court may imprison such person until its lawful orders are obeyed. Section 19. Be it further enacted, that, the mayor of the City of Soperton shall be ex-officio a justice of the Peace as far as to authorize him to administer oaths, attest deeds, mortgages, or any other instruments or paper which a justice of the peace is authorized to attest, to issue warrants for any offense within the corporate limits of said city against any law or ordinances of said city or of the State of Georgia, and when the offense is against the laws of the State of Georgia, the mayor may hear evidence and commit to jail or take bond for appearance before the state court having jurisdiction of the offense, the same as a justice of the peace could do; if the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the accused before the recorder's court for trial, and none other, and the same shall be disposed of as other cases of arrest not made under warrant. All warrants issued by the mayor, or those acting in his stead, shall be directed To the Chief of Police or any Marshal or Policemen thereof, and to all and singular the Sheriffs, Deputy Sheriffs and Constables of this State, and any one of said officers shall have the same authority to execute criminal warrants. Mayor. Section 20. Be it further enacted, that, the penalty or punishment for violation of any law or ordinance of the City of Soperton shall be a fine not exceeding three hundred ($300.) dollars and all costs imprisonment in the city jail (or in the county jail of Treutlen County, Georgia, by permission of the county authorities, not exceeding ninety (90) days, work on the streets or other public works under the supervision of the chief of police, marshals, or convict warden of said city, not exceeding ninety (90) days, one or more or all of these, at the discretion of the trial court. This penalty may be imposed by the

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recorder of the City of Soperton in recorder's court while sitting and presiding for the trial of offenders, or by the mayor or councilman who may be presiding in the recorder's court in the place of the recorder. Punishment. Section 21. Be it further enacted, that, the mayor and council shall adopt a tax or license ordinance fixing a license for each of the businesses, occupations, trades, professions, or vocations, which under the laws of the State of Georgia are subject to municipal license which ordinance shall prescribe the amount of such tax or license. The mayor and council shall have the power and authority to adopt and prescribe such rules, regulations, methods and systems of licensing as may be deemed fair, adequate, and necessary. The mayor and council may issue fi. fas. or executions against the persons subject to such license, which fi. fas. or executions 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 the city ad valorem tax fi. fas. or executions are enforceable. No person, firm or corporation shall commence, begin or engage in any business, occupation, trade, profession, calling or vocation for which a license is required by the City of Soperton without having first procured such license and complied with all requirements and regulations of said City of Soperton relating thereto. Any person who shall be guilty of violation of the ordinances of the City of Soperton providing for such license or tax, upon conviction thereof in the recorder's or police court of said city, shall be punished as provided in this charter. Prosecution under this section shall not be a bar to the issuance by said city of fi. fas. or executions against said person, firm, or corporation, and levy and sale of property belonging to such person, fine or corporation, and levy and sale of property belonging to such person, firm or corporation thereunder, may be in addition to the methods herein provided for collecting such tax or license. The mayor and council by resolution or ordinance may revoke the license of, and prohibit the operation of, any business, or establishment for which license may have been issued, in the event the

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same becomes a nuisance, or is dangerous, hazardous or injurious to the health or morals of the inhabitants of the said City of Soperton. No license shall be revoked without written notice being given to the person, firm or corporation holding such license, which notice shall state the reason why such license is being revoked and shall afford such person, firm or corporation an opportunity to be heard on the question before said mayor and council, the said notice setting forth the time and place of the hearing on the revocation of such license. The decision of the mayor and council of said city revoking any such license shall be final. The council of the City of Soperton shall have full power and authority to decide and determine whether or not a fee paid, or in part thereof, shall be refunded. The mayor and council shall have full power and authority to enact and enforce ordinance and ordinances to fully effectuate the provisions and purposes of this Section. License ordinance. Section 22. Be it further enacted, that, the City of Soperton shall have right and power of eminent domain, and the mayor and council of the City of Soperton, in the name of the City of Soperton, shall have full power and authority to condemn and appropriate as hereinafter provided, private property for public use, to provide adequate drainage of streets, alleys, lanes and other public ways, to lay off and open new streets, alleys, lanes, or other ways for the convenience of the public or any citizen or citizens of said city, and to vacate, alter, widen, curb, pave, and keep in good repair and order, all streets, avenues, alleys, lanes, sidewalks or other ways, drains, sewers, and gutters for public or private use, and to improve the streets, public grounds and parks, and to furnish water for public or private use, manufactured gas for public or private use, natural gas for public or private use, telephone service for public or private use, and to charge for furnishing any of the same. Whenever the right to condemn lands and premises herein granted shall be exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of the State of Georgia, with reference

Page 3360

to the condemnation of private property for public use, as contained in the present Code of Georgia in Chapters 36-1, 36-2 and 36-3 and all the following chapters of the present Code of Georgia and all supplements thereto pertaining to eminent domain and condemnation of private property for public use and as provided by all Acts amendatory thereof. Condemnation. Section 23. Be it further enacted, that the mayor and council shall have the right and power, by appropriate ordinance or ordinances, to establish fire limits for the City of Soperton, and to change the same from time to time, and to regulate the material and manner of building houses, buildings and other structures therein, and to establish a system of building inspection, and to regulate or condemn all buildings and structures that are dangerous to the safety of the public generally or any citizen, and to have the same made safe or removed at the expense of the owner; and upon the failure of the owner to make them safe or remove them, the mayor and council of said city may have the same done and collect the expense of the same from the owner or owners thereof by execution. The mayor and council of the City of Soperton shall have the right and power to refuse to allow buildings to be erected, repaired or removed in said city when satisfied that said buildings or additions thereto or repairing thereof, or the removal of same will be manifestly against the best interest of the city or will endanger the safety or health of the citizens or be likely to become a nuisance or offensive to the property owners or residents of said city; to require application for permit to erect or build, repair or remove any building or structure and to prescribe how they shall be made, what they shall contain and with whom filed; to provide for removal, at the expense of the owner or builder of any houses, buildings or structures erected, repaired, or removed in violation of such Rules and Regulations as may be prescribed by the mayor and council; to provide for a system of inspection of buildings and property in the City of Soperton, and the mayor and council of the City of Soperton are hereby authorized and empowered to

Page 3361

enact ordinances to carry out and effectuate the provisions of this section, and to provide penalties for the violations of such ordinances. Fire limits. Section 24. Be it further enacted, that the mayor and council of the City of Soperton shall have full power and authority to compel any resident or non-resident or property owner owning lands located upon or adjacent to any of the streets, avenues, alleys, lanes, or ways of said city over which the water and sewerage systems of said city may now or hereafter extend, upon which lands houses are erected, or may be hereafter erected or occupied, either by the owner or tenants or other person or persons to connect the same with and use the water and/or sewerage systems now or hereafter owned, operated or laid down by said city, and to compel said property owners or persons owning, controlling or using such buildings or houses to pay the expense of said connection or connections when done by said city (which authority is hereby granted to said city in the event such owner or owners or other person or persons fail or refuse to cause such connections to be made, within such reasonable time as the mayor and council may direct), in the same manner and under the same rules and regulations that the collection of taxes are enforced. The mayor and council of said city shall have full authority and power to prevent and forbid the use of outdoor or open toilets in the corporate limits of said city, and require connection with and use of the water and sewerage systems of said city as herein provided, and said mayor and council shall have full power and authority to require all open or outdoor and surface toilets and wells, dry wells, or other open places, to be filled in at the expense of the owner, and should the owner fail or refuse to fill in the same within a reasonable time as the mayor and council shall by ordinance direct, the same shall be done by said city and the expense thereof collected from the owner in the same manner as taxes are collected. Utilities. The mayor and council are hereby fully empowered by ordinance, to regulate, supervise, control, prevent tax and license the boring, drilling or digging of wells of

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any kind in the City of Soperton. The mayor and council of the City of Soperton are hereby fully authorized and empowered to take whatever action may be necessary to protect and maintain the purity of the water of the City of Soperton and to protect and maintain the supply and sources of supply of the water of the City of Soperton. The mayor and council are hereby fully empowered and authorized to enact and enforce such ordinances as may be necessary to fully effectuate the provisions and purposes of this section. Section 25. Be it further enacted, that the City of Soperton, by and through the mayor and council, shall have power and authority to establish, own, maintain, equip, extend, repair, enlarge, and improve, system and systems of water works, sewerage, manufactured gas, natural gas, telephone service, and all and any other necessary and convenient public works, for the purpose of supplying the inhabitants of the City of Soperton, and customers generally whether within or without the corporate limits of the City of Soperton, with water, sewerage, manufactured gas, natural gas, telephone service, or any of them, and the mayor and council shall have the right and power to do all and everything necessary for such purposes, for the purchase and rental or lease of real estate, buildings, machinery, easements over real estate, whether or not within or without the corporate limits of the City of Soperton, and if necessary to condemn lands and premises as provided by this charter, and for the purchase, rental or lease, or condemnation of all other things and kinds of property; and the mayor and council in the name of the City of Soperton shall have full power and authority to make contracts generally with firms, persons and corporation to sell, furnish and supply water, sewerage, manufactured gas, natural gas, telephone service, or any of them, whether inside or outside of the corporate limits of the City of Soperton, and whether any of the same are sold, furnished or supplied inside or outside of the limits of City of Soperton it shall be at such rates and under such rules and regulations as the mayor and council shall provide. Utilities.

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Section 26. Be it further enacted, That the City of Soperton, and the mayor and council thereof, in the name and behalf of the City of Soperton, shall have full power and authority to keep all public grounds, streets, sidewalks, avenues, alleys, lanes, and other ways, free from obstruction of any kind, to regular the width of streets, avenues, sidewalks, cross walks, lanes, alleys and other ways; to grade any and all of the same and change the grade of any of the same without liability for damage therefor; to take such action and do such things as may be necessary to properly drain any of the streets, avenues, sidewalks, alleys, lanes and other ways in the City of Soperton without any liability for damage therefor; to require adjacent land owners to curb, pave and improve the streets and sidewalks at their own expense under the direction of the authorities of the City of Soperton, and upon the failure of the land owners to do so, the mayor and council of the City of Soperton shall have full right and power to have such work done and collect the costs thereof from said adjacent land owners by assessing the costs thereof against such adjacent land owners and by the issuance of executions for the same as taxes are collected, which executions shall be liens against all of the property of such adjacent land owners as generally and effectively as a tax execution issued in and for the City of Soperton. The mayor and council shall have the power and authority to enact and enforce such ordinance and ordinances, providing reasonable notice to such adjacent land owners, as may be necessary to fully effectuate and enforce the provisions and purposes of this section. Streets, etc. Section 27. Be it further enacted, that the City of Soperton shall have authority to prevent injury or annoyance to the public or individuals from anything dangerous or offensive; to prevent dogs, hogs, cattle, sheep, horses, mules, goats, and all other kinds of animals, and all kinds of fowls, from going at large in the City of Soperton or any prescribed territory thereof, and to seize and impound any of the same under such rules and regulations as may be now or hereafter provided by

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ordinance and rules in and for the City of Soperton; to protect divine worship; to regulate the keeping and selling of dynamite, gun powder, gasoline, manufactured gas, natural gas, and all other hazardous articles of merchandise; to regulate blacksmith shops, garages, machine shops, welding shops, or any other business that is hazardous or endangers the property of others in the City of Soperton; to regulate the operation of steam engines, wherever or however used or operated; and the mayor and council shall have authority to enact and adopt such ordinances and rules and regulations as my be necessary to effectuate and enforce the provisions and purposes of this section. Nuisances. Section 28. Be it further enacted, that the mayor and council of the City Soperton shall have authority, by ordinance as may be now or hereafter enacted, to prohibit idling, loitering and loafing on the streets, avenues, alleys, lanes, or other public ways and places, of the City of Soperton, and to prescribe penalties therefor, and the chief of police and policemen of the City of Soperton shall have right and authority to arrest without warrant any person found idling, loitering or loafing in the City of Soperton contrary to the provisions of this section or any ordinance enacted hereunder, and to imprison such persons or admit them to bail for appearance for trial before recorder's court in the City of Soperton; and said chief of police and policemen are further empowered to arrest without warrant, and detain for a reasonable length of time, any person who may be acting suspiciously in the City of Soperton or who said officers may suspect of having evil design against person or property in said city or the laws and ordinances thereof; and said chief of police and policemen are also empowered to arrest and detain without warrant any person who may be an escaped convict or prisoner of the State of Georgia, any other State, the United States of America, or any municipality thereof, or who may have escaped arrest from any place or authority for any offense; and the chief of police and policemen of the City of Soperton shall have the authority to arrest without warrant in all cases

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where authority is given to arresting officers of the State of Georgia for making arrests without warrant. Loitering. Section 29. Be it further enacted, that the mayor and council of the City of Soperton shall have full authority to control and regulate the running and operation of bicycles, automobiles, motorcycles, railroad trains, and any and all other kinds of vehicles, whether operated or propelled by hand, foot, steam, electricity, atomic power or energy, or other motive power, or otherwise, and to prescribe the rate of speed at which any of the same may be run or operated; and the mayor and council of the City of Soperton shall have authority to regulate and prescribe the qualifications of drivers, chauffeurs and operators of said vehicles; and said mayor and council shall have authority to provide for the registration and licensing of any of said vehicles, and to do and provide all things necessary or incident to the best interest and safety of the same and the public and the City of Soperton. The mayor and council shall have authority to enact and enforce ordinances that may be necessary to effectuate the provisions and purposes of this section, and to provide penalties for violations thereof. Traffic. Section 30. Be it further enacted, that the mayor and council of the City of Soperton shall have power and authority to regulate by ordinance all markets, stores, boarding houses, rooming houses, restaurants, cafes, clubs, and other eating and sleeping places, where lodging, food or drinks, of any kind, are sold, served or provided; to condemn in the manner provided by ordinance all meats, vegetables, or other articles of food whatever, which, after inspection, are found to be unfit for food or drink, and shall have authority to seize and destroy all such articles of food or drink as may be condemned, and shall have authority to punish any person who offers for sale any such articles of food or drink in the City of Soperton; to establish a system of inspection of food and drink and any places or establishments or businesses mentioned hereinabove in this section, and the inspector or other officers of the City of Soperton shall have the right, without warrant, to enter any place of business in

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the City of Soperton to inspect the articles of food or drink offered for sale, or rooms and premises where lodging is sold or provided, and to seize and destroy or otherwise dispose of any articles of food or drink where there is reason to suspect that such articles are unfit for food or drink; and the mayor and council of the City of Soperton shall have full authority to require all rooming houses and lodging places and hotels and motels to be kept in clean and healthful condition, and to regulate and inspect the same; and to enact and enforce ordinances necessary to carry out and make fully effective the provisions and purposes of this section. Health. Section 31. Be it further enacted, that the mayor and council of the City of Soperton shall have full power and authority to grant franchises over its streets, and other public property, to any person, firm or corporation, for the furnishing of water, telephone service, electric service and power, sewerage, manufactured gas, natural gas, or any of them, or any other public service or utility, to the City of Soperton and its inhabitants, and to make such contracts with such persons, firms or corporations as the mayor and council may deem proper, and to make such rates and charges for such franchises as the mayor and council may deem proper; and the mayor and council shall have authority to enact and enforce such ordinances as may be necessary to make effective the provisions and purposes of this section. Franchises. Section 32. Be it further enacted, that the council of the City of Soperton shall have right, power and authority to abate any nuisance in the City of Soperton, and anything or nuisance likely to endanger the health, best interest or well being of the City of Soperton or any inhabitant thereof, and may abate any such thing or nuisance in a summary manner; and the mayor and council of the City of Soperton shall have the power and authority to define, prohibit, abate, suppress and prevent within the City of Soperton, and within a distance of five thousand (5000) feet outside its corporate limits, all nuisances and causes thereof detrimental to the health, morals, safety, convenience and welfare of the inhabitants of the

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City of Soperton; and the mayor and council shall have full power and authority to enact and enforce such ordinances as may be necessary to make fully effective the provisions of this section. Nuisances. Section 33. Be it further enacted, that the chief of police and policemen of the City of Soperton shall have power and authority to enter without warrant and to inspect any place of business or other place in the City of Soperton where there is reason to suspect that spiritous liquors are being kept therein unlawfully or for unlawful purposes, and to seize and hold such things and articles as may be found therein, to be used as evidence for a violation of any ordinance of said city or laws of the State of Georgia. Police. Section 34. Be it further enacted, that the mayor and council of the City of Soperton, shall have full power and authority to fix and determine all water rates and fees, sewerage rates and fees, manufactured gas rates, natural gas rates, and any and all other charges made for public services, systems or plants owned and operated for and by said City of Soperton; and the mayor and council of said city shall have authority to provide for the method of enforcing payment of such rates and fees and enact and enforce all ordinances that may be necessary to make fully effective the provisions and purposes of this section. Utilities. Section 35. Be it further enacted, that the mayor and council of the City of Soperton, under and in accordance with the limitations provided in the Constitution of the State of Georgia and the general laws of the State of Georgia applicable to municipalities, shall have the right, power and authority to issue bonds of the City of Soperton, and with the funds arising from the sale of any bonds thus issued may refund any existing debt, establish and maintain a system of water works, a system of natural gas, a system of manufactured gas, a system of sewerage, a system of garbage and waste collection and disposal, a system of telephone service, and erect public buildings, and lay out, lay down, build, maintain and

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improve streets, avenues, alleys, sidewalks and other public ways, or any other improvements, for the use of the citizens of the City of Soperton, and to issue bonds for any other purpose allowed in this charter; and the City of Soperton and the mayor and council thereof shall have the power and authority to issue revenue anticipation certificates or bonds, when necessary and convenient for the purpose of financing the cost of any public improvement, system or utility, and any system or purpose mentioned in this section, all as provided and set out in Chapter 87-8 of the present Code of Georgia, and Acts amendatory thereof, known as the Revnue Bond Law of 1937. Bonds. Section 36. Be it further enacted, that, in addition to or cumulative of all authority or power heretofore delegated in this charter, the City of Soperton shall have power to: (a) To furnish all local public services as herein provided for and as may be deemed necessary by the mayor and council; (b) To assess, levy and collect taxes for general and special purposes, and for the purpose of paying the principal and interest of any bonds issued by said city, on all subjects and objects which the City of Soperton may lawfully tax; (c) To borrow money on the faith and credit of the city by the issuance and sale of bonds or notes of the city; Additional powers. (d) To appropriate the money of the city for all lawful purposes; (e) To build, construct, regulate, maintain and improve all things in the nature of public works and improvements; (f) To levy and collect assessments for local improvements on property benefited thereby;

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(g) To license and regulate persons, firms, associations and corporations engaged in any business, occupation, vocation, trade or profession; (h) To do all things necessary or desirable to secure and promote the public health; (i) To regulate the construction, re-construction, material, location, height, maintenance and occupancy of houses and buildings; (j) To regulate and control the use, for whatever purpose, of the streets, sidewalks, alleys, lanes and other public places of the city; (k) To make and enforce local police, sanitary and other similar laws, rules and regulations; (l) To enact and enforce such ordinances as may be necessary or expedient for maintaining and promoting the peace, safety, good government and welfare of the city and its inhabitants, and for the performance of the functions of the government of the City of Soperton; (m) To employ an attorney at law for the city, and to employ a physician for the city, and provide for compensation of such attorney at law and physician; (n) To provide a fire department for the city, and equip, maintain, regulate and control the same; (o) To establish a bond commission for the city, and provide the number, duties, powers and compensation thereof, all on such terms and conditions as the mayor and council may provide; (p) To own and maintain cemeteries in or outside of the corporate limits of the City of Soperton for the service and convenience of the general public; and to regulate and control the burial of the dead in the City of Soperton; (q) To buy, own and sell land inside or outside of

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the corporate limits of the City of Soperton, and rent or lease land inside or outside of the corporate limits of the City of Soperton; all on such terms as the mayor and council may deem proper; (r) To furnish water, sewerage, and other public services to the people and public generally, inside or outside of the corporate limits of the City of Soperton, on such terms as the mayor and council may deem proper; (s) To establish, maintain, keep up, extend, enlarge and improve city parks, playgrounds, swimming pools, and other recreational facilities, for the benefit of the citizens of said city and the public generally, and to provide for the management thereof; (t) To provide a minute book and ordinance book, and provide the manner of the keeping thereof, for preserving the records of ordinances and meetings of the council of the City of Soperton; and to provide all other records deem necessary by the mayor and council; (u) To provide for the duties, terms of office and compensation of all subordinate officers and employees of the city; and to provide for the compensation of the mayor and the members of the council of the City of Soperton as the mayor and council may deem proper; and to provide oaths to be taken by all officers and employees. (v) To provide for a system of collection and disposal of garbage and other waste matter. Section 37. Be it further enacted, that the enumeration of powers and contained in this Act shall not be considered restrictive, but the City of Soperton and its authorities may exercise all rights, powers, privileges, and jurisdictions, which under the laws and Constitution of the State of Georgia it would be competent for this charter to enumerate, it being the intention hereof that the powers and authority of the City of Soperton shall extend to all matters and things of local and municipal

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government, and the mayor and council of the City of Soperton shall have the power to enact and enforce all laws, ordinances, rules and regulations that they may deem necessary and proper for the general welfare of the City of Soperton and the citizens thereof, and the mayor and council may do all things necessary and proper for the general welfare of the City of Soperton and the inhabitants thereof. Intent. Section 38. Be it further enacted, that all ordinances, laws, rules, and regulations in force in the City of Soperton at the time of the taking effect of this charter not inconsistent with its provisions shall continue in force until amended or repealed. Intent. Section 39. Be it further enacted, that all laws and parts of laws in conflict with this Act be and are hereby repealed. Section 40. That attached hereto and made a part hereof, as required by the Constitution of The State of Georgia, is the certificate of Mrs. James M. Lawton, of Soperton, Georgia, publisher of the Soperton News, the newspaper in which the sheriff's advertisements for the City of Soperton, Georgia, and Treutlen County, Georgia, are advertised and published, in which certificate the said Mrs. James M. Lawton as publisher of The Soperton News certifies notice of intention to introduce local legislation was published on December 22, 1960, December 29, 1960 and January 5, 1961, in the Soperton News, all as provided and required by the Constitution of the State of Georgia. Section 41. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. Georgia, Treutlen County. Notice of Intention to Apply for the passage of a Local or Special Bill: Notice is hereby given that application will be made

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at the next, 1961, session of the General Assembly of Georgia, for the passage of the following bill: An Act to create a new charter for the City of Soperton, in Treutlen County, Georgia; to consolidate and declare the rights and powers of said municipal corporation; to grant to said municipal corporation such rights and powers as may be granted by the General Assembly of the State of Georgia; to repeal conflicting laws, and to consolidate and supersede all prior Acts and amendments; and to repeal the Act of the General Assembly of Georgia providing for the incorporation of the City of Soperton, approved August 17, 1920 (Ga. L. 1920, pp. 1511 to 1530); and for other purposes. This December 20, 1960. /s/ William J. Peterson, Mayor of the City of Soperton /s/ J. W. Fowler, Member of the General Assembly of Georgia from Treutlen County, Georgia. State of Georgia, County of Treutlen. I, Mrs. James M. Lawton, of Soperton, Georgia, do hereby certify that I am owner and publisher of The Soperton News, the official organ of Treutlen County, Georgia, the newspaper in which the sheriff's advertisements for the City of Soperton and Treutlen County, Georgia, are published, and as publisher of said newspaper, The Soperton News, I do further certify that the attached is a true copy of notice of intention to introduce local legislation in the General Assembly of Georgia, and I further certify that said notice was published in

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said The Soperton News on, and in the issues of, December 22, 1960, December 29, 1960, and January 5, 1961. This February 15, 1961. /s/ Mrs. James M. Lawton, Owner and Publisher of The Soperton News, Soperton, Georgia. Witness: /s/ N. G. Reeves, Jr. Notary Public, State of Georgia. My Commission expires March 1, 1961. Approved April 5, 1961. ACT PROVIDING FOR PENSIONS FOR EMPLOYEES OF FIRE DEPARTMENTS OF CITIES WITH POPULATIONS OF MORE THAN 150,000 PERSONSAMENDED. No. 466 (House Bill No. 681). An Act to amend an Act approved August 13, 1924 (Ga. L. 1924, p. 167 et seq.) and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, so as to provide additional pension benefits for members of paid fire departments of such cities who have served in excess of 30 years at the time of retirement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Act described in the caption hereof, as

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amended, be and the same is hereby further amended as follows: Section 1. The pension benfits provided by this section and the several subsections shall be in lieu of like pension benefits provided by existing provisions of this Act. (a) Any member of the fire departments of such cities eligible for a pension who is in the employment of such cities 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, 1961. The application 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. Benefits. All such members of the fire departments in the employment of such cities 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 member 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 member during the twelve (12) months immediately preceding his retirement but said pension payment shall not exceed $150.00 per month, except as hereinafter provided. In case the member 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 member 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.

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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 member 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 members who consent and agree to the provisions of this amendment. The sums shall be retained by the comptroller or other chief finance office 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. (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. (e) Any member 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. 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 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 such members of such fire departments. Should said fund at any time be insufficient to meet and pay the pensions due to such members, such governing authorities

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shall appropriate from current funds other than funds derived from ad valorem taxation sufficient amounts to make up the deficiency as it relates to such members. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961. SPALDING COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 467 (House Bill No. 357). An Act to amend an Act authorizing and fixing the salaries and compensation of the commissioners of roads and revenues of Spalding County, Georgia, approved December 22, 1898 (Ga. L. 1898, p. 375), and all Acts amendatory thereof, so as to fix the compensation of the chairman of the commissioners of roads and revenues of Spalding County at $3600.00 per annum and the compensation of each of the other two commissioners of roads and revenues at $3000.00 per annum, which compensation shall be in addition to the expense allowance provided for in an Act approved February 23, 1956 (Ga. L. 1956, p. 2440); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 2 of said Act fixing the salaries or compensation of the Commissioners of Roads and Revenues of Spalding County, Georgia, approved December 22, 1898 (Ga. L. 1898, p. 375), as amended particularly by the Acts approved August 9, 1906 (Ga. L. 1906, p. 447), July 26, 1920 (Ga. L. 1920, p. 615), July 27, 1929 (Ga. L. 1929, p. 718), March 6, 1945 (Ga. L. 1945, p 943), and February 19, 1951 (Ga. L. 1951, p. 2535), be and the same is hereby amended by striking section 2 of said Act in its entirety and substituting in lieu thereof the section to read as follows:

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Section 2. Be it further enacted by the General Assembly of the State of Georgia that the chairman of the commissioners of roads and revenues of Spalding County, Georgia shall receive the amount of $3600.00 per annum for his services, and each of the other two commissioners of roads and revenues of Spalding County, Georgia, shall respectively receive the amount of $3000.00 per annum for his services, which said amounts, salaries or compensation shall be payable for the year 1961 and all subsequent years from the funds of Spalding County and shall be payable, as accrued, in monthly installments or other installments at the will and sole discretion of said chairman and said commissioners, which said amounts, salaries or compensation shall be paid in addition to any expense allowance paid by Spalding County to said chairman and said commissioners. Section 2. That the aforesaid salaries or compensation for services rendered shall be paid by Spalding County in addition to the expense allowances authorized and provided for in the Act approved February 23, 1956 (Ga. L. 1956, p. 2440). Intent. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1961 session of the General Assembly of Georgia, which convened on the 9th day of January, 1961, a Bill to provide for a change in compensation of the commissioners of roads and revenue of Spalding County, Georgia, including a change in compensation of the chairman of said commissioners; to repeal conflicting laws and for other purposes. This 9th day of January, 1961. Maureen C. Jackson, As Clerk of Commissioners of Roads and Revenue of Spalding County, Georgia.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton, who, on oath, deposes and says that he is Representative 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 14, 1961; January 21, 1961; and January 28, 1961. /s/ Arthur K. Bolton, Representative, Spalding County. Sworn to and subscribed before me, this 30th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved April 5, 1961. ACT PROVIDING FOR BUILDING CODES, ETC. IN CERTAIN COUNTIESAMENDED. No. 468 (House Bill No. 304). An Act to amend an Act approved March 3, 1955, (Ga. L. 1955, p. 2479 et. seq.), entitled: An Act to provide that the governing authorities of certain counties may charge for inspections, require permits, set up a code, and provide rules and regulations for the installations of plumbing in said counties; to provide for a plumbing board; to provide for the appointment for its members; to define the duties of said board; to repeal conflicting laws; and for other purposes, to change population figures.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act section 1 of an Act approved March 3, 1955, (Ga. L. 1955, p. 2479, et seq.) entitled: An Act to provide that the governing authorities of certain counties may charge for inspections, require permits, set up a code, and provide rules and regulations for the installations of plumbing in said counties; to provide for a plumbing board; to provide for the appointment for its members; to define the duties of said board; to repeal conflicting laws; and for other purposes, be, and the same is hereby, amended by deleting from said section 1 of said Act the following figures and language, 135,000 and not more than 150,000 according to the United States census of 1950 and inserting in lieu thereof the following figures and language, 250,000 and not more than 500,000 according to the United States census of 1960. Counties where applicable. Section 2. That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved April 5, 1961. FULTON COUNTYOPERATION OF RECREATIONAL AREAS UNDER DIRECTION OF AGRICULTURAL AGENT EMERITUS. No. 469 (House Bill No. 653). An Act to amend an Act entitled An Act to establish a method for providing park and recreational systems in the unincorporated portion of Fulton County; and for other purposes approved February 21, 1951 (Ga. L. 1951, p. 3282, et. seq.) as heretofore amended, but further amended by providing that community centers may be operated by Fulton County under the direction of the county agricultural agent or county agricultural agent emeritus; and for other purposes.

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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 Act entitled An Act to establish a method for providing park and recreational systems in the unincorporated portion of Fulton County; and for other purposes as heretofore amended, be amended by inserting the words or county agricultural agent emeritus after the word agent in line five of section 13 of said Act as amended so that said section 13 when so amended shall read as follows: Section 13. Should there be any community centers or 4-H club camps and facilities in the unincorporated areas of Fulton County, the same may be operated by Fulton County under the direction of the county agricultural agent or county agricultural agent emeritus, Fulton County may maintain and keep in good repair all of the facilities of the same. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 3. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president

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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 29 day of December, 1960, and on the 5, 12 days of January, 1961, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 16 day of February, 1961. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the 1961 session of the General Assembly of Georgia which convenes in January, 1961 to amend the Act establishing a Fulton County park system, Acts 1951, page 32-82, so as to provide that the county agent emeritus may have charge of community houses and recreational areas in the unincorporated area of Fulton County; and for other purposes. This 28 day of December, 1960. Harold Sheats County Attorney Approved April 5, 1961.

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CITY OF CARTERSVILLECORPORATE LIMITS, REFERENDUM. No. 471 (House Bill No. 610). 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), an Act approved March 17, 1958 (Ga. L. 1958, p. 2283), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2790), so as to change the corporate limits of said city; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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), an Act approved March 17, 1958 (Ga. L. 1958, p. 2283), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2790), is hereby amended by adding to the end of section 2A 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: All that certain tract or parcel of land situated, lying, and being in the 4th district, 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 523, 558, 557, 595, 596, 597, 598, 599, 626, 623, 628, and 629; 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

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the right of way of South Erwin Street, said City and County; thence running S 1 29[UNK]E a distance of approximately 1484[UNK] to the southeast land lot corner of land lot number 626; thence running S 88 19[UNK]W a distance of approximately 5371[UNK] to the southwest corner of land lot number 629; thence running N 1 29[UNK] W along the western boundary of land lot 629 a distance of approximately 1320[UNK] to its intersection with the southern boundary of land lot numbers 595 and 596; thence running s 88 19[UNK] W along the southern boundary of land lot number 595 a distance of approximately 1340[UNK] to the southwest corner of land lot number 595; thence running N 1 48[UNK] W approximately 3929.20[UNK] along the west boundary of land lot 595, 558, and 523 to the present city limits, as amended, by Georgia Laws 1958, page 2283, et seq.; thence due east 1028.84[UNK] to an existing corner on the corporate city limits, as amended aforesaid; thence southeasterly 1040[UNK], on the present City Limits, as amended aforesaid, to the north right of way of State Highway #61; thence easterly and along the north right of way of State Route #61 567.2[UNK] back to the present city limits as established by Georgia Laws 1937, page 1532, et seq.; thence continuing southeasterly on said original and present existing city limits to the south right of way line of said State Route 61; thence running in a westerly direction along the south right of way line of State Route #61 238.18[UNK]; thence southerly 268[UNK] 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[UNK] to an iron pin; continuing thus on said amended city limits southerly 32[UNK] to an iron pin; thence continuing on said city limits, as amended, easterly 270.02[UNK] 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[UNK], more or less, back to its intersection with the east land lot line of land lot #599, said point of intersection being the point of beginning. Said tract comprises 371 acres, or.58 square miles.

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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 and all property owners of the within proposed territory to be annexed, for their approval or rejection. The mayor and aldermen shall for a period of thirty (30) days after the date of the call maintain at city hall or such other appropriate place, a book of registration, in which all voters or property owners within the proposed territory to be annexed must register in order to vote upon the question. The mayor and aldermen shall then set the date for such election for a day certain within a period of ten (10) to twenty (20) days after the final date of registration. The ballot shall have written or printed thereon the words: For approval of the Act to extend the limits of the City of Cartersville. Referendum. 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 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.

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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, 1961, session of the General Assembly of Georgia: An Act to amend the charter of the City of Cartersville and the several Acts amendatory thereof, as to extend the corporate limits of said city beyond the limits as now defined; to repeal conflicting laws; and for other purposes. This 16th day of January, 1961. James H. Barton Roy M. Jordan H. A. Parker Wayne P. Turner Edward J. Shabel Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wm. B. Greene, who, on oath, deposes and says that he is Representative from Bartow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Bartow Herald, which is the official organ of said county, on the following dates: Jan. 19, 1961; Jan. 26, 1961; Feb. 2, 1961, and Feb. 9, 1961. /s/ Wm. B. Greene, Representative, Bartow County

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Sworn to and subscribed before me, this 22nd day of February, 1961. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved April 5, 1961. ANNEXATION TO MUNICIPALITIES BY ORDINANCE IN COUNTIES HAVING POPULATION OF NOT LESS THAN 47,500 AND NOT MORE THAN 49,500 PERSONS. No. 472 (House Bill No. 339). An Act to provide a procedure for the annexation of territory by municipalities located in counties having a certain population; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be lawful for any municipality located in a county having a population of not less than 47,500 and not more than 49,500, according to the United States Census of 1960 or any future United States Census, by ordinance of the duly constituted authorities thereof to annex to the existing corporate limits thereof unincorporated lands adjoining the existing corporate limits at the time of such annexation, upon the written and signed applications of all of the owners of all of the land proposed to be annexed containing a complete description of the lands to be annexed. Lands to be annexed at any time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipality when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipality,

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a complete survey by a competent surveyor, not necessarily a county surveyor, shall be filed as a part of the ordinance annexing the territory and a copy certified by the clerk or similar official of the municipality shall be filed with the Secretary of State of the State of Georgia. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipality as completely and fully as if the limits had been marked and defined by special act of the General Assembly. Where applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. BAKER COUNTYELECTION OF COMMISSIONERS OF ROADS AND REVENUES. No. 473 (House Bill No. 475). An Act to amend an Act creating a board of commissioners of roads and revenues for Baker County, approved August 8, 1917 (Ga. L. 1917, p. 306), as amended particularly by an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2721), so as to provide that a commissioner shall be elected from each district but shall be elected by the entire county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Baker County, approved August 8, 1917 (Ga. L. 1917, p. 306), as amended particularly by an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2721), is hereby amended by striking from section 4 the words In the election of such commissioners the candidate from each district shall be voted for only by the voters of such district, and the

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candidate receiving the highest number of the voters of the district shall be elected. No other district or part of the county shall participate in the election of a commissioner other than that for his own district., and inserting in lieu thereof the words A commissioner shall be elected from each district but shall be elected by the voters of the entire county. The candidate from each district receiving the highest number of votes in the entire county shall be elected as the commissioner from such district., so that when so amended section 4 shall read as follows: Section 4. The members of said board of commissioners of roads and revenues shall be elected one from the 971st or Newton District which district shall also include the Hardup District, one from the 957th or Milford District, one from the 1183rd or Haggards Mill District; one from the 1722nd or Elmodel District; and one from the 1680th or Anna District. A commissioner shall be elected from each district but shall be elected by the voters of the entire county. The candidate from each district receiving the highest number of votes in the entire county shall be elected as the commissioner from such district. The commissioners so elected shall hold office for four years and until his successor is elected and qualified. They shall be elected at the same time other county officers are elected. In the event of the death or removal of a commissioner from the district in which he was elected the judge of the superior court of said county shall appoint his successor to fill the unexpired term, and until his successor is elected and qualified. 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. L. Barnett, who, on oath, deposes and says that he is Representative from Baker County, and that the attached copy of Notice

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of Intention to Introduce Local Legislation was published in the Tri County Courier, which is the official organ of said county, on the following dates: January 12, 19, and 26, 1961. /s/ J. L. Barnett, Representative, Baker County. Sworn to and subscribed before me, this 21st day of February, 1961. /s Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. Notice of Intention. Notice is hereby given that there will be introduced at the January, 1961 session of the General Assembly of Georgia, a Bill to provide that the members of the Board of County Commissioners of Baker County shall represent their respective districts, but they shall be elected by a vote of the entire county; and for other purposes. This the 11th day of January, 1961. /s/ R. L. (Lecky) Barnett, Representative of Baker County. Approved April 5, 1961. CITY OF CANTONCHARTER AMENDED. No. 474 (House Bill No. 689). An Act to amend an Act creating a new charter for the City of Canton (formerly the Town of Canton) (Ga. L. 1922, p. 604) so as to change the terms of office of the mayor; to change the compensation of the mayor

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and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Canton (formerly the Town of Canton) (Ga. L. 1922, p. 604), is hereby amended by striking therefrom section 12 in its entirety and substituting in lieu thereof a new section 12, which shall read as follows: Section 12. The government of the City of Canton shall be vested in a mayor and six (6) councilmen. Beginning on the second Saturday in December, 1961, an election for the mayor and the position of the three (3) councilmen whose terms expire December 31, 1961 shall be held. Both the mayor and councilmen then elected shall serve for a term of two (2) years. Those councilmen whose terms do not expire until December 31, 1962, shall continue until that time and their positions shall be filled at an election held on the second Saturday in December, 1962. Thereafter, there shall be an election each year on the second Saturday in December to fill those vacancies occurring by expiration. This body while sitting shall be known as the mayor and council. Mayor and councilmen, terms. Section 2. Said Act is further amended by striking from section 18 thereof the word two wherever it occurs and substituting in lieu thereof the word five and by striking the word twenty-five wherever it occurs and substituting in lieu thereof the words one hundred so that section 18 when so amended, shall read as follows: Section 18. Be it further enacted, That any person shall be eligible to the office of mayor and councilmen who has been a resident of the town one year, is twenty-one years old, and has paid all taxes due said Town of Canton. The mayor may receive a salary not exceeding five hundred dollars, and each councilman may receive a salary not exceeding one hundred dollars per annum;

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provided the same be fixed by ordinance and not changed so as to affect anyone during his term of office. Same, salaries. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Barrett, who, on oath, deposes and says that he is Representative from Cherokee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia Tribune, which is the official organ of said county, on the following dates: January 19, 26 and February 2, 1961. /s/ Carl Barrett, Representative, Cherokee County. Sworn to and subscribed before me, this 27th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a Bill to amend an Act creating a new charter for the City of Canton (formerly the Town of Canton) (Ga. L. 1922, p. 604), so as to change the term of the office of mayor; to change the compensation for the mayor and councilmen; and for other purposes. This 19 day of January, 1961. /s/ Carl Barrett, Representative. Approved April 5, 1961.

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AMENDMENT TO ACT PROVIDING FOR EXEMPTION OF TAXATION TO OWNERS OF PERSONAL PROPERTY IN CERTAIN COUNTIES REPEALED. No. 475 (House Bill No. 306). An Act to amend an Act approved March 9, 1945, (Ga. L. 1945, p. 456, et. seq.) amending an Act providing for exemption of taxation to the owner of personal property, approved December 14, 1937, (Ga. L. Ex. Sess. 1937-38, pp. 176-179), so as to delete from said Act, as amended, the following language, except that in counties and municipalities of over 200,000 or more according to the 1940 or any future census, the time of filing written application and schedule for exemption shall be on or before May 1st of the year in which exemption from taxation is sought. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act an Act to amend an Act approved March 9, 1945, (Ga. L. 1945, p. 456, et. seq.) amending an Act to provide for exemption of taxation to the owner of personal property approved December 14, 1937, (Ga. L. Ex. Sess. 1937-1938, pp. 176-179), be, and the same is hereby, amended by deleting the following language in said Act, as amended, wherever the same shall appear, except that in counties and municipalities of over 200,000 or more according to the 1940 or any future census, the time of filing written application and schedule for exemption shall be on or before May 1st of the year in which exemption from taxation is sought. Where applicable. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved April 5, 1961.

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COLQUITT COUNTYCOMPENSATION OF COUNTY OFFICERS. No. 476 (House Bill No. 464). An Act to amend an Act relating to the compensation of county officers of Colquitt County approved February 17, 1956 (Ga. L. 1956, p. 2399), so as to provide for a change in the annual compensation of the Sheriff of Colquitt County; to provide for a change in the annual compensation of the Clerk of the Superior Court of Colquitt County; to provide for a change in in the annual compensation of the Ordinary of Colquitt County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the compensation of county officers of Colquitt County approved February 17, 1956 (Ga. L. 1956, p. 2399), is hereby amended by striking from section 2 of said Act the words and figures seven thousand two hundred ($7,200.00) dollars, and inserting in lieu thereof the words and figures nine thousand ($9,000.00) dollars, so that said section, when so amended, shall read as follows: Section 2. The Sheriff of Colquitt County shall be compensated in the amount of nine thousand ($9,000.00) dollars, per annum, to be paid in equal installments monthly from the funds of Colquitt County. The Sheriff of Colquitt County shall be furnished an automobile and the necessary expenses incurred in the performance of the duties of his office. Provided that all expenses of the sheriff shall be approved by the governing authority of Colquitt County before being paid. Such compensation shall be all inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court. Sheriff. Section 2. Said Act is further amended by striking from section 3 of said Act the words and figures seven

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thousand two hundred ($7,200.00) dollars, and inserting in lieu thereof the words and figures seven thousand eight hundred ($7,800.00) dollars, so that said section, when so amended, shall read as follows: Section 3. The Clerk of the Superior Court of Colquitt County shall be compensated in the amount of seven thousand eight hundred ($7,800.00) dollars, per annum, to be paid in equal monthly installments from the funds of Colquitt County. The governing authority of Colquitt County shall reimburse the Clerk of the Superior Court for any expenditures made by him for photostatic equipment. Such compensation shall be all inclusive and the clerk shall receive no other compensation for any service as ex officio clerk of any other court. Clerk of Superior Court. Section 3. Said Act is further amended by striking from section 4 of said Act the words and figures forty-eight hundred ($4800.00) dollars, and inserting in lieu thereof the words and figures fifty-four hundred ($5400.00) dollars, so that said section, when so amended, shall read as follows: Section 4. The Ordinary of Colquitt County shall be compensated in the amount of fifty-four hundred ($5400.00) dollars per annum, to be paid in equal monthly installments from funds of Colquitt County. Such compensation shall be all inclusive and the Ordinary shall receive no other compensation for any service he performs in his official capacity. Ordinary. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Citation. To Whom it May Concern: Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following Bill:

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An Act entitled, An Act to amend an Act of the legislature relative to Colquitt County compensation of officials, said Act to change the amount of compensation, and for other purposes. This 22nd day of December, 1960. /s/ David Newton /s/ Dorsey Matthews /s/ Sam Gardner, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David 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 Observer, which is the official organ of said county, on the following dates: December 23 and 30, 1960 and January 6, 1961. /s/ David L. Newton, Representative, Colquitt County. Sworn to and subscribed before me, this 17th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved April 5, 1961.

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ACT PROVIDING FOR LOCAL GOVERNMENT IMPROVEMENT COMMISSIONS IN CERTAIN COUNTIES REPEALED. No. 477 (House Bill No. 463). An Act to repeal an Act entitled An Act to authorize the establishment in certain counties and municipalities of a commission to be named the Local Government Improvement Commission; to provide for studies, investigations and determinations as to the feasibility of combining duplicative governmental services; to provide for recommendations relative to the combining of such services; to provide for the appointment of members; to provide for qualifications; to provide for payment of expenses; to provide for the employment of personnel; to provide a date for rendering reports; to provide for the method of activation of the commission; to repeal conflicting laws; and for other purposes., approved March 4, 1955 (Ga. L. 1955, p. 2635); to abolish in any such county or municipality the Local Government Improvement Commission created pursuant to said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to authorize the establishment in certain counties and municipalities of a commission to be named the Local Government Improvement Commission; to provide for studies, investigations and determinations as to the feasibility of combining duplicative governmental services; to provide for recommendations relative to the combining of such services; to provide for the appointment of members; to provide for qualifications; to provide for payment of expenses; to provide for the employment of personnel; to provide a date for rendering reports; to provide for the method of activation of the commission; to repeal conflicting laws; and for other purposes., approved March 4, 1955 (Ga. L. 1955, p. 2635), is hereby repealed, and the Local Government Improvement Commission existing in any

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such county or municipality, which was created pursuant to said Act, is hereby abolished. 1955 Act repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. CITY OF COLUMBUSMAYOR'S DUTIES. No. 478 (House Bill No. 273). An Act to amend an Act approved the 5th day of August, 1921, entitled, An Act to amend the charter of the City of Columbus; to abolish the offices of mayor and board of aldermen and certain other offices in said city; to provide for a form of government in said city composed of commissioners and a city manager, and to declare the rights and powers of said government; to amend or repeal such sections of the charter as may be deemed necessary to carry into effect the said commission-city manager form of government; to provide the means by which legislation for said city may be initiated by the voters of the city and referred to them for approval or rejection; to provide for a submission of this Act to a vote of the electors of said city for their approval or rejection, and for other purposes; this present Act amending section eleven (11) defining the duties and powers of the office of mayor by adding to said section eleven (11) the following provision: In the event the President of the United States or the Governor of the State of Georgia declares such emergency to exist, the mayor may take command of the police and govern the city by proclamation and maintain order and enforce laws until such time as the commission is able to convene; and for other purposes. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly approved on the 5th day of August, 1921, amending the Charter of the City of Columbus, and appearing on pages 800 to 850 inclusive, of the published Ga. L. 1921, be, and it is hereby amended by adding to section eleven (11) of said Act the following: In the event the President of the United States or the Governor of the State of Georgia declares such emergency to exist, the mayor may take command of the police and govern the city by proclamation and maintain order and enforce laws until such time as the commision is able to convene. Mayor. So that said section eleven (11) of said Act, when so amended, shall read as follows: Mayor. Election . Sec. 11. The city commission shall at the time of organization elect one of its members as mayor for the term of one year. In case the members of the commission, within five days after the time fixed for their organization meeting, are unable to agree upon a mayor of said commission, then a mayor shall be elected from all the members of said commission by lot, conducted by the city attorney, who shall certify the result of such election upon the journal of the commission. Duties and Powers . The mayor shall preside at all meetings of the commission and perform such other duties consistent with the office as may be imposed by it; and shall have a voice and vote in its proceedings, but no veto. The mayor may use the title of mayor in any case in which the execution of legal instruments of writing or other necessity arising where the general laws of the State, or provisions of the present charter of Columbus, not conflicting with this Act so require, but this shall not be construed as conferring upon the mayor the administrative or judicial functions of a mayor under the

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general laws of the State. In case of absence, death, sickness or disability from any cause, the mayor shall be unable to act, any other commissioner designated by the remaining commissioners may discharge the duties and functions of the mayor. The mayor of the city shall be recognized as the official head of the city by the courts for the purpose of serving civil process, by the governor for the purpose of military law and for all ceremonial purposes. In times of danger or emergency, the mayor may, with the consent of the commission, take command of the police and govern the city by proclamation and maintain order and enforce laws. In the event the President of the United States or the Governor of the State of Georgia declares such emergency to exist, the mayor may take command of the police and govern the city by proclamation and maintain order and enforce laws until such time as the commission is able to convene. Section 2. That all Acts or parts of Acts in conflict herewith are hereby repealed. Section 3. That there is hereby attached, incorporated herein, and made a part hereof, a copy of the notice of intention to apply for the enactment hereof, with the certificate of the publisher of the newspaper in which Sheriff's advertisements for the locality affected hereby are published, said certificate showing that notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the Bill providing for this Act into the General Assembly. Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia: Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1961, for the passage of a Bill entitled as follows: An Act to amend an Act approved the 5th day of

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August 1921, entitled, `An Act to amend the charter of the City of Columbus; to abolish the offices of mayor and board of aldermen and certain other offices in said city; to provide for a form of government in said city composed of commissioners and a city manager, and to declare the rights and powers of said government; to amend or repeal such sections of the charter as may be deemed necessary to carry into effect the said commission-city manager form of government; to provide the means by which legislation for said city may be initiated by the voters of the city and referred to them for approval or rejection; to provide for a submission of this Act to be a vote of the electors of said city for their approval or rejection, and for other purposes'; this present Act amending section eleven (11) defining the duties and powers of the office of mayor by adding to said section eleven (11) the following provision: `In the event the President of the United States or the Governor of the State of Georgia declares such emergency to exist, the mayor may take command of the police and govern the city by proclamation and maintain order and enforce laws until such time as the commission is able to convene'; and for other purposes. This the 4th day of January, 1961. /s/ Lennie F. Davis, City Attorney. Publish: Jan. 6, 1961; Jan. 13, 1961; Jan. 20, 1961. Georgia, Muscogee County: Personally appeared before me, the undersigned attesting witness, a notary public in and for said State and County, M. R. Ashworth, who, on oath, deposes and says that he is the publisher of the Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements

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for said county are published; and that the foregoing and attached Notice was duly published in said newspaper once a week for three weeks, to-wit: on January 6th, 1961, January 13th, 1961 and January 20, 1961. /s/ M. R. Ashworth Sworn to and subscribed before me, this the 20th day of January, 1961. /s/ Louise T. Chalkley, Notary Public, Muscogee County, Georgia. (Seal). Approved April 5, 1961. COMPENSATION OF TAX COLLECTORS IN CERTAIN COUNTIES FOR COLLECTING SCHOOL TAXES. No. 480 (House Bill No. 353). An Act to amend an Act providing that the tax collector in certain counties shall be paid from ad valorem school taxes collected for the county board of education a commission of three and one-half percent (3%) of the net amount collected by him, approved March 4, 1955 (Ga. L. 1955, p. 2757), so as to change the population and census figures; 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 providing that the tax collector in certain counties shall be paid from ad valorem school taxes collected for the county board of education a commission of three and one-half percent (3%) of the net amount collected by him, approved March 4, 1955 (Ga. L. 1955, p. 2757), is hereby amended by striking from the title the following:

Page 3402

9,950 and not less than 9,800, according to the 1950 United States Census, Where applicable. and substituting in lieu thereof the following: 8,150 and not less than 7,950, according to the 1960 United States Census, so that when so amended, the title of said Act shall read as follows: An Act to provide that the tax collector in all counties of this State having a population of not more than 8,150 and not less than 7,950, according to the 1960 United States Census or any future United States Census, shall be paid from ad valorem school tax collected for the county board of education a commission of three and one-half percent (3%) of the net amount collected by him; to repeal conflicting laws; and for other purposes. Section 2. Said Act is further amended by striking from section 1 the following: 9,950 and not less than 9,800, according to the United States Census of 1950, and substituting in lieu thereof the following: 8,150 and not less than 7,950, according to the 1960 United States Census, so that when so amended section 1 shall read as follows: Section 1. The tax collector in all counties of this State having a population of not more than 8,150 and not less than 7,950, according to the 1960 United States Census, or any future United States Census, shall be paid from the ad valorem school tax collected for the county board of education a commission of three and one-half percent (3%) of the net amount collected. School taxes. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961.

Page 3403

CITY OF SPRING PLACEAD VALOREM TAXES, REFERENDUM. No. 481 (House Bill No. 295). An Act to amend an Act granting a new charter to the City of Spring Place, approved March 19, 1957 (Ga. L. 1957, p. 3345), so as to provide that an ad valorem tax, not to exceed five mills, may be levied; to clarify the provisions relating to the tax levy; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the Geleral Assembly of Georgia: Section 1. An Act granting a new charter to the City of Spring Place, approved March 19, 1957 (Ga. L. 1957, p. 3345), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. Said mayor and council shall have the right to require a license to conduct any and all types and kinds of business or businesses in said city, and set the cost or fee, or both, for such license. An ad valorem tax not to exceed five mills may be levied and the mayor and council are hereby authorized to set up the necessary method for making tax returns, issuing fi. fas., collecting such fi. fas. by seling real or personal property to satisfy the same, and authorizing the marshal to make and execute deeds of title to the purchaser of such property at such tax sale. All of such sales shall be held on the first Tuesday in each month, between the hours of 10:00 a.m. and 4:00 p.m. at the place of holding the elections for said city. Personal property may be sold by advertising the same by posting three notices in said city 10 days before such sale, and real property may be sold after advertising the same for four weeks in a newspaper published in said county. Taxes. Section 2. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows:

Page 3404

Section 9. At the first meeting of the mayor and council in each year they shall determine what licenses are to be issued and the cost thereof, and if an ad valorem tax is levied, they shall order all property in said city to be returned for taxation, and the returns entered in a return book kept for this purpose, and all property in the said city limits shall be taxable that year. All fines, license, fees, taxes and other city funds shall be deposited and held by the mayor, subject to orders of the council. He shall give a bond to the city council in the sum of $1,000.00 for the faithful performance of his duties. This authority to receive and disburse funds may be delegated, by a majority vote of said mayor and council, to any one who is qualified to hold office in the city under this charter, or this authority, may be delegated by said mayor and council by a majority vote of that body, to any one who is a registered voter as described hereinabove. Same, determination. Section 3. Not less than 30 nor more than 90 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of Spring Place to issue the call for an election for the purpose of submitting this Act to the voters of Spring Place for approval or rejection. The governing authority shall set the date of such election for a day not less than 15 nor more than 30 days after the date of the issuance of the call. The governing authority shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Spring Place, and if there be no official organ of Spring Place, in the official organ of the county. The ballot shall have written or printed thereon the words: For approval of the Act authorizing the levy of an ad valorem tax not to exceed five mills. Referendum. Against approval of the Act authorizing the levy of an ad valorem tax not to exceed five mills.

Page 3405

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 Spring Place. It shall be the duty of the governing authority to hold and conduct such election. The governing authority shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Georgia, Murray County. To Whom it May Concern: This is to give notice that I will introduce a bill in the 1961 Legislature of Georgia to amend the charter of Spring Place, Ga., to enable said city to assess and collect taxes. The same shall be subject to a vote of the qualified voters of Spring Place, Ga. This 22 day of Dec., 1960. /s/ Chas. A. Pannell, Representative-Elect, Murray County, Ga. Georgia, Murray County. I, Smythe Newsome, do hereby certify that I am publisher

Page 3406

and owner of the Chatsworth Times, the newspaper in which sheriff's advertisements appear in Murray County, and that the attached copy of Notice of Intention to introduce local legislation was published in said paper on the following days, to-wit: December 22, 1960, December 29, 1960 and January 5, 1961. /s/ Smythe Newsome. Sworn to and subscribed before me this 21st day of January, 1961. /s/ Wyatt Mullinax, Notary Public, Murray County, Georgia. My commission expires June 20, 1961. (Seal). Approved April 5, 1961. EXPENSE ALLOWANCES FOR COMMISSIONERS OF ROADS AND REVENUES IN CERTAIN COUNTIES. No. 482 (House Bill No. 369). An Act to amend an Act entitled An Act to provide for an expense allowance for the commissioner of roads and revenues in certain counties; to repeal conflicting laws; and for other purposes., approved March 21, 1958 (Ga. L. 1958, p. 2706), so as to change the population and census figures therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for an expense allowance for the commissioner of roads and revenues in certain counties; to repeal conflicting laws; and for other purposes., approved March 21, 1958 (Ga. L. 1958, p. 2706), is hereby amended by striking from section 1 thereof the words and figures not less than 4,050 and not more than 4,500, according to the United

Page 3407

States Census of 1950, and substituting in lieu thereof the words and figures not less than 2,700 and not more than 3,250, according to the United States Census of 1960,; so that when so amended Section 1 of said Act shall read as follows: Section 1. In all counties of this State having a population of not less than 2,700 and not more than 3,250, according to the United States Census of 1960, or any future census, the commissioner of roads and revenues shall receive the sum of sixty ($60.00) dollars per month as an expense allowance which shall be in addition to all other compensation and allowances now authorized by law. Said sum shall be paid each month from the funds of any such county. Where applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. COBB COUNTYFIRE PREVENTION DISTRICTS. No. 484 (House Bill No. 636). An Act to amend an Act providing for the establishment of fire prevention districts in Cobb County, approved March 4, 1955 (Ga. L. 1955, p. 2597, et. seq.) as amended, so that to provide for the deletion of area from a fire prevention district, the addition of area to a fire prevention district and altering and redefining of the areas of fire prevention district; and to provide that no fire prevention district shall be reduced or altered when the taxes from such district are pledged for indebtedness; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the establishment of fire prevention districts in Cobb County, approved March

Page 3408

4, 1955 (Ga. L. 1955, p. 2597, et. seq.) as amended, is hereby amended by adding to section 7 thereof the following words: provided, that the area of any fire prevention district within which authorized taxes are pledged as security for any indebtedness shall not be reduced in size or altered in any manner until such indebtedness shall have been paid., so that said section 7 when so amended shall read as follows: Section 7. The governing authorities of Cobb County are hereby authorized to borrow such sums as are necessary in their discretions to effectuate the purposes and construct and maintain the projects hereinbefore authorized, to execute evidence of indebtedness therefor and to secure the payment of such indebtedness by the pledge of tax revenues authorized hereunder therefor, provided, that the area of any fire prevention district within which authorized taxes are pledged as security for any indebtedness shall not be reduced in size or altered in any manner until such indebtedness shall have been paid. Changes in districts. Section 2. An Act providing for the establishment of Fire Prevention Districts in Cobb County, approved March 4, 1955 (Ga. L. 1955, p. 2597, et. seq.) as amended, is hereby amended by adding the following section to said Act to be known as section 9: Section 9. (A.) The governing authorities shall have the power within their discretion after the establishment of any fire prevention district to delineate and delete portions of such fire prevention district that may have been encompassed into a municipality subsequent to the creation of such fire prevention district whereby fire protection is provided to the involved area by such municipality, and the further authority to delineate and delete portions of any established, or hereafter established, fire prevention district, all within the sound discretion of the governing authorities. Same.

Page 3409

(B.) The governing authorities shall have the further power and authority to include additional contiguous areas to any previously created fire prevention district upon the approval of the people in the area to be annexed under the same procedures and methods provided in this Act for the initial creation of any fire prevention district. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that there will be introduced at the January 1961 Session of the General Assembly of Georgia, a Bill to amend Georgia Laws 1955 session, page 2597, et. seq. and amendments thereto, dealing with fire prevention districts in Cobb County and for other purposes. This 29th day of December, 1960. /s/ Harold Willingham, /s/ Joe Mack Wilson, /s/ E. W. Teague, Representatives, Cobb County, Georgia. Georgia, Cobb County. Personally appeared before the undersigned, authorized to administer oaths, Brooks Smith, who, first being placed on oath, deposes, says and certifies that he is the publisher of the Marietta Daily Journal, the official gazette in which newspaper are published sheriff's advertisements for Cobb County, Georgia, encompassing the locality affected by the above Act; and affiant further states that the above and foregoing notice attached hereto and made a part hereof by reference was published in the Marietta Daily Journal editions on December 30,

Page 3410

1960, January 6, 1961 and January 13, 1961, all as required by law and Section 47-801 of the Georgia Code. /s/ Brooks Smith, Publisher The Marietta Daily Journal Marietta, Georgia. Sworn to and subscribed before me, this 21st day of February, 1961. /s/ Robert E. Flounroy, Jr., Notary Public, Cobb, County, Georgia. (Seal). Approved April 5, 1961. CITY COURT OF GRIFFINSALARIES OF JUDGE AND SOLICITOR. No. 485 (House Bill No. 356). An Act to amend an Act establishing the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), and all Acts amendatory thereof, so as to change the salaries of the judge and solicitor of such court; and provide for the payment of the same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 3 of an Act approved December 14, 1897, establishing the City Court of Griffin, as amended, and finally amended by an Act approved February 21, 1951 (Ga. L. 1951, Vol. II, p. 2768), is hereby amended by striking from said section of said Act the words twenty-seven hundred ($2700.00) and inserting in lieu thereof the words forty-nine hundred ($4,900.00), so that section 3, when so amended, shall read as follows:

Page 3411

Section 3. Be it further enacted by authority of the same, that there shall be a judge of the city court, who shall be elected by the qualified voters of the County of Spalding and whose term of office shall be four years, and all vacancies in the said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under this provision of this Act shall be at the same time and place and under all the rules and regulations provided for the election of the county officers of Spalding County, Ga., in October, 1908, and shall be for a term of four years beginning January 1st, 1909. Subsequent elections shall be held at intervals of four years from date of this first election. The Judge of the City of Griffin shall receive a salary of forty-nine hundred ($4,900.00) dollars per annum, which shall not be diminished during his term of office, and which shall be paid monthly on the receipt of the said judge out of the treasury of Spalding County. And it shall be the duty of the commissioners of roads and revenues of said county to make provision for this purpose in levying county taxes. Judge. Section 2. Section 5 of an Act approved December 14, 1897, establishing the City Court of Griffin, as amended, and finally amended by an Act approved February 21, 1951 (Ga. L. 1951, Vol. II, p. 2768), is hereby amended by striking from said section of said Act the words twenty-seven hundred ($2,700.00) and inserting in lieu thereof the words forty-nine hundred ($4,900.00), so that section 5, when so amended, shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that there shall be a Solicitor of the City Court of Griffin, to be elected by the qualified voters of the County of Spalding whose term of office shall be four years and all vacancies in said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under the provisions of this Act shall be held at the same time and place and under all the rules and regulations provided for the election of county officers of Spalding County on

Page 3412

October 19, 1908, and shall be for a term of four years beginning Jan. 1st, 1909. Subsequent elections at intervals of four years from the date of the first election at the regular election for county officers. Any person to be eligible to the position of solicitor of the city court must have reached the age of twenty-five years and must have practiced law at least three years and must have been a citizen of Spalding County at least three years. The said solicitor shall receive for each written accusation filed with the clerk of the court the sum of $6.25, and also shall receive for each person prosecuted to trial or plea of guilty for any offense the sum of $6.25 and his fees for all other services rendered shall be the same as are allowed a solicitor-general of the superior court, and for his services in the Supreme Court he shall be paid out of the treasury of the State in the same manner as the solicitor-general of the Superior Court is paid for like services, provided that at the end of each term of the city court the solicitor of the City Court of Griffin shall collect the full amount of his fees at the distribution of the same by the judge of the city court and pay over the same into the treasury of the County of Spalding and at all times he shall collect and pay over into the treasury of said county all the money he receives under this fee system. For all his services the said solicitor shall receive a salary of forty-nine hundred ($4,900.00) dollars per annum which shall be paid him monthly out of the treasury of Spalding County upon receipt of said Solicitor of the City Court of Griffin and said salary shall not be diminished during his term of office and his salary shall be his only compensation for the services rendered by the said Solicitor of the City Court of Griffin. Before entering upon the duties of his office the said solicitor shall give a bond payable to the Governor and his successors in office with good security to be approved by the judge of said court, in the sum of two thousand ($2000.00) dollars, conditioned to account for all money which may come into his hands as solicitor and for the faithful discharge of the duties of said office, and in addition to the oath required of all civil officers take and subscribe the following oath: I do swear that I will faithfully

Page 3413

and impartially and without fear, favor or affection, discharge my duties as Solicitor of the City Court of Griffin, so help me God. Said bond and oath shall be entered on the minutes of the court by the Clerk of the City Court of Griffin and may be sued on by any person interested. In case of his absence or disqualification to act in any case, the court shall have power to appoint a solicitor pro tem. Solicitor. Section 3. Be it further enacted that nothing in this Act shall be construed as affecting the contingent expense allowance of the Judge and Solicitor of the City Court of Griffin as authorized by an Act approved February 8, 1955 (Ga. L. 1955, Vol. II, p. 2208). Intent. Section 4. That 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 at the next session of the General Assembly of Georgia, to convene in January, 1961, with the approval of the Board of Commissioners of Roads and Revenues of Spalding County, there will be introduced a Bill to provide for a change in compensation of the Judge and Solicitor of the City Court of Griffin; and for other purposes. This 21st day of December, 1960. /s/ Claude Christopher, /s/ John H. Goddard. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton, who, on oath, deposes and says that he is Representative 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:

Page 3414

23rd day of December, 30th of December, 1960, and January 6, 1961. /s/ Arthur K. Bolton, Representative, Spalding County. Sworn to and subscribed before me, this 30th day of January, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. Approved March 31, 1961. FUNDS TO COUNTY BOARDS OF EDUCATION IN COUNTIES OF OVER 500,000 POPULATION. No. 486 (House Bill No. 308). An Act to amend an Act approved July 22, 1929, (Ga. L. 1929, p. 225), as amended by an Act approved August 27, 1931, (Ga. L. 1931, p. 134), as amended by an Act approved February 12, 1943, (Ga. L. 1943, p. 633), which said Act as heretofore amended provides for supplementing the funds of the county board of education of all counties having a population of not less than 200,000 by payment from funds in the treasury of such counties derived from any source other than from taxation, so as to delete from said Act and the caption thereof the figures and language, having a population of not less than 200,000 and inserting in lieu thereof wherever said language appears the following, having a population of not less than 500,000 according to the 1960 United States census or any future census, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same:

Page 3415

Section 1. That from and after the passage and approval of this Act an Act approved July 22, 1929, (Ga. L. 1929, p. 225), as amended by an Act approved August 27, 1931 (Ga. L. 1931, p. 134), as amended by an Act approved February 12, 1943, (Ga. L. 1943, p. 633), be, and the same is hereby, amended by deleting from the caption of said Act the following language and figures, having a population of not less than 200,000, and inserting in lieu thereof wherever the same shall appear the following figures and language, having a population of not less than 500,000 according to the United States census of 1960 or any future census. Section 2. That section 1 of said Act be amended by deleting therefrom the following figures and language, having a population of not less than 200,000 by the last or any future census of the United States, and inserting in lieu thereof wherever the same shall appear the following figures and language, having a population of not less than 500,000 according to the United States census of 1960 or any future census. Section 3. That section 2 of said Act be, and the same is hereby, amended by deleting the following language wherever the same shall appear, having a population of not less than 200,000 by the last or any future, census of the United States, and inserting in lieu thereof, having a population of not less than 500,000 by the last or any future census of the United States. Section 4. It is the purpose and intent of this Act that said Act as amended shall be applicable in counties having a population of not less than 500,000 according to the United States census of 1960 or any future census. Intent. Section 5. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved April 5, 1961.

Page 3416

MERIWETHER COUNTYTAX COMMISSIONER PLACED ON SALARY BASIS, REFERENDUM. No. 487 (House Bill No. 278). An Act to amend an Act consolidating the offices of tax-receiver and tax-collector of Meriwether County, Georgia, and to create the office of tax commissioner of Meriwether County, approved March 10, 1933, (Ga. L. 1933, p. 614), so as to change the compensation of said tax commissioner from a fee system to a salary basis; to provide for the employment and compensation of clerks and secretaries; to provide for the disposition of fees, costs and for other purposes; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax-receiver and tax-collector of Meriwether County, Georgia, and to create the office of tax commissioner of Meriwether County, approved March 10, 1933, (Ga. L. 1933, p. 614), is hereby amended by striking from said Act, section 4 in its entirety, and inserting in lieu thereof a new section 4 which shall read as follows: Section 4 (a). The compensation of the tax commissioner of Meriwether County is hereby placed on a salary basis in lieu of a fee basis. The tax commissioner shall be compensated in the amount of seven thousand five hundred ($7,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Meriwether County, plus those commissions authorized by law for the issuance of automobile tags. Provided however, said tax commissioner shall not be entitled to those fees and commissions as provided for the collection of taxes in the Georgia Code Ann. section 92-5304. Salary. (b) Notwithstanding the above, such compensation shall be in lieu of all fees, costs, commissions and perquisites of whatever kind, heretofore received by the

Page 3417

tax commissioner of Meriwether County. All fees, costs, commissions and all other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected by the tax commissioner of Meriwether County, shall be received and collected by said tax commissioner for the sole use of Meriwether County, and it shall be the property of Meriwether County. Such funds shall be held as public funds belonging to Meriwether County and shall be accounted for and paid to the fiscal authority of said county by the first Wednesday of each month for the immediately preceding month, accompanied by an itemized statement, under oath, showing the collections and the sources from which collected. (c) The tax commissioner shall be authorized to employ such assistants as are necessary to assist him in the performance of his duties. The compensation and hiring of such assistants shall be upon approval by the county governing authority. Assistants. (d) The governing authority of Meriwether County upon approval of such expenses, shall furnish the necessary office supplies, material and expenses for utilities for the office of tax commissioner. Supplies. Section 2. Not less than 20 nor more than 40 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 Meriwether County to issue the call for an election for the purpose of submitting this Act to the voters of Meriwether County for approval or rejection. The Ordinary shall set the date of such election not less than 20 nor more than 30 days after his call. The Ordinary shall cause the date and purpose of the election to be published at least once preceding the date thereof in the official organ of Meriwether County. The ballot shall have written or printed thereon the words: For approval of the Act placing the compensation of the Tax Commissioner of Meriwether County on a salary basis in lieu of a fee basis. Referendum.

Page 3418

Against approval of the Act placing the compensation of the Tax Commissioner of Meriwether County on a salary basis in lieu of a fee basis. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If less than the 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 Meriwether 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. The Ordinary is hereby authorized to combine the provisions of this referendum with any other provisions for a referendum in any other Act passed at the 1961 Session of the General Assembly. Section 3. In the event this Act is approved in the referendum provided for above, it shall become effective January 1, 1963. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. This is to certify that the attached copy of legislation to be introduced in January 1961 session of the Georgia General Assembly has been printed three consecutive weeks in the Meriwether Vindicator, the official paper of Meriwether County. The above is verified upon oath by Mrs. R. K. Stovall, editor and publisher of the Meriwether Vindicator.

Page 3419

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a Bill to place the tax commissioner of Meriwether County on a salary basis in lieu of a fee basis; to provide a referendum; and for other purposes. This 24th day of December, 1960. /s/ Render Hill, Representative, Meriwether County. /s/ Mrs. R. K. Stovall, Editor-Publisher. Sworn to and subscribed before me, this Jan. 16, 1961. /s/ John Head, Ordinary, Meriwether Co., Ga. (Seal). Approved April 5, 1961. CLARKE COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 488 (House Bill No. 693). An Act to amend an Act amending all the several Acts creating and relative to the board of commissioners of roads and revenues of Clarke County, Georgia, approved March 21, 1958, (Ga. L. 1958, p. 2823), as amended, so as to change the compensation of the chairman and the members of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending all of the several Acts creating and relative to the board of commissioners of

Page 3420

roads and revenues of Clarke County, Georgia approved March 21, 1958, (Ga. L. 1958, p. 2823), as amended, is hereby amended by striking section 1 of said Act in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. Be it and it is hereby enacted by the General Assembly of Georgia that the board of commissioners of roads and revenues of Clarke County, Georgia, shall receive the following compensation: The chairman of said board shall receive as compensation for his duties in connection with the office the sum of $175.00 per month as salary and an allowance in the amount of $50.00 per month as expenses. The two other members of said board shall receive the sum of $150.00 per month as salary and as an allowance the sum of $50.00 per month as expenses. The said salaries and expenses to be paid by the treasurer of the County of Clarke on an order drawn and signed by the chairman of said board of commissioners and signed by the clerk of said board, in monthly installments, or otherwise, as may be ordered by said board. Salaries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher. Georgia, Clarke County. Personally appeared before the undersigned officer, E. B. Braswell, publisher of the Athens Banner-Herald, the official organ and gazette of Clarke County, Georgia, and the newspaper published in Clarke County, Georgia, wherein sheriff's sales are advertised 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 February 10, 17, and 24, 1961. /s/ E. B. Braswell.

Page 3421

Sworn to and subscribed before me, this 24th day of February 1961. /s/ Upshaw C. Bentley, Jr., Notary Public, Clarke County, Ga. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1961 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 Clarke County; and for other purposes. This 7th day of February, 1961. /s/ Chappelle Matthews, /s/ Julian H. Cox, Sr., Representatives, Clarke County, Georgia. Approved April 5, 1961. CITY OF ATLANTACHIEF DEPUTY MUNICIPAL REVENUE COLLECTOR. No. 489 (House Bill No. 251). An Act to amend an Act creating a new charter for the City of Atlanta, approved February 28, 1874, and several Acts amendatory thereof, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the said Act described in the caption hereof, as amended, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publications

Page 3422

of such notice as required by law are attached hereto and made a part of this Bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for passage of this local legislation have been complied with for the enactment of this law. Section 2. There is hereby created in the department of municipal revenue collector the position of chief deputy municipal revenue collector who shall be chief deputy, ex-officio marshal have and chief deputy treasurer of the City of Atlanta. He shall have and exercise all the powers of the municipal revenue collector or the ex-officio marshal or the treasurer of the City of Atlanta in the absence of, or in case of the disability of, the municipal revenue collector in his several capacities and as such, during the absence or disability of the municipal revenue collector, shall be the head of the department and shall have and exercise as such all the powers, duties and authority of the municipal revenue collector. His compensation shall be the same as the present incumbent of the office of assistant municipal revenue collector who is now acting as chief deputy. Office created. Section 3. The said chief deputy shall be subject to all the applicable civil service laws of the city but the present incumbent of the office of assistant municipal revenue collector who is now acting chief deputy shall be the chief deputy until the termination of his employment as such. Civil service. Section 4. The successor to the chief deputy municipal revenue collector and ex officio marshal shall be appointed by the municipal revenue collector upon proper certification by the personnel director from applicable civil services list. Vacancies. Section 5. The chief deputy municipal revenue collector shall make such bond as may be required by the governing authorities of the City of Atlanta and shall take and subscribe to an oath to uphold all the laws of the

Page 3423

State of Georgia and to faithfully perform the duties of his office in addition to the oath required of public officials by the laws of the State of Georgia. He shall have authority to make investigations, serve warrants and make arrests in the performance of these duties. Oath. Section 6. All laws and parts of laws conflicting herewith are hereby repealed. Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 15, 22, 29 days of December, 1960, and on the 5, 12, 19 days of January 1961, as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 23 day of January, 1961. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1963. (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 1961 session of the General Assembly of Georgia, which convenes on Monday, January 9, 1961, to amend the charter of the City of Atlanta, the title to such Bill or Bills to be as follows:

Page 3424

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 13th day of December, 1960. /s/ J. C. Savage, City Attorney, City of Atlanta. Approved April 5, 1961. DODGE COUNTYSPECIAL DEPUTY SHERIFF. No. 490 (House Bill No. 440). An Act to amend 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 approved March 10, 1959, (Ga. L. 1959, p. 2721), so as to provide for an additional deputy sheriff; to provide for the special duties of said deputy sheriff; to provide for the payment of a salary for said deputy sheriff; 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. An Act to amend an Act 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 approved March 10, 1959, (Georgia Laws 1959, page 2721), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 so that the same as amended will read as follows:

Page 3425

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. In addition thereto the sheriff may, with the prior approval of the commissioner of roads and revenues of Dodge County, employ an additional deputy, who shall have the special duty, in addition to the regular duties of a deputy sheriff, to collect and preserve all delinquent state, county and school taxes and special levies to retire county and school bonds and to levy all tax fi. fas. placed in the hands of the sheriff or his deputy, by a tax commissioner of Dodge County, as well as any tax fi. fas. that may presently be in the sheriff's possession. Said deputy shall by the 10th day of each month pay over to the tax commissioner of Dodge County all taxes collected and shall make a monthly report thereof to the tax commissioner of Dodge County, furnishing a copy of said reports to the commissioner of roads and revenues of Dodge County. Nothing herein contained shall keep said deputy sheriff from performing any other duty assigned to him by the sheriff, nor shall the sheriff be relieved of any duty imposed on him by law to levy any tax fi. fas. placed in his hands. Said Deputy sheriff shall be subject to removal from office by either the sheriff or the commissioner of roads and revenues of Dodge County. Said deputy sheriff shall be paid a salary of $200.00 per month out of the general funds of said county by the commissioner of roads and revenues of said county. Said deputy sheriff shall enter into a bond in the sum of $5,000.00 payable to the sheriff and conditioned upon the faithful performance of his duties as such deputy sheriff and the premium on said bond shall be paid out of the general county funds. Said sheriff may employ such other deputies, as are authorized by law, at his expense. Section 2. The salary herein provided for shall be payable on the first of the month following final passage

Page 3426

and approval of this Act and thereafter on the first day of each succeeding month that said deputy sheriff is employed. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Dodge County. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of Georgia, a bill to provide for a special tax deputy to the sheriff of Dodge County, Georgia, to provide for a salary of such special tax deputy of $200.00 per month, to provide for the duties of said special tax deputy; and for other purposes. This 4th day of January, 1961. /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 the said Times-Journal in the issues appearing on January 4th, 11th and 18, 1961. This January 30, 1961. /s/ E. T. Methvin. Sworn to and subscribed before me, this January 30, 1961. /s/ Walter D. Harrington, Notary Public, Dodge County, Georgia. (Seal). Approved April 5, 1961.

Page 3427

CITY OF FOREST PARKCORPORATE LIMITS. No. 491 (House Bill No. 655). 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; and several Acts amendatory to this charter; to prescribe its limits; to provide for the annexations to the limits of said city; to provide for the extension of the present city limits of said city; to give municipal powers and authority over all of said described annexed area, when annexed, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notice is hereby given 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, 1961, 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 mayor and council of said town and prescribe their duties and powers and the manner of their elections; to provide for the government of said town; to provide for the city government to open and close public roads, sidewalks and other public and private ways; to provide that the polls at all city elections will open at 7:00 a. m. and close at 7:00 p. m.; to provide that the governing body may call elections for a referendum in any and all proposed changes in the city limits and provide for a mayor and seven (7) councilmen in the City of Forest Park; to provide for the registration of voters and the hours therefor; to provide for the safekeeping of the ballots after consolidation and the disposition thereof; to provide for the repeal of all laws that are in conflict with the charter and the several Acts amendatory to this charter; and for other purposes. Section 2. Extending the City Limits of the City of Forest Park . Be it further enacted by the General Assembly

Page 3428

of the State of Georgia, and it is enacted by the same, 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 46 of the 13th district of Clayton County, Georgia, more particularly described as follows: Beginning at a point on the south line of land lot 46 of the 13th district of Clayton County, Georgia, at the west side of Tanglewood Lane and running thence south 89-degrees west along said land lot line a distance of 490 feet; thence north 1-degree west 980 feet; thence north 89-degrees east 490 feet to the west side of Tanglewood Lane; running thence south 1-degree east along the west side of Tanglewood Lane 980 feet to the point of beginning. and Parcel 2 : All that tract or parcel of land lying and being in land lot 209 of the 12th district of Clayton County, Georgia, more particularly described as follows: Beginning at a point on the west line of said land lot (which line is also the district line between district 12 and 13) said point of beginning being 628 feet north of the north side of Watts Road; running thence north 1-degree west along said land lot line 218 feet; thence north 89-degrees east 160 feet; thence north 26-degrees east 471 feet; thence south 89-degrees east 625 feet; thence south 9-degrees east 420 feet; thence north 89-degrees west 72.3 feet; thence south 2-degrees east 450 feet; thence south 89-degrees west 149 feet; thence south 2-degrees east 208 feet to the north side of Watts Road; thence westerly along the north side of Watts Road 421 feet; thence north 7-degrees west 213 feet; thence south 74-degrees east 150 feet; thence north 225 feet; thence south 89-degrees east 59 feet; thence north 210 feet; thence west 210 feet to the west line of the land lot 209 and the point of beginning. and Parcel 3 : All that tract or parcel of land lying and

Page 3429

being in land lot 48 of the 13th district of Clayton County, Georgia, and more particularly described as follows: Beginning at a point on the west side of State Highway #54 on the present city limit line, said point being 440 feet, more or less, north of Astor Avenue, and running thence northerly along the west side of State Highway #54 a distance of 262 feet; thence south 89-degrees west 230 feet; thence south 1-degree east 260 feet; thence north 89-degrees east 300 feet to the west side of State Highway #54 and the point of beginning. Section 3. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Clayton County. Personally appeared before me, the undersigned, a notary public, came W. Reid Puckett, author of the attached Bill, who after being first duly sworn, says that the notice attached hereto has been published in the newspaper in which sheriff's advertisements for the locality is effected are published, once a week for three weeks, during the period of sixty (60) days immediately preceding its introduction into the General Assembly, as is required by Article 3, Section 7, Paragraph 15 of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice is Hereby Given 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, 1961, 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 mayor and council of said town and prescribe their duties and powers and the manner of their elections; to provide for the government of said town; to provide for the city government

Page 3430

to open and close public roads, sidewalks and other public and private ways; to provide that the polls at all city elections will open at 7:00 a. m. and close at 7:00 p. m.; to provide that the governing body may call elections for a referendum in any and all proposed changes in the city limits and provide for a mayor and seven (7) councilmen in the City of Forest Park; to provide for the registration of voters and the hours therefor; to provide for the safekeeping of the ballots after consolidation and the disposition thereof; to provide for the repeal of all laws that are in conflict with the charter and the several Acts amendatory to this charter; and for other purposes. /s/ W. Reid Puckett, Mayor, City of Forest Park. Sworn to and subscribed before me, this the 22nd day of February, 1961. /s/ B. F. Watson, Notary Public, Clayton, Georgia. My Commission Expires Dec. 3, 1963. (Seal). State of Georgia, County of Clayton. Publisher's Affidavit. Before me, the undersigned, a notary public, this day personally came M. F. Lee, who, being first duly sworn, according to law, says that she is the assistant publisher and editor of the Forest Park Free Press and Clayton County News and Farmer, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the application of which the annexed is a true copy, was published in said paper on the 4th day of January, 1961 and once a week thereafter for two weeks as provided by law.

Page 3431

Notice is Hereby Given 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, 1961, 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 mayor and council of said town and prescribe their duties and powers and the manner of their elections; to provide for the government of said town; to provide for the city government to open and close public roads, sidewalks and other public and private ways; to provide that the polls at all city elections will open at 7:00 a. m. and close at 7:00 p.m.; to provide that the governing body may call elections for a referendum in any and all proposed changes in the city limits and provide for a mayor and seven (7) councilmen in the City of Forest Park; to provide for the registration of voters and the hours therefor; to provide for the safekeeping of the ballots after consolidation and the disposition thereof; to provide for the repeal of all laws that are in conflict with the charter and the several Acts amendatory to this charter; and for other purposes. /s/ W. Reid Puckett, Mayor, City of Forest Park. This the 22 day of February, 1961. /s/ M. F. Lee, Assistant Publisher and Editor. Sworn to and subscribed before me, this 22 day of February, 1961. /s/ B. F. Watson, Notary Public, Clayton County, Georgia. My Commission Expires Dec. 3, 1963. (Seal). Approved April 5, 1961.

Page 3432

MUNICIPAL COURT OF SAVANNAHJUDGES' SECRETARY. No. 492 (House Bill No. 237). An Act amending an Act creating and establishing the Municipal Court of Savannah in the City of Savannah, approved August 13, 1915, (Ga. L. 1915, p. 124), as amended, by giving the chief judge of said court the power to appoint a secretary to the judges of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing the Municipal Court of Savannah in the City of Savannah, approved August 13, 1915, (Ga. L. 1915, p. 124), as amended, is hereby amended by adding to section 7 of said Act a new subsection to be known as section 7-A, which shall read as follows: Section 7-A. The Chief Judge of the Municipal Court of Savannah shall be authorized and empowered to appoint a secretary to the judges of said court. The secretary appointed pursuant to this subsection shall be designated as an employee in the unclassified service of the civil service of Chatham County. The salary of said secretary shall be paid out of the treasury of Chatham County and shall be fixed by the board of county commissioners of Chatham County on the recommendation of the Chief Judge of the Municipal Court of Savannah. 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, Ralph L. Crawford, 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

Page 3433

Legislation was published in the Savannah News-Press Inc., which is the official organ of said county, on the following dates: December 30, 1960, Jan. 6, 13, 1961. /s/ Ralph L. Crawford Representative, Chatham County Sworn to and subscribed before me, this 23rd day of January, 1961. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Sophia Herrell, Secretary, Savannah News-Press, Inc., who on oath deposes and says that 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, that the following: State of Georgia, Chatham County. Notice is hereby given of intention to introduce legislation at the 1961 session of the General Assembly of Georgia, amending the Act creating the Municipal Court of Savannah, and the acts amendatory thereof, so as to provide for a secretary for the judges of said court. /s/ Ralph L. Crawford has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 30, 1960, January 6, 13, 1961. /s/ Sophia Herrell

Page 3434

Sworn to and subscribed before me, this 20th day of January, 1961. /s/ Robbie Jo Miller Notary Public, Chatham County, Ga. My Commission Expires Mar. 24, 1964. (Seal). Approved April 5, 1961. CHIEFS OF POLICE OF CERTAIN COUNTIES. No. 493 (House Bill No. 312). An Act to repeal an Act approved March 25, 1947, (Ga. L. 1947, p. 456, et. seq.), relating to the position of the chief of police in all counties of this State having a population of 200,000 or more by the United States census of 1940 or any future United States census, as amended by an Act approved February 21, 1951, (Ga. L. 1951, p. 563, et. seq.), and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act an Act approved March 25, 1947, (Ga. L. 1947, p. 456, et. seq.) relating to the position of the chief of police in all counties of this State having a population of 200,000 or more by the United States census of 1940 or any future United States census, as amended by an Act approved February 21, 1951, (Ga. L. 1951, p. 563, et. seq.), be, and the same is hereby, repealed in its entirety, together with all Acts amendatory thereof. Where applicable, 1951 Act amended. Approved April 5, 1961.

Page 3435

COBB COUNTYSALARIES OF TAX COMMISSIONER AND CLERK. No. 494 (House Bill No. 634). An Act to amend an Act abolishing the office of the tax collector and tax receiver of Cobb County and consolidating said offices into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved February 12, 1951, (Ga. L. 1951, p. 2374), an Act approved February 24, 1953 (Ga. L. 1953, p. 2554), and an Act approved March 5, 1957 (Ga. L. 1957, p. 2329), so as to increase the salary of the tax commissioner and his chief clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the office of the tax collector and tax receiver of Cobb County and consolidating said offices into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved February 12, 1951 (Ga. L. 1951, p. 2374), an Act approved February 24, 1953 (Ga. L. 1953, p. 2554), and an Act approved March 5, 1957 (Ga. L. 1957, p. 2329), is hereby amended by striking from section 3 the figures $8,250 and $6,780 and substituting in lieu thereof the figures $9,500 and $7,500, respectively, so that when so amended, section 3 shall read as follows: Section 3. That the salary of said tax commissioner shall be $9,500.00 per annum to be paid monthly from the funds in the county treasury. The tax commissioner shall be allowed one chief clerk whose salary shall be $7,500.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of tax commissioner of Cobb County shall on the date of his qualifying for such office in either a primary or general election, certify to the Ordinary of Cobb County the name of the person he shall appoint as his chief clerk

Page 3436

in the event he is elected to the office of tax commissioner of Cobb County, and the person so named and certified by the successful candidate for such office shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have thirty days from said date of death or removal from office of said chief clerk to certify to the Ordinary of Cobb County the name of the chief clerk to be appointed by him. Salaries. Section 2. The provisions of this Act shall become effective on the first day of the month following that month in which this Act becomes law. Effective date. Section 3. 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 president of Times-Journal, Inc., publishers 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 27, February 3, and February 10, 1961. /s/ Brooks P. Smith Sworn to and subscribed before me, this 22nd day of February, 1961. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My Commission expires Sept. 13, 1964. (Seal). Notice to Introduce Local Legislation. Notice is hereby given of the Intention to amend an Act of the General Assembly of Georgia approved February 17, 1949 (Ga. L. 1949, pp. 790-794) and Acts amendatory

Page 3437

thereof to increase the compensation of tax commissioner of Cobb County, Georgia, and for other purposes. This 27th day of January, 1961. /s/ Raymond M. Reed, County Attorney, Cobb County, Georgia. Approved April 5, 1961. TRIAL OF TRAFFIC OFFENSES IN COUNTIES OF NOT LESS THAN 62,000 AND NOT MORE THAN 70,000 PERSONS. No. 495 (House Bill No. 676). An Act to provide in counties of the State of Georgia having a population of not less than 62,000, nor more than 70,000 according to the Federal census of 1960 and all future Federal census for the trial of all violations of traffic laws of the State of Georgia in the city court in the same manner as now provided for the trial of such cases in the court of ordinary in certain counties; to fix the costs in such cases; and for other related purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That in all counties having a population of not less than 62,000 nor more than 70,000 according to the Federal Census of 1960 and all future census, the provisions of the Act approved February 16, 1938, as found on pages 558-562 of Georgia Laws Ex. Sess. 1937-1938, sections 6, 7, 8, and 9 (Ga. Code Chapter 92A-5), relating to the mode of trying traffic offenses on a summons and a docket rather than accusation or indictment shall apply to the procedure in the city court of such counties. Trial in City Court, etc.

Page 3438

Section 2. The costs in such cases shall be the same as provided in section 5 of said act. Section 3. The provisions of section 10 of said Act relating to appeals to the superior court shall not apply to cases tried in the city court. Section 4. All acts or parts of acts which are unconsistent with the provisions of this act are hereby repealed. Section 5. This act shall take effect on the first day of May, 1961. Notice of Local Legislation. Notice is given of intention to introduce a bill in the General Assembly of Georgia for the year 1961 to authorize the trial in the City Court of Floyd County of all violations of the traffic laws of the State of Georgia in the same manner as now provided for the trial of such cases in the Court of Ordinary of certain counties; to establish the Court costs in such cases and for related purposes. /s/ Robert L. Scoggin /s/ J. Battle Hall /s/ Sidney Lowrey Jan. 23, 30, Feb. 6. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Scoggin, J. Battle Hall, Sidney Lowrey, who, on oath, deposes and says that they are Representatives 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

Page 3439

said county, on the following dates: January 23, 1961; January 30, 1961; February 6, 1961. /s/ Robert L. Scoggin /s/ Sidney Lowrey /s/ J. Battle Hall Representatives, Floyd County Sworn to and subscribed before me, this 27th day of February, 1961. /s/ Thomas B. Murphy Notary Public. Approved April 5, 1961. RECORDING OF PLATS AND SUBDIVIDING LAND IN COUNTIES OF OVER 500,000 POPULATION. No. 496 (House Bill No. 310). An Act to amend an Act to provide that in counties having a population of 200,000 or more according to the last United States census the recording of plats and subdividing of land shall be regulated by either the mayor and general council of cities or the Commissioner of Roads and Revenues and also prohibiting the subdivision of land in more than five (5) lots without an accurate map of such subdivision, approved August 15, 1921 (Ga. L. 1921, p. 219), as amended by an Act approved August 18, 1923, (Ga. L. 1923, p. 111), as amended by an Act approved August 1, 1927, (Ga. L. 1927, p. 318), so as to delete the population figures 200,000 and insert in lieu thereof the population figures 500,000, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same:

Page 3440

Section 1. That from and after the passage and approval of this Act an Act to amend an Act to provide that in counties having a population of 200,000 or more according to the last United States census the recording of plats and the subdividing of land shall be regulated by either the mayor and general council of cities or the commissioner of roads and revenues and also prohibiting the subdivision of land in more than five (5) lots without an accurate map of such subdivision, approved August 15, 1921, (Ga. L. 1921, p. 219), as amended by an Act approved August 18, 1923, (Ga. L. 1923, p. 111), as amended by an Act approved August 1, 1927, (Ga. L. 1927, p. 318), be, and the same is hereby, amended by striking the language and figures having a population of 200,000 or more inhabitants in the last United States census, wherever the same shall appear and inserting in lieu thereof the following language and figures having a population of 500,000 or more according to the last United States census or any future United States census. Where applicable. Section 2. That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved April 5, 1961. FULTON COUNTYTEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 497 (House Bill No. 381). 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, pp. 528-538), as heretofore amended by an Act approved March 5, 1957 (Ga. L. 1957, pp. 2574-2579), to remove any restriction or limitation on account of future participation in the Federal O.A.S.I. program, to repeal conflicting laws, and for other purposes.

Page 3441

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that the Act amending the Act described in the caption hereof approved March 5, 1957 (Ga. L. 1957, pp. 2574-2579) be and the same is hereby amended as follows: Section 1. Said Act approved March 5, 1957 (Ga. L. 1957, pp. 2574-2579) is hereby amended by striking section 7 of said Act in its entirety and inserting a new section 7 to read as follows: Section 7. Before the provisions of this amendment shall be applied to any teacher or employee eligible for benefits hereunder, such teacher or employee shall file with the secretary of the pension board a written statement of his election to accept the benefits of this amendment on or before July 1, 1961. The election to accept the benefits of this amendment shall not prejudice the right of the employees and teachers of the Board of Education of Fulton County to participate in the Federal O.A.S.I. program if they should ever qualify for benefits under said program, and, notwithstanding any conditions which might originally have been attached to such an election, the benefits of this Act shall in no event be reduced as a consequence of participation in said program. Election by teachers. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. 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, County of Fulton. Before me, the undersigned, a notary Public, this day personally came Frank Kempton, who, being first duly

Page 3442

sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 20, 27 days of December, 1960, and on the 3, 10, 17 days of January, 1961 as provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Notice is hereby given in accordance with the Acts of 1946, Page 82 that a bill will be introduced at the Session of the General Assembly of Georgia which will convene in January, 1961, amending an Act to provide in Fulton County a system for pensions and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes. (Ga. L. 1945, pp. 528-535). Any matter germane to this general subject may be included in such legislation or by amendments thereto. /s/ G. W. Adams, Chairman Fulton County School Pension Board. Approved April 5, 1961. ORDINARIES IN COUNTIES HAVING POPULATION OF NOT LESS THAN 14,560 AND NOT MORE THAN 15,200 PERSONS. No. 498 (House Bill No. 338). An Act to provide that in all counties within this State having a population of not less than 14,560 nor more than 15,200 according to the 1960 United States Census, or any future such census, the Court of Ordinary

Page 3443

shall have jurisdiction to issue warrants in all misdemeanor cases relating to traffic violations upon the public roads, streets and highways of this State; to provide that all monies received for the issuing of such warrants shall be paid directly into county treasury; 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 14,560 nor more than 15,200 according to the 1960 United States Census, or any future such census, the Court of Ordinary, at the request of the board of county commissioners, shall have jurisdiction to issue warrants in all misdemeanor cases, relating to traffic violations upon the public roads, streets and highways of this State. Jurisdiction to issue warrants in traffic cases. Section 2. All monies and funds received for the issuing of such warrants shall be paid directly into the county treasury. Fees. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. LAW LIBRARIES IN COUNTIES HAVING POPULATION OF NOT LESS THAN 135,000 AND NOT MORE THAN 140,000 PERSONS. No. 499 (House Bill No. 640). An Act to authorize any counties in this State having a population of not less than 135,000 nor more than 140,000 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

Page 3444

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 populatin of not less than 135,000 and not more than 140,000 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. Authority to establish. Section 2. For the purpose of providing funds for the establishment and maintenance of such libraries the sum of one dollar ($1.00) in addition to all other legal costs, shall be charged and collected in each suit, action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representatives for leave to sell or re-invest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, county, city and/or any other court of record except recorders or police courts, in and for said counties, and the clerks of each and every such court in counties in which such a law library shall be established shall collect such fees and remit same to the treasurer or other person or fiscal agent having custody of county funds, provided, that the judge or judges of said court shall by order entered upon the minutes of the court, provide for the establishment and maintenance of such a law library and shall cause to be furnished to the clerks of such courts with a certified copy of such minutes. Where the costs in criminal cases are not collected, the costs here provided for shall be paid from the fines or forfeitures fund of such court in which the case is filed before any other disbursement or distribution of such finds or forfeitures shall be made. Costs. Section 3. In each county in which such law library

Page 3445

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 official shall be disbursed upon the order of the judge or judges of the superior court. Disbursements. 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

Page 3446

necessary space, offices, lights, heat and water for the maintenance of such library. Office space, etc. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. CITY OF COLUMBUSCONVEYANCE OF LAND. No. 500 (House Bill No. 276). An Act to amend Acts of 1910, page 482, approved August 10, 1910, and Acts of 1925, page 987, approved August 7, 1925, said Acts authorizing the commissioners of commons of the City of Columbus to convey certain commons lands in the City of Columbus to the City of Columbus, providing; that said lands authorized to be conveyed by said Acts be used and devoted to public park and playground purposes for the recreation, pleasure and amusement of the general public, so as to delete all references contained in said Acts restricting said lands for public park and playground purposes; 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 Acts of 1910, No. 394, page 482, approved August 10, 1910, be amended by deleting from section 2 thereof the following: but shall be kept open and used only for the purpose of a public park and playground and to be devoted to such amusement and pleasure as the corporate authorities of the City of Columbus shall designate and the City of Columbus shall have no power or authority to convey any part or portion of said tract of land described in section 1 of this Act without the assent of two-thirds of the qualified

Page 3447

voters of the said city at a special election to be held for that purpose; and that said tract of land, when so conveyed, shall be devoted and used only for the uses and purposes designated by this Act.; so that said section 2, when thus amended, shall read as follows: Be it further enacted by the authority aforesaid that said commons to be conveyed to the City of Columbus, as described in the first section of this Act, shall be conveyed in said city absolutely and unconditionally, in fee simple. Section 2. That the Acts of 1925, No. 163, page 987, approved August 7, 1925, be amended by deleting therefrom section 3 thereof in its entirety, and by adding a new section 3 to read as follows: Section 3. Be it further enacted by the authority aforesaid that said commons land to be conveyed to the City of Columbus, as described in section 2 of this Act, shall be conveyed in said city absolutely and unconditionally, in fee simple. Section 3. That all Acts or parts of Acts in conflict herewith are hereby repealed. Section 4. That there is hereto attached, incorporated herein, and made a part hereof, a copy of the notice of intention to apply for the enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill providing for this Act into the General Assembly. Georgia, Muscogee County: Personally appeared before me, the undersigned attesting witness, a Notary Public in and for said State and

Page 3448

County, M. R. Ashworth, who, on oath, deposes and says that he is the publisher of the Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said county are published; and that the foregoing and attached Notice was duly published in said newspaper once a week for three weeks, to-wit: on January 6th, 1961, January 13th, 1961 and January 20th, 1961. /s/ M. R. Ashworth Sworn to and subscribed before me, this the 20th day of January, 1961. /s/ Louise T. Chalkley Notary Public, Muscogee County, Georgia. (Seal). Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia: Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1961, for the passage of a bill entitled as follows: An Act to amend Acts 1910, page 482, approved August 10, 1910, and Acts of 1925, page 987, approved August 7, 1925, said Acts authorizing the commissioners of commons of the City of Columbus to convey certain common lands in the City of Columbus to the City of Columbus, providing that said lands authorized to be conveyed by said Acts be used and devoted to public park and playground purposes for the recreation, pleasure and amusement of the general public, so as to delete all references contained in said Acts restricting said lands for public park and playground purposes; and for other purposes. This the 4th day of January, 1961. /s/ Lennie F. Davis City Attorney Approved April 5, 1961.

Page 3449

MACON COUNTYCOMPENSATION OF COUNTY COMMISSIONER. No. 503 (House Bill No. 216). An Act to amend an Act creating the office of commissioners of roads and revenues of Macon County, Georgia, approved August 26, 1872, (Ga. L. 1872, p. 434), as amended, by an Act (Ga. L. 1912, p. 419), also amended, (Ga. L. 1937, p. 1368), so as to change the compensation of the board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioners of roads and revenues of Macon County, Georgia, approved August 26, 1872, (Ga. L., 1872, p. 434), as amended, by an Act (Ga. L. 1912, p. 419) also amended, (Ga. L. 1937, page 1368), is hereby further amended by striking from section 1 the words and figures, Two hundred and forty ($240.00), dollars a year, and in lieu thereof, inserting the words and figures nine hundred ($900.00) dollars a year, so that section 1 as so amended shall read: Section 1. Be it enacted by the General Assembly of Georgia, That the compensation of the county commissioners of Macon County, shall be nine hundred ($900.00) dollars a year for each commissioner, however there shall be an additional compensation for the chairman of the county commissioners of three hundred ($300.00) dollars per year, making the total compensation of the chairman twelve hundred ($1200.00) dollars per year. Section 2. The provisions of this Act shall be effective as of the date this Act is approved, and said rate of nine hundred ($900.00) dollars per year for each commissioner, and twelve hundred ($1200.00) dollars per year for the chairman, shall be paid from the period elapsing between the approval of this Act and the end of the year 1961, and for each year thereafter. Effective date.

Page 3450

Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that there will be introduced in the General Assembly of this State at the session thereof convening January 9th, 1961, a local bill to amend an Act creating a board of commissioners of roads and revenues for Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended, (Ga. L. 1937, p. 1368) (Ga. L. 1912, p. 419), so as to increase the compensation for county commissioners. This notice to apply for local legislation is given pursuant to requirements of law (Code Section 2-1915). This January 3rd, 1961. /s/ J. Paul Sinclair, Representative, Macon County, Georgia. Georgia, Macon County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. C. Cox, who, on oath deposes and says that he is the editor and publisher of the Citizens-Georgian, a weekly newspaper published in Montezuma, Macon County, Georgia, which is the official organ of said county, and that the attached notice of Intention to Introduce Local Legislation was published in said newspaper on the following dates: January 5th, January 12th, and January 19th, 1961. /s/ J. C. Cox Editor and Publisher of the Citizens-Georgian

Page 3451

Sworn to and subscribed before me, this 20th January, 1961. /s/ Caroline McLane Notary Public, Georgia, State at Large. My Commission expires Sept. 9, 1964. (Seal). Approved April 5, 1961. CITY OF THOMASVILLETAX RATE FOR SUPPORT OF SCHOOLS. No. 504 (House Bill No. 223). An Act to amend an Act establishing a system of public schools in the City of Thomasville, approved November 30, 1900, (Ga. L. 1900, p. 451), as amended by Acts approved July 20, 1904, Ga. L. 1904, p. 328), August 19, 1911, (Ga. L. 1911, p. 1599), August 7, 1914, (Ga. L. 1914, p. 1205), July 30, 1915, (Ga. L. 1915, p. 852), July 29, 1919, (Ga. L. 1919, p. 1360), March 9, 1945, (Ga. L. 1945, p. 111) and February 9, 1949, (Ga. L. 1949, p. 396), so as to increase the maximum tax rate which may be levied for the maintenance and operation of said public schools; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a system of public schools in the City of Thomasville, approved November 30, 1900, (Ga. L. 1900, p. 451), as amended by Acts approved July 20, 1904, (Ga. L. 1904, p. 328), August 19, 1911, (Ga. L. 1911, p. 1599), August 7, 1914, (Ga. L. 1914, p. 1205), July 30, 1915, (Ga. L. 1915, p. 852), July 29, 1919, (Ga. L. 1919, p. 1360), March 9, 1945, (Ga. L. 1945, p. 111) and February 9, 1949, (Ga. L. 1949, p. 396), is hereby amended by striking from said Act, section 6 in its entirety and substituting in lieu thereof a new section 6 which shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that the said board of education shall determine,

Page 3452

as early as practicable in each year, what amount of money will be necessary to raise by taxation to defray the expenses of said public schools for the ensuing year, and shall lay the same before the board of commissioners for the City of Thomasville, and the board of commissioners for the City of Thomasville are hereby authorized, and shall be required, to levy a tax annually in addition to that now authorized by the law on all the taxable property of said city, not to exceed one and one-half per cent on the same, and when collected, the collecting officers of said city shall pay the same over to the treasurer of said board of education to be disbursed for the maintenance of said public schools, and be paid out under order of said board under such regulations as they may prescribe. Said taxes shall be collected by levy and sale as other taxes of said city are collected. 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 given that after publication of this notice once a week for three weeks, and within 60 days hereof, there will be introduced at the regular session of the General Assembly of Georgia which will convene in January, 1961, a local bill entitled: An Act to amend section 6 of Act No. 124, approved November 30, 1900, (Ga. L. 1900, pp. 451 to 455, both inclusive), establishing a system of public schools in the City of Thomasville, and all Acts amendatory thereof, so as to increase the maximum tax rate which may be levied for the maintenance and operation of said public schools from the amount now provided by law to one and one-half per cent; to repeal all conflicting laws; and for other purposes. This 15th day of December, 1960. Board of Education for the City of Thomasville By: /s/ Charles McDaniel, Secretary.

Page 3453

Georgia, Thomas County. Before the undersigned officer, duly authorized to administer oaths, personally appeared James W. Keyton, who, after being sworn, says on oath that he is the author of the foregoing local Act; that this affidavit accompanies the foregoing copy of notice of intention to apply for said local Act; that said notice was published in The Times-Enterprise Weekly Edition on the 23rd and 30th days of December, 1960, and on the 6th day of January, 1961; and that The Times-Enterprise Weekly Edition is the newspaper in which sheriff's advertisements of Thomas County, Georgia, are published. /s/ James W. Keyton Sworn to and subscribed before me, this 7th day of January, 1961. /s/ T. H. Vann Notary Public, Georgia, State at Large. My Commission expires Sept. 15, 1963. (Seal). Approved April 5, 1961. SUPPLEMENTAL SALARIES OF SHERIFFS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 2,700 AND NOT MORE THAN 3,250 PERSONS. No. 505 (House Bill No. 371). An Act to amend an Act entitled An Act to provide the sheriff of certain counties with a supplemental salary; to repeal conflicting laws; and for other purposes., approved March 13, 1957 (Ga. L. 1957, p. 2914), so as to change the population and census figures therein; to repeal conflicting laws; and for other purposes.

Page 3454

Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide the sheriff of certain counties with a supplemental salary; to repeal conflicting laws; and for other purposes., approved March 13, 1957 (Ga. L. 1957, p. 2914), is hereby amended by striking from section 1 thereof the words and figures not less than 4,050 and not greater than 4,500 according to the United States Federal census of 1950, and substituting in lieu thereof the words and figures not less than 2,700 and not greater than 3,250 according to the United States Federal census of 1960,; so that when so amended section 1 of said Act shall read as follows: Section 1. The sheriff of all counties having a population of not less than 2,700 and not greater than 3,250 according to the United States Federal census of 1960, or any future United States Federal census, shall receive the sum of fifty dollars ($50.00) per month as supplemental salary in addition to any fees or salary which he shall now receive. Such supplemental salary shall be paid from the general funds of such counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1961. EFFINGHAM COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 506 (House Bill No. 194). An Act to amend an Act to create a board of commissioners of roads and revenues for the County of Effingham to be elected by the qualified voters of said county, to define the duties of said commissioners, and for other purposes, approved July 26, 1921, (Ga. L. 1921, p. 466-471), so as to change the compensation for the

Page 3455

commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create a board of commissioners of Roads and Revenues for the County of Effingham to be elected by the qualified voters of said county, to define the duties of said commissioners, and for other purposes, approved July 26, 1921, (Ga. L. 1921, p. 466-471), is hereby amended by striking from said Act section 4. in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. Be it further enacted, That each of said commissioners of roads and revenues shall be paid the sum of fifty ($50.00) dollars per month for their services. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Effingham. Notice of Local Legislation. Notice is given that the undersigned, member of the General Assembly of the State of Georgia, will introduce a bill in the General Assembly of Georgia convening in regular session in January, 1961, to amend An Act creating the Effingham Board of Commissioners, approved July 26, 1921, and all Acts amendatory thereto, providing for an increase in the compensation for the commissioners of roads and revenues of Effingham County. This notice is given in conformity with the laws of the State of Georgia governing the enactment of local legislation. This 27th day of December, 1960. /s/ B. F. Arnsdorff, Member of the General Assembly of the State of Georgia.

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State of Georgia, County of Effingham. Personally appeared before the undersigned, an officer of said county and State duly authorized and empowered to administer oaths, William O. Lee who first being duly sworn on oath says that he is the editor and publisher of The Springfield Herald, official organ of Effingham County, Georgia, and that the herewith attached Notice of Intention to Introduce Local Legislation appeared as paid legal advertising in three consecutive weekly issues of said newspaper, to wit: on December 30, 1960; January 6, 1961 and on January 13, 1961. This 13th day of January, 1961. /s/ William O. Lee Sworn to and subscribed before me, this the 13th day of January, 1961. /s/ Z. Vance Dasher Notary Public, Effingham County, Georgia. My comm. expires April 1, 1962. (Seal). Approved April 5, 1961. MERIWETHER COUNTYOFFICERS PLACED ON SALARY BASIS, REFERENDUM. No. 507 (House Bill No. 280). An Act to place the compensation of the sheriff, the clerk of superior court, the ordinary and the coroner of Meriwether County on a salary basis in lieu of a fee basis; to provide for deputies and other employees; to provide for allowances and expenses; to provide for the disposition of fees, costs and other perquisites; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3457

Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the sheriff, the clerk of the superior court, the ordinary, and the coroner of Meriwether County is hereby placed on a salary basis in lieu of a fee basis. The compensation provided for hereinafter for each of said officials, except as provided for in this Act, shall be in lieu of all fees, costs, percentages, fines, forfeitures, commissions, penalties and all other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by either of said officials. All such fees, costs, percentages, forfeitures, commissions, penalties and other perquisites shall be received and collected by each of said officials for the sole use of Meriwether County and shall be the property of Meriwether County. Such funds shall be held as public funds belonging to Meriwether County and shall be accounted for and paid to the fiscal authority of Meriwether County by the first Wednesday of each month for the immediately preceding month accompanied by a statement, under oath, showing the collections and sources from which collected. Placed on salary basis. Section 2. The sheriff shall be compensated in the amount of ten thousand five hundred ($10,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Meriwether County. He shall be furnished a fully equipped motor vehicle to use in the performance of his official duties; said sheriff shall have the authority to appoint a deputy sheriff, and his compensation shall be three hundred fifty ($350.00) dollars per month, payable from the funds of Meriwether County. The county shall furnish the deputy sheriff with a fully equipped motor vehicle to use in the performance of his official duties. All gasoline, oil, and other related maintenance expenses for both the sheriff's vehicle and the deputy sheriff's vehicle shall be borne by the county. In addition, the sheriff may employ or receive three hundred ($300.00) dollars per month for a jailor or turnkey. The expenses for boarding of prisoners shall be paid for out of county funds. Provided further, the sheriff may employ additional deputies when necessary, said employment

Page 3458

and compensation of the same to be approved by the board of county commissioners. Sheriff. Section 3. The clerk of the superior court of Meriwether County shall be compensated in the amount of seventy-five hundred ($7,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Meriwether County. The clerk is hereby authorized to appoint a deputy clerk whose compensation shall be twenty-four hundred ($2,400.00) dollars per annum, payable in equal monthly installments from the funds of Meriwether County. In addition, the clerk's office is hereby allotted eighteen hundred ($1,800.00) dollars per annum for payment of such other clerks or secretarial help as he deems necessary. Clerk of superior court. Section 4. The ordinary of Meriwether County shall be compensated in the amount of seventy-five hundred ($7,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Meriwether County. The ordinary may employ a clerk whose compensation shall be eighteen hundred ($1,800.00) dollars per annum, payable monthly and from the funds of Meriwether County. Ordinary. Section 5. The coroner of Meriwether County shall be compensated in the amount of six hundred ($600.00) dollars per annum, which shall be paid in equal monthly installments from the funds of Meriwether County. Coroner. Section 6. The governing authority of Meriwether County, upon approval of such expenses, shall furnish the necessary office supplies, material and expenses for utilities for the office of the sheriff, clerk of superior court and ordinary. Office supplies. Section 7. Not less than 20 nor more than 40 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 Meriwether County to issue the call for an election for the purpose of submitting this Act to the voters of Meriwether County for approval or rejection.

Page 3459

The ordinary shall set the date of such election not less than 20 nor more than 30 days after his call. The ordinary shall cause the date and purpose of the election to be published at least once preceding the date thereof in the official organ of Meriwether County. The ballot shall have written or printed thereon the words: For approval of the Act placing the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of a fee basis. Referendum. Against approval of the Act placing the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether 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 in such question are for approval of the Act, it shall become of full force and effect. If less than the majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Meriwether 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. The ordinary is hereby authorized to combine the provisions of this referendum with any other provisions for a referendum in any other Act passed at the 1961 session of the General Assembly. Section 8. In the event this Act is approved in the referendum provided for above, it shall become effective January 1, 1963. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

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This is to certify that Mrs. R. K. Stovall, editor and publisher of The Meriwether Vindicator, the official paper of Meriwether County states upon oath that the attached copy of notice of intention to introduce local legislation was carried three consecutive weeks in The Meriwether Vindicator. Legal Notice Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to place the sheriff, clerk of the superior court, the ordinary, and the coroner of Meriwether County on a salary basis in lieu of a fee basis; to provide for a referendum; and for other purposes. This 24th day of December, 1960. /s/ Render Hill Representative Meriwether County. /s/ Mrs. R[UNK]. K. Stovall, Editor-Publisher The Meriwether Vindicator. Sworn to and subscribed before me, this Jan. 16, 1961. /s/ John Head, Ordinary, Meriwether Co., Ga. (Seal). Approved April 5, 1961.

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DEKALB COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 508 (House Bill No. 619). An Act to amend an Act approved March 8, 1956, 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, (Ga. L. 1956, Vol. II, p. 3237, et. seq.), as amended by an Act approved March 10, 1959, (Ga. L. 1959, Vol. II, p. 2636, et. seq.), redefining and correctly describing commissioner districts three and four, providing a new method of filling vacancies in the office of chairman or a member of the board of Commissioners; so as to prescribe the salary for the chairman of said board of commissioners and to prescribe the manner of payment thereof; to provide for the allowance of automobile and clerical expenses for members of the said board of commissioners; to provide that no member of the board of commissioners whose term of office has not expired may run for the office of chairman without first resigning; to provide that the chairman may establish rules and regulate purchasing services of all county departments and to delete from the department of finance the authority to establish and regulate purchasing; to provide for the filling of vacancies in the office of chairman and members of the board; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That an Act to amend an Act approved March 8, 1956, 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, (Ga. L. 1956, Vol. II, p. 3237, et. seq.), as amended by an Act approved March 10, 1959, (Ga.

Page 3462

L. 1959, Vol. II, p. 2636, et. seq.), redefining and correctly describing commissioner districts three and four, providing a new method of filling vacancies in the office of chairman or a member of the board of commissioners be, and it is hereby amended by adding at the end of section 4 of said Act (Ga. L. 1956, Vol. II, at p. 3243), the following: No member of the boards of commissioners of roads and revenues whose term of office does not expire in the year in which an election is held for office of chairman shall be qualified to be a candidate for the office of chairman unless he shall have first submitted his irrevocable resignation as a member of the board of commissioners of roads and revenues to the ordinary of the county and the chairman of the board of commissioners on or before March 1st, to be effective on or before December 31, of the year in which the election for chairman is held, at which time his office shall be deemed vacant. The vacancy thus created subsequent to said December 31 shall be filled by election in the same manner as prescribed by law for the election of members of the General Assembly. Members seeking office of chairman. Section 2. That section 5 of said Act, as amended by section 2 of an Act approved March 10, 1959, (Ga. L. 1959, Vol. II, p. 2636, at the top of page 2640), be, and the same is hereby, amended by inserting in said section after the word until at the end of the first line on said page 2640, the following: December 31 next following and by deleting from said section, as amended, the following: 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

Page 3463

election for election to such office., so that said section when so amended shall read: Section 5. Election returns; vacancies . In all elections for chairman or member of the commission held pursuant to this Act, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certified shall be declared and deemed to be elected to such offices. In the event of a vacancy in the office of chairman or a member of the commission whose unexpired term exceeds 180 days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed 180 days, it shall be the duty of the ordinary to fill the vacancy by appointment. All persons elected or appointed to fill vacancies pursuant to the provisions of this section shall serve until December 31 next following 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. Section 3. That section 8 of said Act (Ga. L. 1956, Vol. II, at p. 3245, 46) be, and it is hereby, amended as follows: by deleting from lines 7and 8 of said section the words and figures fifteen thousand ($15,000.00) and inserting in lieu thereof the words and figures eighteen thousand five hundred ($18,500.00); by deleting the words and figures from lines 9 and 10 of said section ten thousand ($10,000.00) and inserting in lieu thereof the language and figures twelve thousand ($12,000.00); by deleting from lines 12 and 13 thereof the language and figures one thousand ($1,000.00) and inserting in lieu thereof the language and figures one thousand five hundred ($1,500.00); by deleting from line 16 thereof the language and figures four thousand ($4,000.00) and inserting in lieu thereof the language and figures five thousand ($5,000.00); by

Page 3464

adding at the end of line 22 thereof the following language and figures, members of the board of commissioners of roads and revenues other than the chairman may be paid as an allowance for automobile and clerical expenses a sum not exceeding one hundred dollars ($100.00) per month; so that said section when so amended shall read: Section 8. Compensation . Members of the commission herein created, other than the chairman, shall be paid as their entire compensation for services as same the sum of two hundred fifty ($250.00) dollars each per month to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of eighteen thousand five hundred ($18,500.00) per annum, which shall be paid in equal monthly amounts. Twelve thousand ($12,000.00) dollars of said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn; one thousand five hundred ($1,500.00) dollars of said salary shall be paid from the receipts of the DeKalb County sewer system and shall constitute an administrative expense of said system; and five thousand ($5,000.00) dollars of said salary shall be paid from the receipts of the DeKalb County waterworks system and such sums shall constitute an administrative expense of said system. The salary so fixed shall constitute the entire compensation to which said chairman shall be entitled either as such chairman or as the administrator of the DeKalb County waterworks system. Members of the board of commissioners of roads and revenues, other than the chairman, may be paid as an allowance for automobile and clerical expenses a sum not exceeding one hundred ($100.00) dollars per month. Section 4. That section 11 of said Act (Ga. L. 1956, Vol. II, at p. 3247), be, and the same is hereby, amended by adding at the end thereof the following: The chairman shall establish rules and regulate purchasing services for all county departments, offices and

Page 3465

agencies. Formal sealed bids, after notice of same has been published one time in the newspaper in which the sheriff's advertisements of the county are published, must be obtained on all purchases exceeding five hundred ($500.00) dollars. Purchasing. Section 5. That section 18 of said Act (Ga. L. 1956, Vol, II, at p. 3251, 52), be, and the same is hereby, amended by deleting from said section the following: (9) Establish rules and regulate purchasing service for all county departments, offices and agencies. Formal, sealed bids, after advertising for same, must be obtained on all purchases exceeding five hundred ($500.00) dollars. Same. Section 6. This Act shall become effective March 1, 1961. Effective date. Section 7. 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 19, January 26 and February 2, 1961. The DeKalb New Era /s/ W. H. McWhorter, Managing-Editor

Page 3466

Sworn to and subscribed before me, this 10 day of February, 1961. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Mar. 23, 1962. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of Georgia, a bill to amend the Act approved March 8, 1956, Ga. L. 1956, p. 3237, et. seq.) creating a chairman and board of commissioners of roads and revenues of DeKalb County, Georgia, so as to prescribe the terms of office for members of said board of commissioners, duties, filling of vacancies on said board, compensation of the chairman, and for other purposes. /s/ Pierre Howard /s/ Guy W. Rutland, Jr. /s/ James A. Mackay DeKalb County Representatives. Approved April 5, 1961. ACT PROVIDING FOR PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS OF CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONS AMENDED. No. 509 (House Bill No. 158). An Act to amend an Act approved February 15, 1933 (Ga. L. 1933, p. 213 et. seq.) entitled An Act to repeal an Act approved August 18, 1925 and to provide for a pension for members of the police department in cities having a population of 150,000 or more, in the State of Georgia, according to the last census of the

Page 3467

United States, etc., as amended, by further amending said Act, as amended, by repealing Section VI of the Act approved March 26, 1947 (Ga. L. 1947, p. 675 et seq.) providing for pensions to widows and dependents of policemen who die in service and enacting in lieu thereof another provision for pensions to widows and dependents of policemen who die in service, to provide the status in the policemen's pension fund of policemen who are on leave of absence from the police department, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the said Act of 1933, as amended, be and the same is hereby further amended by repealing Section VI of the Act approved March 26, 1947 (Ga. L. 1947, p. 675 et seq.) which amended the said Act of 1933, as amended, and which section VI provided for pensions to widows and dependents of policemen in certain circumstances; and to enact in lieu of the provisions of said section VI of the said Act of 1947 the following: Where any policeman participating in the provisions of this Act shall die while in active service and after having had not less than ten (10) years of active service prior to his death, his widow, provided she has been designated as beneficiary, was the lawful wife of such policeman at the time of his death and had been married to him for at least one year prior to his death, shall be entitled to receive a pension during her life or until she remarries, representing [UNK] of the amount that said policeman would have been entitled to receive in the future had such policeman not died but had become as of the date of his death totally and permanently disabled within the provisions of this Act from accident, injuries or illness outside of police duties and not from his own indiscretion. Such pension shall be graduated according to the length of service of the deceased policeman before his death. To illustrate, for ten (10) years of service the

Page 3468

beneficiary would be entitled to three-fourths (3/4) of ten-twentyfifths (10/25) of the full pension the deceased policeman would have been entitled to had he served twenty-five (25) years, and for any number of years of service beyond ten (10) years and not more than twenty-four (24) years the beneficiary would be entitled to three-fourths (3/4) of whatever proportion of the pension the deceased would have been entitled to for twenty-five (25) years service as the number of years of active service bears to twenty-five (25). In determining the number of years of service no fractional part of a year shall be considered. To illustrate, if the deceased policeman had served eighteen (18) years and nine (9) months, the beneficiary would be entitled to three-fourths (3/4) of eighteen-twentyfifths (18/25) of the pension the deceased would have been entitled to had he served twenty-five (25) years. In the event of the death or remarriage of such policeman's widow, while receiving such pension and there then be a minor child or children of such policeman under sixteen (16) years of age, such pension shall be continued to such child or children until the youngest child shall attain the age of sixteen (16) years. If such policeman dies while on active duty without leaving a widow who is entitled to a pension under the provisions hereof but should leave a minor child or children under sixteen (16) years of age, and has been paying the percentage of his salary provided under this Act for a beneficiary, then a pension graduated as herein provided shall be paid to such minor child or children until the youngest reaches the age of sixteen (16) years. The foregoing provisions shall be retroactive to March 26, 1947. Dependents, benefits. Effective date. Section 2. Be it further enacted that any policeman on leave of absence from the police department who accepts any gainful employment other than as a member of the armed forces shall not be considered in active service. If any policeman while on leave of absence becomes gainfully employed other than as a member of the armed forces and dies or becomes totally and permanently disabled before returning to duty in the police department,

Page 3469

neither he nor his beneficiary shall be entitled to a pension under the provisions of this Act. Policeman on leave of absence. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved April 5, 1961. CITY OF CARTERSVILLECORPORATE LIMITS, REFERENDUM. No. 510 (House Bill No. 611). 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), an Act approved March 17, 1958 (Ga. L. 1958, p. 2283), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2790), so as to change the corporate limits of said city; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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), an Act approved March 17, 1958 (Ga. L. 1958, p. 2283), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2790), is hereby amended by adding to the end of section 2A 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: All that certain tract or parcel of land situated, lying,

Page 3470

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 238, 239, 240, 241, 267, 266, 265, 264, 262, 310, 311, 312, 313, 314, 315, 337 and 336; commencing at a point on the present city limits of the City of Cartersville as presently established by Georgia Laws 1937, page 1532, et seq., which point is situated at the intersection of the east right of way of U. S. Highway #41 and 441 with said presently established City Limits; thence running along the east right of way of said highway in a northerly direction for a distance of 777.1' to the point of intersection of said east right of way with the north land lot line of land lot number 336; thence running N. 89 degrees 39'E along the southern boundary line of a portion of land lot 313 and all of land lot 314 and 315 a distance of approximately 2747.5' to the southeast corner of land lot 315; thence running N 0 degrees 15' west a distance of approximately 1502.4' along the eastern boundary of land lot 315 and part of land lot 262 to a point 200' N of the southern boundary of land lot 262 and 261; thence running S 62 degrees 15' W a distance of approximately 436.3'; thence running S 89 degrees 33' W a distance of approximately 877.8' to the western boundary of land lot 262; thence continuing N 89 degrees 59' W a distance of approximately 1679.7' along the southern boundary of land lot 263 and a portion of 264 to its intersection with the west right of way of U. S. Highway 41 and 411 as presently exists; thence running northerly along the zigzag of the western right of way of U. S. Highway #41 and 441 a distance of approximately 2663.77', said point being the intersection of the west boundary of U. S. Highway #41 and 441 with the southern boundary of land lot #192; thence running S. 89 degrees 56' W a distance of approximately 4100' to a point where the northern boundary of land lot number 238 intersects the west boundary of the Louisville and Nashville Railroad right of way; thence running southerly along the west boundary of the Louisville and Nashville Railroad a distance of approximately 3708 feet to the present city limits of

Page 3471

the City of Cartersville as established by Georgia Laws of 1937, page 1532 et seq.; thence running easterly along the curvature of the present city limits as established by Georgia Laws of 1937, page 1532 et seq., a distance of approximately 5052' to its intersection with the east boundary of U. S. Highway #41 and 441 and the point of beginning. Corporate limits. 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 and all property owners of the within proposed territory to be annexed, for their approval or rejection. The mayor and aldermen shall for a period of thirty (30) days after the date of the call maintain at city hall or such other appropriate place, a book of registration, in which all voters or property owners within the proposed territory to be annexed must register in order to vote upon the question. The mayor and aldermen shall then set the date for such election for a day certain within a period of ten (10) to twenty (20) days after the final date of registration. The ballot shall have written or printed thereon the words: For approval of the Act to extend the limits of the City of Cartersville. Referendum. 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 such

Page 3472

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, 1961, 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 16th day of January, 1961. /s/ James H. Barton /s/ Roy M. Jordan /s/ H. A. Parker /s/ Wayne P. Turner /s/ Edward J. Shabel Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wm. B. Greene, who, on oath, deposes and says that he is Representative from Bartow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bartow Herald, which is the official organ of said county, on the following dates: Jan. 19, 1961; Jan. 26, 1961; Feb. 2, 1961; and Feb. 9, 1961. /s/ Wm. B. Greene, Representative, Bartow County

Page 3473

Sworn to and subscribed before me, this 22nd day of February, 1961. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved April 5, 1961. TATTNALL COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 511 (House Bill No. 605). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Tattnall, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended particularly by Acts approved March 17, 1939 (Ga. L. 1939, p. 740) and January 15, 1949 (Ga. L. 1949, p. 1578), so as to change the manner in which vacancies on said board may be filled; to change the compensation of the board of commissioners, excepting its chairman; to change the compensation of the clerk of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Tattnall, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended particularly by Acts approved March 17, 1939 (Ga. L. 1939, p. 740) and January 15, 1949 (Ga. L. 1949, p. 1578), is hereby amended by striking from said Act, section 9 in its entirety and substituting in lieu thereof a new section 9 which shall read as follows: Section 9. In the event of any vacancy on the board of commissioners of roads and revenues of Tattnall County, it shall be the duty of the ordinary of said county to

Page 3474

call an election within sixty (60) days from the time of such vacancy for the purpose of filling any vacancy created. Such election shall be conducted in the same manner prescribed for general elections. Vacancies. Section 2. Said Act is further amended by striking therefrom section 15 in its entirety and substituting in lieu thereof a new section 15 which shall read as follows: Section 15. All members of the board of commissioners, except the chairman, shall receive as their compensation, an amount not less than fifty ($50.00) dollars per month nor more than seventy-five ($75.00) dollars per month, the amount to be fixed by the board and payable out of the funds of Tattnall County. The said commissioners may elect a clerk of said board whose duty it shall be to keep a record of the actings and doings of the board, at the courthouse in said county, said records to be open to the inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the board, and shall perform such other duties as may be assigned him by said board and shall keep all the books and records of his office in a neat first-class and business like condition at all times. Such clerk shall receive compensation for all his duties as such clerk in such amount as fixed by said board, an amount not less than one hundred fifty ($150.00) dollars per month nor more than two hundred fifty ($250.00) dollars per month. Said clerk may be either a man or woman. Said clerk before entering upon his duties shall give bond with good security in a sum fixed by the commissioners, not less than $2,500.00, payable to and approved by the commissioners, conditioned for his faithful performance of all the duties as such clerk. Said commissioners before entering upon their duties as such shall take an oath before the ordinary of said county for the faithful performance of their duties. Compensation, clerk, oath etc. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3475

Notice of Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to chance the days allowable for services rendered by county commissioners in Tattnall County each year, and for other purposes. This January 9, 1961. /s/ M. W. Eason, County Attorney. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. E. Kirkland, who, on oath, deposes and says that he is Representative from Tattnall County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal, which is the official organ of said county, on the following dates: January 12, 19, and 26, 1961. /s/ H. E. Kirkland, Representative, Tattnall County. Sworn to and subscribed before me, this 22 day of Feb., 1961. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved April 5, 1961.

Page 3476

PENSIONS TO MEMBERS OF COUNTY POLICE DEPARTMENTS OF COUNTIES OF MORE THAN 500,000 POPULATION. No. 512 (House Bill No. 618). An Act to amend an Act approved March 16, 1939, (Ga. L. 1939, p. 278), providing that counties having a population of more than 200,000, according to the United States Census of 1921 or any subsequent census, shall furnish aid and relief and pensions to regular members of the county police departments, as amended, so as to delete the language and figures 200,000 by the United States Census of 1920 and inserting in lieu thereof wherever the same shall appear in said Act and each and every Act amendatory thereof the language and figures 500,000 according to the United States Census of 1960 so that the provisions of said Act, as amended, shall apply to counties having a population of 500,000 or more according to the United States Census of 1960 and any subsequent census, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That from and after the passage and approval of this Act, an Act approved March 16, 1939, (Ga. L. 1939, p. 278), providing that counties having a population of more than 200,000, according to the United States Census of 1920 or any subsequent census, shall furnish aid and relief and pensions to regular members of the county police departments, as amended, be, and the same is hereby, amended by deleting the following language and figures from said Act and from each and every Act amendatory thereof wherever the same shall appear, 200,000 by the United States Census of 1920 and inserting in lieu thereof the following language and figures, 500,000 according to the United States Census of 1960, so that said Act, as amended, when so hereby amended, shall be applicable in counties having a population

Page 3477

of 500,000 or more according to the United States Census of 1960 or any future United States census. Where applicable. Section 2. That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved April 5, 1961. CITY OF AUSTELLCORPORATE LIMITS. No. 514 (House Bill No. 633). An Act to amend an Act entitled An Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as the City of Austell, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, particularly by an Act approved February 17, 1960 (Ga. L. 1960, p. 2118), so as to change the corporate limits of the City of Austell; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as the City of Austell, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, particularly by an Act approved February 17, 1960 (Ga. L. 1960, p. 2118), is hereby amended by striking in its entirety section 3E and substituting in lieu thereof a new section 3E to read as follows: Section 3E. There shall be included in the corporate limits of the City of Austell, in addition to that territory presently embraced by the corporate limits of said city, all that tract or parcel of land lying and being in the following described parcels of land:

Page 3478

Parcel 1 . All that tract or parcel of land lying and being in land lots no. 27, 28, and 90 of the 18th district, 2nd section, Cobb County, Georgia, and being lots 36 and 37 of tract C of the Paul Cousins estate, according to survey made by J. P. Phillips, dated September 26, 1959, and more particularly described as follows: Beginning at a point of the southeasterly side of Bankhead Highway 200 feet northeasterly from the intersection of the southeast side of Bankhead Highway with the northeasterly side of Cousins Street; and running thence northeasterly along the southeasterly side of Bankhead Highway for a distance of 756 feet to the center of Sweetwater Creek; running thence southwesterly along the center of Sweetwater Creek 1790 feet; running thence northwesterly 915 feet to a point in the Center of Cousins Street located 450 feet southwesterly from the southeast side of Bankhead Highway; running thence northeasterly 15 feet to the westerly line of lot 37 of said subdivision; running thence northwesterly along the northeasterly side of Cousins Street for a distance of 260 feet; thence northeasterly along the southern line of lot 35 of said subdivision for a distance of 200 feet; thence northwesterly along the northeasterly side of lots 34 and 35 of said subdivision for a distance of 190 feet to the point of beginning; being improved property having a one-story frame dwelling thereon. Parcel 2 . All that tract or parcel of land lying and being in land lots 1282, 1283, and 1309 of the 19th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the east side of Owens Drive where it is intersected by the present radial circumference line of the city limits of the City of Austell; running thence north 01 degrees 15 minutes west along the east line of Owens Drive to the north side of Lake Lane, continuing thence north 01 degrees 15 minutes west for a distance of 260 feet, more or less, to the center of Sweetwater Creek; running thence north, northwesterly

Page 3479

and southwesterly following the meanderings of the center line of Sweetwater Creek to the point where it is intersected by the southwesterly side of U. S. Highway No. 278 (State Route No. 6); running thence southeasterly along the southwesterly side of said U. S. Highway No. 278 to the present radial circumference of the city limits of the City of Austell; running thence north, northeasterly and easterly along the present radial circumference of the city limits of the City of Austell to a point on the east side of Owens Drive and the point of beginning. Parcel 3 . All that tract or parcel of land lying and being in land lots no. 89, 90 and 143 of the 18th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the south line of said land lot no. 89 where it is intersected by the west line of Maxham Road running thence south 87 degrees 15 minutes west along the south line of said land lots 89 and 90 for a distance of 1760.6 feet to the center of Sweetwater Creek; running thence southwesterly following the meanderings of the center of Sweetwater Creek for a distance of 178 feet; running thence north 46 degrees 53 minutes west for a distance of 620 feet to a point of intersection of the present city limits, which said city limits is subscribed on an arc of 2,640 feet from the center of the city of Austell; thence northeasterly along the arc of 2,640 foot radius a distance of 278 feet to a point; thence south 58 degrees 59 minutes east a distance of 615 feet to the center of Sweetwater Creek; running thence northeasterly along the center line and following the meanderings of Sweetwater Creek for a distance of 486 feet to Causey Creek; running thence Southeasterly following the meanderings of the center of Causey Creek and an old abandoned road for a distance of 1,268 feet to a point; running thence south 0 degrees 30 minutes east for a distance of 239.2 feet to a point located on the north side of Locust Lane; running thence southeasterly along the north side of Locust Lane for a distance of 320 feet to

Page 3480

the west side of Maxham Road; running thence south along the west side of Maxham Road for a distance of 207.3 feet to 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 president of Times-Journal, Inc., publisher 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 13, January 20, and January 27, 1961. /s/Brooks P. Smith Sworn to and subscribed before me, this 3rd day of February, 1961. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My Commission Expires Sept. 13, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1961 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 13th day of January, 1961. /s/ E. W. Teague, /s/ Joe Mack Wilson, /s/ Harold S. Willingham, Cobb County Representatives.

Page 3481

I Stanley Parkman, do hereby certify that I am publisher of the Douglas County Sentinel, the newspaper in which sheriff's advertisements appear in Douglas 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 12, January 19, and January 26, 1961. /s/ Stanley Parham Sworn to and subscribed before me, this 8th day of February, 1961. /s/ Martha Sue Lambert, Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1961 session of the General Assembly of Georgia, a Bill to amend the charter of the City of Austell (Ga. L. 1929, p. 862 et. seq.) as heretofore amended, and for other purposes. This 12th day of January, 1961. /s/ Luke G. Garrett, Jr., Mayor, City of Austell. Approved April 5, 1961. UNION COUNTYCLERICAL HELP FOR TAX COMMISSIONER. No. 516 (House Bill No. 621). An Act to amend an Act abolishing the offices of tax collector and tax receiver in Union County, and creating the office of tax commissioner, approved February 9, 1949 (Ga. L. 1949, p. 325), as amended, particularly

Page 3482

by an Act approved February 20, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2502), so as to provide an allowance to the tax commissioner of Union County for clerical assistance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the offices of tax collector and tax receiver in Union County and creating the office of tax commissioner, approved February 9, 1949 (Ga. L. 1949, p. 325), as amended, particularly by an Act approved February 20, 1953 (Ga. L. 1953, Jan.- Feb. Sess., p. 2502), is hereby amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 which shall read as follows: Section 10. The compensation to be paid to the tax commissioner (director of taxes) shall be an annual salary of eighteen hundred ($1,800.00) dollars, which amount shall be paid monthly in equal amounts to him by the officer in charge of the fiscal affairs of the county, and the same shall be in lieu of all commissions, fees, and other compensations now received by the tax receiver and tax collector, both from the State of Georgia and the County of Union. In addition to said salary, the tax commissioner shall be paid by the county the sum of $50.00 per month to be used by said tax commissioner in hiring clerical assistance for his office. Upon receipt of commission from the State, or other compensation for tax service rendered the State, the same shall be by the tax commissioner (director of taxes) paid over to the county treasurer and become a part of the funds of Union County. In addition to the salary herein provided for, the tax commissioner (director of taxes) shall be furnished at the expense of the County of Union necessary stationery and postage, but the expense for the postage shall in no one calendar year exceed the sum of fifty ($50.00) dollars. All commissions, fees, and compensation now or hereafter payable to him or his office, either from the State, the County of Union, or any political division thereof, shall be by the tax commissioner

Page 3483

(director of taxes) promptly paid over to the proper officer in charge of the fiscal affairs of the county and become a part of the funds of Union County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given by me that Local Legislation will be introduced in the January 1961 General Assembly placing the clerk of superior court, Union County, on a salary of $1800.00 per year with an allowance of $50.00 per month for clerical hire. The ordinary will be placed on a salary of $1800.00 per year with clerical hire of $50.00 per month. The sheriff will be placed on a salary of $1800.00 per year with $50.00 per month allowance for a deputy. Also included in this legislation will be an allowance of $50.00 per month for clerical hire for tax commissioner. All fees collected by the clerk's office, the ordinary's office and the sheriff's office will be deposited with the county treasurers office, to be used for the operation of the County Government. /s/ Bonnell Atkins, Representative, Union County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bonnell Akins, 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: January 19, January 26, and February 2, 1961. /s/ Bonnell Akins, Representative, Union County.

Page 3484

Sworn to and subscribed before me, this 23rd day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved April 5, 1961. DEKALB COUNTYSALARIES OF NAMED COUNTY OFFICERS. No. 519 (House Bill No. 616). An Act to amend an Act approved March 6, 1956, (Ga. L. 1956, p. 2915, et. seq.) fixing, prescribing and establishing compensation and/or salaries of the elected county officials of and in the County of DeKalb, including the ordinary, clerk of superior court, the sheriff and tax commissioner, adjusting the salaries provided in said Act; as amended by an Act approved March 17, 1958, (Ga. L. 1958, p. 2673); so as to adjust the salaries provided in said 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 same: Section 1. That from and after the passage and approval of this Act an Act to amend an Act approved March 6, 1956, (Ga. L. 1956, p. 2915, et. seq.) fixing, prescribing and establishing compensation and/or salaries of the elected county officials of and in the County of DeKalb, including the ordinary, clerk of superior court, the sheriff and tax commissioner, as amended by an Act approved March 17, 1958, (Ga. L. 1958, p. 2673) adjusting the salaries provided in said Act, be, and the same is hereby, amended by deleting section 3 of said

Page 3485

Act, as amended, in its entirety and inserting in lieu thereof the following: Section 3. The salaries and/or compensation of the elective county officers, as named hereafter, shall be as follows: Ordinary of Dekalb County $12,000.00 per year Clerk of the Superior Court of DeKalb County, whether he be ex-officio clerk of other courts or not $12,000.00 per year Sheriff of DeKalb County $12,000.00 per year Tax Commissioner of DeKalb County $12,000.00 per year Provided, nevertheless, that said salaries of the various officials herein fixed shall be paid in equal monthly installments and shall be their sole compensation, and all fees and commissions accruing after the effective date of this Act are hereby abolished so far as the same constitute the compensation of said officers, but the same schedule of fees, commissions and costs prescribed under existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of said county. Provided further that the salary of any person who has held any of the above offices, ordinary, clerk of superior court, sheriff or tax commissioner of DeKalb County, for a period of twenty (20) years shall be increased by the further sum of one thousand dollars ($1,000.00) per year, making a total salary of $13,000.00 per year for such officers. Provided further that should any of the above named county officers receive and retain any fees or compensation whatsoever from the State of Georgia or any political subdivision thereof other than DeKalb County under and by virtue of his county office, the compensation to be paid such county officer under this Act shall be reduced

Page 3486

by the sum of any such fees and compensation received and retained by him so that the salaries herein fixed shall be the sole compensation received by the above named county officers by virtue of their office whether such county officer acts in his capacity as an officer of the county or as an agent or officer of the State of Georgia or any other political subdivision thereof. Section 2. That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being January 19, January 26 and February 2, 1961. The DeKalb New Era, /s/ W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 10 day of February, 1961. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Mar. 23, 1963. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1961, session of the General Assembly of Georgia, a Bill to amend the Act fixing the salaries of

Page 3487

the sheriff, ordinary, tax commissioner, and clerk of the superior court of DeKalb County, Georgia; and for other purposes. This 16th day of January, 1961. /s/ Pierre Howard, /s/ Guy W. Rutland, Jr. /s/ James A. Mackay, DeKalb County Representatives. Approved April 5, 1961. TOWN OF FORT OGLETHORPECORPORATE LIMITS. No. 520 (House Bill No. 614). An Act to amend the charter of the Town of Fort Oglethorpe, Georgia as enacted by Georgia Laws, 1949, p. 703, as amended, so as to enlarge the corporate limits of the Town of Fort Oglethorpe, Georgia and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act incorporating the Town of Fort Oglethorpe, Georgia (Ga. L. 1949, p. 703), as amended, be, and the same is, hereby further amended by adding the following territory to the corporate limits of the Town of Fort Oglethorpe, Georgia, to wit: Tract I . Situate in original land lot no. 95, in the 9th district and 4th section of Catoosa County, Georgia, and described as follows: Beginning at a stake corner on the original north line of said land lot no. 95, which corner is a distance of 985.5 feet north 89 degrees east along said original north line from the original northwest corner of said land lot no. 95; thence running north 89 degrees

Page 3488

east, along said original north line which is marked by a fence, a distance of 600 feet to a stake corner; thence running south 1 degree east, a distance of 492.5 feet to a stake corner; thence running south 89 degrees west, a distance of 600 feet to a stake corner on the east line of Fort Acres subdivision; thence running north 1 degree west, along the east line of Fort Acres subdivision, a distance of 492.5 feet to the point of beginning. Tract II . Part of original land lot no. 95, in the 9th district and 4th section of Catoosa County, Georgia, beginning at a point on the west side of the road running north and south through said lot, 636 feet north of the south line of said lot; running thence north with and along said road 375 feet to a corner, being the southeast corner of the L. L. Stapelton lands; thence west with the Stapelton line 850 feet to the land formerly owned by J. C. Howell; thence south with the Howell line 300 feet, more or less, to the north line of the Harris property; thence east with the Harris line 574.3 feet to the Harris northeast corner (being the northwest corner of the Bean property); thence south 76 degrees east 282 feet to the point of beginning. Section 2. 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 1961 session of the General Assembly of Georgia a Bill to amend the charter of the Town of Fort Oglethorpe, Georgia, as enacted by Georgia Laws 1949, page 703, as amended, so as to enlarge the corporate limits of the Town of Fort Oglethorpe, Georgia, and for other purposes. This 2nd day of January, 1961. /s/ A. D. Phillips, Mayor, Town of Fort Oglethorpe, Georgia.

Page 3489

Affidavit of Publisher. Before me, an officer authorized to administer oaths, personally appeared Ned Lee, who, having been duly sworn, on oath says that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News, a newspaper in which sheriff's advertisements are published for Catoosa County, Georgia, on the 5th, 12th, and 19th days of January, 1961, and that he, the said Ned Lee, is the publisher thereof. /s/ Ned Lee Subscribed and sworn to before me, this 21 day of January, 1961. /s/ A. W. Cain, Jr., Notary Public. (Seal). Plat attached to Enrolled Act. Approved April 5, 1961. OFFICE OF MAYOR EMERITUS IN CITIES HAVING POPULATION OF MORE THAN 450,000 PERSONS. No. 522 (House Bill No. 508). An Act to fix retirement benefits for the mayor or other chief executive officer of any city having a population of more than 450,000 according to the last or any future United States census, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. This Act shall apply to all cities of this State having a population of more than 450,000 according to the last or any future United States Census. Where applicable.

Page 3490

Section 2. The governing authorities of all cities to which this Act applies shall establish the office or position of mayor emeritus in the department of mayor. Mayor, emeritus. Section 3. The mayor or other chief executive officer of any such city, upon retirement from active service under any retirement or pension plan in force in the government of such city and who shall have reached the age of sixty-five years and who has been in the active service of such city at the time of retirement for twenty-five years, eight of which shall have been served as mayor of such city, shall immediately become an emeritus officer of said city with the title as set forth in section 2 hereof. He shall serve as such emeritus officer for the remainder of his life or until he resigns therefrom. This Act shall apply to present and future mayors or chief executive officers of any such cities. Qualifications. Section 4. Such mayor emeritus in addition to any pension to which he may be entitled shall be paid an annual salary of $6,000.00, which shall be divided into monthly, semi-monthly or bi-weekly payments and paid out of the treasury of such city. The mayor emeritus shall serve the city in an advisory capacity when requested to do so by the governing authorities of such city. Salary, duties. Section 5. Acceptance of appointment as mayor emeritus under this Act shall not prevent such person from holding an office elective or appointive under the federal, state and county governments, so long as such employment shall not interfere with his duties provided by this Act. Other offices. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 6, 1961.

Page 3491

CHATTOOGA COUNTYORDINARY PLACED ON SALARY BASIS. No. 523 (House Bill No. 612). An Act to provide that the ordinary of Chattooga County be placed on a salary basis in lieu of a fee system of compensation; to provide for clerical help and their compensation; to provide that all fees, commissions and other compensation of the ordinary shall be paid to the fiscal authority of Chattooga County, Georgia; 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 ordinary of Chattooga County, which is now based on a fee system, is hereby abolished, and he shall hereafter be paid a salary as herein provided. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected as compensation for service by the ordinary, shall be received and diligently collected by him for the sole use of Chattooga County, and shall be held as public monies belonging to Chattooga County and accounted for and paid over to the county fiscal authority the tenth day of each month for the immediately preceding month, at which time a detailed itemized statement shall be made by the ordinary under oath showing such collections and the sources from which collected, and the fiscal authority of Chattooga County shall keep a separate account showing such collections and the sources from which they are paid. Placed on salary. Section 2. The ordinary of Chattooga County shall receive a salary of six thousand dollars ($6,000.00) per annum, payable in equal monthly installments out of the funds of the county. Salary. Section 3. The ordinary may appoint such clerical help as he deems necessary. However, not more than one

Page 3492

thousand two hundred dollars ($1,200.00) per annum shall be expended by the county for the compensation of all such employees. Clerical help. Section 4. The provisions of this Act shall become effective upon approval by the Governor. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1961 session of the General Assembly of Georgia a Bill to change the compensation of the ordinary of Chattooga County to a salary basis in lieu of the present mode of compensating said official; to provide the procedure connected therewith; and for other purposes. This 18th day of January, 1961. /s/ Joseph E. Loggins /s/ James H. Floyd 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: Jan. 26 and 19, Feb. 2, 1961. /s/ James H. Floyd, /s/ Joseph E. Loggins, Representatives, Chattooga County.

Page 3493

Sworn to and subscribed before me, this 20th day of February, 1961. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved April 5, 1961. COMPENSATION TO SHERMAN C. BURGESS. No. 60 (House Resolution No. 173-538). A Resolution. To compensate Mr. Sherman C. Burgess; and for other purposes. Whereas, on July 23, 1960, Mr. Sherman C. Burgess had parked his automobile on the right side of U. S. Highway No. 41 adjacent to the Resaca Food Market; and Whereas, a truck belonging to the Georgia Historical Commission and being operated by an employee thereof backed into the side of the automobile causing damage in the amount of $195.13; and Whereas, such loss occurred through no fault or negligence whatsoever on the part of Mr. Burgess and it is only just and proper that he be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Historical Commission is hereby authorized and directed to pay to Mr. Sherman C. Burgess the sum of $195.13 as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said Commission. Approved April 5, 1961.

Page 3494

COMPENSATION TO V. H. PUCKETT. No. 61 (House Resolution No. 186-577). A Resolution. Compensating V. H. Puckett; and for other purposes. Whereas, on or about November 4, 1960, on Thompson Mill Road, approximately four miles east of Buford, Georgia, in Gwinnett County, Mr. V. H. Puckett, while operating his 1953 Ford automobile, was involved with a motor vehicle belonging to the State Department of Corrections operated by an employee thereof; and Whereas, said collision occurred when the operator of the State Department of Corrections' motor vehicle negligently struck Mr. Puckett's automobile in the rear; and Whereas, said collision damaged Mr. Puckett's Ford automobile in the amount of $181.85. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Corrections is hereby authorized and directed to pay the sum of $181.85 to Mr. V. H. Puckett as compensation for damages as set out above. Said sum shall be paid from the funds appropriated to and available for the State Department of Corrections. Approved April 5, 1961.

Page 3495

COMPENSATION TO JOHN BROACH. No. 64 (House Resolution No. 24-39). Compensating John Broach; and for other purposes. Whereas, on October 15, 1959, a 1956 Chevrolet automobile belonging to John Broach was damaged in a collision with a vehicle belonging to the Georgia State Patrol one (1) mile south of Monroe, Georgia, on Highway 11; and Whereas, said collision was caused by the negligent operation of the employee of the Department of Public Safety; and Whereas, Mr. Broach's automobile was damaged to the extent of $64.00; and Whereas, said damage to the automobile of Mr. Broach was caused through no fault of his own. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to pay the sum of $64.00 to John Broach as compensation for the damages as herein set out. Said sums shall be paid from the funds appropriated to and available for the Department of Public Safety. Approved April 5, 1961. COMPENSATION TO NOAH A. POWERS. No. 65 (House Resolution No. 56-142). A Resolution. To compensate Mr. Noah A. Powers, and for other purposes. Whereas, Mrs. Felton Powers, on October 16, 1960,

Page 3496

was driving a 1957 Chevrolet pickup truck owned by Mr. Noah A. Powers south on Seventh Street, Vienna, Georgia, and Whereas, Mr. Powers' pickup truck was struck by a vehicle belonging to the Georgia Forestry Commission, and Whereas, Mr. Powers incurred the following expenses due to the aforesaid accident: destruction of the 1957 Chevrolet pickup truck$995.00; rental for a replacement vehicle from October 16, 1960 to February 15, 1961, at the rate of $5.00 per day$610.00; and Whereas, the driver of Mr. Powers' vehicle, Mrs. Felton Powers, was in no way responsible for said accident, and it is only just and proper that he be compensated for his loss, Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Forestry Commission is hereby authorized and directed to pay Mr. Noah A. Powers the total sum of $995.00 in full and final satisfaction of any and all claims for loss resulting from the accident as set out above. Said sum shall be paid from the funds appropriated to and available to said Georgia Forestry Commission. Approved April 5, 1961.

Page 3497

COMPENSATION TO J. C. DILLARD. No. 67 (House Resolution No. 25-39). A Resolution. Compensating J. C. Dillard; and for other purposes. Whereas, on August 3, 1960, a rock was thrown by the blade of a State Highway grassmower against the home of J. C. Dillard, residing on U. S. Highway 78, seven (7) miles east of Monroe, Georgia; and Whereas, as a result of said casualty, an awning affixed to Mr. Dillard's home was damaged to an extent that the sum of $25.00 was expended for repairs by Mr. Dillard; and Whereas, this damage to Mr. Dillard's home occurred through no fault of his own. 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 $25.00 to J. C. Dillard, Monroe, Georgia, as compensation for damages as set out above. Said sum shall be paid from the funds appropriated to and available for the State Highway Department. Approved April 5, 1961.

Page 3498

COMPENSATION TO NORTH GEORGIA PETROLEUM COMPANY. No. 68 (House Resolution No. 92-269). A Resolution. To compensate the North Georgia Petroleum Company; and for other purposes. Whereas, on Friday, September 18, 1959, John N. Richardson, Jr., an employee of the State Highway Department, while in the course of his duties as such, parked a State Highway truck in the parking lot of the Holiday Marina, in Hall County, Georgia; and Whereas, when backing said vehicle out of said lot, said truck collided with a gasoline pump, knocking the same over and causing damage in the amount of $112.13; and Whereas, said damage occurred through no fault or negligence whatsoever on the part of the North Georgia Petroleum Company, and it is only just and proper that said company 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 the North Georgia Petroleum Company the sum of $112.13 as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said Department. Approved April 5, 1961.

Page 3499

COMPENSATION TO S. CURTIS HARPER. No. 69 (House Resolution No. 149-447). A Resolution. To compensate S. Curtis Harper; and for other purposes. Whereas, on October 31, 1960, a 1960 Chevrolet sedan owned by S. Curtis Harper and driven by his son, Thomas F. Harper, was damaged when struck by a State Highway Department vehicle being operated by Robert McEachin, an employee of the State Highway Department, when the State Highway Department vehicle backed from a stopped position into the path of the Harper vehicle which was being driven south on Broad Street in the City of Jesup, Georgia; and Whereas, the automobile of S. Curtis Harper was damaged in the amount of $80.16, and said damage was caused by the negligence of the operator of the State Highway Department vehicle, and it is only just and proper that compensation be paid therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to S. Curtis Harper the sum of $80.16 as full and final compensation for damages hereinabove enumerated. Said sum shall be paid from funds appropriated to or available to said Department. Approved April 5, 1961.

Page 3500

COMPENSATION TO JAY ROBERTS. No. 70 (House Resolution No. 141-408). A Resolution. To compensate Jay Roberts; and for other purposes. Whereas, Mr. Jay Roberts is the owner of a store adjacent to the intersection of States Routes 280 and 27 in Cusseta, Georgia; and Whereas, it was necessary to rebuild the store front relative to the reconstruction of these highways and a neon sign was damaged in the amount of $125.00; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mr. Jay Roberts the sum of $125.00 as compensation as set out above. Said sum shall be paid from the funds available to or appropriated to said department. Approved April 5, 1961. COMPENSATION TO MRS. G. R. HARRISON. No. 71 (House Resolution No. 83-249). A Resolution. To compensate Mrs. G. R. Harrison; and for other purposes. Whereas, on September 7, 1960, Mrs. G. R. Harrison was driving her Dodge automobile along State Highway #59 in the City of Lavonia, Franklin County, Georgia; and, Whereas, Mrs. Harrison was signaled by an employee

Page 3501

of the State Highway Department's maintenance crew to stop her car and allow traffic to flow by at a point where the highway was being resurfaced; and Whereas, Mrs. Harrison did stop and was waiting for a signal to proceed when a Georgia State Highway Department truck, registration #1-2084, driven by Sammy Gowder, negligently backed into Mrs. Harrison's car causing damage to the left rear fender and rear bumper of her car; and Whereas, Mrs. Harrison had to pay $37.00 to the Kesler Paint, Body and Upholstery Shop of Lavonia, Georgia for a bill rendered by said shop for repairs to the left rear fender and rear bumper of her car; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mrs. G. R. Harrison the sum of $37.00 for damages sustained as set out above. Such payment shall be in full and final satisfaction of any or all claims resulting from this accident. Said sum shall be paid from funds appropriated to or available to the State Highway Department. Approved April 5, 1961. LAW BOOKS TO GILMER COUNTY. No. 72 (House Resolution No. 180-571). A Resolution. Authorizing and directing the State Librarian to furnish certain law books for the clerk of the Superior Court of Gilmer County; and for other purposes. Whereas, the clerk of the Superior Court of Gilmer

Page 3502

County is in need of certain law books in order to transact the business of said court; Now, therefore, be it resolved by the General Assembly of Georgia that the State Library is hereby authorized and directed to furnish to the clerk of the Superior Court of Gilmer County a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports. Be it further resolved that if the State Librarian is unable to furnish all of the aforesaid books the Governor is hereby authorized to draw his warrant on the State Treasury in the amount required to purchase said books. Approved April 5, 1961. LAW BOOKS TO HART COUNTY. No. 73 (House Resolution No. 170-511). A Resolution. Authorizing and directing the State Librarian to furnish certain law books for the clerk of the Superior Court of Hart County; and for other purposes. Whereas, the clerk of the Superior Court of Hart County is in need of certain law books in order to transact the business of said court. Now, threefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the clerk of the Superior Court of Hart County a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports. Be it further resolved that if the State Librarian is

Page 3503

unable to furnish all of the aforesaid books the Governor is hereby authorized to draw his warrant on the State Treasury in the amount required to purchase said books. Approved April 5, 1961. COMPENSATION TO SLASH PINE ELECTRIC MEMBERSHIP CORPORATION. No. 74 (House Resolution No. 191-599). To compensate the Slash Pine Electric Membership Corporation; and for other purposes. Whereas, in July of 1960 a survey party of the State Highway Department, supervised by Mr. M. L. Soper, a resident highway engineer, while conducting a highway survey in Clinch County, Georgia, came upon private property owned by the Slash Pine Electric Membership Corporation, and attempted to take a sample of soil; and Whereas, while in the process of so doing, a two-inch plastic water line was cut in two places by hole diggers being used; and Whereas, in repairing this water line, damages in the amount of fifty-five and 20/100 ($55.20) dollars were incurred by the Slash Pine Electric Membership Corporation; and Whereas, the aforesaid damage was due to no fault of said corporation but attributable to the negligence of the employees of the State Highway Department, it is only just and proper that said corporation be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department

Page 3504

pay to the Slash Pine Electric Membership Corporation the sum of fifty-five and 20/100 ($55.20) dollars as full compensation and settlement of the above enumerated damages. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Approved April 5, 1961. COMPENSATION TO PAIRLON B. BENNETT. No. 76 (House Resolution No. 91-269). A Resolution. Compensating Pairlon B. Bennett; and for other purposes. Whereas, on or about November 28, 1960, an automobile owned and operated by Pairlon B. Bennett was involved in a collision with a vehicle belonging to the State Highway Department and operated by an employee of said department; and Whereas, said collision took place on Shallowford Road in Hall County near Blairsville, Georgia; and Whereas, said collision was caused by the negligent operation of the State Highway Department vehicle; and Whereas, said negligence resulted in repairs being necessitated to Mr. Bennett's automobile in the amount of $140.98; and Whereas, said damages to Mr. Bennett's automobile occurred through no fault of his own. 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

Page 3505

$140.98 to Mr. Pairlon B. Bennett as compensation for damages as set out above. Said sum shall be paid from funds appropriated for and available to the State Highway Department. Approved April 5, 1961. BALDWIN COUNTYELECTION OF BOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 524 (House Bill No. 267). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Baldwin, approved December 26, 1888, (Ga. L. 1888, p. 286), as amended, particularly by an Act approved March 7, 1960, (Ga. L. 1960, p. 2254), so as to provide that the elections for said board shall be conducted by the ordinary of Baldwin County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Baldwin, approved December 26, 1888, (Ga. L. 1888, p. 286), as amended, particularly by an Act approved March 7, 1960, (Ga. L. 1960, p. 2254), is hereby amended by adding to the first paragraph of subsection (b) of section 1 the following language: The ordinary of Baldwin County shall conduct the election for said board and the expenses thereof shall be paid out of the county treasury. So that when so amended subsection (b) of section 1 shall read as follows: Section 1 (b). The incumbent members of the board shall serve for a term ending June 30, 1961, and until

Page 3506

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 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 following their election. The person from each district receiving the highest number of votes shall be the duly elected member from such district. The ordinary of Baldwin County shall conduct the election for said board and the expenses thereof shall be paid out of the county treasury. 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.

Page 3507

Georgia, Baldwin County: Personally appeared before me the undersigned Jere N. Moore, editor and Publisher of The Union-Recorder, the official organ of Baldwin County, who states under oath that the Notice of Intention to Introduce Local Legislation, of which a copy is attached below, did appear in four consecutive issues of the above named paperJanuary 5, 1961, January 12, 1961, January 19, 1961 and January 26, 1961. /s/ Jere N. Moore Sworn to and subscribed before me, this 26th day of January, 1961. /s/ Claudette W. Branan Notary Public, Ga. State at Large. My Commission expires Feb. 12, 1963. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1961 session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for the County of Baldwin, approved December 26, 1888 (Ga. L. 1888, p. 288) as amended, so as to provide that the ordinary shall conduct the election of said board; to provide a qualification fee for candidates seeking election to said Board; and for other purposes. This 3 day of Jan. 1961. /s/ E. C. Kidd, Representative, Baldwin County. Approved April 5, 1961.

Page 3508

COBB COUNTYCHIEF INVESTIGATOR FOR SHERIFF'S OFFICE. No. 525 (House Bill No. 635). An Act to amend an Act relating to the abolition of the fee system in Cobb County and the fixing of salaries for the ordinary, sheriff, deputy sheriff and clerk of the superior court approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved February 8, 1951 (Ga. L. 1951, p. 2279), an Act approved February 13, 1952 (Ga. L. 1952, p. 2529), an Act approved February 24, 1953 (Ga. L. 1953, p. 2550), an Act approved March 7, 1957 (Ga. L. 1957, p. 2740), and an Act approved March 25, 1958 (Ga. L. 1958, p. 3375), so as to provide for the qualifications, appointment and compensation of a chief investigator for Cobb County; to increase the salary of the chief deputy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the abolition of the fee system in Cobb County and the fixing of salaries for the ordinary, sheriff, deputy sheriff and clerk of the superior court approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved February 8, 1951 (Ga. L. 1951, p. 2279), an Act approved February 13, 1952 (Ga. L. 1952, p. 2529), an Act approved February 24, 1953 (Ga. L. 1953, p. 2550), an Act approved March 7, 1957 (Ga. L. 1957, p. 2740), and an Act approved March 25, 1958 (Ga. L. 1958, p. 3375), is hereby amended by striking from section 5 the figure $6,780.00 and substituting in lieu thereof the figure $7,500.00, and by adding at the end of said section a new paragraph which shall read as follows: In addition to those employees as provided for above, there is hereby created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff and shall be under his direct supervision

Page 3509

and control. The individual appointed by the sheriff of Cobb County shall possess as a minimum a high school education and be either a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers, or possess ten years of actual experience as a peace officer. The salary shall be fixed by the Commissioner of Roads and Revenues and the Advisory Board of Cobb County, which salary shall not be less than $5,200.00 nor more than $7,000.00, per annum. so that when so amended section 5 shall read as follows: Section 5. That the sheriff of Cobb County shall have one chief deputy whose salary shall be $7,500.00 per annum to be paid monthly from the funds in the county treasury. Said chief deputy shall offer for said office and be elected to same at the time as the said sheriff offers for office and is elected. That in the event the office of sheriff becomes vacant by death, resignation or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by the said chief deputy who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. That in addition to the said chief deputy the said sheriff shall be authorized and empowered to name and appoint additional deputies as shall be approved from time to time by the commissioner of roads and revenues and the advisory board of Cobb County. The salaries of said additional deputies shall be set by the commissioner of roads and revenues and advisory board of Cobb County provided, however, that said salaries shall not exced $5,200.00 per annum per each additional deputy approved by the said commissioner of roads and revenues and advisory board of Cobb County. In addition to the said chief deputy and other deputies above provided for, the sheriff of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation, to be paid to each shall first be approved by the commissioner of Roads and Revenues and the advisory board of Cobb

Page 3510

County. In addition to those employees as provided for above, there is hereby created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff and shall be under his direct supervision and control. The individual appointed by the sheriff of Cobb County shall possess as a minimum a high school education and be either a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers, or possess ten years of actual experience as a peace officer. The salary shall be fixed by the Commissioner of Roads and Revenues and the Advisory Board of Cobb County, which salary shall not be less less than $5,200.00 nor more than $7,000.00, per annum. Section 2. The provisions of this Act shall become effective the first day of the month following that month in which this Act becomes law. Effective date. Section 3. 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 president of Times-Journal, Inc., publisher 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 27, February 3, and February 10, 1961. /s/ Brooks P. Smith. Sworn to and subscribed before me, this 22nd day of February, 1961. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My Commission expires Sept. 13, 1964. (Seal).

Page 3511

Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made at the 1961 Session of the General Assembly of Georgia for the passage of a bill changing the compensation of the sheriff, the clerk of the superior court, the ordinary; and for other purposes. This 27th day of January, 1961. /s/ Raymond M. Reed, County Attorney, Cobb County, Georgia Approved April 7, 1961. COMPENSATION TO SAM R. DUNLAP. No. 80 (House Resolution No. 43-99). A Resolution. To compensate Sam R. Dunlap for damages suffered to this station wagon as the result of a collision with a Georgia State Patrol car. Whereas, on August 17, 1960, at about 8:56 o'clock a.m., a 1959 Opal station wagon owned by Sam R. Dunlap, a resident of Gainesville, Georgia, was parked on South Bradford Street in front of the Paris-Dunlap Hardware Company in Gainesville, Georgia; and Whereas, said station wagon at such time was struck by a Georgia State Patrol car driven by Trooper Willie Porter Weaver; and Whereas, said station wagon was unoccupied at the time of the accident and was damaged through no fault of the owner, Mr. Dunlap; and Whereas, the left side of said station wagon was

Page 3512

badly damaged and Mr. Dunlap had to have the vehicle repaired at DeLeon Motors, Inc., in Gainesville and such repair bill was in the amount of four hundred eleven and 77/100 ($411.77) dollars; Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety be authorized and directed to pay to Mr. Sam R. Dunlap, the sum of four hundred eleven and 77/100 ($411.77) dollars, damages to his station wagon as hereinbefore enumerated. Such payment shall be in full and final satisfaction of any and all claims resulting from said collision. Such sum shall be paid from the funds appropriated to or available to said department. Approved April 7, 1961.

Page 3513

APPELLATE COURTS SUPREME COURT OF GEORGIA W. H. DUCKWORTH Chief Justice T. GRADY HEAD Presiding Justice T. S. CANDLER Associate Justice BOND ALMAND Associate Justice CARLTON MOBLEY Associate Justice JOSEPH D. QUILLIAN Associate Justice BENNING M. GRICE Associate Justice ROBERT H. BRINSON, JR. Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. EFFIE A. MAHAN Law Assistant CICERO GARNER, JR. Law Assistant J. GRIFFIN PATRICK, JR. Law Assistant W. NOLAN MURRAH Law Assistant MRS. JOLINE B. WILLIAMS Law Assistant MISS KATHARINE C. BLECKLEY Clerk HENRY H. COBB Deputy Clerk ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter A. BROADUS ESTES Sheriff COURT OF APPEALS OF GEORGIA JULE W. FELTON Chief Judge J. M. C. TOWNSEND Presiding Judge IRA CARLISLE Presiding Judge H. E. NICHOLS Judge JOHN SAMMONS BELL Judge JOHN E. FRANKUM Judge ROBERT H. JORDAN Judge ROBERT H. HALL Judge HOMER C. EBERHARDT Judge CHARLES N. HOOPER Law Assistant MRS. ALFREDDA WILKERSON Law Assistant H. GRADY ALMAND Law Assistant BEN ESTES Law Assistant E. BYRON HILLEY Law Assistant A. SIDNEY PARKER Law Assistant ROY M. THORNTON, JR. Law Assistant MRS. HELEN T. HARPER Law Assistant MORGAN THOMAS Clerk RALPH E. CARLISLE Deputy Clerk ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter CHARLES W. BALDWIN Sheriff

Page 3514

SUPERIOR COURT CALENDAR FOR 1961 JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, Rt. 1, Nashville. VICKERS NEUGENT, Solicitor-General, Austin St., Pearson. 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 3515

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; JOHN F. HARDIN, Augusta (effective 8-1-61), 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. SAM P. BURTZ, Judge, Canton. JESS H. WATSON, Solicitor-General, Cumming. 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 3516

BRUNSWICK CIRCUIT. HON. DOUGLAS F. THOMAS, Judge, Jesup. JACK W. BALLENGER, Solicitor-General, RFD 2, Baxley. 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. TOM POPE, Solicitor-General, Dalton. 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 3517

CLAYTON CIRCUIT. HON. HAROLD R. BANKE, Judge, Rt. 1, Forest Park. D. M. JOHNSON, Solicitor-General, Forest Park. ClaytonFirst Mondays in February, May, August and November. COBB CIRCUIT. HON. JAMES T. MANNING, Marietta; ALBERT J. HENDERSON, JR., Marietta, Judges. LUTHER C. HAMES, JR., Solicitor-General, Marietta. CobbSecond Mondays in February, April, June, August, October, and first Monday in December. Effective May 1, 1961: Second Mondays in January, March, May, July, September and November. 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. LAMAR KNIGHT, 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 3518

DUBLIN CIRCUIT. HON. HAROLD E. WARD, Judge, Dublin. W. W. LARSEN, JR., Solicitor-General, Dublin. JohnsonThird Mondays in March, June, September, and December. LaurensFourth Mondays in January, April, July and October. 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 3519

GWINNETT CIRCUIT. HON. CHAS. C. PITTARD, Judge, Duluth. JACK HOLLAND, Solicitor-General, Ridgecrest Dr., Lawrenceville. Gwinnett: First Mondays in January, March, May, July and November; second Monday in September. LOOKOUT MOUNTAIN CIRCUIT. HON. SAMUEL W. FARISS, Judge, LaFayette. 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; HAL BELL, Macon, 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. HoustonFirst Mondays in February, May, and November; third Monday in August. PeachFirst and second Mondays in March and August, and third and fourth Mondays in November. MIDDLE CIRCUIT. HON. ROBERT H. HUMPHREY, Judge, Swainsboro. WALTER C. McMILLAN, JR., Solicitor-General Sandersville. 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 3520

MOUNTAIN CIRCUIT. HON. LAMAR N. SMITH, Judge, Toccoa. BEN F. CARR, Solicitor-General, Blairsville. 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 3521

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. ALBERT D. MULLIS, Solicitor-General, Eastman. BleckleyFirst Monday in March and second Mondays in July and November. DodgeSecond Monday in January; third Mondays in May, August, 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. WALTON USHER, Judge, Guyton. COHEN ANDERSON, Solicitor-General, Statesboro. 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 3522

PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. JOE M. RAY, 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. RICHARD B. RUSSELL, III, Judge, Winder. 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. 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.

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SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, Americus. STEPHEN PACE, JR., 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; H. O. HUBERT, JR., Decatur; WILLIAM T. DEAN, Conyers, 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. HaralsonFourth Monday in April; second Monday in August; first Monday in December. Paulding: Second Monday in April; fourth Monday in July; second Monday in October. Polk: Fourth Mondays in February and August.

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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. KENNETH E. GOOLSBY, Solicitor-General, Thomson. 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.

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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.

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INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Baker County Board of Education 618 Bibb County; business licenses, regulations 611 Calhoun County; revenue bonds 616 Camden County Board of Education 597 Chatham County; tax exemption authorized 603 City of Cordele; revenue bonds 609 Crisp County; revenue bonds 606 Freedom from compulsory association, taxation 595 Gainesville and Hall County Development Authority 600 Peace officers subsistence allowance not taxable as income 614 Rockdale County; ordinances for policing county 622 Turner County Development Authority 624 MEMORIALS AND REQUESTS TO CONGRESS. Protesting position of Federal Government condoning illegitimate births 231 Study of tariff rates by members from Georgia urged 577 CODE SECTIONS. 13-2002Amending Bank directors 196 Chapter 19-2Amending Certiorari procedure 190 21-105Amending Coroners of certain counties (34,000-38,500) 2281 21-105Amending Coroners of certain counties (42,000-43,500) 194 21-105Amending Coroners of certain counties (135,000-140,000) 203 21-105Amending Coroners of certain counties (250,000-500,000) 153 23-1403Amending County police 217 24-901Amending Justice of the Peace Courts 479 24-2101Amending Terms of Courts of Ordinary 461 24-2715Amending Duplicate index books 116 24-2728Amending Superior court clerks fees in certain counties (250,000-500,000) 423 24-2823Amending Feeding of prisoners in certain counties (250,000-500,000) 500 24-3103Amending Court reporter of Piedmont Judicial Circuit 126 24-3501, 24-3502Amending Court of Appeals 140 26-2620Amending Receiver of stolen goods 118 Chapter 26-45Amending Escape defined 556 26-4507Amending Escape 491 26-6908Amending Fishing on the Sabbath 157 32-909Amending Boards of Education 35 32-910Amending Hearings, etc. by Boards of Education 39 32-937Amending Boards of Education 35 32-937Amending Married students attending public schools 201

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34-9936Enacted Solicitation of votes near polling places 557 35-604Repealing Inspection of State Institutions 117 38-1501Amending Witness fees in certain counties (45,500-47,000) 494 40-504Amending Compensation of Secretary of State 66 40-901Amending State Treasurer's compensation 133 Chapter 42-1Amending Drug and Cosmetic Act 529 Chapter 42-6Repealing Milk Products 501 42-9901Repealing Georgia Drug and Cosmetic Act 529 42-9914Repealing Milk products 501 47-101Amending Apportionment of House of Representatives 111 47-111Repealing Inspection of State Institutions 119 54-105Amending Compensation of Commissioner of Labor 185 56-1013Amending Investments by insurers 458 57-118Enacting Interest rates on loans to corporations 300 59-108Amending Selection of jurors in certain counties 134 67-103Amending Mortgages by public utilities 468 68-206, 68-207Repealing Motor vehicles 68 68-222Repealing Motor vehicles 68 68-9904Repealing Motor vehicles 68 77-103Amending Feeding of prisoners in certain counties (250,000-500,000) 500 Chapter 79-5Amending Name changing 129 84-303Amending Architects 462 84-317Repealing Architects 462 84-318Amending Architects 462 84-1411, 84-1412Amending Real estate brokers and salesmen 498 87-301, 87-302Amending Validation of bonds 168 91-105Amending Vending machines in State Capitol 218 91-804AAmending Disposition of county owned property 195 92-3105Amending Income tax 180 92-3109Amending Income taxes 565 92-3110Amending Income taxes 565 92-3120Amending Income taxes 565 92-3402Enacting Estate taxes 455 92-4003Enacting Maps of municipalities 435 92-4101Amending Not applicable to City of Warwick 515 92-5301Amending Tax collectors in certain counties (19,670-19,925) 442 92-5713Enacting Release of tax liens 160 92-6907Amending Tax assessors 563 92-8428Enacting Remittances to Revenue Department 445 Chapter 108-6Amending Trust estates 207 110-104Amending Motions for directed verdicts 216 113-1518Amending Investments by executors, etc. 188 COURTS. COURT OF APPEALS. Additional judges 140

Page 3528

SUPERIOR COURTS. Assistant solicitors-general and clerks in certain counties (135,000-140,000) 214 Atlanta Judicial Circuit; judges emeritus 183 Atlanta Judicial Circuit; salary of solicitor-general 484 Augusta Judicial Circuit; additional judge 60 Clerks fees in certain counties (150,000-175,000) 3021 Clerks fees in certain counties (250,000-500,000) 423 Cobb Judicial Circuit; compensation of assistant solicitor-general 553 Cobb Judicial Circuit; compensation of judges 115 Cobb Judicial Circuit; law books 2811 Cobb Judicial Circuit; terms of court 125 Compensation of judges in certain counties (42,000-43,500) 193 Court reporters expense and travel allowance 354 Coweta Judicial Circuit; salary of solicitor-general 25 Eastern Judicial Circuit; law books 2806 Gwinnett Judicial Circuit; law books 2807 Judges' bailiffs and secretaries in certain counties (115,000-140,000) 227 Judges' Emeritus Act; amended 64 , 429 Macon Judicial Circuit; law books 2795 Mountain Judicial Circuit; purchase of law books ratified 2805 Northern Judicial Circuit; compensation of judge 473 Northern Judicial Circuit; law books 2813 Piedmont Judicial Circuit; court reporter 126 Rome Judicial Circuit; salaries 49 Salaries of solicitors-general in certain counties (135,000-140,000) 225 Solicitors-general retirement fund Act amended 226 Southern Judicial Circuit; judges salary 41 Southern Judicial Circuit; salary of solicitor-general 492 Stone Mountain Judicial Circuit; reporter's salary 426 Tallapoosa Judicial Circuit; assistant solicitor-general 165 Tallapoosa Judicial Circuit; terms, grand juries 223 Use of microfilm photographic equipment by clerks of certain counties (50,000-75,000) 3136 Western Judicial Circuit; Salary of solicitor-general 424 CITY COURTS. Athens; salaries 3139 Baxley; solicitor, juries 2003 Brunswick; bailiffs 2193 Carrollton; judge's salary 2980 Chattooga County; act amended 2766 Floyd; judge's salary 2106 Griffin; salaries of judge and solicitor 3410 Judges in certain city courts (6,200-6,220) 2031 Richmond; judge's salary 2643 Savannah; judge's salary 2411

Page 3529

Secretaries to judges in certain counties (135,000-140,000) 2558 Springfield; judge's salary 2881 Springfield; rules of procedure, jury terms, etc. 2923 Statesboro; compensation of judge and solicitor 2190 Sylvania; salaries of judge and solicitor 2955 Thomasville; salary of solicitor-general 2098 Trial of traffic offenses in certain counties (62,000-70,000) 3437 CIVIL COURTS. DeKalb; salaries, assistant solicitor 2461 COUNTY COURTS. Atkinson; qualifications of judge and solicitor 2175 CRIMINAL COURTS. DeKalb; salaries, assistant solicitor 2461 Fulton; assistant solicitors-general 2032 JUVENILE COURTS. Clarke; judge's salary 3108 Juvenile Court Act amended as to certain counties (150,000-250,000) 466 Superior court judge to sit as juvenile court judge in certain counties (130,000-140,000) 402 MUNICIPAL COURTS. Atlanta; chief law clerk 2639 Atlanta; contempt 3016 Augusta; created 2732 Savannah; judges' salary 3432 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Appling; compensation of commissioners, county attorney 2194 Baker; board of education, proposed amendment to the Constitution 618 Baker; election of county commissioners 3387 Baldwin; election of board of commissioners 3505 Barrow; compensation of county commissioners and clerk 2876 Bibb; business licenses, regulations, proposed amendment to the Constitution 611 Brooks; sheriff placed on salary 2977 Bulloch; compensation of chairman of commissioners 2177 Butts; audits, etc. 2011 Butts; ordinary placed on salary 2018 Butts; sheriff placed on salary 2022 Butts; tax collector placed on salary 2014 Calhoun; revenue bonds, proposed amendment to the Constitution 616

Page 3530

Camden; board of education, proposed amendment to the Constitution 597 Camden; commissioner districts 2112 Candler; commissioners of roads and revenues 2929 Carroll; tax commissioner's compensation 2624 Catoosa; clerical help for sheriff's office 2608 Catoosa; clerical help for tax commissioner 2641 Catoosa; commissioner's compensation; county attorney 2555 Charlton; fire district 3019 Chatham; board of education retirement system 2519 Chatham; civil service system, referendum 3072 Chatham; local government commission 2472 Chatham; members of planning commission 2899 Chatham; revenue bonds 2409 Chatham; tax exemptions, proposed amendment to the Constitution 603 Chatham; terms of members of Savannah District Authority 2958 Chattooga; ordinary placed on salary 3491 Cherokee; county police 3124 Clarke; building code, etc. 2317 Clarke; business licenses, etc. 2373 Clarke; compensation of board of commissioners 3419 Clarke; improvement of streets, etc. outside municipalities 2311 Clarke; land conveyance 252 Clarke; ordinances 2377 Clarke; storm sewers, street lights, etc. 2403 Clarke; water, sanitation, etc. districts 2331 Clayton; Clayton County Water Authority 3130 Clayton; compensation of tax commissioner 3154 Clayton; salary of ordinary 2774 Clinch; board of commissioners of roads and revenues 2304 Cobb; chief investigator for sheriff's office 3508 Cobb; fire prevention districts 3407 Cobb; salaries of tax commissioner and clerk 3435 Cobb; taxes in sewage districts 2621 Colquitt; compensation of county officers 3393 Colquitt; small claims courts 2852 Coweta; compensation of ordinary 2026 Crawford; compensation of treasurer 3078 Crisp; revenue bonds, proposed amendment to the Constitution 606 Decatur; treasurer's salary 2702 DeKalb; board of commissioners 3461 DeKalb; salaries of named officers 3484 Dodge; clerical help for clerk of superior court 3128 Dodge; compensation of clerk to tax commissioner 3030 Dodge; compensation of commissioner's clerk 3006 Dodge; special deputy sheriff 3424 Dougherty; salary of tax commissioner 2487 Douglas; coroner placed on salary 2510 Effingham; compensation of county commissioners 3454

Page 3531

Effingham; treasurer's salary 2894 Elbert; sheriff placed on salary 2778 Fannin; compensation of ordinary 2329 Fannin; salary of tax receiver 2328 Floyd; compensation of board of education 2396 Floyd; compensation of commissioners 2290 Floyd; compensation of tax commissioner's employees 2267 Floyd; officers' salary Act amended 2234 Floyd; Rome-Floyd County Industrial Development Authority 3207 Floyd; treasurer's salary 2401 Forsyth; compensation of Commissioners 2250 Forsyth; compensation of ordinary 2392 Franklin; sheriff's bond 2913 Fulton; Atlanta-Fulton County Recreation Authority 3106 Fulton; chief deputy clerk of superior court 3080 Fulton; civil service board, county agent 2623 Fulton; court study commission 2795 Fulton; recreational areas 3379 Fulton; teachers' retirement system Act amended 3440 Gilmer; compensation of commissioner, advisory board 2095 Gilmer; law books 3501 Glynn; compensation of commissioners and clerk 2186 Glynn; coroner placed on salary 2188 Gordon; compensation of county commissioner and clerk 2243 Gordon; sheriff's compensation 2279 Gordon; tax commissioner 2384 Greene; commissioners of roads and revenues 2223 Greene; officers placed on salaries 2182 Greene; tax commissioner placed on salary 2180 Gwinnett; law books 2808 Gwinnett; personnel of tax commissioner's office 2791 Hall; compensation of commissioners 2121 Hall; development authority, proposed amendment to the Constitution 600 Hall; meetings of commissioners 2123 Haralson; salary of commissioner 2119 Hart; law books 3502 Henry; building, etc. codes 2549 Henry; officers salary act amended 2007 Henry; water authority 2588 Houston; compensation of tax receiver 2386 Jackson; sheriff's expenses 2514 Jenkins; compensation of ordinary 2324 Lamar; clerical help for tax commissioner 2421 Lamar; commissioners' salaries 2109 Laurens; salary of clerk of superior court 2367 Lincoln; law books 2803 Lowndes; clerical help for ordinary 3219 Lumpkin; compensation of commissioner 2638

Page 3532

Lumpkin; compensation of tax commissioner 2818 McIntosh; compensation of ordinary 3127 Macon; compensation of county commissioner 3449 Madison; compensation of clerk of county commissioner 2231 Meriwether; commissioner districts, referendum 3058 Meriwether; office of treasurer abolished, referendum 3223 Meriwether; officers placed on salaries, referendum 3456 Meriwether; tax commissioner placed on salary, referendum 3416 Miller; compensation of county commissioners 2656 Morgan; compensation of assistants to clerk of superior court 3104 Muscogee; board of education 2394 Muscogee; eminent domain, etc. 3133 Newton; salary of commissioner of roads and revenues 3062 Oglethorpe; compensation of advisory board 2552 Paulding; water authority 2837 Peach; compensation of tax commissioner 3039 Pierce; compensation of commissioners and clerk 2115 Pulaski; commissioner's salary 2903 Randolph; election of commissioners 2096 Rockdale; ordinances for policing county, proposed amendment to the Constitution 622 Rockdale; salary of county commissioner 2967 Seminole; treasurer's salary 2102 Spalding; compensation of county commissioners 3376 Spalding; compensation payable to county depository 2983 Stephens; airport authority 2423 Sumter; compensation of county commissioners 3242 Talbot; tax commissioner's compensation 2265 Tattnall; board of commissioners 3473 Toombs; board of commissioners 2035 Turner; development authority, proposed amendment to the Constitution 624 Twiggs; board of commissioners of roads and revenues 2815 Union; clerical help for tax commissioner 3481 Union; sheriff placed on salary 2458 Walker; attorney, contracts 2276 Ware; officers placed on salaries 2465 Webster; salary of county commissioner 2950 Wheeler; commissioner's salary, clerk and county attorney 2870 Wheeler; compensation of ordinary 3027 Wheeler; treasurer's salary 3022 Whitfield; contracts 2632 Wilkes; compensation, clerical help, meeting of board of commissioners 2294 COUNTIES AND COUNTY MATTERSBY POPULATION. Population Bracket 2,700-3,250 Compensation of county commissioners 2869 2,700-3,250 Expense allowances for county commissioners 3406

Page 3533

2,700-3,250 Sheriffs' compensation 3453 5,900-6,000 Compensation of tax receivers 2991 6,200-6,220 Judges of city courts 2031 6,515-6,650 Fishing on the Sabbath 157 6,520-6,560 Compensation of tax receivers 2354 6,910-6,950 Compensation of tax commissioners 2420 7,370-7,450 Compensation of tax commissioners 2541 7,950-8,150 Compensation of tax collectors 3401 7,950-8,150 Compensation of tax commissioners 2865 7,950-8,150 Compensation of tax receivers 3014 7,950-8,150 Sheriff's expense allowance 3113 13,050-13,150 Sheriff's compensation 2790 14,560-15,200 Jurisdiction of ordinaries 3442 16,700-16,800 Compensation of board of education 2640 17,600-17,700 Compensation of coroners 3141 17,600-17,700 Treasurer's compensation 3226 18,000-18,100 Small claims courts 2298 19,500-19,700 Small claims courts 3142 19,670-19,925 Tax collectors compensation 442 25,000-26,000 Airport authorities 2819 33,300-34,056 Small claims courts 2852 34,050-34,200 Tax assessors, terms, etc. 2355 34,225-34,500 Small claims courts 3215 39,500-42,000 Building, etc. codes 2364 40,000-50,000 (1940 Census) 1949 Salary act repealed 2357 42,000-43,500 Compensation of superior court judges 193 42,000-43,500 Coroners' compensation 194 45,500-47,000 Witness fees 494 49,500-50,000 Road tax 2125 50,000-75,000 Use of microfilm photographic equipment by superior court clerk 3136 62,000-70,000 Trials of traffic offenses 3437 100,000-300,000 Use of voting machines 3153 115,000-140,000 Judges' bailiffs and secretaries 227 130,000-140,000 Juvenile courts 402 135,000-140,000 Assistant solicitors-general and clerks 214 135,000-140,000 City courts Act amended 2558 135,000-140,000 Compensation of coroners 203 135,000-140,000 Compensation of solicitors-general 225 135,000-140,000 Law libraries (1950 Census) 3443 135,000-140,000 Officers compensation 2688 136,000-157,000 Selection of jurors 134 150,000-175,000 Fees of clerks of superior courts 3021 150,000-250,000 Juvenile courts 466 150,000-175,000 Law libraries established 2482 150,000-300,000 Local government commissions where municipality with population of 100,000, Act repealed 3396 150,000-175,000 Terms of tax assessors 2990 160,000-250,000 Bailiff for courts of ordinary 2921

Page 3534

200,000 or more Act fixing compensation of coroners repealed 3245 200,000 or more Act regulating recording of plats repealed 2879 200,000 or more Chiefs of police 3434 200,000 or more; (1920 Census) Employees retirement Act repealed 3121 200,000 or over; taxation of personalty, prior Act repealed 3392 250,000-500,000 Building codes 3018 , 3378 250,000-500,000 Cadastral surveys 2919 250,000-500,000 Codemnation of fire station sites 2993 250,000-500,000 Coroners 153 250,000-500,000 Duties of jury commissioners 3000 400,000 or more Use of pre-prepared tax returns 2911 500,000 or more Compensation of commissioner 2944 500,000 or more County commissioners 3012 500,000 or more Custody and control of tax deeds 2936 500,000 or more Emeritus officers 2615 500,000 or more Emeritus officers of school system 2514 500,000 or more Eminent domain by county boards of education 2864 500,000 or more Group life insurance for employees 2880 500,000 or more Investment of surplus funds by county boards of education 2862 500,000 or more Licensing of plumbers and steamfitters 3095 500,000 or more Pensions of members of police departments 3476 500,000 or more Pension rights of employees 3244 500,000 or more Purchasing departments 3009 500,000 or more Recording of plats and subdividing land 3439 500,000 or more Selection of jurors 2928 500,000 or more Tax fi. fas. 3087 Over 500,000 Funds to county boards of education 3414 Over 500,000 Voter registration 162 , 164 COUNTIES AND COUNTY MATTERSBY POPULATION OF CITIES. Population Bracket 13,500 or over; Recording of plats of survey, etc. 105 MUNICIPAL CORPORATIONSNAMED CITIES. Acworth; corporate limits 2610 Albany; voter registration 3063 Alpharetta; new charter 2127 Americus; new charter, referendum 3251 Athens; authority to close named street 3221 Athens; charter amended 3048 Atlanta; Atlanta-Fulton County Recreation Authority 3106 Atlanta; chief deputy revenue collector 3421 Atlanta; chief law clerk of municipal courts 2639 Atlanta; court study commission 2795 Atlanta; emeritus officers 2699

Page 3535

Atlanta; emeritus offices for board of education 2619 Atlanta; salary of inspector of buildings 2628 Atlanta; taxation for public schools 2417 Augusta; civil service commission 2360 Augusta; eminent domain outside corporate limits 2358 Austell; corporate limits 3477 Baxley; charter amended, referendum 2197 Bogart; tax rate 3217 Blakely; construction codes 2272 Blakely; corporate limits, referendum 2245 , 2260 Bremen; charter amended 2772 , 2786 Brunswick; charter amended 2212 Buena Vista; charter amended 2350 Calhoun; corporate limits 2369 Canton; charter amended 3389 Carrollton; charter amended, referendum 3118 Carrollton; city supervisor 2945 Carsonville; act creating repealed 2686 Cartersville; corporate limits, referendum 2782 , 3382 , 3469 Cedartown; corporate limits 3246 Chattahoochee Plantation; incorporated 3178 Clarkston; charter amended 2861 Claxton; new charter 3312 Columbus; authority to sell land 3044 Columbus; conveyance of land 3446 Columbus; exchange of lands authorized 262 Columbus; mayor's duties 3397 Comer; hours of holding elections 2326 Cordele; authority to close and sell alley 2757 Cordele; corporate limits 2961 Cordele; revenue bonds, proposed amendment to the Constitution 609 Cumming; corporate limits, referendum 2252 Dahlonega; charter amended 3149 Dalton; authority to close Whitfield Street 2917 Dalton; corporate limits 2413 Darien; authority to close street 3028 Decatur; charter amended 2835 Dublin; city manager, referendum 2598 Dublin; taxation for schools 2388 East Ellijay; tax rate 2905 East Point; charter amended 2625 Elberton; corporate limits 3005 , 3249 Ellijay; new charter 2067 Emerson; terms of mayor and aldermen 2292 Fairburn; authority to close street 3115 Folkston; compensation of mayor and councilmen 2539 Forest Park; charter amended 2503 Forest Park; corporate limits 3427 Forsyth; charter amended, referendum 2994 Gainesville; ad valorem taxes 2595

Page 3536

Gainesville; civil service act amended 2561 Gainesville; corporate limits 3088 Gainesville; development authority, proposed amendment to the Constitution 600 Gray; charter amended 2416 Gray; name changed from Town of Gray 3121 Griffin; appearance bonds 2348 Griffin; corporate limits 2285 Griffin; qualifications and election of board of commissioners 2299 Guyton; name changed to City of Guyton 2948 Hampton; authority to close streets, etc. 2646 Hapeville; charter amended 2516 , 2634 Hazlehurst; tax returns 2408 Holly Springs; corporate limits 2938 Hull; franchises and licenses 2103 Jefferson; charter amended 2952 Jesup; charter amended 2334 LaGrange; corporate limits 2043 LaGrange; eminent domain 2915 Lumpkin; corporate limits 2485 Macon; authority to close alley 2567 Macon; corporate limits 3227 Macon; corporate limits, referendum 2441 Manchester; corporate limits, referendum 2760 Marietta; charter amended 2985 Menlo; charter amended 2497 Milner; hours of holding elections 3076 Monroe; charter amended 2563 , 2873 Montezuma; corporate limits 2405 Morrow; charter amended 2490 Moultrie; tax rate, referendum 3041 Nellieville; Act creating repealed 2730 Nelson; tax rate 3024 Newnan; authority to close named street 2210 Newnan; duties of city manager 2258 Norcross; corporate limits, referendum 2583 Ocilla; charter amended 2500 Ocilla; voter registration 2543 Oglethorpe; corporate limits 3487 Oxford; compensation of mayor and councilmen 3137 Pavo; election of mayor and councilmen 3101 Port Wentworth; charter amended 3066 Powder Springs; corporate limits 2605 Rhine; corporate limits 2302 Rincon; charter amended 3238 Rockmart; corporate limits 2399 Rockmart; corporate limits, referendum 2931 Rome; compensation of city commissioners 2282 Rome; police and fire department chiefs 3033 , 3234 Rome; Rome-Floyd County Industrial Development Authority 3207

Page 3537

Rossville; corporate limits 2896 Roswell; corporate limits 2511 Sandersville; corporate limits 2926 Sandersville; police court 2867 Savannah; board of education retirement system 2519 Savannah; corporate limits, 1960 Act repealed 2028 Savannah; corporate limits, referendum 2969 Savannah; local government commission 2472 Savannah; revenue bonds 2409 Savannah; terms of members of Savannah District Authority 2958 Shiloh; chartered 2045 Smyrna; charter amended 2571 Soperton; new charter 3338 Spring Place; tax rate, referendum 3403 Summerville; new charter, referendum 2658 Suwanee; new charter, referendum 3156 Swainsboro; terms of mayor and councilmen, elections 3010 Toccoa; elections 3083 Toccoa; airport authority 2423 Temple; voter registration 2617 Thomaston; charter amended 2907 Thomasville; tax rate for support of schools 3451 Trenton; registration of voters 2939 Ty Ty; charter amended 2887 Warrenton; corporate limits 2320 Warwick; charter amended 3091 Warwick; Code 92-4101 through 92-4104 not applicable 515 Waycross; arbitration of tax assessments 3002 Waycross; group insurance for employees 2308 West Point; charter amended, referendum 2650 Winder; assessments for sanitary purposes 2559 Woodstock; charter amended 3110 Zebulon; new charter, referendum 2704 MUNICIPAL CORPORATIONSBY POPULATION. POPULATION BRACKET. Population Bracket 47,500-49,500 Annexation by ordinance 3386 100,000 or more Local government commissions where located in county of between 150,000-300,000 persons, Act repealed 3396 150,000 or more Firemens' Pension Act amended 2629 , 2777 , 3373 150,000 or more Pension system 2028 , 2542 , 2631 150,000 or more Police Pension Act amended 2481 , 2510 , 2885 , 3466 Over 200,000 Taxation on personalty, prior Act repealed 3392 More than 450,000 Office of mayor emeritus created 3489 RESOLUTIONS AUTHORIZING COMPENSATION. Compensation to Pairlon B. Bennett 3504 Compensation to John Broach 3495

Page 3538

Compensation to George C. Brown 2802 Compensation to Sherman C. Burgees 3493 Compensation to J. C. Dillard 3497 Compensation to Sam R. Dunlap 3511 Compensation to H. L. Hackney 2801 Compensation to S. Curtis Harper 3499 Compensation to Mrs. G. R. Harrison 3500 Compensation to Fish Howard 2809 Compensation to Mrs. Frances S. Ivey 2810 Compensation to Johnie H. Kicklighter 239 Compensation to Hubert Kidd 2812 Compensation to Joseph Paul Larman 2799 Compensation to Mrs. Mary Lee 2412 Compensation to North Georgia Petroleum Company 3498 Compensation to Noah A. Powers 3495 Compensation to V. H. Puckett 3494 Compensation to Jay Roberts 3500 Compensation to Seaboard Construction Co. 2479 Compensation to Slash Pine Electric Membership Corp. 3503 Compensation to T. W. Smith 2799 Compensation to Jack W. Stewart 2798 RESOLUTIONS AUTHORIZING LAND CONVEYANCES. Land conveyance to Clarke County 252 Sale of land in East Point, Georgia authorized 291 Transfer of lands from Forestry Department to Department of Defense 295 Exchange of lands in Muscogee County authorized 262 Conveyance of land to William M. Ransom and Kerry E. Ransom authorized 257 Exchange of lands in Sumter County 573 MISCELLANEOUS RESOLUTIONS. Attorney-General to study pupil placement requirements 261 Board of Regents urged to make Abraham Baldwin College a four year college 254 Boards of Control of State training schools urged to make grants to deserving students 288 Cleve Cox Landing designated 251 Cobb Bridge designated 275 Construction of Lonnie Pope Bridge authorized 280 Committee to study budget system of State 297 Committee to study Uniform Commercial Code 281 Construction of museum by Georgia Historical Commission 233 Criminal Law Study Committee 96 Disposition of plaque in memory of Alexander Harry Wray 232 Distribution of Georgia Official and Statistical Register 238 Dredging of channel at Kings Bay Terminal urged 287 Election Laws Study Committee 276

Page 3539

Emmett R. and Myrvin H. Culbreth Bridges designated 234 Excused absences for pages serving General Assembly 580 Funds for program of county property re-evaluation 576 General Assembly adjournment resolution 139 Governor's Mansion Committee 283 Hon. Clarke W. Duncan member State Highway Board 577 Hon. Frank Edwards elected Legislative Counsel 579 Increase in minimum wage of Highway Department urged 590 Law books to Cobb Judicial Circuit 2811 Law books to Eastern Judicial Circuit 2806 Law books to Gilmer County 3501 Law books to Gwinnett County 2808 Law books to Gwinnett Judicial Circuit 2807 Law books to Hart County 3502 Law books to Lincoln County 2803 Law books to Macon Judicial Circuit 2795 Law books to Northern Judicial Circuit 2813 McMullan Boulevard designated 274 Mansion Sites Commission extended 237 Memory of Dr. Thomas B. Janes honored 286 Monuments to be placed at Gettysburg National Military Park and Antietam National Battlefield Site 299 Observance of Civil War Centennial 99 Paul A. Green Bridge designated 285 Postmaster-General urged to establish branch post office in Capitol Hill area 581 Preference to products manufactured in Georgia 260 Purchase of law books for Mountain Judicial Circuit ratified 2805 Restoration of Fort McAllister authorized 279 Restoration of White House at Augusta authorized 289 Richard B. Russell Bridge designated 235 S. Ernest Vandiver Bridge designated 255 Study Committee of Peace Officers' Annuity and Benefit Fund 294 T. E. Vickery relieved as security on bond 2814 Wallace Pryor relieved as surety on bond 2803

Page 3540

INDEX A ABRAHAM BALDWIN AGRICULTURAL COLLEGE Resolution urging establishment of four year college 254 ACWORTH, CITY OF Corporate limits 2610 ADJOURNMENT RESOLUTION General Assembly 139 ADOPTIONS Rights vested by final decree 219 Substitute birth certificates 120 ADVERTISING False advertising a crime 197 AGRICULTURE Georgia Agricultural Commodities Promotion Act 301 Georgia Milk Commission Act amended 447 Milk and milk products 501 AID TO COUNTIES Ad valorem taxation equalization programs 107 Water pollution control 109 AIRPORTS Airport authorities in certain counties (25,000-26,000) 2819 ALBANY, CITY OF Voter registration 3063 ALPHARETTA, CITY OF New charter 2127 AMERICUS, CITY OF New charter, referendum 3251

Page 3541

ANNEXATION Annexation by ordinance in certain municipalities (47,500-49,500) 3386 ANTIETAM NATIONAL BATTLEFIELD SITE Placing of monument authorized 299 APPLING COUNTY Compensation of commissioners, county attorney 2194 APPORTIONMENT House of Representatives 111 APPROPRIATIONS Department of Labor 198 General Appropriations Act 356 ARCHITECTS Qualification and registration 462 ATHENS, CITY OF Authority to close named street 3221 Charter amended 3048 ATHENS, CITY COURT OF Salaries 3139 ATKINSON COUNTY, COUNTY COURT OF Qualifications of judge and solicitor 2175 ATLANTA, CITY OF Atlanta-Fulton County Recreation Authority 3106 Chief deputy municipal revenue collector 3421 Chief law clerks of municipal courts 2639 Court study commission 2795 Emeritus offices 2699 Emeritus offices for board of education 2619 Salary of inspector of buildings 2628 Taxation for public schools 2417 ATLANTA JUDICIAL CIRCUIT Judges emeritus 183

Page 3542

ATLANTA, MUNICIPAL COURT OF Contempt 3016 ATLANTIC JUDICIAL CIRCUIT Salary of solicitor-general 484 ATTORNEY GENERAL Compensation 67 Compensation of attorney-general and assistants 131 Study of pupil placement requirements 261 AUGUSTA, CITY OF Civil service commission 2360 Eminent domain outside corporate limits 2358 AUGUSTA JUDICIAL CIRCUIT Additional judge 60 AUGUSTA, MUNICIPAL COURT OF CITY OF Created 2732 AUSTELL, CITY OF Corporate limits 3477 B BAKER COUNTY Board of Education, proposed amendment to the Constitution 618 Election of county commissioners 3387 BALDWIN, ABRAHAM, AGRICULTURAL COLLEGE Resolution urging a four year college 254 BALDWIN COUNTY Election of board of commissioners of roads and revenues 3505 BANKS COUNTY Superior court court reporter 126 BANKS AND BANKING Directors 196

Page 3543

BARROW COUNTY Compensation of county commissioners and clerk 2876 Superior court court reporter 126 BASTARDY Protesting position of Federal Governing condoning illegitimate births 231 BAXLEY, CITY OF Charter amended, referendum 2197 BAXLEY, CITY COURT OF Solicitor, juries 2003 BENNETT, PAIRLON B. Compensation to Pairlon B. Bennett 3504 BIBB COUNTY Business licenses, regulations, proposed amendment to the Constitution 611 BIRTH CERTIFICATES Substitute birth certificates 120 BLAKELY, CITY OF Construction codes 2272 Corporate limits, referendum 2245 , 2260 BLIND Aid to the Blind Act amended 415 BLOOD TESTS Tests upon request of peace officer 437 BOGART, TOWN OF Tax rate 3217 BONDS Validation by counties, municipalities, etc. 168

Page 3544

BREMEN, CITY OF Charter amended 2772 , 2786 BROACH, JOHN Compensation to John Broach 3495 BROOKS COUNTY Salary of solicitor-general 492 Sheriff placed on salary 2977 Superior court judge's salary 41 BROWN, GEORGE C. Compensation to George C. Brown 2802 BRUNSWICK, CITY OF Charter amended 2212 BRUNSWICK, CITY COURT OF Bailiffs 2193 BRYAN COUNTY Salary of solicitor-general 484 BUENA VISTA, TOWN OF Charter amended 2350 BUDGET Committee to study budget system of State 297 BUILDING CODES Act authorizing building, etc. codes amended (39,500-42,000) 2364 Building codes in certain counties (250,000-500,000) 3018 , 3378 Enactment by counties 560 BULLOCH COUNTY Compensation of chairman of commissioners 2177 BURGESS, SHERMAN C. Compensation to Sherman C. Burgess 3493

Page 3545

BURKE COUNTY Additional superior court judge 60 BUTTS COUNTY Audits, etc. 2011 Ordinary placed on salary 2018 Sheriff placed on salary 2022 Tax collector placed on salary 2014 C CADASTRAL SURVEYS Cadastral surveys in certain counties (250,000-500,000) 2919 CALHOUN, CITY OF Corporate limits 2369 CALHOUN COUNTY Revenue bonds, proposed amendment to the Constitution 616 CAMDEN COUNTY Board of Education, proposed amendment to the Constitution 597 Commissioner districts 2112 CANDLER COUNTY Commissioners of roads and revenues 2929 CANTON, CITY OF Charter amended 3389 CAPITOL HILL BRANCH POST OFFICE Establishment urged 581 CARROLL COUNTY Salary of solicitor-general 25 Tax commissioner's compensation 2624 CARROLLTON, CITY COURT OF Judge's salary 2980

Page 3546

CARROLLTON, CITY OF Charter amended, referendum 3118 City supervisor 2945 CARSONVILLE, CITY OF Act creating repealed 2686 CARTERSVILLE, CITY OF Corporate limits, referendum 2782 , 3382 , 3469 CATOOSA COUNTY Clerical help for sheriff's office 2608 Clerical help for tax commissioner 2641 Commissioner's compensation, county attorney 2555 CEDARTOWN, CITY OF Corporate limits 3246 CERTIORARI Procedure 190 CHARLTON COUNTY Fire district 3019 CHATHAM COUNTY Board of education retirement system 2519 Civil service system, referendum 3072 Local government commission 2472 Revenue bonds 2409 Tax exemptions authorized, proposed amendment to the Constitution 603 Terms of members of metropolitan planning commission 2899 Terms of members of Savannah District Authority 2958 CHATTAHOOCHEE PLANTATION Incorporated 3178 CHATTOOGA COUNTY Ordinary placed on salary 3491 CHATTOOGA COUNTY, CITY COURT OF Solicitor, judge's salary, practice and procedure 2766

Page 3547

CHEROKEE COUNTY County police 3124 CITY COURT OF ATHENS Salaries 3139 CITY COURT OF BAXLEY Solicitor, juries 2003 CITY COURT OF BRUNSWICK Bailiffs 2193 CITY COURT OF CARROLLTON Judge's salary 2980 CITY COURT OF CHATTOOGA COUNTY Solicitor, judge's salary, practice and procedure 2766 CITY COURT OF FLOYD COUNTY Judge's salary 2106 CITY COURT OF GRIFFIN Salaries of judge and solicitor 3410 CITY COURT OF RICHMOND Judge's salary 2643 CITY COURT OF SAVANNAH Judge's salary 2411 CITY COURT OF SPRINGFIELD Judge's salary 2881 Rules, jury terms, etc. 2923 CITY COURT OF STATESBORO Compensation of judge and solicitor 2190 CITY COURT OF SYLVANIA Salaries of judge and solicitor 2955

Page 3548

CITY COURT OF THOMASVILLE Salary of solicitor-general 2098 CITY COURTS Judges of city courts of certain counties (6,200-6,220) 2031 Secretaries to judges in certain counties (135,000-140,000) 2558 Trial of traffic offenses in certain counties (62,000-70,000) 3437 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Salaries, assistant solicitor 2461 CIVIL WAR CENTENNIAL Observance 99 CLARKE COUNTY Building Code, etc. 2317 Business licenses, etc. 2373 Compensation of board of commissioners 3419 Improvement of streets, etc. outside municipalities 2311 Land conveyance authorized 252 Ordinances 2377 Salary of solicitor-general 424 Storm sewers, street lights, etc. 2403 Water, sanitation, etc. districts 2331 CLARKE COUNTY JUVENILE COURT Judge's salary 3108 CLARKSTON, CITY OF Charter amended 2861 CLAXTON, CITY OF New charter 3312 CLAYTON COUNTY Clayton County Water Authority 3130 Compensation of tax commissioner 3154 Salary of ordinary 2774 CLINCH COUNTY Board of commissioners of roads and revenues 2304

Page 3549

COBB BRIDGE Cobb Bridge designated 275 COBB COUNTY Chief investigator for sheriff's office 3508 Compensation of assistant solicitor-general 553 Fire prevention districts 3407 Salaries of tax commissioner and clerk 3435 Superior court judges' compensation 115 Taxes in sewage districts 2621 Terms of superior court 125 COBB JUDICIAL CIRCUIT Compensation of assistant solicitor-general 553 Compensation of judges 115 Law books 2811 Terms of superior court 125 COLQUITT COUNTY Compensation of county officers 3393 Salary of solicitor-general 492 Small claims courts 2852 Superior court judge's salary 41 COLUMBIA COUNTY Additional superior court judge 60 COLUMBUS, CITY OF Authority to sell land 3044 Conveyance of land 3446 Exchange of lands authorized 262 Mayor's duties 3397 COMER, CITY OF Hours for holding elections 2326 COMMERCIAL CODE, UNIFORM Committee to study Uniform Commercial Code 281 COMMISSIONER OF LABOR Compensation 185 CONDEMNATION Procedure 517

Page 3550

CONTRACTORS Non residents doing business in Georgia 480 CORDELE, CITY OF Authority to close and sell alley 2757 Corporate limits 2961 Revenue bonds, proposed amendment to the Constitution 609 CORONERS Compensation in certain counties (17,600-17,700) 3141 Compensation in certain counties (34,000-38,500) 2281 Compensation in certain counties (42,000-43,500) 194 Compensation in certain counties (135,000-140,000) 203 Act fixing compensation in certain counties repealed (200,000 or more) 3245 Duties, salary, etc. in certain counties (250,000-500,000) 153 CORPORATE FIDUCIARIES Registration of securities 414 CORPORATE LIMITS Annexation by ordinance in certain municipalities (47,500-49,500) 3386 CORPORATIONS Interest rates on loans to corporations 300 CORRECTIONS, DEPARTMENT OF Duties of Director 124 Employees' Retirement System 112 CORRECTIONS, STATE BOARD OF Reinstatement of prisoners forfeited good time allowance 127 COSMETIC ACT Georgia Drug and Cosmetic Act 529 COUNTIES See also Name of County and Name of County Office . Ad valorem taxation equalization programs 107 Authority of county police 217 Building codes 560

Page 3551

Compensation of commissioners of roads and revenues in certain counties (2,700-3,250) 2869 Compensation of commissioners in certain counties (over 500,000) 2944 , 3012 Disposition of county owned property 195 Expense allowances of county commissioners in certain counties (2,700-3,250) 3406 Officers' salaries in certain counties (135,000-140,000) 2688 Validation of bonds 168 COUNTY COURT OF ATKINSON COUNTY Qualifications of judge and solicitor 2175 COUNTY OFFICERS 1949 Act affecting certain counties repealed (40,000-50,000, 1950 Census) 2357 COUNTY POLICE Authority 217 Chiefs of police in certain counties (200,000 or more) 3434 Pensions of members of county police departments in certain counties (500,000 or more) 3476 COUNTY PURCHASING DEPARTMENTS Purchasing departments in certain counties (over 500,000) 3009 COUNTY TREASURERS Compensation in certain counties (17,600-17,700) 3226 COURT OF APPEALS Additional judges 140 COURT REPORTERS Expense and travel allowance 354 COURTS OF ORDINARY Terms 461 COWETA COUNTY Compensation of ordinary 2026 Salary of solicitor-general 25 COWETA JUDICIAL CIRCUIT Salary of solicitor-general 25

Page 3552

COX, CLEVE Cleve Cox Landing designated 251 CRAWFORD COUNTY Compensation of treasurer 3078 CRIMES Defrauding telephone and telegraph companies 224 Escape 491 Escape defined 556 False advertising 197 Guard lines at penitentiaries 45 Impersonation of revenue agents 452 Operating motor vehicles with revoked licenses 446 Racing on highways 438 Receiver of stolen goods 118 Solicitation of votes near polling places 557 CRIMINAL COURT OF FULTON COUNTY Assistant solicitor-general 2032 CRIMINAL LAW STUDY COMMITTEE Created 96 CRISP COUNTY Revenue bonds, proposed amendment to the Constitution 606 CULBRETH, EMMETT R. AND MYRVIN H. Emmett R. and Myrvin H. Culbreth Bridge designated 234 CUMMING, CITY OF Corporate limits, referendum 2252 D DAHLONEGA, CITY OF Charter amended 3149 DALTON, CITY OF Authority to close Whitfield Street 2917 Corporate limits 2413

Page 3553

DARIEN, CITY OF Authority to close named street 3028 DAIRIES Georgia Milk Commission Act amended 447 Milk and milk products 501 DECATUR, CITY OF Charter amended 2835 DECATUR COUNTY Treasurer's salary 2702 DEFENSE, DEPARTMENT OF Transfer of lands from Forestry Commission 295 DEKALB COUNTY Board of commissioners of roads and revenues 3461 Salaries of named officers 3484 Superior court, court reporter's salary 426 DEKALB COUNTY, CIVIL AND CRIMINAL COURT OF Salaries, assistant solicitor 2461 DILLARD, J. C. Compensation to J. C. Dillard 3497 DIRECTED VERDICTS Time to make motion 216 DISABLED VETERANS Tags for motor vehicles 554 DODGE COUNTY Clerical help for clerk of superior court 3128 Compensation of clerk to tax commissioner 3030 Compensation of commissioner's clerk 3006 Special deputy sheriff 3424 DOUGHERTY COUNTY Salary of tax commissioner 2487

Page 3554

DOUGLAS COUNTY Assistant solicitor-general 165 Coroner placed on salary 2511 Terms of superior court, grand juries 223 DRIVER'S LICENSES Former non-residents 136 Operator's licenses 433 Revoked licenses 446 DRUG AND COSMETIC ACT Enacted 529 DUBLIN, CITY OF City manager, referendum 2598 Taxation for schools 2388 DUNCAN, HONORABLE CLARKE W. Member State Highway Board 577 DUNLAP, SAM R. Compensation to Sam R. Dunlap 3511 DUPLICATE INDEX BOOKS Contents 116 E EAST ELLIJAY, CITY OF Tax rate 2905 EAST POINT, CITY OF Charter amended 2625 EASTERN JUDICIAL CIRCUIT Law books 2806 ECHOLS COUNTY Salary of solicitor-general 492 Superior court judge's salary 41

Page 3555

EDUCATION Attorney-General to study pupil placement requirements 261 Board of Control of State training schools urged to make grants to deserving students 288 Compensation of boards of education in certain counties (16,700-16,800) 2640 Emeritus officers of certain county schools (500,000 or more) 2514 Eminent domain by certain county boards of education (500,000 or more) 2864 Excused absences from school for pages serving General Assembly urged 580 Free Text Book Act amended 421 Freedom from compulsory association, taxation, proposed amendment to the Constitution 595 Funds to county boards in certain counties (over 500,000) 3414 Grants for education 35 Hearings, appeals, etc., Boards of Education 39 Investments of surplus funds by certain county boards (500,00 or more) 2862 Leases between State Department and local boards 472 Married students attending public schools 201 Teachers' Retirement Act amended 352 , 388 , 392 School bus transportation 104 Suspension of operation and reopening of school systems 31 Vocational Rehabilitation director 400 EFFINGHAM COUNTY Compensation of county commissioners 3454 Treasurer's salary 2894 ELBERT COUNTY Compensation of superior court judge 473 Sheriff placed on salary 2778 ELBERTON, CITY OF Corporate limits 3005 , 3249 ELECTIONS Dates of holding primaries 432 Election laws study committee 276 Solicitation of votes near polling places 557 Use of voting machines in certain counties (100,000-300,000) 3153 Voter registration Act amended as to counties of over 500,000 persons 162 , 164 Voters' Registration Act of 1958 amended 56

Page 3556

ELLIJAY, CITY OF New charter 2067 EMERSON, CITY OF Terms of mayor and aldermen 2292 EMINENT DOMAIN Fire department sites in certain counties (250,000-500,000) 2993 Procedure 517 Procedure by certain county boards of education (500,000 or more) 2864 EMPLOYEES HEALTH INSURANCE Plan authorized 147 EMPLOYEES' RETIREMENT SYSTEM Act amended 143 Coverage for National Guard employees 101 Department of Corrections 112 Survivor benefits 158 ESCAPE Crime 491 Crime of escape defined 556 ESTATE TAXES Code 92-3402 enacted 455 EVANS COUNTY Salary of solicitor-general 484 EXECUTIVE DEPARTMENT Employment of members of General Assembly 42 EYE BANKS Establishment of eye banks 582 F FALSE ADVERTISING Crime 197

Page 3557

FANNIN COUNTY Compensation of ordinary 2329 Salary of tax receiver 2328 FAIRBURN, CITY OF Authority to close street 3115 FEDERAL GOVERNMENT Acquisition of land and water for conservation 123 FEDERAL GRANT IN AID FUNDS Authority to Department of Public Welfare to match 222 FIDUCIARIES Registration of securities by corporate fiduciaries 414 FIREMEN Act providing for pensions for firemen in certain municipalities amended (150,000 or more) 2629 , 2777 , 3373 FIREMEN'S PENSION FUND ACT Act amended 417 FISHING Fishing on the Sabbath 157 Non-resident licenses 52 FLOYD COUNTY Compensation of board of education 2396 Compensation of commissioners 2290 Compensation of tax commissioners' employees 2267 Officers' salary Act amended 2234 Rome-Floyd County Industrial Development Authority 3207 Salaries of superior court attaches 49 Treasurer's salary 2401 FLOYD COUNTY, CITY COURT OF Judges' salary 2106 FOLKSTON, CITY OF Compensation of mayor and councilmen 2539

Page 3558

FOREST PARK, CITY OF Charter amended 2503 Corporate limits 3427 FORESTRY COMMISSION Transfer of land to Department of Defense 295 FORSYTH, CITY OF Charter amended, referendum 2994 FORSYTH COUNTY Compensation of commissioners 2250 Compensation of ordinary 2392 FORT McALLISTER Restoration of Fort McAllister authorized 279 FRANKLIN COUNTY Compensation of superior court judge 473 Sheriff's bond 2913 FREE TEXT BOOKS Act amended 421 FULTON COUNTY Chief deputy clerk of superior court 3080 City of Atlanta-Fulton County Recreation Authority 3106 Civil service board, county agent 2623 Court study commission 2795 Recreational areas 3379 Superior court judges emeritus 183 Teachers' retirement system Act amended 3440 FULTON COUNTY CRIMINAL COURT Assistant solicitors-general 2032 G GAINESVILLE, CITY OF Ad valorem taxes 2595 Civil service Act amended 2561 Corporate limits 3088

Page 3559

Gainesville and Hall County Development Authority. Proposed amendment to the Constitution 600 GAME AND FISH Acquisition of land and water by Federal Government 123 Big game defined 515 Fishing on the Sabbath 157 Non-resident fishing licenses 52 Purchase of passenger carrying vehicles 564 Rules adopted under Motorboat Numbering Act confirmed 265 GENERAL APPROPRIATIONS ACT General Appropriations Act 356 GENERAL ASSEMBLY Adjournment resolution 139 Apportionment of House of Representatives 111 Employment of members by executive branch of government 42 Loyalty oath by pages 552 Inspection of State institutions 117 , 119 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Enacted 301 GEORGIA DRUG AND COSMETIC ACT Enacted 529 GEORGIA MILK COMMISSION Act amended 447 GEORGIA POST MORTEM EXAMINATION ACT Amended 436 GEORGIA SECURITIES ACT Exempt transactions 457 GETTYSBURG NATIONAL MILITARY PARK Placing of monument authorized 299 GILMER COUNTY Compensation of commissioner, advisory board 2095 Law books 3501

Page 3560

GLYNN COUNTY Compensation of commissioners and clerk 2186 Coroner placed on salary 2188 GORDON COUNTY Compensation of commissioner and clerk 2243 Sheriff's compensation 2279 Tax commissioner 2384 GOVERNOR'S MANSION COMMITTEE Committee to study construction of new Governor's Mansion 283 GRAND JURIES Recording of plats of survey in counties with city of 13,500 or more persons, recommendation 105 GRAY, CITY OF Charter amended 2416 Name changed from Town of Gray 3121 GRACEWOOD SCHOOL FOR MENTAL DEFECTIVES Name changed 465 GREEN, PAUL A. Paul A. Green bridge designated 285 GREENE COUNTY Commissioners of roads and revenues 2223 Officers placed on salaries 2182 Tax commissioner placed on salary 2180 GRIFFIN, CITY OF Appearance bonds 2348 Corporate limits 2285 Qualifications and election of board of commissioners 2299 GRIFFIN, CITY COURT OF Salaries of judge and solicitor 3410 GUARD LINES Establishment at penitentiaries 45

Page 3561

GUYTON, CITY OF Name changed from Town of Guyton 2948 GWINNETT COUNTY Law books 2808 Personnel of tax commissioner's office 2791 GWINNETT JUDICIAL CIRCUIT Law books 2807 H HACKNEY, H. L. Compensation to H. L. Hackney 2801 HALL COUNTY Compensation of commissioners 2121 Gainesville and Hall County Development Authority. Proposed amendment to the Constitution 600 Meetings of commissioners 2123 HAMPTON, CITY OF Authority to close streets, etc. 2646 HAPEVILLE, CITY OF Charter amended 2516 , 2634 HARALSON COUNTY Assistant solicitor-general 165 Salary of commissioner 2119 Terms of superior court, grand juries 223 HARPER, CURTIS Compensation to Curtis Harper 3499 HARRISON, MRS. G. R. Compensation to Mrs. G. R. Harrison 3500 HART COUNTY Compensation of superior court judge 473 Law books 3502

Page 3562

HAZLEHURST, CITY OF Tax returns 2408 HEALTH Eye banks 582 HEALTH, DEPARTMENT OF PUBLIC Hospital Advisory Council, etc. Act amended 398 HEALTH INSURANCE Plan for State employees authorized 147 HEARD COUNTY Salary of solicitor-general 25 HENRY COUNTY Building, etc. codes 2549 Henry County Water Authority 2588 Officers salary Act amended 2007 HIGHWAYS Highway Authority Act amended 3 Increase in minimum wage urged 590 Relocation of utilities 453 Sale of land in East Point, Georgia authorized 291 State-aid roads within municipalities 469 State Highway Board, debts 22 HISTORICAL COMMISSION, GEORGIA Museum in Muscogee County 233 Restoration of Fort McAllister authorized 279 Restoration of White House at Augusta authorized 289 HOLLY SPRINGS, CITY OF Corporate limits 2938 HOSPITAL ADVISORY COUNCIL FOR CONSTRUCTION, LICENSURE AND INDIGENT CARE Members, expenses 398 HOUSE OF REPRESENTATIVES Apportionment 111

Page 3563

HOUSING State Housing Authority board abolished 54 HOUSTON COUNTY Compensation of tax receiver 2386 HOWARD, FISH Compensation to Fish Howard 2809 HULL, TOWN OF Franchises and licenses 2103 I INCOME TAX Current Income Tax Payment Act amended 53 Deductions 565 Exemption of income of real estate investment trusts 180 ILLEGITIMATE BIRTHS Protesting position of Federal Government condoning 231 INDEX BOOKS Contents of duplicate index books 116 INSTITUTIONS Inspection of State institutions by General Assembly 117 , 119 INSURANCE Health insurance for State employees 147 Investments by insurers 458 INTEREST Interest rates on loans to corporations 300 INVESTMENTS Insurers 458 IVEY, MRS. FRANCES S. Compensation to Mrs. Frances S. Ivey 2810

Page 3564

J JACKSON COUNTY Expenses of sheriff's office 2514 Superior court, court reporter 126 JANES, DR. THOMAS B. Memory of Dr. Thomas B. Janes honored 286 JEFFERSON, CITY OF Charter amended 2952 JENKINS COUNTY Compensation of ordinary 2324 JESUP, CITY OF Charter amended 2334 JOINT COMMITTEE ON THE OPERATIONS OF THE GENERAL ASSEMBLY Name changed 230 JURIES Selection in certain counties (136,000-157,000) 134 Selection of jurors in certain counties (500,000 or more) 2928 JURY COMMISSIONERS Duties in certain counties (250,000-500,000) 3000 JUSTICE OF THE PEACE COURTS Time of holding 479 JUVENILE COURT ACT Amended as to certain counties (130,000-140,000) 402 Amended as to certain counties (150,000-250,000) 466 JUVENILE COURT, CLARKE COUNTY Judge's salary 3108 K KICKLIGHTER, JOHNIE H. Compensation to Johnie H. Kicklighter 239

Page 3565

KIDD, HUBERT Compensation to Hubert Kidd 2812 KINGS BAY TERMINAL Dredging of channel at Kings Bay Terminal urged 287 L LABOR, DEPARTMENT OF Appropriation 198 Compensation of Commissioner of Labor 185 LaGRANGE, CITY OF Corporate limits 2043 Eminent domain 2915 LARMAN, JOSEPH PAUL Compensation to Joseph Paul Larman 2799 LAMAR COUNTY Clerical help for tax commissioner 2421 Salaries of commissioners 2109 LAURENS COUNTY Salary of clerk of superior court 2367 LAW, DEPARTMENT OF Compensation of attorney-general 67 Compensation of attorney-general and assistants 131 LAW LIBRARIES Established in certain counties (150,000-175,000) 2482 Law libraries in certain counties (135,000-140,000; 1950 census) 3443 LEE, MRS. MARY Compensation to Mrs. Mary Lee 2412 LEGISLATIVE COUNSEL Honorable Frank Edwards elected Legislative Counsel 579

Page 3566

LEGISLATIVE SERVICES COMMITTEE Name changed 230 LIBERTY COUNTY Salary of solicitor-general 484 LIENS Release of tax liens 160 LINCOLN COUNTY Law books 2803 LOAN DEEDS Execution by married minors 453 LOCAL GOVERNMENT IMPROVEMENT COMMISSIONS Abolished in certain counties (150,000-300,000) and municipalities (100,000 or more) 3396 LONG COUNTY Salary of solicitor-general 484 LOWNDES COUNTY Clerical help for ordinary 3219 Salary of solicitor-general 492 Superior court judge's salary 41 LUMPKIN, CITY OF Corporate limits 2485 LUMPKIN COUNTY Compensation of commissioner of roads and revenues 2638 Compensation of tax commissioner 2818 Mc McINTOSH COUNTY Compensation of ordinary 3127 Salary of solicitor-general 484

Page 3567

McMULLAN BOULEVARD McMullan Boulevard designated 274 M MACON, CITY OF Authority to close alley 2567 Corporate limits 3227 Corporate limits, referendum 2441 MACON COUNTY Compensation of county commissioner 3449 MACON JUDICIAL CIRCUIT Law books 2795 MADISON COUNTY Compensation of clerk of commissioner 2231 Compensation of superior court judge 473 MANCHESTER, CITY OF Corporate limits, referendum 2760 MANSION, GOVERNOR'S Committee to study construction of new Governor's Mansion 283 MANSION SITES COMMISSION Extended 237 MAPS OF MUNICIPALITIES Code 92-4003 enacted 435 MARIETTA, CITY OF Charter amended 2985 MAYOR EMERITUS Office created in certain cities (more than 450,000) 3489 MEDICAL ASSISTANCE FOR THE AGED ACT Enacted 170

Page 3568

MENLO, TOWN OF Charter amended 2497 MERIWETHER COUNTY Commissioner districts, referendum 3058 Office of treasurer abolished, referendum 3223 Officers placed on salaries, referendum 3456 Salary of solicitor-general 25 Tax commissioner placed on salary, referendum 3416 MILK Georgia Milk Commission Act amended 447 Regulating milk and milk products 501 MILLER COUNTY Compensation of county commissioners 2656 MILNER, TOWN OF Hours of holding elections 3076 MINORS Execution of loan deeds by married minors 453 MONROE, CITY OF Charter amended 2563 , 2873 MONTEZUMA, CITY OF Corporate limits 2405 MORGAN COUNTY Compensation of assistants to clerk of superior court 3104 MORROW, CITY OF Charter amended 2490 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Enacted 68 Executive order fixing effective date 96A MOTOR VEHICLES Driver's licenses 136 , 433 Operating with revoked licenses 446

Page 3569

Racing on highways 438 Tags for disabled veterans 554 Use of amber colored lights by rural mail carriers 202 Use of radar or timing devices to enforce traffic laws 161 MOTORBOAT NUMBERING ACT Rules adopted under, confirmed 265 MOULTRIE, CITY OF Tax rate, referendum 3041 MOUNTAIN JUDICIAL CIRCUIT Purchase of law books ratified 2805 MUNICIPAL COURT OF ATLANTA Chief law clerk 2639 Contempt 3016 MUNICIPAL COURT OF SAVANNAH Judge's secretary 3432 MUNICIPAL COURT OF CITY OF AUGUSTA Created 2732 MUNICIPALITIES Group life insurance for employees of certain municipalities (500,000 or more) 2880 Maps 435 State-aid roads 469 Licensing of pest control concerns 460 Validation of bonds 168 MUSCOGEE COUNTY Board of education 2394 Eminent domain, etc. 3133 N NAMES Procedure to change name of individuals 129 NATIONAL GUARD Civilian employees as members of retirement system 101

Page 3570

NELLIEVILLE, VILLAGE OF Act creating repealed 2730 NELSON, CITY OF Tax rate 3024 NEWNAN, CITY OF Authority to close named street 2210 Duties of city manager 2258 NEWTON COUNTY Salary of commissioner of roads and revenues 3062 Superior court, court reporter's salary 426 NORCROSS, CITY OF Corporate limits, referendum 2583 NORTH GEORGIA PETROLEUM COMPANY Compensation to North Georgia Petroleum Company 3498 NORTHERN JUDICIAL CIRCUIT Compensation of judge 473 Law books 2813 O OATHS Loyalty oath by pages 552 OCILLA, CITY OF Charter amended 2500 Voter registration 2543 OCONEE COUNTY Salary of solicitor-general 424 OFFICE BUILDING AUTHORITY Act amended 587 OFFICIAL AND STATISTICAL REGISTER Distribution 238

Page 3571

OGLETHORPE COUNTY Compensation of advisory board to commissioner 2552 Compensation of superior court judge 473 OGLETHORPE, TOWN OF Corporate limits 3487 ORDINARIES RETIREMENT FUND ACT Amended 57 ORDINARY, COURTS OF Bailiffs in certain counties (160,000-250,000) 2921 Jurisdiction in certain counties (14,560-15,200) 3442 Terms of Courts of Ordinary 461 OXFORD, TOWN OF Compensation of mayor and councilmen 3137 P PAGES Excused absences from school for pages serving General Assembly urged 580 Loyalty oath 552 PASSENGER CARRYING VEHICLES Purchase by Game and Fish Commission 564 PAULDING COUNTY Assistant solicitor-general 165 Paulding County Water Authority 2837 Terms of superior court, grand juries 223 PAVO, CITY OF Election of mayor and councilmen 3101 PEACE OFFICERS See also Police and County Police . Subsistence allowance, proposed amendment to the Constitution 614 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Study of fund by committee 294

Page 3572

PEACH COUNTY Compensation of tax commissioner 3039 PENITENTIARIES Guard lines 45 PEST CONTROL ACT Licensing powers of municipalities 460 PIEDMONT JUDICIAL CIRCUIT Court reporter's compensation 126 PIERCE COUNTY Compensation of commissioners and clerk 2115 PLATS OF SURVEY 1960 Act amended 105 Act regulating recording of plats, etc. in certain counties repealed (200,000 or more) 2879 Recording in certain counties (500,000 or more) 3439 PLUMBERS Licensing in certain counties (over 500,000) 3095 POLICE Pension Act amended as to certain cities (150,000 or more) 2481 , 2510 , 2885 , 3466 POLITICAL PARTIES Dates of holding primaries 432 POLK COUNTY Assistant solicitor-general 165 Terms of superior court, grand juries 223 POPE, LONNIE Construction of Lonnie Pope bridge authorized 280 PORT WENTWORTH, CITY OF Charter amended 3066

Page 3573

POSTMASTER GENERAL Urged to establish branch post office in Capitol Hill area 581 POWDER SPRINGS, CITY OF Corporate limits 2605 POWERS, NOAH A. Compensation to Noah A. Powers 3495 PRACTICE AND PROCEDURE Actions against non-resident contractors 480 Certiorari procedure 190 Change of name of individuals 129 Eminent domain 517 Method of examining witnesses to wills 558 Motions for directed verdicts 216 Partition of realty 228 Professional Association Act 404 Service of tax assessments by Revenue Department 435 PRIMARIES Dates of holding 432 PRISONERS Feeding expenses in certain counties (250,000-500,000) 500 Reinstatement of forfeited good time allowances 127 PROFESSIONAL ASSOCIATION ACT Enacted 404 PRYOR, WALLACE Wallace Pryor relieved as surety on bond 2803 PUBLIC SAFETY, DEPARTMENT OF Driver's licenses 136 , 433 , 446 Use of radar or timing devices to enforce traffic laws 161 PUBLIC SCHOOLS Grants by boards of education 35 Hearings, etc. by boards of education 39

Page 3574

Married students 201 Suspension of operation and reopening 31 PUBLIC UTILITIES Mortgages 468 PUCKETT, V. H. Compensation to V. H. Puckett 3494 PULASKI COUNTY Commissioner's salary 2903 PURCHASING DEPARTMENT, STATE Preference to product manufactured in Georgia 260 PURCHASING DEPARTMENTS Purchasing departments in certain counties (over 500,000) 3009 R RACING ON HIGHWAYS Misdemeanor 438 RADAR Use of radar or timing devices to enforce traffic laws 161 RANDOLPH COUNTY Election of commissioners 2096 RANSOM, WILLIAM M., AND KERRY E. Conveyance of land to William M. Ransom and Kerry E. Ransom authorized 257 REAL ESTATE Brokers and salesmen 498 Execution of loan deeds, etc. by married minors 453 Funds for improvement 47 Partition of individual interest, procedure 228 Recording of plats, etc. in certain counties (500,000 or more) 3439

Page 3575

REAL ESTATE INVESTMENT TRUSTS Exemption of income for tax purposes 180 RECEIVER OF STOLEN GOODS Code 26-2620 amended 118 REGENTS, BOARD OF Urged to make Abraham Baldwin College a four year college 254 RETIREMENT Emeritus officers of certain county schools (500,000 or more) 2514 Emeritus offices for department heads in certain counties (500,000 or more) 2615 Employees of Department of Corrections 112 Employees' Retirement System Act amended 143 Employees' Retirement System, survivor benefits 158 Firemen's Pension Fund Act amended 417 National Guard civilian employees 101 Office of Mayor Emeritus created in certain cities (more than 450,000) 3489 Pension Act for employees of certain counties repealed (200,000 or more1920 Census) 3121 Pensions for employees of certain cities (150,000 or more) 2028 , 2542 , 2631 Pension act for firemen of certain municipalities amended (150,000 or more) 2629 , 2777 , 3373 Pension Act for police in certain cities (150,000 or more) 2481 , 2510 , 2885 , 3466 Pensions of members of county police departments in certain counties (500,000 or more) 3476 Pension rights of employees of certain counties (more than 500,000) 3244 Study of Peace Officers' Annuity and Benefit Fund 294 Teachers' Retirement Act amended 352 , 388 , 392 REVENUE See Taxation . REVENUE AGENTS Impersonation a misdemeanor 452 RHINE, TOWN OF Corporate limits 2302

Page 3576

RICHMOND, CITY COURT OF Judge's salary 2643 RICHMOND COUNTY Additional superior court judge 60 RINCON, TOWN OF Charter amended 3238 ROBERTS, JAY Compensation to Jay Roberts 3500 ROCKDALE COUNTY Ordinances, proposed amendment to the Constitution 622 Salary of county commissioner 2967 Superior court, court reporter's salary 426 ROCKMART, CITY OF Corporate limits 2399 Corporate limits, referendum 2931 ROME, CITY OF Police and fire department chiefs 3033 , 3234 Compensation of city commissioners 2282 Rome-Floyd County Industrial Development Authority 3207 ROME JUDICIAL CIRCUIT Salaries of attaches 49 ROSSVILLE, CITY OF Corporate limits 2896 ROSWELL, CITY OF Corporate limits 2511 RURAL MAIL CARRIERS Use of amber lights 202 RUSSELL, RICHARD B. Richard B. Russell bridge designated 235

Page 3577

S SANDERSVILLE, CITY OF Corporate limits 2926 Police court 2867 SAVANNAH, CITY COURT OF Judge's salary 2411 SAVANNAH, CITY OF Board of education retirement system 2519 Corporate limits, 1960 Act repealed 2028 Corporate limits, referendum 2969 Local government commission 2472 Revenue bonds 2409 Terms of members of Savannah District Authority 2958 SAVANNAH DISTRICT AUTHORITY Terms of members 2958 SAVANNAH, MUNICIPAL COURT OF Judge's secretary 3432 SCHOOL BUSES Pupils eligible for transportation 104 SEABOARD CONSTRUCTION COMPANY Compensation to Seaboard Construction Company 2479 SECRETARY OF STATE Compensation 66 , 67 Vending machines in State Capitol 218 SECURITIES Exempt transactions 457 Registration by corporate fiduciaries 414 SEMINOLE COUNTY Treasurer's salary 2102

Page 3578

SHERIFFS See also name of county . Compensation in certain counties (2,700-3,250) 3453 Compensation in certain counties (13,050-13,150) 2790 Expense allowance in certain counties (7,950-8,150) 3113 Feeding of prisoners in certain counties (250,000-500,000) 500 SHILOH, CITY OF Chartered 2045 SLASH PINE ELECTRIC MEMBERSHIP CORP. Compensation to Slash Pine Electric Membership Corporation 3503 SMALL CLAIMS COURTS Act amended as to certain counties (18,000-18,100) 2298 Created in certain counties (19,500-19,700) 3142 Created in certain counties (33,300-34,056) 2852 Small claims courts in certain counties (34,225-34,500) 3215 SMITH, T. W. Compensation to T. W. Smith 2799 SMYRNA, CITY OF Charter amended 2571 SOPERTON, CITY OF New charter 3338 SOUTHERN JUDICIAL CIRCUIT Judge's salary 41 Salary of solicitor-general 492 SPALDING COUNTY Compensation of county commissioners 3376 Compensation payable to county depository 2983 SPRING PLACE, CITY OF Tax rate referendum 3403 SPRINGFIELD, CITY COURT OF Judge's salary 2881 Rules, jury terms, etc. 2923

Page 3579

STATE BOARD OF EDUCATION See Education . STATE FUNDS Improvement of real estate 47 STATE HIGHWAY AUTHORITY ACT Amended 3 STATE HIGHWAY BOARD Debts 22 Hon. Clarke W. Duncan, member 577 Increase in minimum wage urged 590 STATE HOUSING AUTHORITY BOARD Abolished 54 STATE INSTITUTIONS Inspection by General Assembly 117 , 119 STATE OFFICE BUILDING AUTHORITY Act amended 587 STATE TREASURER Compensation 133 STATESBORO, CITY COURT OF Compensation of judge and solicitor 2190 STATISTICAL REGISTER Distribution 238 STEAMFITTERS Licensing in certain counties (over 500,000) 3095 STEPHENS COUNTY Toccoa-Stephens County Airport Authority 2423 STEWART, JACK W. Compensation to Jack W. Stewart 2798

Page 3580

STOLEN GOODS Receiver of stolen goods, crime 118 STONE MOUNTAIN JUDICIAL CIRCUIT Reporter's salary 426 STRUCTURAL PEST CONTROL ACT Licensing powers of municipalities 460 SUMMERVILLE, CITY OF New charter, referendum 2658 SUMTER COUNTY Compensation of county commissioners 3242 SUPERIOR COURT JUDGES' EMERITUS ACT Amended 64 SUPERIOR COURTS Assistant solicitors-general and clerks in certain counties (135,000-140,000) 214 Clerks fees in certain counties (150,000-175,000) 3021 Compensation of solicitors-general in certain counties (135,000-140,000) 225 Contents of duplicate index books 116 Court reporters expense and travel allowance 354 Compensation of judges in certain counties (42,000-43,500) 193 Fees of clerks in certain counties (250,000-500,000) 423 Judges' bailiff and secretaries in certain counties (115,000-140,000) 227 Judges Emeritus Act amended 429 Recording of plats of survey, etc. 105 Solicitors-general retirement fund Act amended 226 Use of microfilm photographic equipment by clerks in certain counties (50,000-75,000) 3136 SURPLUS PROPERTY Sale of land in East Point, Georgia authorized 291 SUWANEE, CITY OF New charter, referendum 3156

Page 3581

SWAINSBORO, CITY OF Terms of mayor and councilmen, elections 3010 SYLVANIA, CITY COURT OF Salaries of judge and solicitor 2955 T TALBOT COUNTY Tax commissioners compensation 2265 TALLAPOOSA JUDICIAL CIRCUIT Assistant solicitors-general 165 Terms, grand juries 223 TARIFF RATES Study by members of Congress from Georgia urged 577 TATTNALL COUNTY Board of commissioners of roads and revenues 3473 Salary of solicitor-general 484 TAX ASSESSMENTS Service by Revenue Department 435 TAX ASSESSORS Eligibility to succeed themselves 563 Terms, etc. in certain counties (34,050-34,200) 2355 Terms in certain counties (150,000-175,000) 2990 TAX COMMISSIONERS Compensation in certain counties (6,910-6,950) 2420 Compensation in certain counties (7,370-7,450) 2541 Compensation in certain counties (7,950-8,150) 2865 TAX COLLECTORS Compensation for collecting school taxes in certain counties (7,950-8,150) 3401 Compensation in certain counties (19,670-19,925) 442

Page 3582

TAX DEEDS Control and custody of tax deeds in certain counties (500,000 or more) 2936 TAX FI. FAS. Sale in certain counties (500,000 or more) 3087 TAX RECEIVERS Compensation in certain counties (5,900-6,000) 2991 Compensation in certain counties (6,520-6,560) 2354 Compensation in certain counties (7,950-8,150) 3014 TAX RETURNS Use of pre-prepared returns in certain counties (400,000 or more) 2911 TAXATION Act dealing with exemptions to owners of personalty in certain counties and municipalities repealed (over 200,000) 3392 County ad valorem taxation equalization programs 107 Current income tax payment Act amended 53 Estate taxes 455 Exemption of income for tax purposes of real estate investment trusts 180 Funds for county property re-evaluation program 576 Income taxes 565 Non-resident contractors 480 Peace officers subsistence allowance, proposed amendment to the Constitution 614 Proposed constitutional amendment 595 Release of tax liens 160 Remittances to Revenue Department 445 Road taxes in certain counties (49,500-50,000) 2125 Service of tax assessments by Revenue Department 435 TEACHERS' RETIREMENT ACT Amended 352 , 388 , 392 TELEGRAPH COMPANIES Attempting to defraud 224 TELEPHONE COMPANIES Attempting to defraud 224

Page 3583

TEMPLE, TOWN OF Voter registration 2617 THOMAS COUNTY Salary of solicitor-general 492 Superior court judge's salary 41 THOMASTON, CITY OF Charter amended 2907 THOMASVILLE, CITY OF Tax rate for support of schools 3451 THOMASVILLE, CITY COURT OF Salary of solicitor-general 2098 TIMING DEVICES Use of radar or timing devices outside cities 161 TITLE REGISTRATION ACT Enacted 68 Executive order fixing effective date 96A TOCCOA, CITY OF Elections 3083 Toccoa-Stephens County Airport Authority 2423 TOOMBS COUNTY Board of commissioners 2035 TRAINING SCHOOLS Board of Control of State training schools urged to make grants to deserving students 288 Free Text Book Act amended 421 Location, etc. 186 Names 465 TREASURER, STATE Compensation 133 TRENTON, CITY OF Registration of voters 2939

Page 3584

TROUP COUNTY Salary of solicitor-general 25 TRUST ESTATES Code Chapter 108-6 amended 207 Common trust funds 220 TURNER COUNTY Development Authority, proposed amendment to the Constitution 624 TWIGGS COUNTY Board of commissioners of roads and revenues 2815 TY TY, TOWN OF Charter amended 2887 U UNIFORM COMMERCIAL CODE Committee to study 281 UNION COUNTY Clerical help for tax commissioner 3481 Sheriff placed on salary 2458 UPCHURCH, MRS. ANN WRAY Authority to buy plaque 232 USURY Interest rates on loans to corporations 300 UTILITIES Mortgages by public utilities 468 Relocation by Highway Department 453 V VANDIVER, S. ERNEST S. Ernest Vandiver Bridge designated 255

Page 3585

VENDING MACHINES Use in State Capitol 218 VETERANS Motor vehicle tags for disabled veterans 554 VICKERY, T. E. T. E. Vickery relieved as security on bond 2814 VITAL STATISTICS Substitute birth certificate 120 VOCATIONAL REHABILITATION Compensation of director 400 VOTERS' REGISTRATION ACT OF 1958 Amended 56 Amended as to counties having population of over 500,000 persons 162 , 164 VOTING MACHINES Use in certain counties (100,000-300,000) 3153 W WALKER COUNTY Attorney, contracts 2276 WALTON COUNTY Salary of solicitor-general 424 WARE COUNTY Officers placed on salaries 2465 WARRENTON, CITY OF Corporate limits 2320 WARWICK, CITY OF Code 92-4101 - 92-4104 not applicable to City of Warwick 515 Name changed from Town of Warwick, charter amended 3091

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WATER POLLUTION CONTROL Aid to counties 109 WAYCROSS, CITY OF Arbitration of tax assessments 3002 Group insurance for employees 2308 WEBSTER COUNTY Salary of county commissioner 2950 WELFARE, DEPARTMENT OF PUBLIC Aid to the blind 415 Authority to match Federal Grant in Aid funds 222 Medical Assistance for the Aged Act 170 Training schools 186 WEST POINT, CITY OF Charter amended, referendum 2650 WESTERN JUDICIAL CIRCUIT Salary of solicitor-general 424 WHEATLEY, CHARLES H. Exchange of lands with Charles H. Wheatley 573 WHEELER COUNTY Commissioner's salary, clerk, county attorney 2870 Compensation of ordinary 3027 Treasurer's salary 3022 WHITE HOUSE AT AUGUSTA Restoration authorized 289 WHITFIELD COUNTY Contracts 2632 WILD BOAR Defined as big game 515 WILKES COUNTY Compensation, clerical help and meetings of board of commissioners 2294

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WILLS AND ADMINISTRATION OF ESTATES Common trust funds 220 Investments by executors, etc. 188 Methods of examining witnesses to wills 558 Rights vested by adoption decree 219 WINDER, CITY OF Assessments for sanitary purposes 2559 WITNESS FEES Fees in certain counties (45,000-47,000) 494 WITNESSES Method of examining witnesses to wills 558 WOODSTOCK, CITY OF Charter amended 3110 WRAY, ALEXANDER HARRY Disposition of plaque in memory of Alexander Harry Wray 232 Z ZEBULON, CITY OF New charter, referendum 2704

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POPULATION OF GEORGIA COUNTIES County 1960 1950 1940 1930 1920 Appling 13,246 14,003 14,497 13,314 10,594 Atkinson 6,188 7,362 7,093 6,894 7,656 Bacon 8,359 8,940 8,096 7,055 6,460 Baker 4,543 5,952 7,344 7,818 8,298 Baldwin 34,064 29,706 24,190 22,878 19,791 Banks 6,497 6,935 8,733 9,703 11,814 Barrow 14,485 13,115 13,064 12,401 13,188 Bartow 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,633 14,879 14,523 13,047 14,599 Berrien 12,038 13,966 15,370 14,646 15,573 Bibb 141,249 114,079 83,783 77,042 71,304 Bleckley 9,642 9,218 9,655 9,133 10,532 Brantley 5,891 6,387 6,871 6,895 Brooks 15,292 18,169 20,497 21,330 24,538 Bryan 6,226 5,965 6,288 5,952 6,343 Bulloch 24,263 24,740 26,010 26,509 26,133 Burke 20,596 23,458 26,520 29,224 30,836 Butts 8,976 9,079 9,182 9,345 12,327 Calhoun 7,341 8,578 10,438 10,576 10,225 Camden 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,672 8,063 9,103 8,991 9,228 Carroll 36,451 34,112 34,156 34,272 34,752 Catoosa 21,101 15,146 12,199 9,421 6,677 Charlton 5,313 4,821 5,256 4,381 4,536 Chatham 188,299 151,481 117,970 105,431 100,032 Chattahoochee 13,011 12,149 15,138 8,894 5,266 Chattooga 19,954 21,197 18,532 15,407 14,312 Cherokee 23,001 20,750 20,126 20,003 18,569 Clarke 45,363 36,550 28,398 25,613 26,111 Clay 4,551 5,844 7,064 6,943 5,557 Clayton 46,365 22,872 11,655 10,260 11,159 Clinch 6,545 6,007 6,437 7,015 7,984 Cobb 114,174 61,830 38,272 35,408 30,437 Coffee 21,953 23,961 21,541 19,739 18,653 Colquitt 34,048 33,999 33,012 30,622 29,332 Columbia 13,423 9,525 9,433 8,793 11,718 Cook 11,822 12,201 11,919 11,311 11,180 Coweta 28,893 27,786 26,972 25,127 29,047 Crawford 5,816 6,080 7,128 7,020 8,893 Crisp 17,768 17,663 17,540 17,343 18,914 Dade 8,666 7,364 5,894 4,146 3,918 Dawson 3,590 3,712 4,479 3,502 4,204 Decatur 25,203 23,620 22,234 23,622 31,785 DeKalb 256,782 136,395 86,942 70,278 44,051 Dodge 16,483 17,865 21,022 21,599 22,540 Dooly 11,474 14,159 16,886 18,025 20,522 Dougherty 75,680 43,617 28,565 22,306 20,063 Douglas 16,741 12,173 10,053 9,461 10,477 Early 13,151 17,413 18,679 18,273 18,983 Echols 1,876 2,494 2,964 2,744 3,313 Effingham 10,144 9,133 9,646 10,164 9,985 Elbert 17,835 18,585 19,618 18,485 23,905 Emanuel 17,815 19,789 23,517 24,101 25,862 Evans 6,952 6,653 7,401 7,102 6,594 Fannin 13,620 15,192 14,752 12,969 12,103 Fayette 8,199 7,978 8,170 8,665 11,396 Floyd 69,130 62,899 56,141 48,677 39,841 Forsyth 12,170 11,005 11,322 10,624 11,755 Franklin 13,274 14,446 15,612 15,902 19,957 Fulton 556,326 473,572 392,886 318,587 232,606 Gilmer 8,922 9,963 9,001 7,344 8,406 Glascock 2,672 3,579 4,547 4,388 4,192 Glynn 41,954 29,046 21,920 19,400 19,370 Gordon 19,228 18,922 18,445 16,846 17,736 Grady 18,015 18,928 19,654 19,200 20,306 Greene 11,193 12,843 13,709 12,616 18,972 Gwinnett 43,541 32,320 29,087 27,853 30,327 Habersham 18,116 16,553 14,771 12,748 10,730 Hall 49,739 40,113 34,822 30,313 26,822 Hancock 9,979 11,052 12,764 13,070 18,357 Haralson 14,543 14,663 14,377 13,263 14,440 Harris 11,167 11,265 11,428 11,140 15,775 Hart 15,229 14,495 15,512 15,174 17,944 Heard 5,333 6,975 8,610 9,102 11,126 Henry 17,619 15,857 15,119 15,924 20,420 Houston 39,154 20,964 11,303 11,280 21,964 Irwin 9,211 11,973 12,936 12,199 12,670 Jackson 18,499 18,997 20,089 21,609 24,654 Jasper 6,135 7,473 8,772 8,594 16,362 Jeff Davis 8,914 9,299 8,841 8,118 7,322 Jefferson 17,468 18,855 20,040 20,727 22,602 Jenkins 9,148 10,264 11,843 12,908 14,328 Johnson 8,048 9,893 12,953 12,681 13,546 Jones 8,468 7,538 8,331 8,992 13,269 Lamar 10,240 10,242 10,091 9,745 Lanier 5,097 5,151 5,632 5,190 Laurens 32,313 33,123 33,606 32,693 39,605 Lee 6,204 6,674 7,837 8,328 10,904 Liberty 14,487 8,444 8,595 8,153 12,707 Lincoln 5,906 6,462 7,042 7,847 9,739 Long 3,874 3,598 4,086 4,180 Lowndes 49,270 35,211 31,860 29,994 26,521 Lumpkin 7,241 6,574 6,223 4,927 5,240 McDuffie 16,627 11,443 10,878 9,014 11,509 McIntosh 6,364 6,008 5,292 5,763 5,119 Macon 13,170 14,213 15,947 16,643 17,667 Madison 11,246 12,238 13,431 14,921 18,803 Marion 5,477 6,521 6,954 6,968 7,604 Meriwether 19,756 21,055 22,055 22,437 26,168 Miller 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 19,652 22,528 23,261 23,620 25,588 Monroe 10,495 10,523 10,749 11,606 20,138 Montgomery 6,284 7,901 9,668 10,020 9,167 Morgan 10,280 11,899 12,713 12,488 20,143 Murray 10,447 10,676 11,137 9,215 9,490 Muscogee 158,623 118,028 75,494 57,558 44,195 Newton 20,999 20,185 18,576 17,290 21,680 Oconee 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,926 9,958 12,430 12,927 20,287 Paulding 13,101 11,752 12,832 12,327 14,025 Peach 13,846 11,705 10,378 10,268 Pickens 8,903 8,855 9,136 9,687 8,222 Pierce 9,678 11,112 11,800 12,522 11,934 Pike 7,138 8,459 10,375 10,853 21,212 Polk 28,015 30,976 28,467 25,141 20,357 Pulaski 8,204 8,808 9,829 9,005 11,587 Putnam 7,798 7,731 8,514 8,367 15,151 Quitman 2,432 3,015 3,435 3,820 3,417 Rabun 7,456 7,424 7,821 6,331 5,746 Randolph 11,078 13,804 16,609 17,174 16,721 Richmond 135,601 108,876 81,863 72,990 63,692 Rockdale 10,572 8,464 7,724 7,247 9,521 Schley 3,256 4,036 5,033 5,347 5,243 Screven 14,919 18,000 20,353 20,503 23,552 Seminole 6,802 7,904 8,492 7,389 Spalding 25,404 31,045 28,427 23,495 21,908 Stephens 18,391 16,647 12,972 11,740 11,215 Stewart 7,371 9,194 10,603 11,114 12,089 Sumter 24,652 24,208 24,502 26,800 29,640 Talbot 9,127 7,687 8,141 8,458 11,158 Taliaferro 3,370 4,515 6,278 6,172 8,841 Tattnall 15,839 15,939 16,243 15,411 14,502 Taylor 8,311 9,113 10,768 10,617 11,473 Telfair 11,715 13,221 15,145 14,997 15,291 Terrell 12,742 14,314 16,675 18,290 19,601 Thomas 34,319 33,932 31,289 32,612 33,044 Tift 23,587 22,645 18,599 16,068 14,493 Toombs 16,837 17,382 16,952 17,165 13,897 Towns 4,538 4,803 4,925 4,346 3,937 Treutlen 5,874 6,522 7,632 7,488 7,664 Troup 47,189 49,841 43,879 36,752 36,097 Turner 8,439 10,479 10,846 11,196 12,466 Twiggs 7,935 8,308 9,117 8,372 10,407 Union 6,510 7,318 7,680 6,340 6,455 Upson 23,800 25,078 25,064 19,509 14,786 Walker 45,264 38,198 31,024 26,206 23,370 Walton 20,481 20,230 20,777 21,118 24,216 Ware 34,219 30,289 27,929 26,558 28,361 Warren 7,360 8,779 10,236 11,181 11,828 Washington 18,903 21,012 24,230 25,030 28,147 Wayne 17,921 14,248 13,122 12,647 14,381 Webster 3,247 4,081 4,726 5,032 5,342 Wheeler 5,342 6,712 8,535 9,149 9,817 White 6,935 5,951 6,417 6,056 6,105 Whitfield 42,109 34,432 26,105 20,808 16,897 Wilcox 7,905 10,167 12,755 13,439 15,511 Wilkes 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,250 9,781 11,025 10,844 11,376 Worth 16,682 19,357 21,374 21,094 23,863 POPULATION NUMERICALLY LISTED ACCORDING TO 1960 CENSUS Counties Population Echols 1,876 Quitman 2,423 Glascock 2,672 Webster 3,247 Schley 3,256 Taliaferro 3,370 Dawson 3,590 Long 3,874 Towns 4,538 Baker 4,543 Clay 4,551 Lanier 5,097 Charlton 5,313 Heard 5,333 Wheeler 5,342 Marion 5,477 Crawford 5,816 Treutlen 5,874 Brantley 5,891 Lincoln 5,906 Jasper 6,135 Atkinson 6,188 Lee 6,204 Bryan 6,226 Montgomery 6,284 Oconee 6,304 McIntosh 6,364 Banks 6,497 Union 6,510 Clinch 6,545 Candler 6,672 Seminole 6,802 Miller 6,908 White 6,935 Evans 6,952 Talbot 7,127 Pike 7,138 Lumpkin 7,241 Calhoun 7,341 Warren 7,360 Stewart 7,371 Rabun 7,456 Putnam 7,798 Wilcox 7,905 Oglethorpe 7,926 Twiggs 7,935 Johnson 8,048 Fayette 8,199 Pulaski 8,204 Taylor 8,311 Bacon 8,359 Turner 8,439 Jones 8,468 Dade 8,666 Pickens 8,903 Jeff Davis 8,914 Gilmer 8,922 Butts 8,976 Jenkins 9,148 Irwin 9,211 Wilkinson 9,250 Bleckley 9,642 Pierce 9,678 Camden 9,975 Hancock 9,979 Effingham 10,144 Lamar 10,240 Morgan 10,280 Murray 10,447 Monroe 10,495 Rockdale 10,572 Wilkes 10,961 Randolph 11,078 Harris 11,167 Greene 11,193 Madison 11,246 Dooly 11,474 Telfair 11,715 Cook 11,822 Berrien 12,038 Forsyth 12,170 McDuffie 12,627 Terrell 12,742 Chattahoochee 13,011 Paulding 13,101 Early 13,151 Macon 13,170 Appling 13,246 Franklin 13,274 Columbia 13,423 Fannin 13,620 Ben Hill 13,633 Peach 13,846 Liberty 14,487 Haralson 14,543 Screven 14,919 Barrow 14,485 Hart 15,229 Brooks 15,292 Tattnall 15,837 Dodge 16,483 Worth 16,682 Douglas 16,741 Toombs 16,837 Jefferson 17,468 Henry 17,619 Crisp 17,768 Emanuel 17,815 Elbert 17,835 Wayne 17,921 Grady 18,015 Habersham 18,116 Stephens 18,391 Jackson 18,499 Washington 18,903 Gordon 19,228 Mitchell 19,652 Meriwether 19,756 Chattooga 19,954 Walton 20,481 Burke 20,596 Newton 20,999 Catoosa 21,101 Coffee 21,953 Cherokee 23,001 Tift 23,487 Upson 23,800 Bulloch 24,263 Sumter 24,652 Decatur 25,203 Polk 28,015 Bartow 28,267 Coweta 28,893 Laurens 32,313 Colquitt 34,048 Ware 34,219 Thomas 34,319 Baldwin 34,064 Spalding 35,404 Carroll 36,451 Houston 39,154 Glynn 41,954 Whitfield 42,109 Gwinnett 43,541 Walker 45,264 Clarke 45,363 Clayton 46,365 Troup 47,189 Lowndes 49,270 Hall 49,739 Floyd 69,130 Dougherty 75,680 Cobb 114,174 Richmond 135,601 Bibb 141,249 Muscogee 158,623 Chatham 188,299 DeKalb 256,782 Fulton 556,326

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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 1961-1962 Senators District Post Office Ayers, Dr. C. L. 31st Toccoa Bell, Jack 10th Leesburg Blalock, D. B. 36th Newnan Braly, Samuel U. 38th Dallas Brown, Charlie 52nd P.O. Box 30, Atlanta 1 Clanton, Dr. J. Roland 7th P.O. Box 540 Thomasville Clary, Edgar D., Jr. 29th Harlem Claxton, J. W. 21st Wrightsville Conger, J. Willis 8th Bainbridge Dailey, J. T. 11th Cuthbert DeLoach, Dan J. 6th Statenville Dews, Charles E. 9th Edison Dykes, James M. 14th Cochran Fitzpatrick, Mark W. 51st Jeffersonville Gardner, Sam J., Jr. 47th Moultrie Grayson, Spence M. 1st RFD, Wilmington Island, Savannah Green, Gaston V. 44th Rising Fawn Griner, Otto 45th Ocilla Harden, Talmadge F. 27th Commerce Harrington, Floyd 20th Milledgeville Hart, Dan F. 53rd Quitman Ingram, William A. 42nd Cartersville Jackson, Harry C. 24th 1718 - 3rd Ave., Columbus Johnson, O. D. 46th Blackshear Jones, W. T. 23rd Roberta Kelly, Eugene 35th Monroe Knox, Gordon, Jr. 54th Hazlehurst Lambert, E. R. 28th Madison Long, W. C. 3rd Nahunta Mathews, Elden W. 48th Cordele Miller, Zell 40th Young Harris Mitchell, Erwin 43rd Dalton McKenzie, John T. 13th Montezuma McKenzie, Robert 12th Georgetown McWhorter, Hamilton, Jr. 50th Lexington McWhorter, W. Hugh 34th 124 Atlanta Ave., Decatur Newton, A. Sid 17th Millen Overby, Howard T. 33rd 1239 Riverside Dr., Gainesville Owens, Erwin 32nd Dahlonega Perry, G. Ed 49th Claxton Persons, Robert Ogden, Sr. 22nd Forsyth Peterson, John C. 15th Ailey Ponsell, W. K. 5th Waycross Raynor, Oscar E. 4th Folkston Sanders, Carl E. 18th Sou. Fin. Bldg., Augusta Seagraves, A. F. 30th Hull Smalley, Robert H., Jr. 26th Griffin Staples, Earl 37th Carrollton Towson, Wm. Malcolm 16th Dublin Veazey, W. Tom 19th Warrenton Warnell, Chas. F. 2nd Pembroke Waters, Charles Emerson 41st Ellijay Whisant, E. Mullins 25th Hamilton White, J. L. 39th Douglasville

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER WITH COUNTIES AND POST OFFICES First DistrictCHATHAM, Effingham SPENCE M. GRAYSONRFD, Wilmington Island, Savannah Second DistrictBRYAN, McIntosh, Liberty CHAS. F. WARNELLPembroke Third DistrictBRANTLEY, Wayne, Long W. C. LONGNahunta Fourth DistrictCHARLTON, Glynn, Camden OSCAR E. RAYNORFolkston Fifth DistrictWARE, Atkinson, Clinch W. K. PONSELLWaycross Sixth DistrictECHOLS, Lowndes, Lanier DAN J. DeLOACHStatenville Seventh DistrictTHOMAS, Grady, Mitchell DR. J. ROLAND CLANTONP.O. Box 540, Thomasville Eighth DistrictDECATUR, Seminole, Miller J. WILLIS CONGERBainbridge Ninth DistrictCALHOUN, Early, Baker CHARLES E. DEWSEdison Tenth DistrictLEE, Dougherty, Worth JACK BELLLeesburg Eleventh DistrictRANDOLPH, Terrell, Clay J. T. DAILEYCuthbert Twelfth DistrictQUITMAN, Stewart, Webster ROBERT McKENZIEGeorgetown Thirteenth DistrictMACON, Schley, Sumter JOHN T. McKENZIEMontezuma Fourteenth DistrictBLECKLEY, Dooly, Pulaski JAMES M. DYKESCochran Fifteenth DistrictMONTGOMERY, Wheeler, Toombs JOHN C. PETERSONAiley Sixteenth DistrictLAURENS, Treutlen, Emanuel WM. MALCOLM TOWSONDublin Seventeenth DistrictJENKINS, Screven, Burke A. SID NEWTONMillen

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Eighteenth DistrictRICHMOND, Glascock, Jefferson CARL E. SANDERSSou. Fin. Bldg., Augusta Nineteenth DistrictWARREN, Taliaferro, Greene W. TOM VEAZEYWarrenton Twentieth DistrictBALDWIN, Hancock, Washington FLOYD HARRINGTONMilledgeville Twenty-First DistrictJOHNSON, Jones, Wilkinson J. W. CLAXTONWrightsville Twenty-Second DistrictMONROE, Butts, Lamar ROBERT OGDEN PERSONS, SR.Forsyth Twenty-Third DistrictCRAWFORD, Peach, Taylor W. T. JONESRoberta Twenty-Fourth DistrictMUSCOGEE, Chattahoochee, Marion HARRY C. JACKSON1718-3rd Ave., Columbus Twenty-Fifth DistrictHARRIS, Upson, Talbot E. MULLINS WHISNANTHamilton Twenty-Sixth DistrictSPALDING, Clayton, Fayette ROBERT H. SMALLEY, JR.Griffin Twenty-Seventh DistrictJACKSON, Barrow, Oconee TALMADGE F. HARDENCommerce Twenty-Eighth DistrictMORGAN, Jasper, Putnam E. R. LAMBERTMadison Twenty-Ninth DistrictCOLUMBIA, Lincoln, McDuffie EDGAR D. CLARY, JR.Harlem Thirtieth DistrictMADISON, Elbert, Hart A. F. SEAGRAVESHull Thirty-First DistrictSTEPHENS, Habersham, Franklin DR. C. L. AYERSToccoa Thirty-Second DistrictLUMPKIN, Dawson, White ERWIN OWENSDahlonega Thirty-Third DistrictHALL, Forsyth, Banks HOWARD T. OVERBY1239 Riverside Dr., Gainesville Thirty-Fourth DistrictDeKALB, Gwinnett, Rockdale W. HUGH McWHORTER124 Atlanta Ave., Decatur Thirty-Fifth DistrictWALTON, Henry, Newton EUGENE KELLYMonroe Thirty-Sixth DistrictCOWETA, Meriwether, Pike D. B. BLALOCKNewnan

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Thirty-Seventh DistrictCARROLL, Troup, Heard EARL STAPLESCarrollton Thirty-Eighth DistrictPAULDING, Haralson, Polk SAMUEL U. BRALYDallas Thirty-Ninth DistrictDOUGLAS, Cobb, Cherokee J. L. WHITEDouglasville Fortieth DistrictTOWNS, Union, Rabun ZELL MILLERYoung Harris Forty-First DistrictGILMER, Pickens, Fannin CHARLES EMERSON WATERSEllijay Forty-Second DistrictBARTOW, Chattooga, Floyd WILLIAM A. INGRAMCartersville Forty-Third DistrictWHITFIELD, Gordon, Murray ERWIN MITCHELLDalton Forty-Fourth DistrictDADE, Walker, Catoosa GASTON V. GREENRising Fawn Forty-Fifth DistrictIRWIN, Ben Hill, Telfair OTTO GRINEROcilla Forty-Sixth DistrictPIERCE, Bacon, Coffee O. D. JOHNSONBlackshear Forty-Seventh DistrictCOLQUITT, Tift, Turner SAM J. GARDNER, JR.Moultrie Forty-Eighth DistrictCRISP, Dodge, Wilcox ELDEN W. MATHEWSCordele Forty-Ninth DistrictEVANS, Bulloch, Candler G. ED PERRYClaxton Fiftieth DistrictOGLETHORPE, Clarke, Wilkes HAMILTON McWHORTER, JR.Lexington Fifty-First DistrictTWIGGS, Houston, Bibb MARK W. FITZPATRICKJeffersonville Fifty-Second DistrictFULTON CHARLIE BROWNP. O. Box 30, Atlanta 1 Fifty-Third DistrictBROOKS, Berrien, Cook DAN F. HARTQuitman Fifty-Fourth DistrictJEFF DAVIS, Tattnall, Appling GORDON KNOX, JR.Hazlehurst

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES, FOR THE TERM 1961-1962 Representative County Post Office Abney, Billy Shaw Walker Lafayette Adams, L. E., Jr. Polk Rockmart Akins, Bonnell Union Blairsville Andrews, J. A. Jim Stephens 108 E. Doyle St. Toccoa Andrews, Robert (Bob) Hall Cleveland Rd. Gainesville Arnsdorff, B. Frank Effingham Springfield Ballard, W. D. Newton Bonnelle St. Covington Barber, Mac Jackson Commerce Barnett, H. H. Wilkes P. O. Box 134 Washington Barnett, J. L. (Leckey) Baker Elmodel Barrett, Carl T. Cherokee Holly Springs Baughman, Leon H. Early Cedar Springs Birdsong, Frank G. Troup LaGrange Black, J. Lucius Webster Preston Blalock, Edgar Clayton Jonesboro Boggs, Harold A. (Hap) Madison Box 177 Danielsville Bolton, Arthur K. Spalding Box 602, Griffin Bowen, A'Delbert (Dell) Randolph Cuthbert Bowen, Ross P. Toombs Rt. 1, Lyons Boyett, G. J. (Jack) Whitfield P. O. Box 77 Dalton Bozeman, James W., Jr. Thomas Meigs Brackin, J. O. Seminole Iron City Branch, W. Frank Tift Box 287, Tifton Brooks, George B. Oglethorpe Crawford Brooks, Wilson Fulton 413 Grant Bldg. Atlanta Brown, M. Parks Hart Hartwell Budd, Roger McCartney Lowndes 909 Pineridge Dr., Valdosta Busbee, George D. Dougherty 2003 Nottingham Way, Albany Bynum, Knox Rabun Clayton Caldwell, Johnnie L. Upson Thomaston Carswell, Geo. H. Wilkinson Irwinton Chance, Homer L. Twiggs Danville Chandler, Philip M. Baldwin 500 N. Tattnall St. Milledgeville Clark, Joe T. Catoosa Ringgold Clarke, Harold G. Monroe Forsyth Cloer, B. C. Towns Young Harris Cocke, Steve M. Terrell Dawson Coker, Robert E. Walker LaFayette Collins, John Mitchell Rt. 1, Pelham Conner, James L. (Jimmy) Jeff Davis Hazlehurst Cox, Julian H. Clarke 285 College Ave., Athens Crawford, Ralph L. Chatham 356 Oxford Dr. Savannah Crowe, Charles V., Jr. Bartow P. O. Box 83 Cartersville Culpepper, Brooks Talbot P. O. Box 57 Talbotton Davis, E. C. (Gene) Wayne Rt. 2, Jesup Deen, H. Dorsey Bacon Rt. 4, Alma Dickey, Grady Lee Chatham 312 E. Oglethorpe Ave. Savannah Dicus, Harry Muscogee 208 Empire Bldg. Columbus Dollar, G. Harvey Decatur 710 Scott St. Bainbridge Dorminy, A. B. C. (Brad), Jr. Ben Hill 701 W. Central Fitzgerald Doster, Norman B. Wilcox Rochelle Duncan, A. C. Fannin Box 308 Copperhill, Tenn. Duncan, J. Ebb Carroll W. Club Dr. Carrollton Dunn, Lamar E. Pike Rt. 1 Williamson Echols, Talmage B. Upson Thomaston Fitzgerald, Byrom M. Long Ludowici Fleming, William M., Jr. Richmond Johnson Bldg., Augusta Flexer, Winebert Dan, II Glynn Country Club Pk., Brunswick Floyd, James H. Chattooga Box 521, Trion Flynt, Wales T. Taliaferro Crawfordville Fordham, Wiley B. Bulloch 4 S. Main St. Statesboro Fowler, Alpha A., Jr. Douglas Douglasville Fowler, J. Wyman Treutlen Soperton Funk, Arthur J. Chatham 7 Grimball River Rd. Savannah Fuqua, J. B. Richmond 1001 Reynolds St., Augusta Greene, Wm. B. Bartow c/o Lawyers Bldg., S. Erwin St., Cartersville Hale, Maddox J. Dade Trenton Hall, H. Goodwin Lee Rt. 2, Leesburg Hall, J. Battle Floyd Box 1267 Rome Harrell, A. Hewlette Fayette Fayetteville Henderson, Waldo Atkinson Rt. 2, Lakeland Hill, Render Meriwether Greenville Hodges, Ben A. Ware Waycross Horton, N. D., Jr. Putnam Eatonton Howard, Pierre DeKalb 209 Phelps Bldg., Decatur Hull, James M., Jr. Richmond Sou. Fin. Bldg., Augusta Hurst, Joe J. Quitman Georgetown Jernigan, Wallace L. Clinch Box 337 Homerville Johnson, Marion Merrill, Sr. Jenkins 314 Harvey St. Millen Joiner, Francis Washington P. O. Box 151 Tennille Jones, Charles M. Liberty 105 S. Medway St., Hinesville Jones, David C. Worth Box 90 Sylvester Jones, Fred C., Jr. Lumpkin 707 N. Grove St., Dahlonega Jones, Thad M. Sumter P. O. Box 28 Plains Jordan, W. Harvey Calhoun Leary Keadle, Haygood Lamar Barnesville Kelly, Roy R. Jasper Monticello Keyton, James W. (Jim) Thomas 137 Woodland Dr. Thomasville Kidd, Culver Baldwin Milledgeville Killian, William R. Glynn Brunswick Killingsworth, Albert S. Clay Ft. Gaines Kimmons, W. H. (Bill) Pierce 310 Highway Ave. Blackshear King, Joe N. Chattahoochee P. O. Box 96 Cusseta Kirkland, H. E. (Red) Tattnall Rt. 1, Box 2 Glennville Knight, D. W. (Bill) Jr. Laurens Dexter Knight, W. D. Berrien P. O. Box 117 Nashville Lane, W. Jones Bulloch Statesboro Lanier, William L. (Bill) Candler Rt. 2, Metter Lee, William J. Bill Clayton Rt. 1 Forest Park Lewis, Preston B., Jr. Burke Box 88 Waynesboro Loggins, Joseph E. Chattooga Summerville Lokey, Leonard N. McDuffie P. O. Box 167 Thomson Lovett, W. Herschel Laurens Dublin Lowrey, Sidney Floyd Rt. 1, Rome Mackay, James A. DeKalb Masonic Temple Bldg. Decatur Massee, R. C. (Bob) Pulaski Hawkinsville Matthews, Chappelle Clarke 116 Shackelford Bldg., Athens Matthews, Dorsey R. Colquitt Moultrie McClelland, Ralph Fulton 1103 1st Nat'l Bank Bldg. Atlanta McCracken, J. Roy Jefferson Avera McCutchen, P. T. Gilmer Ellijay McDonald, T. J., Jr. White Box 126 Cleveland McGarity, Edward E. Henry McDonough Melton, Quimby, Jr. Spalding Box 411 Rt. 3, Griffin Milhollin, Henry R. Coffee Rt. 2, Douglas Miller, Dr. J. H. Elbert Elberton Mixon, Harry Irwin First State Bk. Bldg., Ocilla Moate, Marvin E. Hancock Sparta Moore, John Harvey Polk 503 N. Cave Spring St. Cedartown Moorman, Warren S. Lanier Lakeland Morgan, Handsel Gwinnett Buford Morris, Leonard Tift 813 Carolina Dr., Tifton Moss, C. L. Gordon Calhoun Mullis, J. R. (Jim) Bleckley Cochran Murphy, Thomas B. Haralson 101 Atlantic Ave., Bremen NeSmith, Jimmy D. Meriwether P. O. Box 269 Manchester Newton, David L. Colquitt Rt. 2 Norman Park Odom, Colquitt Dougherty 234 Pine Ave., Albany Otwell, Roy P., Sr. Forsyth Cumming Pannell, Chas. A. Murray Chatsworth Paris, James W. Barrow Winder Parker, H. Walstein Screven Rt. 6, Sylvania Parker, Thomas A. Ware Rt. 4, Waycross Parker, W. C. Bill Appling Baxley Parmer, Hershel W. Heard Roopville Payton, Henry N. Coweta P. O. Box 554 Newnan Pelham, B. E. Schley Ellaville Phillips, Glenn S. Columbia Harlem Phillips, John Lee Walton Monroe Phillips, J. Taylor Bibb 563 Walnut St. Macon Pickard, Mac Muscogee 1701 Crest Dr. Box 1657 Columbus Poole, Will Pickens Jasper Potts, George W. Coweta Newnan Purcell, Parker Franklin Carnesville Raulerson, Louis T. Echols Haylow Ray, Jack B. Warren Norwood Roberts, Corbin C. Jones Gray Rodgers, H. Ben Charlton Folkston Rogers, James V. Paulding Dallas Roper, Allen P. Greene Greensboro Ross, Ben B. Lincoln Lincolnton Rowland, Emory L. Johnson Wrightsville Rutland, Guy W., Jr. DeKalb 703 Clairmont Ave., Decatur Sangster, Thomas I. Dooly Rt. 3, Vienna Scarborough, John C., Jr. Crawford Box 234 Roberta Scoggin, Robert L. (Bob) Floyd Masonic Bldg., Rome Sheffield, John E., Jr. Brooks Quitman Shuman, Jack W. Bryan Pembroke Simmons, J. Grover Banks Rt. 1, Baldwin Simpson, Mackie Wheeler Glenwood Sinclair, J. Paul Macon Montezuma Singer, Sam S. Stewart Lumpkin Smith, Geo. L., II Emanuel Swainsboro Smith, George T. Grady P. O. Box 156 Cairo Smith, J. Robert Brantley Nahunta Smith, M. M. (Muggsy) Fulton 650 Hurt Bldg. Atlanta Smith, Richard Russell Habersham Box 33 Clarkesville Smith, Virgil T. Whitfield Dalton 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. Dodge Stuckey's, Inc. Box 301 Eastman Summers, Marvin Lester Crisp Rt. 2, Cordele Tabb, Buck Miller Colquitt Tamplin, Howard Morgan Madison Taylor, Henry Dawson Star Rt. Gainesville Taylor, John L. Decatur Attapulgus Taylor, Phil Bibb 914 Persons Bldg., Macon Teague, E. W. Cobb Rt. 6, Allgood Rd., Marietta Thornton, Richard B. Bibb 165 - 1st St. Bldg., Macon Todd, W. G. Glascock Gibson Tucker, M. King Burke Box 54 Waynesboro Twitty, Frank S. Mitchell Camilla Undercofler, Hiram K. Sumter Americus Underwood, Joe C. Montgomery Mt. Vernon Underwood, Ralph R. Taylor Butler Vaughn, Clarence R., Jr. Rockdale Conyers Waldrop, Hayne Carroll P. O. Box 253 Villa Rica Walker, Fred H. Lowndes 2117 Jerry Jones Dr. Box 624 Valdosta Walker, J. Wimbric Telfair McRae Ware, J. Crawford Troup Hogansville Watson, R. Herman Houston 109 Dogwood Dr. Warner Robins Wells, D. Warner Peach Ft. Valley Wells, Hubert H. Oconee Watkinsville Wells, J. Nolan Camden Kingsland White, Daniel H. McIntosh Darien Wickham, William C. (Billy) Muscogee P. O. Box 5 Columbus Wilkes, Wilson B. Cook Adel Williams, George J. Coffee Rt. 1, Axson Williams, W. M. (Bill) Hall 630 Brenau Ln. Gainesville Willingham, Harold S. Cobb 841 Church St. Marietta Wilson, Joe Mack Cobb 306 Northcutt St., Marietta Woodward, Bailey Butts Jackson Young, Clyde S. Turner Rebecca

Page 3606

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1961-1962 County Representative Post Office Appling W. C. Bill Parker Baxley Atkinson Waldo Henderson Rt. 2, Lakeland Bacon H. Dorsey Deen Rt. 4, Alma Baker J. L. (Leckey) Barnett Elmodel Baldwin Culver Kidd Milledgeville Philip M. Chandler 500 N. Tattnall St. Milledgeville Banks J. Grover Simmons Rt. 1, Baldwin Barrow James W. Paris Winder Bartow Wm. B. Greene c/o Lawyers Bldg. S. Erwin St. Cartersville Charles V. Crowe, Jr. P. O. Box 83 Cartersville Ben Hill A. B. C. (Brad) Dorminy, Jr. 701 W. Central Fitzgerald Berrien W. D. Knight P. O. Box 117 Nashville Bibb Richard B. Thornton 165 - 1st St. Bldg., Macon J. Taylor Phillips 563 Walnut St. Macon Phil Taylor 914 Persons Bldg., Macon Bleckley J. R. (Jim) Mullis Cochran Brantley J. Robert Smith Nahunta Brooks John E. Sheffield, Jr. Quitman Bryan Jack W. Shuman Pembroke Bulloch Wiley B. Fordham 4 S. Main St. Statesboro W. Jones Lane Statesboro Burke M. King Tucker Box 54 Waynesboro Preston B. Lewis, Jr. Box 88 Waynesboro Butts Bailey Woodward Jackson Calhoun W. Harvey Jordan Leary Camden J. Nolan Wells Kingsland Candler William L. (Bill) Lanier Rt. 2, Metter Carroll J. Ebb Duncan W. Club Dr. Carrollton Hayne Waldrop P. O. Box 253 Villa Rica Catoosa Joe T. Clark Ringgold Charlton H. Ben Rodgers Folkston Chatham Ralph L. Crawford 356 Oxford Dr. Savannah Grady Lee Dickey 312 E. Oglethorpe Ave. Savannah Arthur J. Funk 7 Grimball River Rd., Savannah Chattahoochee Joe N. King P. O. Box 96 Cusseta Chattooga James H. Floyd Box 521, Trion Joseph E. Loggins Summerville Cherokee Carl T. Barrett Holly Springs Clarke Julian H. Cox 285 College Ave., Athens Chappelle Matthews 116 Shackelford Bldg., Athens Clay Albert S. Killingsworth Ft. Gaines Clayton Edgar Blalock Jonesboro William J. Bill Lee Rt. 1, Forest Park Clinch Wallace L. Jernigan Box 337 Homerville Cobb E. W. Teague Rt. 6, Allgood Rd., Marietta Harold S. Willingham 841 Church St., Marietta Joe Mack Wilson 306 Northcutt St., Marietta Coffee George J. Williams Rt. 1, Axson Henry R. Milhollin Rt. 2, Douglas Colquitt Dorsey R. Matthews Moultrie David L. Newton Rt. 2, Norman Park Columbia Glenn S. Phillips Harlem Cook Wilson B. Wilkes Adel Coweta Henry N. Payton P. O. Box 554, Newnan George W. Potts Newnan Crawford John C. Scarborough, Jr. Box 234 Roberta Crisp Marvin Lester Summers Rt. 2, Cordele Dade Maddox J. Hale Trenton Dawson Henry Taylor Star Rt., Gainesville Decatur G. Harvey Dollar 710 Scott St. Bainbridge John L. Taylor Attapulgus DeKalb James A. Mackay Masonic Temple Bldg., Decatur Pierre Howard 209 Phelps Bldg., Decatur Guy W. Rutland, Jr. 703 Clairmont Ave., Decatur Dodge W. S. Stuckey Stuckey's Inc. Box 301 Eastman Dooly Thomas I. Sangster Rt. 3, Vienna Dougherty Colquitt Hurst Odom 234 Pine Ave., Albany George D. Busbee 2003 Nottingham Way Albany Douglas Alpha A. Fowler, Jr. Douglasville Early Leon H. 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 Fannin A. C. Duncan Box 308, Copperhill, Tenn. Fayette A. Hewlette Harrell Fayetteville Floyd Robert L. (Bob) Scoggin Masonic Bldg., Rome J. Battle Hall Box 1267 Rome Sidney Lowrey Rt. 1, Rome Forsyth Roy P. Otwell, Sr. Cumming Franklin Parker Purcell Carnesville Fulton Wilson Brooks 413 Grant Bldg. Atlanta M. M. (Muggsy) Smith 650 Hurt Bldg. Atlanta Ralph McClelland 1103 1st Nat'1 Bank Bldg. Atlanta Gilmer P. T. McCutchen Ellijay Glascock W. G. Todd Gibson Glynn William R. Killian Brunswick Winebert Dan Flexer, II Country Club Pk., Brunswick Gordon C. L. Moss Calhoun Grady George T. Smith P. O. Box 156 Cairo Greene Allen P. Roper Greensboro Gwinnett Earl P. Story Lawrenceville Handsel Morgan Buford Habersham Richard Russell Smith Box 33 Clarkesville Hall W. M. (Bill) Williams 630 Brenau Ln., Gainesville Robert (Bob) Andrews Cleveland Rd., Gainesville Hancock Marvin E. Moate Sparta Haralson Thomas B. Murphy 101 Atlantic Ave., Bremen Harris William Burton Steis Hamilton Hart M. Parks Brown Hartwell Heard Hershel W. Parmer Roopville Henry Edward E. McGarity McDonough Houston R. Herman Watson 109 Dogwood Dr. Warner Robins Irwin Harry Mixon First State Bank Bldg. Ocilla Jackson Mac Barber Commerce Jasper Roy R. Kelly Monticello Jeff Davis James L. (Jimmy) Conner Hazlehurst Jefferson J. Roy McCracken Avera Jenkins Marion Merrill Johnson, Sr. 314 Harvey St., Millen Johnson Emory L. Rowland Wrightsville Jones Corbin C. Roberts Gray Lamar Haygood Keadle Barnesville Lanier Warren S. Moorman Lakeland Laurens D. W. (Bill) Knight, Jr. Dexter W. Herschel Lovett Dublin Lee H. Goodwin Hall Rt. 2, Leesburg Liberty Charles M. Jones 105 S. Medway St. Hinesville Lincoln Ben B. Ross Lincolnton Long Byrom M. Fitzgerald Ludowici Lowndes Fred H. Walker Box 624 2117 Jerry Jones Dr. Valdosta Roger McCartney Budd 909 Pineridge Dr., Valdosta Lumpkin Fred C. Jones, Jr. 707 N. Grove St., Dahlonega Macon J. Paul Sinclair Montezuma Madison Harold A. (Hap) Boggs Box 177 Danielsville Marion E. C. (Hamp) Stevens Buena Vista McDuffie Leonard N. Lokey P. O. Box 167, Thomson McIntosh Daniel H. White Darien Meriwether Render Hill Greenville Jimmy D. NeSmith P. O. Box 269 Manchester Miller Buck Tabb Colquitt Mitchell Frank S. Twitty Camilla John Collins Rt. 1, Pelham Monroe Harold G. Clarke Forsyth Montgomery Joe C. Underwood Mt. Vernon Morgan Howard Tamplin Madison Murray Chas. A. Pannell Chatsworth Muscogee Harry Dicus 208 Empire Bldg., Columbus Mac Pickard 1701 Crest Dr. Box 1657 Columbus William C. (Billy) Wickham P. O. Box 5 Columbus Newton W. D. Ballard Bonnelle St. Covington Oconee Hubert H. Wells Watkinsville Oglethorpe George B. Brooks Crawford Paulding James V. Rogers Dallas Peach D. Warner Wells Ft. Valley Pickens Will Poole Jasper Pierce W. H. (Bill) Kimmons 310 Highway Ave. Blackshear Pike Lamar E. Dunn Rt. 1, Williamson Polk John Harvey Moore 503 N. Cave Spring St., Cedartown L. E. Adams, Jr. Rockmart Pulaski R. C. (Bob) Massee Hawkinsville Putnam N. D. Horton, Jr. Eatonton Quitman Joe J. Hurst Georgetown Rabun Knox Bynum Clayton Randolph A'Delbert (Dell) Bowen Cuthbert Richmond William M. Fleming, Jr. Johnson Bldg., Augusta J. B. Fuqua 1001 Reynolds St., Augusta James M. Hull, Jr. Sou. Fin. Bldg., Augusta Rockdale Clarence R. Vaughn, Jr. Conyers Schley B. E. Pelham Ellaville Screven H. Walstein Parker Rt. 6, Sylvania Seminole J. O. Brackin Iron City Spalding Arthur K. Bolton Box 602 Griffin Quimby Melton, Jr. Box 411 Rt. 3, Griffin Stephens J. A. Jim Andrews 108 E. Doyle St. Toccoa Stewart Sam S. Singer Lumpkin Sumter Thad M. Jones P. O. Box 28, Plains Hiram K. Undercofler Americus Talbot Brooks Culpepper P. O. Box 57, Talbotton Taliaferro Wales T. Flynt Crawfordville Tattnall H. E. (Red) Kirkland Box 2 Rt. 1, Glennville Taylor Ralph R. Underwood Butler Telfair J. Wimbric Walker McRae Terrell Steve M. Cocke Dawson Thomas James W. (Jim) Keyton 137 Woodland Dr., Thomasville James W. Bozeman, Jr. Meigs Tift Leonard Morris 813 Carolina Dr., Tifton W. Frank Branch Box 287 Tifton Toombs Ross P. Bowen Rt. 1, Lyons Towns B. C. Cloer Young Harris Treutlen J. Wyman Fowler Soperton Troup Frank G. Birdsong LaGrange J. Crawford Ware Hogansville Turner Clyde S. Young Rebecca Twiggs Homer L. Chance Danville Union Bonnell Akins Blairsville Upson Johnnie L. Caldwell Thomaston Talmage B. Echols Thomaston Walker Billy Shaw Abney LaFayette Robert E. Coker LaFayette Walton John Lee Phillips Monroe Ware Thomas A. Parker Rt. 4, Waycross Ben A. Hodges Waycross Warren Jack B. Ray Norwood Washington Francis Joiner P. O. Box 151, Tennille Wayne E. C. (Gene) Davis Rt. 2, Jesup Webster J. Lucius Black Preston Wheeler Mackie Simpson Glenwood White T. J. McDonald, Jr. Box 126 Cleveland Whitfield G. J. (Jack) Boyett P. O. Box 77 Dalton Virgil T. Smith Dalton Wilcox Norman B. Doster Rochelle Wilkes H. H. Barnett P. O. Box 134, Washington Wilkinson Geo. H. Carswell Irwinton Worth David C. Jones Box 90, Sylvester

Page 3615

RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR YEARS 1953-1960 AS OF MAY, 1961 Georgia Laws Referendums Proposed Status Unknown Not Held Final Result 1953 (Jan.-Feb.) 14 1 2 11 1953 (Nov.-Dec.) 21 4 ..... 17 1955 17 1 1 15 1956 39 4 1 34 1957 24 ..... 1 23 1958 46 3 2 41 1959 35 ..... 1 34 1960 47 11 1 35 TOTAL 243 24 9 210

Page 3616

REFERENDUM ELECTIONS1953-1960 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session : County Page No . SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City Treasurer of Camilla Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Status unknown Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

Page 3617

Georgia Laws 1953, November-December session : County Page No . SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain county officers on salary basis 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Status unknown Clayton 2029 City of Lake Tara 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Status unknown Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote : For202; Agn132 County vote : For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness for building purposes Status unknown Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 For253 Agn290 Miller 2814 City Court of Miller County 9-8-54 Status unknown Richmond 2610 City of Augusta Status unknown Richmond 2476 City of Augusta 11-17-54 For259 Agn189 Sumter 2972 Tax Millage 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote : For140; Agn6 Outside city vote : For64; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1955 : County Page No . SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55* For1079 *Special election held May 31, 1955 and 2 additional members elected. Agn716 Clarke 3057 Merger city and county school systems 5-4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton and Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4-5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 3620

Georgia Laws, 1956 : County Page No . SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For107 Agn58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For463 Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 Judge, City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City Manager, City of Forest Park Status unknown Clayton (1 of 2) 2040 City of Forest Park Status unknown Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain county officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169 [UNK] City vote : Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultrie Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1-West Moultrie Area: For99; Agn57 [UNK] Area vote : Area 2Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For: (a)4,743 For: (b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For292 Agn37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote : For6179; Agn2356 Outside city vote : For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote : For948; Agn595 Affected area For365; Agn400 Thomas 3159 Certain county officers on salary basis 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote : For216; Agn117 Outside city vote : For41; Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1957 : County Page No . SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn314 Bulloch 2877 City of Statesboro 7-26-57 Area 1 : For312; Agn14 Area 2 : For312; Agn14 Area 3 : For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For422 Agn128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1958 : County Page No . SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County officers on salary basis 9-10-58 For3462 Agn1356 Brooks 2859 City Commission of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Compensation of Sheriff 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For223 Agn37 Clayton 3022 City of Mountain View In litigation Clayton 3397 City of Forest Park Status unknown Clayton and Fulton 2309 City of College Park 5-19-58 For2 Agn0 Clayton and Fulton 2363 City of College Park 5-14-58 For10 Agn0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote : For41; Agn1 Affected area : For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel # 1-City vote : For227; Agn15 Outside city : For143; Agn54 Parcel #2- City vote : For229; Agn15 Outside city : For39; Agn40 Parcel #3- City vote : For230; Agn14 Outside city : For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Fulton 2721 City of College Park 6-3-58 For738 Agn340 Fulton and Clayton 2453 City of College Park 5-19-58 For2 Agn0 Fulton and Clayton 2854 City of College Park 5-14-58 For0 Agn0 Fulton and Clayton 3212 City of East Point 7-16-58 For63 Agn28 Gordon 2131 City of Calhoun 3-26-58 City vote : For234; Agn75 County vote : For203; Agn256 Hall 2279 Gainesville City Commission 4-1-58 For925 Agn169 Haralson 2820 Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote : For61; Agn75 Outside City : For16; Agn116 Henry 3200 City of Hampton 4-30-58 City vote : For92; Agn3 Outside City : For37; Agn9 Henry 3367 City of McDonough Status unknown Jasper 2922 City of Monticello 6-3-58 City vote : For147; Agn107 Outside City : For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2697 City of Tifton 5-7-58 For669 Agn43 Tift 2696 City of Tifton 4-30-58 For333 Agn286 Tift 2930 City of Tifton Commissioners 5-28-58 For338 Agn338 Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1959 : County Page No . SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White (Sec. 2) 5-16-59 For7 Agn36 Bartow 2907 City of White 5-16-59 For27 Agn45 Bartow 2920 City of Kinston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County officers on salary basis 4-4-59 For1522 Agn509 Clayton and Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton and Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton and Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton and Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb 3142 City of AustellParcel #1 8-25-59 For5 Agn49 Colquitt 2397 TaxationCity of Norman Park 5-25-59 For50 Agn81 Dougherty 2091 County Commissioners 4-12-60 For755 Agn417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241 Agn569 Douglas 3142 City of AustellParcel #4 * * See Cobb County1 of 4 elections held. 8-11-59 ** ** Certified copy of Order of Ordinary on file in this office, under date of January 5, 1960, declaring the election held August 11, 1959 to be null and void. For14 Agn15 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County officers on salary basis 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 County officials on salary system 6-30-59 For502 Agn75 Meriwether and Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote : For387; Agn75 County vote : For86; Agn291 Polk 2732 Certain County officers on a salary basis 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 3-17-59 For810 Agn1629 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1960 : County Page No . SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 Status unknown Bibb 3223 Macon Bibb County incorporated 6-1-60 City vote : For4598; Agn4288 Outside City vote : For1902; Agn7368 Payne City vote : For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan Status unknown Douglas and Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur 12-7-60 Status unknown Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area : For32; Agn62 Within City vote : For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton and Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton and Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County officers on salary basis 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote : For61; Agn35 Outside City vote : For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4057 Agn959 Jefferson 2913 Town of Avera 9-15-60 Status unknown Lamar 2294 Certain County officers on salary basis 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court 5-28-60 Status unknown McIntosh 2893 Sheriff 5-28-60 Status unknown McIntosh 2899 Tax Commissioner 5-28-60 Status unknown McIntosh 2904 Ordinary 5-28-60 Status unknown Mitchell 2301 City of Camilla 4-27-60 City of Camilla For45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not held as of 9-8-60 Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and creation of Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County officers on salary basis 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 3636

RESULTS OF CONSTITUTIONAL AMENDMENTS OF 1960 GOVERNOR'S PROCLAMATION A Proclamation BY THE GOVERNOR: WHEREAS: Pursuant to the provisions contained in the proposed Amendments to the Constitution of the State of Georgia, an Executive Proclamation was issued and published as provided in said Acts and as required by the Constitution of this State, submitting the following proposed Amendments for ratification or rejection by the qualified voters of the State at the General Election held Tuesday, November 8, 1960, and the following are the votes received: FOR AGAINST 1 . (Ga. L. 1960 P. 1297) Amendment to the Constitution to provide for the appropriation of motor fuel taxes for highway construction and maintenance purposes in order to provide an adequate system of through highways, rural and post roads and bridges in this State. 282,773 133,810 2 . (Ga. L. 1960 P. 1273) Amendment to Article VII, Section VI, Paragraph 1 (a) of the Constitution to establish and clarify provisions for payment of contract obligations authorized by the State Constitution. 206,952 148,528 3 . (Ga. L. 1960 P. 1270) Amendment to the Constitution so as to provide for additional members from the State - at - large to the State Board of Education and a new method of filling vacancies. 121,237 257,843 4 . (Ga. L. 1960 P. 1211) Amendment to the Constitution so as to authorize the General Assembly to provide by law for the granting of State funds to municipalities. 207,067 164,972 5 . (Ga. L. 1960 P. 1444) Amendment to the Constitution so as to change the provisions relating to the millage limitation for the tax levy for education. 194,771 170,889 6 . (Ga. L. 1960 P. 1347) Amendment to the Constitution so as to provide for Salary, Expenses and Mileage of the Members of the General Assembly. 116,296 247,233 7 . (Ga. L. 1960 P. 1262) Amendment to the Constitution so as to provide that the General Assembly shall have the power to establish an Industrial Development Commission to make loans available to industrial development agencies to aid them in acquiring and constructing industrial and manufacturing plants and facilities within the State; and to provide that the General Assembly shall have the power to tax to carry out and implement the purpose of Commission. 180,174 173,625 8 . (Ga. L. 1960 P. 1245) Amendment to the Constitution so as to provide for the promotion of agricultural products. 247,301 128,534 9 . (Ga. L. 1960 P. 1225) Amendment to the Constitution so as to provide for the payment for taking or damaging private property for public road and street purposes. 212,516 140,167 10 . (Ga. L. 1960 P. 1318) Amendment to the Constitution so as to provide that the Commissioner of Agriculture shall be ex officio a member of the Board of Regents of the University System of Georgia. 119,203 278,804 11 . (Ga. L. 1960 P. 1213) Amendment to the Constitution so as to empower the General Assembly to authorize counties to use public funds for school lunch purposes. 214,788 152,451 12 . (Ga. L. 1960 P. 1268) Amendment to Article VII, Section II, of the 1945 Constitution of Georgia, so as to authorize the levy of a maximum of $1.00 on the sale of every marriage license in Georgia for the purpose of paying pensions and other benefits and costs under an Ordinaries' Retirement System of Georgia. 173,170 195,012 13 . (Ga. L. 1960 P. 1300) Amendment to the Constitution so as to provide for repayment of medical loans and scholarships by service at Milledgeville State Hospital. 254,520 109,713 14 . (Ga. L. 1960 P. 1215) Amendment to the Constitution so as to provide for the granting of scholarships to physicians and other personnel for specialized training in the field of mental health. 251,937 111,249 15 . (Ga. L. 1960 P. 1259) Amendment to the Constitution so as to authorize the establishment of area schools, including vocational trade schools. 242,015 115,705 16 . (Ga. L. 1960 P. 1366) Amendment to the Constitution so as to authorize counties to purchase liability insurance. 232,036 118,314 17 . (Ga. L. 1960 P. 1247) Amendment to the Constitution so as to authorize the creation of a Brunswick Ports Authority. 179,466 161,234 18 . (Ga. L. 1960 P. 1255) Amendment to the Constitution so as to provide for the discipline, including courts - martial and non - judicial punishment, procedures and rules of evidence therefor, for members of the Militia when not in Federal service. 185,954 148,736 19 . (Ga. L. 1960 P. 1257) Amendment to the Constitution to authorize the General Assembly to create the Athens Public Facilities Authority and to ratify and confirm the Act heretofore adopted pertaining to said Authority and to ratify and confirm all acts performed by it pursuant thereto. 139,699 173,948 THEREFORE: I, S. Ernest Vandiver, Governor of the State of Georgia, do hereby proclaim that general Amendments Nos. 1, 2, 4, 5, 7, 8, 9, 11, 13, 14, 15, 16, 17, 18, having been ratified according to the Constitution of this State according to the results of the General Election, certified to me by the Secretary of State, are hereby declared to be a part of the Constitution of the State of Georgia, effective this date. Amendments Nos. 3, 6, 10, 12, 19, not having been ratified are hereby declared not to be a part of the Constitution of Georgia, effective this date.

Page 3639

Given under my hand and the Great Seal of the State of Georgia, in the City of Atlanta, this the 29th day of November, 1960, and of the Independence of the United States of America, the One Hundred and Eighty Fifth. S. ERNEST VANDIVER Governor BY THE GOVERNOR: PETER ZACK GEER Secretary, Executive Department BEN W. FORTSON, JR. Secretary of State

Page 3640

GOVERNOR'S PROCLAMATION A Proclamation BY THE GOVERNOR: WHEREAS: Pursuant to the provisions contained in the proposed Amendments to the Constitution of the State of Georgia, an Executive Proclamation was issued and published as provided in said Acts and as required by the Constitution of this State, submitting the following proposed local Amendments for ratification or rejection by the qualified voters of the State at the General Election held Tuesday, November 8, 1960, and the following are votes received by each such local Constitutional Amendment in the particular County or Counties affected by each such local Amendment, to-wit: FOR AGAINST 20 . (Ga. L. 1959 P. 451) Amendment to the Constitution so as to provide that a member of the County Board of Education of Baker County must be a freeholder and to provide that a vacancy shall occur in the event a member removes his residence from the school district which he represents. BAKER COUNTY 626 16 21 . (Ga. L. 1960 P. 1395) Amendment to the Constitution to provide for the adoption of ordinances for the governing and policing of Baldwin County and enforcement of County ordinances. BALDWIN COUNTY 705 2,253 22 . (Ga. L. 1960 P. 1280) Amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for hospital, surgical and medical care for employees. BIBB COUNTY 6,535 7,003 23 . (Ga. L. 1960 P. 1227) Amendment to the Constitution so as to create the Brooks County Development Authority. BROOKS COUNTY 803 1,100 24 . (Ga. L. 1960 P. 1321) Amendment to the Constitution so as to provide for the merging of the existing independent school system of the City of Quitman and existing school district of Brooks County lying outside the corporate limits of said City into one school system coextensive with the limits of said County; and so as to provide for the termination of the term of office of the present County School Superintendent and the appointment of a School Superintendent by a Board of Education elected by the people. Those living in the Quitman City School System 428 136 These living outside the corporate limits of said City. 293 128 Morven District 62 124 Barney District 25 137 Dixie District 32 77 Williams District 17 116 Dry Lake District 44 53 Nankin District 42 20 Tallocas District 6 42 Hickory Head District 12 19 Groverville District 8 21 Empress District 7 1 Briggs District 4 18 BROOKS COUNTY 980 892 25 . (Ga. L. 1959 P. 460) Amendment to the Constitution so as to grant authority to the City of St. Marys to bind itself by contract to a stabilized property tax program. CAMDEN COUNTY 287 174 26 . (Ga. L. 1960 P. 1283) Amendment to the Constitution so as to provide for a Board of Tax Administrators to evaluate property in Catoosa County and to require the taxing authorities to levy a tax therefor. CATOOSA COUNTY 1,945 2,090 27 . (Ga. L. 1960 P. 1344) Amendment to the Constitution so as to create the Savannah Transit Authority. CHATHAM COUNTY 10,457 4,769 28 . (Ga. L. 1960 P. 1418) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Chattahoochee County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. CHATTAHOOCHEE COUNTY 127 42 29 . (Ga. L. 1959 P. 453) Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Chattooga County by the people. CHATTOOGA COUNTY 2,042 403 30 . (Ga. L. 1960 P. 1306) Amendment to the Constitution so as to provide for the paving of streets in Clarke County and to authorize the cost thereof to be assessed against the property on each side of such streets. CLARKE COUNTY 3,086 2,612 31 . (Ga. L. 1960 P. 1308) Amendment to the Constitution so as to provide for the establishment, maintenance and operation of storm sewer, street light and garbage collection districts within Clarke County CLARKE COUNTY 3,699 1,892 32 . (Ga. L. 1960 P. 1310) Amendment to the Constitution so as to authorize the governing authority of Clarke County to issue and require building permits, to charge fees therefor, and to establish a building code. CLARKE COUNTY 3,338 2,084 33 . (Ga. L. 1960 P. 1313) Amendment to Article VII, Section IV, Paragraph 1 of the Constitution authorizing the Board of Commissioners of Roads and Revenues of Clarke County to assess and collect license fees and occupational taxes upon business in Clarke County outside the incorporated limits of municipalities and to regulate same. CLARKE COUNTY 3,294 2,152 34 . (Ga. L. 1960 P. 1316) Amendment to the Constitution to provide for the adoption of ordinances for policing of Clarke County and enforcement of County ordinances. CLARKE COUNTY 3,767 1,559 35 . (Ga. L. 1960 P. 1379) Amendment to Constitution so as to create the Athens-Clarke County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. CLARKE COUNTY 3,347 2,020 36 . (Ga. L. 1960 P. 1387) Amendment to the Constitution so as to provide for water, sanitation, sewerage and fire protection systems for Clarke County and the levying of taxes and the issuance of bonds related thereto. CLARKE COUNTY 3,359 2,189 37 . (Ga. L. 1959 P. 457) Amendment to the Constitution so as to provide for the establishment and financing of municipal port and terminal facilities in Clay County and to prescribe the procedure connected therewith. CLAY COUNTY 386 44 38 . (Ga. L. 1960 P. 1354) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Clay County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. CLAY COUNTY 388 51 39 . (Ga. L. 1960 P. 1206) Amendment to the Constitution so as to authorize the General Assembly to grant the governing authority of Clayton County the right to district areas in said county outside municipalities for fire protection purposes. CLAYTON COUNTY 5,107 1,280 40 . (Ga. L. 1960 P. 1238) Amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated area of Cobb County; to provide various codes; and to provide the procedure connected therewith. COBB COUNTY 4,962 6,244 41 . (Ga. L. 1960 P. 1376) Amendment to the Constitution so as to authorize the General Assembly of Georgia to create and establish an independent school system for the City of Smyrna. COBB COUNTY 7,053 6,576 42 . (Ga. L. 1960 P. 1426) Amendment to the Constitution so as to authorize Cobb County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in furtherance of such purpose to create the Cobb County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof. COBB COUNTY 2,178 10,609 43 . (Ga. L. 1960 P. 1402) Amendment to the Constitution so as to create the Moultrie-Colquitt County Development Authority. COLQUITT COUNTY 4,120 436 44 . (Ga. L. 1960 P. 1374) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Dade County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. DADE COUNTY 304 66 45 . (Ga. L. 1960 P. 1368) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Decatur County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. DECATUR COUNTY 2,575 505 46 . (Ga. L. 1960 P. 1410) Amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that DeKalb County may levy a tax, not to exceed one-fourth mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in DeKalb County. DEKALB COUNTY 15,551 13,870 47 . (Ga. L. 1960 P. 1392) Amendment to Article VII, Section IV, Paragraph I, of the Constitution authorizing the Board of Commissioners of Roads and Revenues of Dougherty County to assess and collect license fees and occupational taxes upon businesses in Dougherty County outside the incorporated limits of municipalities and to regulate same. DOUGHERTY COUNTY 3,779 2,278 48 . (Ga. L. 1960 P. 1341) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Early County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. EARLY COUNTY 2,077 75 49 . (Ga. L. 1960 P. 1195) Amendment to the Constitution providing the procedure relative to the election of the County Board of Education of Elbert County by the voters of Elbert County and the election of the County School Superintendent of Elbert County by the County Board of Education of Elbert County. ELBERT COUNTY 1,606 2,343 50 . (Ga. L. 1960 P. 1441) Amendment of the amendment to Article VII, Section VII, Paragraph I of the Constitution of 1945, providing for the assumption of certain Fulton County School District obligations by the City of Atlanta in the event of future extensions of its corporate limits. DEKALB COUNTY 1,327 1,146 FULTON COUNTY 26,367 14,757 51 . (Ga. L. 1960 P. 1439) Amendment to the Constitution so as to provide for the election of members of the Board of Education of Glascock County by the people. GLASCOCK COUNTY 334 80 52 . (Ga. L. 1960 P. 1232) Amendment to the Constitution so as to relieve the Sheriff of Glynn County of his statutory duties as Jailer in the event the County of Glynn contracts with the City of Brunswick for jail facilities and to provide that the City Marshal shall perfor such duties. GLYNN COUNTY 3,252 2,559 53 . (Ga. L. 1960 P. 1397) Amendment to the Constitution so as to authorize the creation of sewage districts in Glynn County, and the levying of taxes and the issuance of bonds related thereto. GLYNN COUNTY 2,415 3,527 54 . (Ga. L. 1960 P. 1420) Amendment to the Constitution so as to authorize Glynn County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Glynn County. GLYNN COUNTY 1,843 4,205 55 . (Ga. L. 1960 P. 1433) Amendment to the Constitution so as to provide staggered terms for the members of the Board of Education of Gwinnett County and to provide a term for the County School Superintendent. GWINNETT COUNTY 3,864 1,642 56 . (Ga. L. 1960 P. 1199) Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Hall County by the people. HALL COUNTY 3,450 932 57 . (Ga. L. 1960 P. 1303) Amendment to the Constitution to grant authority to Commissioners of Roads and Revenues of Hall County to district areas for fire protection purposes and to levy a tax to defray the cost of fire protection. HALL COUNTY 2,367 1,682 58 . (Ga. L. 1960 P. 1349) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Lee County to issue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. LEE COUNTY 337 123 59 . (Ga. L. 1960 P. 1223) Amendment to the Constitution so as to authorize the County Board of Education of Lowndes County to borrow funds and pledge certain building funds to the payment thereof. LOWNDES COUNTY 494 282 60 . (Ga. L. 1960 P. 1359) Amendment to the Constitution so as to create the Valdosta-Lowndes County Industrial Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. LOWNDES COUNTY 4,518 779 61 . (Ga. L. 1960 P. 1295) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Macon County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. MACON COUNTY 832 888 62 . (Ga. L. 1960 P. 1287) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Marion County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. MARION COUNTY 590 87 63 . (Ga. L. 1960 P. 1422) Amendment to the Constitution so as to provide that the Board of Education of McIntosh County shall be elected by the people. McINTOSH COUNTY 508 308 64 . (Ga. L. 1960 P. 1203) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Meriwether County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. MERIWETHER COUNTY 1,521 746 65 . (Ga. L. 1960 P. 1217) Amendment to the Constitution so as to authorize Morgan County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting, and encouraging the location of industries in Morgan County. MORGAN COUNTY 639 610 66 . (Ga. L. 1960 P. 1219) Amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of Morgan County to assess and collect license fees and occupational taxes upon businesses in Morgan County outside the incorporated limits of municipalities and to regulate same. MORGAN COUNTY 584 661 67 . (Ga. L. 1960 P. 1414) Amendment to the Constitution to authorize the General Assembly by legislation to create and establish the Columbus Parking Authority. MUSCOGEE COUNTY 3,534 9,147 68 . (Ga. L. 1960 P. 1253) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Quitman County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. QUITMAN COUNTY 335 30 69 . (Ga. L. 1960 P. 1276) Amendment to the Constitution so as to authorize Richmond County to levy a tax not to exceed one-half () mill on all the taxable property in the county for the purpose of creating a fund to be used in the industrial development of the county and provide the procedure connected therewith. RICHMOND COUNTY 4,120 7,917 70 . (Ga. L. 1960 P. 1370) Amendment to the Constitution so as to provide that the General Assembly shall the power, by legislation, to create, designate, vest pewers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, boards, bureaus, commissions, authorities and governing authorities within Richmond County. RICHMOND COUNTY 4,061 8,843 71 . (Ga. L. 1960 P. 1264) Amendment to the Constitution so as to increase the debt limitation of Rockdale County. ROCKDALE COUNTY 771 821 72 . (Ga. L. 1960 P. 1266) Amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of Rockdale County. ROCKDALE COUNTY 867 814 73 . (Ga. L. 1960 P. 1390) Amendment to the Constitution so as to authorize the governing authority of Spalding County to establish water districts outside the municipalities. SPALDING COUNTY 3,685 698 74 . (Ga. L. 1960 P. 1249) Amendment to the Constitution so as to authorize the construction of an electrical system in Stewart County. STEWART COUNTY 610 110 75 . (Ga. L. 1960 P. 1251) Amendment to the Constitution so as to authorize Stewart County to construct a bridge across the Chattahoochee River. STEWART COUNTY 605 131 76 . (Ga. L. 1960 P. 1339) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Stewart County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. STEWART COUNTY 606 119 77 . (Ga. L. 1960 P. 1289) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Taylor County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. TAYLOR COUNTY 700 258 78 . (Ga. L. 1960 P. 1400) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Telfair County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. TELFAIR COUNTY 763 82 79 . (Ga. L. 1960 P. 1329) Amendment to Constitution so as to create the Thomasville Payroll Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. THOMAS COUNTY 2,423 1,215 80 . (Ga. L. 1960 P. 1207) Amendment to the Constitution so as to provide for the election of the County School Superintendent of Tift County by the people instead of by the County Board of Education; and to provide for compensation for members of the County Board of Education. TIFT COUNTY 1,637 2,247 81 . (Ga. L. 1960 P. 1240) Amendment to the Constitution so as to create the Tift County Development Authority. TIFT COUNTY 2,481 926 82 . (Ga. L. 1960 P. 1408) Amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that neither the personal property exemption, in an amount not to exceed $300.00, nor the homestead exemption, of an amount not to exceed $2,000.00, shall be applicable to taxes which are assessed and collected by the taxing authorities of Tift County for the support and maintenance of education, as recommended by the Tift County Board of Education, unless the owner of such personal property or homestead is sixty-five (65) years of age or older or is qualified for and actually receiving aid or assistance from the Tift County Department of Public Welfare. TIFT COUNTY 1,045 2,334 83 . (Ga. L. 1960 P. 1351) Amendment to Article VII, Section IV, Paragraph I, of the Constitution authorizing the Board of County Commissioners of Ware Couty to assess and collect license fees and occupational taxes upon businesses in Ware County outside the incorporated limits of Waycross and to regulate same. WARE COUNTY 3,290 2,265 84 . (Ga. L. 1960 P. 1234) Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Wayne County by the people. WAYNE COUNTY 1,182 508 85 . (Ga. L. 1960 P. 1357) Amendment to the Constitution so as to authorize the creation of fire protection districts in Whitfield County and the levying of taxes and issuance of bonds related thereto. WHITFIELD COUNTY 2,578 1,236 86 . (Ga. L. 1960 P. 1292) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Wilcox County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. WILCOX COUNTY 539 260 87 . (Ga. L. 1960 P. 1436) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Worth County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. WORTH COUNTY 479 421 THEREFORE: I, S. Ernest Vandiver, Governor of the State of Georgia, do hereby proclaim that local Amendments Nos. 20, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 41, 43, 44, 45, 46, 47, 48, 50, 51, 52, 55, 56, 57, 58, 59, 60, 62, 63, 64, 65, 68,

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72, 73, 74, 75, 76, 78, 79, 81, 83, 84, 85, 86, 87 having been ratified according to the Constitution of this State according to the results of the General Election, certified to me by the Secretary of State, are hereby declared to be a part of the Constitution of the State of Georgia, effective this date. Amendments Nos. 21, 22, 23, 24, 26, 40, 42, 49, 53, 54, 61, 66, 67, 69, 70, 71, 80 and 82 not having been ratified are hereby declared not to be a part of the Constitution of the State of Georgia, effective this date. Given under my hand and the Great Seal of the State of Georgia, in the City of Atlanta, this the 18th day of November, 1960, and of the Independence of the United States of America, the One Hundred and Eighty-Fifth. S. ERNEST VANDIVER Governor BY THE GOVERNOR: PETER ZACK GEER Secretary, Executive Department BEN W. FORTSON, JR. Secretary of State

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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